HB 1383 2003
1	A bill to be entitled
2	An act relating to the Hillsborough County Aviation
3	Authority; codifying, reenacting, and amending the
4	Authority's special acts; removing gender specific
5	language; providing a short title; providing that the act
6	is a reviser; deleting provisions which have expired, have
7	had their effect, have served their purpose, or have been
8	impliedly repealed or superseded; replacing incorrect
9	cross references and citations; correcting grammatical,
10	typographical, and like errors; removing inconsistencies
11	and redundancies; improving clarity and facilitating
12	correct interpretation; providing for compliance with
13	federal law in the expenditure of federal moneys;
14	providing for the rights of employees; providing the act
15	is an additional, alternative, and complete method for the
16	exercise of powers by the Authority; providing a
17	declaration of findings relating to Authority facilities
18	and concessions; providing definitions; providing the
19	purpose of the Authority; providing for members of the
20	Authority, their procedures, and for removal; providing
21	mandatory and discretionary powers and adding
22	discretionary powers which are standard business practices
23	of independent special districts not previously
24	enumerated; providing for alcoholic beverage licenses
25	owned by the Authority and for others operating on
26	Authority property; providing for county and municipal
27	powers and responsibilities and for private ownership
28	transfers; providing for bonds and clarifying that terms
29	of the bonds may be contained in bond documents; providing
30	for bondholder rights and clarifying that bondholder
31	rights may be contained in bond documents; providing for
32	the award of contracts; providing for the legal effects of
33	the acquisition of property or rights therein and for the
34	sale of bonds; providing for an ad valorem tax;
35	prohibiting the use of the taxing power of the state;
36	providing for a covenant of the state; providing for an
37	exemption from taxation; prohibiting discriminatory
38	practices; providing for recodification; providing for
39	grammatical usage; providing for severability; repealing
40	chapters 23339 (1945), 24579 (1947), 27599 (1951), 57-
41	1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-496,
42	75-388, 75-398, 75-401, 83-424, and 96-455, Laws of
43	Florida, relating to the Authority; providing a savings
44	clause; providing an effective date.
45
46	Be It Enacted by the Legislature of the state of Florida:
47
48	Section 1. Pursuant to section 189.429, Florida Statutes,
49	this act constitutes the codification of all special acts
50	relating to the Hillsborough County Aviation Authority. It is
51	the intent of the Legislature in enacting this law to provide a
52	single, comprehensive special act charter for the Authority,
53	including all current legislative authority granted to the
54	Authority by its several legislative enactments and any
55	additional authority granted by this act.
56	Section 2. Chapters 23339 (1945), 24579 (1947), 27599
57	(1951), 57-1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-
58	496, 75-388, 75-398, 75-401, 83-424, and 96-455, Laws of
59	Florida, relating to the Hillsborough County Aviation Authority,
60	are codified, reenacted, amended, and repealed as herein
61	provided.
62	Section 3. The charter for the Hillsborough County
63	Aviation Authority is re-created and reenacted to read:
64	Section 1. Short title.-- This act shall be known as the
65	"Hillsborough County Aviation Authority Act."
66	Section 2. General Provisions.--
67	(1) It is the intent of the Legislature that this act
68	supersede chapter 23339 (1945), 24579 (1947), 27599 (1951), 57-
69	1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-496, 75-
70	388, 75-398, 75-401, 83-424, and 96-455, Laws of Florida,
71	relating to the Hillsborough County Aviation Authority, and is a
72	codification, a compilation of previously existing legislation
73	relating to the Authority.
74	(2) The codification is also to act as a reviser's bill,
75	deleting provisions which have expired, have had their effect,
76	have served their purpose, or have been impliedly repealed or
77	superseded; replacing incorrect cross references and citations,
78	correcting grammatical, typographical, and like errors; removing
79	inconsistencies and redundancies; and improving clarity and
80	facilitating correct interpretation. It is the intent of the
81	Legislature to define frequently used terms and to reflect
82	standard business practices required for an independent special
83	district to conduct its business which have not been previously
84	enumerated.
85	(3) The Authority shall comply with federal law regarding
86	expenditure of federal moneys.
87	(4) This act shall not be construed as impairing or
88	infringing upon any rights, privileges, or benefits enjoyed by
89	any employee of the Authority who is so employed on the
90	effective date of this act.
91	(5) The members and employees of the Authority shall
92	comply with part III of chapter 112, Florida Statutes, as may be
93	amended from time to time.
94	(6) This act provides an additional, alternative, and
95	complete method for the exercise of the powers granted and
96	authorized by this act and shall be regarded as supplemental to
97	powers conferred by other laws and shall not be regarded as a
98	derogation of any powers now existing.
99	(7) Regarding the airport facilities and concessions, the
100	Legislature finds and declares:
101	(a) The proper operation of the publicly owned or operated
102	airports in the county is essential to the welfare of the people
103	of the Tampa Bay area, the state, and its people.
104	(b) The publicly owned or operated airports in the county
105	establish a vital transportation link between the state and the
106	economic systems of the nation and the world and enable the
107	state to enjoy and provide the benefits of an international
108	tourist and commercial center.
109	(c) The economic validity and stability of the publicly
110	owned or operated airports in the county is a matter of
111	statewide importance.
112	(d) The policy of this state is to promote the development
113	of commerce and tourism to secure to the people of this state
114	the benefits of those activities conducted in the state.
115	(e) The proper operation of the publicly owned or operated
116	airports in the county is essential to the welfare of the state
117	and its people, and the Legislature recognizes and affirms such
118	operation as a governmental function to be discharged in
119	furtherance of the policy of securing the benefits of commerce
120	and tourism for the state and its people.
121	(f) The Authority shall manage airport facilities and
122	grant airport concessions to further the development of commerce
123	and tourism in or affecting the Tampa Bay area and the state.
124	In managing its facilities and granting concessions for services
125	to the public, the Authority shall promote the development of
126	commerce and tourism by:
127	1. Securing a diversity of airport services.
128	2. Avoiding wasteful duplication of such services.
129	3. Securing to the users of airports safe, courteous, and
130	quality service.
131	4. Limiting or prohibiting business competition which is
132	destructive to the ends of promoting commerce and tourism in the
133	state.
134	5. Allocating limited airport resources to promote such
135	ends.
