Bill Text: ENROLLED HB 1383

ENROLLED HB 1383

2003 Legislature

A bill to be entitled

An act relating to the Hillsborough County Aviation

Authority; codifying, reenacting, and amending the

Authority's special acts; removing gender specific

language; providing a short title; providing that the act

is a reviser; deleting provisions which have expired, have

had their effect, have served their purpose, or have been

impliedly repealed or superseded; replacing incorrect

cross references and citations; correcting grammatical,

typographical, and like errors; removing inconsistencies

and redundancies; improving clarity and facilitating

correct interpretation; providing for compliance with

federal law in the expenditure of federal moneys;

providing for the rights of employees; providing the act

is an additional, alternative, and complete method for the

exercise of powers by the Authority; providing a

declaration of findings relating to Authority facilities

and concessions; providing definitions; providing the

purpose of the Authority; providing for members of the

Authority, their procedures, and for removal; providing

mandatory and discretionary powers and adding

discretionary powers which are standard business practices

of independent special districts not previously

enumerated; providing for alcoholic beverage licenses

owned by the Authority and for others operating on

Authority property; providing for county and municipal

powers and responsibilities and for private ownership

transfers; providing for bonds and clarifying that terms

of the bonds may be contained in bond documents; providing

for bondholder rights and clarifying that bondholder

rights may be contained in bond documents; providing for

the award of contracts; providing for the legal effects of

the acquisition of property or rights therein and for the

sale of bonds; providing for an ad valorem tax;

prohibiting the use of the taxing power of the state;

providing for a covenant of the state; providing for an

exemption from taxation; prohibiting discriminatory

practices; providing for recodification; providing for

grammatical usage; providing for severability; repealing

chapters 23339 (1945), 24579 (1947), 27599 (1951), 57-

1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-496,

75-388, 75-398, 75-401, 83-424, and 96-455, Laws of

Florida, relating to the Authority; providing a savings

clause; providing an effective date.

Be It Enacted by the Legislature of the state of Florida:

Section 1. Pursuant to section 189.429, Florida Statutes,

this act constitutes the codification of all special acts

relating to the Hillsborough County Aviation Authority. It is

the intent of the Legislature in enacting this law to provide a

single, comprehensive special act charter for the Authority,

including all current legislative authority granted to the

Authority by its several legislative enactments and any

additional authority granted by this act.

Section 2. Chapters 23339 (1945), 24579 (1947), 27599

(1951), 57-1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-

496, 75-388, 75-398, 75-401, 83-424, and 96-455, Laws of

Florida, relating to the Hillsborough County Aviation Authority,

are codified, reenacted, amended, and repealed as herein

provided.

Section 3. The charter for the Hillsborough County

Aviation Authority is re-created and reenacted to read:

Section 1. Short title.-- This act shall be known as the

"Hillsborough County Aviation Authority Act."

Section 2. General Provisions.--

(1) It is the intent of the Legislature that this act

supersede chapter 23339 (1945), 24579 (1947), 27599 (1951), 57-

1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-496, 75-

388, 75-398, 75-401, 83-424, and 96-455, Laws of Florida,

relating to the Hillsborough County Aviation Authority, and is a

codification, a compilation of previously existing legislation

relating to the Authority.

(2) The codification is also to act as a reviser's bill,

deleting provisions which have expired, have had their effect,

have served their purpose, or have been impliedly repealed or

superseded; replacing incorrect cross references and citations,

correcting grammatical, typographical, and like errors; removing

inconsistencies and redundancies; and improving clarity and

facilitating correct interpretation. It is the intent of the

Legislature to define frequently used terms and to reflect

standard business practices required for an independent special

district to conduct its business which have not been previously

enumerated.

(3) The Authority shall comply with federal law regarding

expenditure of federal moneys.

(4) This act shall not be construed as impairing or

infringing upon any rights, privileges, or benefits enjoyed by

any employee of the Authority who is so employed on the

effective date of this act.

(5) The members and employees of the Authority shall

comply with part III of chapter 112, Florida Statutes, as may be

amended from time to time.

(6) This act provides an additional, alternative, and

complete method for the exercise of the powers granted and

authorized by this act and shall be regarded as supplemental to

powers conferred by other laws and shall not be regarded as a

derogation of any powers now existing.

(7) Regarding the airport facilities and concessions, the

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Legislature finds and declares:

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(a) The proper operation of the publicly owned or operated

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airports in the county is essential to the welfare of the people

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of the Tampa Bay area, the state, and its people.

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(b) The publicly owned or operated airports in the county

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establish a vital transportation link between the state and the

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economic systems of the nation and the world and enable the

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state to enjoy and provide the benefits of an international

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tourist and commercial center.