136	6. Fostering Florida's image as a commercial and tourist
137	center.
138	Section 3. Definitions.--As used in this act, unless
139	otherwise specifically defined or unless another intention
140	clearly appears:
141	(1) "Advertisement" means a notice published at least once
142	a week for 2 consecutive weeks in at least two newspapers of
143	general circulation in the county, as defined in general law,
144	selected by the Authority.
145	(2) "Air navigation" means the operation or navigation of
146	aircraft in the air space over the county or upon any airport or
147	restricted landing area within the county.
148	(3) "Air navigation facility" means any facility used in,
149	available for use in, or designed for use in aid of air
150	navigation, including airports, restricted landing areas, and
151	any structures, mechanisms, lights, beacons, marks,
152	communicating systems, or other instrumentalities or devices
153	used or useful as an aid or constituting an advantage or
154	convenience to the safe taking off, navigation, and landing of
155	aircraft or the safe and efficient operation or maintenance of
156	an airport or restricted landing area, and any combination of
157	any or all of such facilities.
158	(4) "Airport" means any area of land or water which is
159	designed for the landing and taking off of aircraft, whether or
160	not facilities are provided for the shelter, servicing, or
161	repair of aircraft or for receiving, servicing, and discharging
162	passengers or cargo, all appurtenant areas used or suitable for
163	airport buildings or other airport facilities, and all
164	appurtenant rights-of-way.
165	(5) "Airports and other aviation facilities and facilities
166	related thereto and any portion thereof" means and includes
167	airports, buildings, structures, terminal buildings, parking
168	garages and lots, space, hangars, lands, warehouses, shops,
169	hotels, other aviation facilities of any kind or nature, or any
170	other facilities of any kind or nature related to or connected
171	with said airports and other aviation facilities which the
172	Authority is authorized by law to construct, acquire, own,
173	lease, or operate, together with all fixtures, equipment, and
174	property, real or personal, tangible or intangible, necessary,
175	appurtenant, or incidental thereto.
176	(6) "Airport purposes" means and includes airport,
177	restricted landing area, and other air navigation facility
178	purposes.
179	(7) "Authority" means the Hillsborough County Aviation
180	Authority.
181	(8) "Authority facility" means an airport, airports and
182	other aviation facilities and facilities related thereto and any
183	portion thereof, air navigation facilities, and special purpose
184	facilities and any portion thereof.
185	(9) "Board" means the Board of County Commissioners of
186	Hillsborough County.
187	(10) "Bond" means notes, bonds, certificates, refunding
188	bonds, and other obligations.
189	(11) "Clerk" means Clerk of the Court of Hillsborough
190	County.
191	(12) "County" means the County of Hillsborough.
192	(13) "Division" means the Florida Department of Business
193	and Professional Regulation, Division of Alcoholic Beverages and
194	Tobacco or any successor agency.
195	(14) "Federal" or "Federal Government" means the United
196	States government, the President of the United States, and any
197	department, corporation, commission, agency, or other
198	instrumentality thereof.
199	(15) "Governor" means the Governor of the State of
200	Florida.
201	(16) "Instrument" means a formal or legal document in
202	writing, such as a contract, deed, bond, lease, or mortgage.
203	(17) "Members" means the governing body of the Authority,
204	and the term "member" means one of the individuals constituting
205	such governing body.
206	(18) "Municipality" means a municipality created pursuant
207	to general or special law authorized or recognized pursuant to
208	s. 2 or s. 6, Art. VIII of the State Constitution and located in
209	the county.
210	(19) "Officer of the Authority" means a member who has
211	been elected by the other members to serve as the Chairperson,
212	Vice Chairperson, Secretary, Treasurer, or Assistant Secretary
213	and Treasurer.
214	(20) "Person" means any individual, firm, partnership,
215	corporation, company, association, joint stock association, or
216	body politic and includes any trustee, receiver, assignee, or
217	other similar representative thereof.
218	(21) "Policy" means a general principle adopted by the
219	members and by which the Authority conducts its internal
220	governance.
221	(22) "Regulation" means the same as "rule" as defined by
222	this act and may be used interchangeably with the word "rule."
223	(23) "Resolution" means a formal, written expression of an
224	action adopted by the members.
225	(24) "Revenues" means rates, fees, grants, receipts,
226	charges, and other moneys acquired through all sources by the
227	Authority and interest income thereon.
228	(25) "Rule" means each statement of general applicability
229	adopted by the members that implements, interprets, or
230	prescribes law or policy or describes the procedure or practice
231	requirements of the Authority and includes any form which
232	imposes any requirement or solicits any information not
233	specifically required by statute or by an existing rule and may
234	be used interchangeably with the word "regulation."
235	(26) "Special purpose facilities and any portion thereof"
236	means facilities related to or to be used in connection with the
237	airports and other aviation facilities of the Authority and
238	located on lands at or adjacent to the airports and other
239	aviation facilities under the control, management, and
240	jurisdiction of the Authority and includes all property,
241	structures, rights, easements, and franchises relating thereto
242	and deemed necessary or convenient therefor.
243	(27) "Standard procedure" means the method and manner
244	established or approved by the executive director or a designee
245	of the executive director that implements policy for the day-to-
246	day management of the Authority's operations.
247	(28) "State government" means the government of the State
248	of Florida, the Governor, and any department, commission,
249	corporation, agency, or other instrumentality thereof.
250	(29) "Surplus fund" means an unrestricted fund established
251	by the Authority into which certain revenues of the Authority
252	may be deposited on a monthly or more frequent basis after
253	payment, or provision for payment, of all current expenses
254	pursuant to its then-applicable budget and after all deposits
255	have been made as required under its indentures, trust
256	agreements, and other contracts.
257	(30) "TIA" means Tampa International Airport.
258	Section 4. Creation; purpose.--
259	(1) The Hillsborough County Aviation Authority is created,
260	and the powers granted by this act are declared to be public and
261	governmental functions, exercised for public purposes, and are
262	matters of public necessity. Lands and other real and personal
263	property, easements, and privileges acquired and used by the
264	Authority are declared to have been acquired for and used for
265	public and governmental purposes and as a matter of public
266	necessity. The Authority is a public body corporate and is an
267	independent special district.
268	(2) The Authority has exclusive jurisdiction, control,
269	supervision, and management over all airports in the county and
270	each municipality, except any airport owned, controlled, and
271	operated by a private person. Said jurisdiction, control,
272	supervision, and management are in the best interest of the
273	county and each municipality.
274	Section 5. Membership.--
275	(1) The Authority shall consist of five members: one
276	member who is the Mayor of the City of Tampa, ex officio; one
277	member who is a member of and selected by the Board, ex officio;
278	and three members who are appointed by the Governor. No member
279	shall receive any compensation for services as a member. Each
280	member appointed by the Governor shall be appointed for a term
281	of 4 years. The Board shall appoint one of its members annually
282	at the time of its organizational session who shall serve until
283	its next annual appointment, provided that he or she continues
284	to serve as a county commissioner during that time. Each member
285	shall qualify by taking an oath to faithfully perform the duties
286	of the office, and the oath shall be filed with the clerk. To be
287	eligible for appointment as a member of the Authority by the
288	Governor, the person appointed must be a resident and citizen of
289	the county and may not be employed by or be an elected official
290	of the county or municipality. Each member may continue to serve
291	until a successor has been commissioned.
292	(2) A majority of the members constitutes a quorum.
293	(3) The Governor has the power to remove any member for
294	good cause. Within 15 days after any vacancy occurs a successor
295	shall be appointed in the same manner as that member for which a
296	vacancy has occurred and shall serve for the unexpired term of
297	his or her predecessor.
298	Section 6. Powers.--
299	(1) The Authority has the power to and shall:
300	(a) Elect officers as follows: one member as Chairperson,
301	one member as Vice Chairperson, one member as Secretary, one
302	member as Treasurer, and one member as Assistant Secretary and
303	Assistant Treasurer, each of whom shall hold office for 2 years
304	with new elections being held after any gubernatorial appointee
305	has been commissioned.
306	(b) Approve, file with the clerk, and pay any surety bond
307	required of any member and any employee of the Authority.
308	(c) Exclusively control, supervise, and manage all
309	airports in the county and each municipality, except any airport
310	owned, controlled, or operated by a private person.
311	(d) Advertise for sealed bids when required by law;
312	provided, however, the Authority may reject all bids and
313	readvertise or select a single item from any bid as further
314	provided in this act.
315	(e) Adopt before October 1 an annual budget which has been
316	prepared by the executive director and which must include an
317	estimate of all revenues and anticipated expenditures for the
318	following fiscal year.
319	(f) Require in all bond documents that moneys derived from
320	such bonds be paid to or upon order of the Authority.
321	(g) Have the Authority's finances audited in the same
322	manner as other independent special districts are audited.
323	(2) The Authority has the power to and may:
324	(a) Rely on the provisions of this act, without reference
325	to other laws, in exercising its powers.
326	(b) Establish and maintain such airports in, over, and
327	upon any public waters of this state within the limits of
328	jurisdiction of, or bordering on any municipality, any submerged
329	land under such public waters, and any artificial or reclaimed
330	land which, before the artificial making or reclamation thereof,
331	constituted a portion of the submerged land under such public
332	waters.
333	(c) Construct and maintain terminal buildings, landing
334	floats, causeways, roadways, bridges for approach to or
335	connecting with the airport, and land floats and breakwaters for
336	the protection of any such airport.
337	(d) Require the Treasurer and other officers or employees
338	of the Authority to execute an adequate surety bond, conditioned
339	upon the faithful performance of the duties of the office or
340	employment and in a penal sum fixed by the Authority.
341	(e) Establish positions, duties, and a pay plan, and
342	employ, pay, provide benefits for, promote, discipline, and
343	terminate personnel, including law enforcement officers with
344	full police powers and an Executive Director, formerly known as
345	the Director of Aviation, who shall be responsible for the day-
346	to-day administration, management, and operation of the
347	Authority in accordance with policy established by the members
348	and perform other duties as may be authorized by the members.
349	(f) By policy or resolution, authorize the Executive
350	Director to perform any of the powers of the Authority in whole
351	or in part and with whatever other limitations it may find
352	appropriate, provided that said authorization does not result in
353	an invalid exercise of delegated legislative authority as
354	defined in general law.
355	(g) Employ or contract with technical and professional
356	experts necessary to assist the Authority in carrying out or
357	exercising any powers granted by this act.
358	(h) Reimburse for all travel expenses incurred while on
359	business for the Authority, upon requisition, any member, its
360	attorneys, the Executive Director, and any employee of the
361	Authority traveling under the direction of the Executive
362	Director or the Executive Director's designee in accordance with
363	the Authority's policies.
364	(i) Create, appoint, and prescribe the duties of any
365	committee.
366	(j) Sue and be sued.
367	(k) Adopt, use, and alter a corporate seal.
368	(l) Publish advertisements.
369	(m) Waive advertisement when the Authority determines an
370	emergency exists and supplies and materials must be immediately
371	acquired by the Authority.
372	(n) Negotiate and enter into contracts, agreements,
373	exclusive or limited agreements, and cooperation agreements of
374	any kind necessary for the Authority to fulfill the purposes of
375	this act.
376	(o) Include contract specifications maximizing the
377	employment of persons whose protected group has been
378	underutilized in the past.
379	(p) Enter into exclusive or limited agreements with a
380	single operator or a limited number of operators. The Authority
381	shall grant exclusive or limited agreements to displace business
382	competition by rule or policy whenever the Authority determines,
383	in consideration of the factors set forth below, that any such
384	agreement is necessary to further the purposes of this act.
385	Before entering into any exclusive or limited agreement, the
386	Authority shall, under authority expressly delegated by the
387	state, determine the necessity for such an exclusive or limited
388	agreement to further the policies and objectives stated in this
389	act, which include public safety, public convenience, quality of
390	service, the need to conserve airport space, the need to avoid
391	duplication of services, the impact on the environment or
392	facilities of the airport as an essential commercial and tourist
393	service center, and the need to avoid destructive competition
394	which may impair the quality of airport services to the public,
395	lead to uncertainty, disruption, or instability in the rendering
396	of such services, or detract from the Tampa Bay area and the
397	state's attractiveness as a center of tourism and commerce. In
398	making its determination, the Authority shall take evidence or
399	make findings of fact and establish such policies it deems
400	necessary. Nothing in this paragraph shall excuse the Authority
401	from complying with applicable state or local requirements for
402	competitive bidding or public hearings which may be required
403	prior to awarding or entering into any contract or other
404	agreement.
405	(q) Provide for the manual execution of any instrument on
406	behalf of the Authority by the signature of the Chairperson or
407	Vice Chairperson, and attested to by the Secretary or the
408	Assistant Secretary or, if delegated by the members to do so,
409	the Executive Director or any other Authority personnel to whom
410	authority has been delegated, or by their facsimile signature in
411	accordance with the Uniform Facsimile Signature of Public
412	Officials Act.
413	(r) Purchase and sell equipment, supplies, and services
414	required for its purposes.
415	(s) Sell, lease, transfer, dispose of, or grant a lesser
416	interest in any of its properties.
417	(t) Dispose of tangible personal property in accordance
418	with chapter 274, Florida Statutes, as may be amended from time
419	to time.
420	(u) Grant concessions.
421	(v) Advertise, promote, and encourage the use and
422	expansion of facilities under its jurisdiction.
423	(w) Enact airport zoning regulations in accordance with
424	chapter 333, Florida Statutes, as may be amended from time to
425	time, to ensure the safe operation of airports under its
426	jurisdiction; however, any such airport zoning regulations may
427	not affect the zoning use regulations imposed by the county or
428	any municipality.
429	(x) Issue a written permit, before the county or any
430	municipality issues a building permit and upon request of the
431	affected local government in accordance with the provisions of
432	this act, that any construction proposed on land affected by
433	airport zoning regulations conforms to airport zoning
434	regulations.
435	(y) Acquire, own, construct, install, maintain, and
436	operate Authority facilities by purchase, gift, devise, lease,
437	or any other means, including by eminent domain in accordance
438	with chapters 73 and 74, Florida Statutes, as may be amended
439	from time to time. For the purposes of making surveys and
440	examinations relative to any condemnation proceedings, the
441	Authority may lawfully enter upon any land, doing no unnecessary
442	damage. The Authority may take possession of property to be
443	acquired by condemnation at any time after the filing of the
444	petition describing the same in condemnation proceedings as
445	provided in general law. The Authority is not precluded from
446	abandoning the condemnation of any such property in any case
447	where possession has not been taken.
448	(z) Reimburse the owner of any structure for which the
449	Authority may require removal, relocation, or reconstruction
450	located in, on, under, or across any private property, public
451	street, highway, or other public or private places for the
452	estimated or actual expense of the removal, relocation, or
453	reconstruction.
454	(aa) Supplement and coordinate in design and operation air
455	navigation facilities with those established and operated by the
456	federal and state governments.
457	(bb) Request the county or any municipality to convey to
458	the Authority the fee simple title to any airport or other
459	property owned by the county or any municipality and needed for
460	airport purposes.
461	(cc) Relinquish jurisdiction, control, supervision, and
462	management over any airport or part of any airport which is
463	under its jurisdiction but which is owned by a municipality,
464	county, or other governmental agency, upon determining that any
465	such airport or part of any such airport is no longer required
466	for airport purposes; provided, however, that the consent and
467	approval of any revenue bondholders is first obtained and
468	necessary authorizations or approvals are received from federal
469	agencies regulating airports.
470	(dd) Expend revenues for the cost of investigating,
471	surveying, planning, acquiring, establishing, constructing,
472	enlarging, improving, equipping, and erecting Authority
473	facilities by appropriation of revenues or wholly or partly from
474	the proceeds of bonds of the Authority. The term "cost" includes
475	awards in condemnation proceedings, rentals where an acquisition
476	is by lease, and amounts paid to utility companies for
477	relocation of their wires, poles, and other facilities.
478	(ee) Incur expenses as provided in its annual budget and
479	any amended budget.
480	(ff) Assess against and collect from the owner or operator
481	of each airplane using any Authority facility a landing fee or
482	service charge sufficient to cover the cost of the service
483	furnished to airplanes using any such facility, which cost may
484	include the liquidation of bonds or other indebtedness for
485	construction and improvement.
486	(gg) Accept federal, state, and any other public or
487	private moneys, grants, contributions, or loans for the
488	acquisition, construction, enlargement, improvement,
489	maintenance, equipment, or operation of Authority facilities, or
490	any other lawful purpose.
491	(hh) Fix, alter, charge, establish, and collect rates,
492	fees, rentals, and other charges for the services of Authority
493	facilities at reasonable and uniform rates.
494	(ii) Adopt a resolution as may be required to levy an ad
495	valorem tax and submit it to the board.
496	(jj) Apply for, hold, and periodically transfer alcoholic
497	beverage licenses as provided by this act.
498	(kk) Adopt and amend rules, regulations, and policies
499	reasonably necessary for the implementation of this act.
500	(ll) By resolution, fix and enforce penalties for the
501	violation of this act or a rule, regulation, or policy adopted
502	in accordance with this act.
503	(mm) Amend the budget after its adoption.
504	(nn) Receive, deposit, secure, and pay out moneys as
505	provided by this act.
506	(oo) Designate a depository or depositories which is
507	qualified as a public depository pursuant to section 280.04,
508	Florida Statutes, as may be amended from time to time, and
509	thereafter establish and open an account or accounts into which
510	revenues collected are to be deposited and from which
511	expenditures may be made.
512	(pp) Establish and deposit into and expend moneys from a
513	surplus fund by using funds other than those derived from ad
514	valorem taxation, that may remain unexpended at the end of the
515	fiscal year and may be set aside in a separate fund to be known
516	as the Capital Improvement Fund and accumulated and expended
517	from year to year solely for the purpose of building and
518	constructing permanent improvements, replacements, alterations,
519	buildings, and other structures, including runways, taxi strips,
520	and aprons.
521	(qq) By resolution, borrow money and issue bonds in the
522	manner and within the limitation, except as otherwise provided
523	in this act, prescribed by general law for the issuance and
524	authorization of bonds; however, any bonds issued by the
525	Authority shall have a maturity date not exceeding 40 years from
526	the date of issuance, shall be self-liquidating or otherwise
527	payable from revenues of the Authority, shall be payable
528	semiannually, and shall not be a lien against the general taxing
529	powers of the county or any municipality.
530	(rr) Enter into any deeds of trust, indentures, or other
531	agreements with any bank or trust company as security for its
532	bonds, and assign and pledge any or all of its revenues. Such
533	deeds of trust, indentures, or other agreements may contain
534	provisions customary in such instruments or as authorized by the
535	Authority.
536	(ss) Secure the payment of bonds or any part thereof by
537	pledging all or any part of its revenues and provide for the
538	security of said bonds and the rights and remedies of the
539	bondholders.
540	(tt) Pending the preparation of definitive bonds, issue
541	certificates or temporary bonds to the purchaser of bonds.
542	(uu) Transact the business of the Authority and exercise
543	all powers necessarily incidental to the exercise of the general
544	and special powers granted in this act and under any other law.
545	(vv) Exercise all powers of a local agency granted
546	pursuant to part II of chapter 159, Florida Statutes, as may be
547	amended from time to time, and to a governmental unit granted
548	pursuant to part VII of chapter 159, Florida Statutes, as may be
549	amended from time to time.
550	(ww) Do all acts and things necessary or convenient for
551	the promotion of its business and the general welfare of the
552	Authority.
553	Section 7. Alcoholic beverage licenses.--
554	(1) Beverage licenses not exceeding 4 in number, as
555	provided for in section 561.17, Florida Statutes, as may be
556	amended from time to time, shall be issued to the Authority or
557	other governmental agency operating TIA as provided in this
558	section.
559	(a) Each such beverage license shall be issued upon the
560	written or printed application for licenses to conduct such
561	business, made to the division stating the character of the
562	business to be engaged in, the address of the building wherein
563	the establishment sought to be licensed is or will be located,
564	and the kind of license as defined in chapter 561, Florida
565	Statutes, as may be amended from time to time, which the
566	applicant desires. The application shall be in the name of the
567	Authority or other governmental agency operating TIA and when
568	issued shall be issued in the name of such applicant. The
569	applicant shall pay to the division the license fees for the
570	kind of license that the applicant desires.
571	(b) Each license is renewable as provided by general law.
572	Each beverage license shall be for the term and subject to the
573	same privileges or renewal as provided in sections 561.26 and
574	561.27, Florida Statutes, as may be amended from time to time.
575	(c) Any business operated under any beverage license shall
576	be operated only by a lessee of the restaurants and cocktail
577	lounge or cocktail lounges or bars in the airlines terminal,
578	administration building, or hotel at the airport to whom the
579	license may be transferred. The Authority or governmental agency
580	operating TIA and each authorized lessee shall make application
581	to the division for the transfer of the license to the lessee,
582	and the application shall be approved by the division if it
583	meets the requirements of law to do so. Upon termination of a
584	lease for any reason, the lessee shall immediately notify the
585	division to retransfer the beverage licenses to the Authority or
586	the governmental agency operating TIA. Upon failure of a lessee
587	to notify the division, the Authority or the governmental agency
588	operating TIA shall immediately notify the division in writing
589	to transfer the license back to the Authority or other
590	governmental agency operating TIA which may then transfer it to
591	another authorized lessee. Thereafter, the beverage license may
592	be transferred to any new lessee or the restaurants and cocktail
593	lounge, cocktail lounges, or bars upon the same terms and
594	conditions. Any alcoholic beverage license issued in accordance
595	with this section is the property of the Authority or the
596	governmental agency operating TIA, subject to transfer as
597	provided by this act.
598	(2) This section does not preclude persons operating on
599	property of the Authority from acquiring an alcoholic beverage
600	license for use on its premises pursuant to general law and the
601	rules of the division.
602	Section 8. County and municipal powers and
603	responsibilities; private ownership transfers.--
604	(1) Each municipality is empowered to appropriate moneys
605	for acquiring, establishing, constructing, enlarging, improving,
606	maintaining, equipping, or operating airports and other air
607	navigation facilities under the provisions of this act, and each
608	municipality is authorized to appropriate and to raise by
609	taxation or otherwise moneys to assist in carrying out the
610	provisions of this act as to airports partly or wholly within
611	the limits of each municipality.
612	(2) It is lawful for any municipality, and full power and
613	authority is hereby conferred upon each municipality, to
614	cooperate and share in the exercise of the powers and
615	authorities conferred upon the Authority under the provisions of
616	this act, when mutually agreed upon between any such
617	municipality and the Authority.
618	(3)(a) The county and each municipality are authorized to
619	aid and cooperate with the Authority in carrying out any
620	authorized purpose of the Authority by:
621	1. Entering into cooperation agreements with the Authority
622	and providing in any such cooperation agreement for the making
623	of a loan, gift, grant, or contribution to the Authority.
624	2. Granting and conveying to the Authority real or
625	personal property, of any kind or nature, or any interest
626	therein.
627	3. Covenanting in any such cooperation agreement made
628	pursuant to this section to pay all or any part of:
629	a. The costs of operation and maintenance of Authority
630	facilities from moneys derived from ad valorem taxation or from
631	any other available funds of the county or a municipality.
632	b. The principal of and interest on any revenue bonds of
633	the Authority.
634	c. The deposits required to be made into any reserve, the
635	Capital Improvement Fund, or other funds established by the
636	Authority, any indenture, deed of trust, or other instrument
637	securing said revenue bonds from any available funds of the
638	county or a municipality other than moneys derived from ad
639	valorem taxes.
640	(b) Any cooperation agreement may be made and entered into
641	for such time or times not to exceed 40 years or for such longer
642	time as any revenue bonds of the Authority, including refunding
643	thereof, remain outstanding and unpaid, and may contain such
644	other details, terms, provisions, and conditions as may be
645	agreed upon.
646	(c) Any cooperation agreement may be made and entered into
647	for the benefit of the holders of any revenue bonds of the
648	Authority as well as the parties thereto and is enforceable in
649	any court of competent jurisdiction by the holders of any such
650	revenue bonds or of the coupons appertaining thereto.
651	(4) The county and each municipality are authorized and
652	empowered to convey the fee simple title to any real property
653	needed for airport purposes and owned by either the county or a
654	municipality to the Authority.
655	(5) Before the county or any municipality issues a
656	building permit authorizing building on land affected by airport
657	zoning regulations, it must obtain a written permit from the
658	Authority to certify that the construction conforms to the
659	regulations required by the airport zoning regulations.
660	(6)(a) Any municipality, the county, or any private owner
661	may, and each is authorized to, sell, lease, lend, grant, or
662	convey to the Authority any interest in real or personal
663	property which may be used by the Authority in the construction,
664	improvement, maintenance, leasing, or operation of Authority
665	facilities. Any municipality, the county, or any other owner is
666	additionally authorized to transfer, assign, and set over to the
667	Authority any contract or contracts which may have been awarded
668	by said municipality, the county, or said owner for the
669	construction of Authority facilities not begun or, if begun, not
670	completed.
671	(b) Any such action by the county or any municipality must
672	be approved by the governing body of the county or the
673	municipality expressed by resolution or ordinance.
674	(c) Notwithstanding any other provision of law, this
675	section is complete authority for the acquisition by agreement
676	of airports and other aviation facilities and facilities related
677	thereto and any portion thereof and no other action is required.
678	Section 9. Bonds.--
679	(1) Bonds may be issued to finance one or more or a
680	combination of Authority facilities. Subject to any prior rights
681	of bondholders, proceeds of such bonds may be pledged and used
682	to pay the cost of the acquisition, construction, or improvement
683	of one or more or a combination of Authority facilities or to
684	refund bonds previously issued for such purpose. Revenues of the
685	Authority, regardless of the airport project or other source
686	from which they are derived, may be pledged to pay bonds issued
687	to finance the cost of Authority facilities and to pay refunding
688	bonds and ancillary costs associated with such financings.
689	(2) Except as otherwise provided by this act, security,
690	payment provisions, contracts, terms, and other attributes of
691	bonds issued by the Authority shall be specified by the
692	Authority by initial or amendatory resolution, trust agreement,
693	or other bond documentation.
694	(3) The bonds shall be executed by manual or facsimile
695	signature by the officers the Authority has designated, provided
696	that such bonds bear at least one signature which is manually
697	executed to the extent required by general law. Any coupons
698	attached to the bonds shall bear the facsimile signature or
699	signatures of the officer or officers designated by the
700	Authority. If any member or officer whose manual or facsimile
701	signature appears on any bond or coupon ceases to be a member or
702	an officer before the delivery of the bonds, such signature
703	shall be valid and sufficient for all purposes as if that member
704	or officer had remained in office until delivery. The bonds
705	shall bear the seal of the Authority affixed as provided by
706	resolution.
707	(4) Bonds may be sold either at public or private sale at
708	such price or prices determined by the Authority.
709	(5) Any bonds issued pursuant to this act are negotiable
710	instruments and investment securities under chapter 678, Florida
711	Statutes, as may be amended from time to time.
712	(6) The pledge by the Authority of its revenues to the
713	payment of its bonds by the terms of a resolution or through any
714	deed of trust, indenture, or other agreement creates a valid and
715	binding lien thereon and a prior perfected security interest
716	therein from the time the pledge is made. Any revenues so
717	pledged are immediately subject to a lien of such pledge without
718	any physical delivery thereof or further act, and the lien of
719	any such pledge shall be valid and binding against all parties
720	having claims of any kind against the Authority, irrespective of
721	whether such parties have notice thereof. No resolution, deed of
722	trust, indenture, or other agreement by which a pledge is
723	created need be filed or recorded, except in the records of the
724	Authority, and notice is not required to be given to any obligor
725	of such revenues. No filings under the Florida Uniform
726	Commercial Code are required in order to perfect any pledge
727	granted.
728	(7) No approval of the qualified electors or qualified
729	freeholders of the state or of the county may be required for
730	the issuance of any bonds by the Authority unless such approval
731	is required by the provisions of the Constitution of the State
732	of Florida.
733	(8) Notwithstanding any other provision of law, bonds
734	issued by the Authority are legal investments for banks, savings
735	banks, trustees, executors, all other fiduciaries, and all
736	state, municipal, and other public funds. Any such bonds are
737	securities eligible for deposit for the securing of all state,
738	municipal, and other public funds.
739	Section 10. Bondholder rights and remedies.--
740	(1) The Authority may not do anything that will impair the
741	security of the bondholders of the Authority or violate any
742	agreement with them for their benefit.
743	(2)(a) In addition to any other rights and remedies
744	lawfully granted to bondholders in law, unless otherwise
745	provided by the resolution or resolutions providing for the
746	issuance of bonds, or by any deed of trust, indenture, or other
747	agreement under which the bonds have been issued, holders of 25
748	percent or such other percentage as may be specified in any deed
749	of trust, indenture, or other agreement under which the bonds
750	were issued in the aggregate principal amount of the bonds then
751	outstanding are entitled to appoint a trustee, upon notice as
752	provided in this act and for the purpose provided in this act,
753	if the Authority defaults in the payment of principal or
754	interest for a period of 30 days after either becomes due,
755	whether at maturity or upon call for redemption, or if the
756	Authority fails to comply with the provisions of this act, its
757	resolution or resolutions, or the requirements of any deed of
758	trust, indenture, or other agreement under which the bonds were
759	issued. Any such bondholders must first give written notice of
760	their intention to appoint a trustee to the Authority by
761	certified United States mail addressed to the chairperson of the
762	Authority at the principal office of the Authority and to the
763	holders of all other bonds then outstanding at their addresses
764	shown on the registration books maintained by the Authority or
765	the bond registrar. For purposes of this paragraph, any trustee
766	appointed to serve in that capacity pursuant to a deed of trust,
767	trust agreement, indenture, or other document by which bonds of
768	the Authority have been issued is deemed to have been selected
769	by the holders of bonds issued under that instrument. If more
770	than one trustee is designated, either by two or more written
771	instruments or pursuant to the provisions of this paragraph, the
772	group of bondholders owning the highest percentage of bonds
773	outstanding has the right to designate the single trustee to
774	serve in that capacity for purposes of this act.
775	(b) Unless otherwise provided in any instrument pursuant
776	to which such bonds were issued, any trustee, whether appointed
777	by bondholders in accordance with the provisions of this act or
778	in accordance with the terms of any deed of trust, indenture, or
779	other agreement, may, upon written request of the holders 25
780	percent or such other percentage as may be specified in any deed
781	of trust, indenture, or other agreement under which the bonds
782	were issued in the aggregate principal amount of the bonds then
783	outstanding may, in any court of competent jurisdiction, in his,
784	her, or its own name:
785	1. By mandamus or other suit, action, or proceeding at law
786	or in equity, enforce all rights of the bondholders, including
787	the right to require the Authority to fix, establish, maintain,
788	collect, and charge rates, fees, rentals, and other charges
789	adequate to carry out any agreement as to, or pledge of, the
790	revenues of the Authority, and to require the Authority to carry
791	out any other agreements with or for the benefit of the
792	bondholders, and to perform its and their duties under this act.
793	2. Bring suit upon the bonds.
794	3. By action or suit in equity, require the Authority to
795	account as if it were the trustee of an express trust for the
796	bondholders.
797	4. By action or suit in equity, enjoin any acts or things
798	which may be unlawful or in violation of the rights of the
799	bondholders.
800	5. By written notice given in the same manner as provided
801	by this act to the Authority declare all bonds due and payable
802	and, if all defaults are made good and with the consent of the
803	holders of 25 percent or such other percentage as may be
804	specified in any deed of trust, indenture, or other agreement
805	under which the bonds were issued in the aggregate principal
806	amount of the bonds then outstanding, annul such declaration and
807	its consequences.
808	(3) Unless otherwise provided in any bond resolution, deed
809	of trust, indenture, or other agreement pursuant to which bonds
810	were issued, if a default continues for more than 60 days after
811	written notice to the Authority, any trustee when appointed as
812	aforesaid, or acting under a deed of trust, indenture, or other
813	agreement, and whether or not all bonds have been declared due
814	and payable, upon the happening of any of the events of default
815	specified in this section, shall be entitled as of right to
816	appoint a receiver. The receiver may enter and take possession
817	of any of the Authority facilities for which the Authority is in
818	default as provided herein, or any part or parts thereof and the
819	revenues which are or may be applicable to the payment of the
820	bonds in default and operate and maintain the same, for and on
821	behalf of and in the name of the Authority and the bondholders.
822	The receiver shall collect revenues in the same manner as the
823	Authority might, and shall use and apply such funds in
824	accordance with the applicable bond documents or, if not so
825	specified into a separate account, as directed by the court.
826	(4) Nothing in this section or any other section of this
827	act authorizes any receiver appointed to sell, assign, mortgage,
828	or otherwise dispose of any assets of the Authority. The powers
829	of such receiver are limited to the operation and maintenance of
830	the Authority facilities as the court may direct, in the name of
831	and for and on behalf of the Authority and the bondholders. No
832	holder of bonds or any court or any trustee is empowered by this
833	act to sell, assign, mortgage, or otherwise dispose of any
834	assets of whatever kind or character belonging to the Authority.
835	Section 11. Award of contracts.--
836	(1)(a) Except when done by employees of the Authority or
837	by labor supplied under agreement with the federal, state, or
838	local government or when required by or using the Consultants’
839	Competitive Negotiation Act, all construction, improvements,
840	repairs, or work of any nature done by the Authority, where the
841	entire cost or value exceeds $15,000, shall be done only under
842	contract or contracts entered into by the Authority with the
843	lowest responsive bid from a qualified responsible bidder upon
844	proper terms, after advertisement has been given asking for
845	competitive bids, provided that the Authority may reject any and
846	all bids.
847	(b) Any contract subject to section 255.05, Florida
848	Statutes, as may be amended from time to time, in excess of
849	$15,000 shall not be entered into for construction, improvement,
850	or repair of Authority facilities unless the contractor has
851	sufficient surety or sureties, approved by the Authority, and in
852	an amount fixed by the Authority, for the faithful performance
853	of the contract. Any such contract shall include provisions that
854	the person entering into the contract with the Authority will
855	pay for all materials furnished and services rendered for the
856	performance of the contract and may maintain an action to
857	recover for the same against the obligor in the undertaking, as
858	though such person was named therein, provided the action is
859	brought within 1 year after the time the cause of action
860	accrued. Nothing in this section shall be construed to limit the
861	power of the Authority to construct, repair, or improve
862	Authority facilities or any addition, betterment, or extension
863	thereto, directly by the officers, agents, and employees of the
864	Authority, or otherwise than by contract.
865	(c) All supplies and materials costing in excess of
866	$15,000 shall be purchased only after advertisement. The
867	Authority shall accept the lowest responsive bid from a
868	responsible bidder, kind, quality, and material being equal, but
869	the Authority has the right to reject any or all bids or select
870	a single item from any bid.
871	(d) Except as otherwise provided, the Authority may enter
872	into and carry out such contract, or establish or comply with
873	such rules concerning labor and materials and other related
874	matters in connection with any project, or portion thereof, as
875	the Authority may deem desirable or as may be requested by the
876	Federal Government or state government assisting in the
877	financing of Authority facilities. It is further provided,
878	however, that the provisions of this section shall not apply to
879	any case in which the Authority has taken over by transfer or
880	assignment any contract authorized to be assigned to it under
881	the provisions relating to the transfer of existing facilities
882	to the Authority as provided by this act. This section shall not
883	apply to any contract in connection with the construction of
884	Authority facilities which the Authority has had transferred to
885	it. Furthermore, the provisions of this section shall not apply
886	to any contract or agreement between the Authority and any
887	engineers, architects, attorneys, agents, or other professional
888	services.
889	(2) The Authority may use, as an alternative, the
890	provisions of section 255.20, Florida Statutes, as may be
891	amended from time to time, to satisfy the competitive bidding
892	requirements of this section.
893	(3) The advertisement and bidding requirements of this
894	section do not apply when the Authority purchases goods,
895	supplies, materials, or services through a contract issued by
896	federal, state, or local government if such contract was issued
897	using a competitive process.
898	(4) This section does not apply to the purchase of
899	patented and manufactured products and services offered in a
900	noncompetitive market or solely by a manufacturer's authorized
901	dealer.
902	Section 12. Legal effects.--Any acquisition of property or
903	rights therein for Authority facilities, or for airport
904	protection privileges, including the conveyance and acceptance
905	thereof, and any bonds issued and sold up to and including the
906	effective date of this act are validated.
907	Section 13. Ad valorem tax.--When the Authority prepares
908	its annual budget and finds it necessary to levy an ad valorem
909	tax, it shall adopt a resolution determining the estimated
910	amounts to be expended by the Authority in the ensuing fiscal
911	year, exclusive of the proceeds of any bonds or other
912	obligations of the Authority, for acquiring, establishing,
913	constructing, enlarging, operating, and maintaining Authority
914	facilities or for any other corporate purpose of the Authority,
915	and request the board to levy the tax, not to exceed 1.5 mills
916	per annum, on all the taxable real and personal property in the
917	county for the exclusive use of the Authority and for the
918	purposes provided in this section. The Authority shall submit a
919	certified copy of any such resolution to the board at the same
920	time it submits its annual budget to the clerk. The board has no
921	right or authority to alter either the amount of the levy
922	request or the use of its proceeds or to in any way alter the
923	budget of the Authority. The board shall authorize the levy
924	requested. The Tax Collector of the county shall collect and
925	promptly pay over to the Authority the proceeds of such tax.
926	Section 14. Prohibition on the use of the taxing power of
927	the state.--The Authority has no power to pledge the taxing
928	power of the state, or any political subdivision or agency
929	thereof, nor shall any of the obligations issued by the
930	Authority be deemed to be obligations of the state, or any
931	political subdivision or agency thereof, secured by and payable
932	from the ad valorem taxes thereof. The state, or any political
933	subdivision or any agency thereof, is not liable for the payment
934	of principal of or interest on such obligations, except from the
935	special funds provided for in this act.
936	Section 15. Covenant of the state.--The state pledges and
937	agrees with the Federal Government and any person acquiring any
938	bonds issued by the Authority for the construction, extension,
939	improvement, or enlargement of Authority facilities that the
940	state will not limit or alter the rights vested in the Authority
941	until all bonds at any time issued, together with the interest
942	thereon, are fully paid and discharged. The state further
943	pledges and agrees with the Federal Government that if the
944	Federal Government contributes any funds for the construction,
945	extension, improvement, or enlargement of Authority facilities
946	the state will not alter or limit the rights and powers of the
947	Authority in any manner which would be inconsistent with the
948	continued maintenance, operation, or the improvement of
949	Authority facilities or which would be inconsistent with the due
950	performance of any agreements between the Authority and the
951	Federal Government. The Authority shall continue to have and may
952	exercise all powers granted in this act, so long as the same are
953	necessary or desirable for the carrying out of the purposes of
954	this act and the purposes of the Federal Government in the
955	construction, improvement, maintenance, or enlargement of
956	Authority facilities.
957	Section 16. Exemption from taxation.--Any property owned
958	or otherwise acquired by the Authority is exempt from taxation
959	to the same extent as other property used for public purposes.
960	The effectuation of the authorized purposes of the Authority
961	shall and will be, in all respects, for the benefit of the
962	people of the state and the county for the increase of their
963	commerce and prosperity, and for the improvement of their
964	welfare, health, and living conditions and, since such Authority
965	will be performing essential governmental functions in
966	effectuating such purposes, such Authority is not required to
967	pay any taxes or assessments of any kind or nature whatsoever
968	upon any property required or used by it for such purposes, or
969	any rates, fees, rentals, receipts, or incomes at any time
970	received by it, and the bonds issued by the Authority, their
971	transfer and the income therefrom, including any profits made in
972	the sale thereof, and any security instruments or agreements
973	securing the repayment thereof, are free from taxation of any
974	kind by the state or any political subdivision or taxing agency
975	or instrumentality thereof.
976	Section 17. Discrimination prohibited.--
977	(1)(a) The Authority and its lessees, including successors
978	in interest, shall not because of race, color, sex, religion,
979	national origin, age, handicap, or marital status of any
980	individual refuse to hire, employ, bar, or discharge from
981	employment such individual or to otherwise discriminate against
982	such individual with respect to compensation, hire, tenure,
983	terms, conditions, or privileges of employment.
984	(b) No person on the grounds of race, color, sex,
985	religion, national origin, age, handicap, or marital status
986	shall be excluded from the participation in, denied the benefits
987	of, or otherwise subjected to discrimination in the use of
988	leased premises of the Authority.
989	(c) In furnishing services or materials, or in the
990	construction of any improvements, no person shall be excluded
991	from participation in, denied the benefits of, or otherwise
992	subjected to discrimination with respect thereto.
993	(2) There is no right to apply to the court for relief on
994	account of any order, requirement, decision, determination, or
995	action of the Authority pursuant to this section unless there
996	has been an appeal to the Authority.
997	Section 18. Recodification.--Prior to July 1, 2012, and
998	every 10 years thereafter, The Hillsborough County Legislative
999	Delegation shall review this chapter, and all acts which amend
1000	or otherwise modify this chapter, for the purpose of determining
1001	whether there is a need for recodification of same. If it is
1002	determined that there is such a need, the delegation may require
1003	the Authority to accomplish same, and to prepare or cause to be
1004	prepared such legislation as may be necessary for such purpose
1005	by preparing such legislation.
1006	Section 19. Grammatical usage.--The singular includes the
1007	plural and vice versa, and gender-specific language includes the
1008	other gender and neuter.
1009	Section 20. Severability.--The provisions of this act are
1010	severable, and if any of the provisions hereof shall be held to
1011	be unconstitutional or invalid, such determination shall not
1012	affect the constitutionality or validity of any of the remaining
1013	provisions of this act.
1014	Section 4. Chapters 23339 (1945), 24579 (1947), 27599
1015	(1951), 57-1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-
1016	496, 75-388, 75-398, 75-401, 83-424, and 96-455, Laws of
1017	Florida, are repealed. Such repeal does not affect the
1018	prosecution of any cause of action that accrued before the
1019	effective date of the repeal and does not affect rules,
1020	regulations, policies, actions, and decisions, contracts,
1021	agreements, obligations, and properties of the Authority
1022	existing prior to the effective date of this act. Nothing in
1023	this act is intended, nor shall any provision hereof be
1024	construed so as to repeal, abrogate, impair, or adversely affect
1025	the rights and remedies of the holders of any obligations of the
1026	Authority issued pursuant to the existing acts or any other
1027	applicable provision of law.
1028	Section 5. This act shall take effect upon becoming a law.