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owned or operated airports in the county is a matter of

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statewide importance.

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(d) The policy of this state is to promote the development

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of commerce and tourism to secure to the people of this state

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the benefits of those activities conducted in the state.

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(e) The proper operation of the publicly owned or operated

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airports in the county is essential to the welfare of the state

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and its people, and the Legislature recognizes and affirms such

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operation as a governmental function to be discharged in

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furtherance of the policy of securing the benefits of commerce

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and tourism for the state and its people.

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(f) The Authority shall manage airport facilities and

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grant airport concessions to further the development of commerce

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and tourism in or affecting the Tampa Bay area and the state.

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In managing its facilities and granting concessions for services

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to the public, the Authority shall promote the development of

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commerce and tourism by:

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1. Securing a diversity of airport services.

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2. Avoiding wasteful duplication of such services.

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3. Securing to the users of airports safe, courteous, and

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quality service.

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4. Limiting or prohibiting business competition which is

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destructive to the ends of promoting commerce and tourism in the

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state.

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5. Allocating limited airport resources to promote such

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ends.

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6. Fostering Florida's image as a commercial and tourist

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center.

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Section 3. Definitions.--As used in this act, unless

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otherwise specifically defined or unless another intention

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clearly appears:

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(1) "Advertisement" means a notice published at least once

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a week for 2 consecutive weeks in at least two newspapers of

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general circulation in the county, as defined in general law,

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selected by the Authority.

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(2) "Air navigation" means the operation or navigation of

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aircraft in the air space over the county or upon any airport or

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restricted landing area within the county.

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(3) "Air navigation facility" means any facility used in,

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available for use in, or designed for use in aid of air

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navigation, including airports, restricted landing areas, and

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any structures, mechanisms, lights, beacons, marks,

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communicating systems, or other instrumentalities or devices

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used or useful as an aid or constituting an advantage or

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convenience to the safe taking off, navigation, and landing of

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aircraft or the safe and efficient operation or maintenance of

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an airport or restricted landing area, and any combination of

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any or all of such facilities.

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(4) "Airport" means any area of land or water which is

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designed for the landing and taking off of aircraft, whether or

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not facilities are provided for the shelter, servicing, or

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repair of aircraft or for receiving, servicing, and discharging

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passengers or cargo, all appurtenant areas used or suitable for

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airport buildings or other airport facilities, and all

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appurtenant rights-of-way.

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(5) "Airports and other aviation facilities and facilities

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related thereto and any portion thereof" means and includes

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airports, buildings, structures, terminal buildings, parking

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garages and lots, space, hangars, lands, warehouses, shops,

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hotels, other aviation facilities of any kind or nature, or any

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other facilities of any kind or nature related to or connected

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with said airports and other aviation facilities which the

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Authority is authorized by law to construct, acquire, own,

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lease, or operate, together with all fixtures, equipment, and

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property, real or personal, tangible or intangible, necessary,

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appurtenant, or incidental thereto.

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(6) "Airport purposes" means and includes airport,

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restricted landing area, and other air navigation facility

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purposes.

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(7) "Authority" means the Hillsborough County Aviation

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Authority.

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(8) "Authority facility" means an airport, airports and

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other aviation facilities and facilities related thereto and any

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portion thereof, air navigation facilities, and special purpose

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facilities and any portion thereof.

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(9) "Board" means the Board of County Commissioners of

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Hillsborough County.

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(10) "Bond" means notes, bonds, certificates, refunding

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bonds, and other obligations.

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(11) "Clerk" means Clerk of the Court of Hillsborough

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County.

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(12) "County" means the County of Hillsborough.

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(13) "Division" means the Florida Department of Business

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and Professional Regulation, Division of Alcoholic Beverages and

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Tobacco or any successor agency.

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(14) "Federal" or "Federal Government" means the United

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States government, the President of the United States, and any

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department, corporation, commission, agency, or other

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instrumentality thereof.

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(15) "Governor" means the Governor of the State of

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Florida.

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(16) "Instrument" means a formal or legal document in

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writing, such as a contract, deed, bond, lease, or mortgage.

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(17) "Members" means the governing body of the Authority,

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and the term "member" means one of the individuals constituting

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such governing body.

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(18) "Municipality" means a municipality created pursuant

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to general or special law authorized or recognized pursuant to

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s. 2 or s. 6, Art. VIII of the State Constitution and located in

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the county.

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(19) "Officer of the Authority" means a member who has

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been elected by the other members to serve as the Chairperson,

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Vice Chairperson, Secretary, Treasurer, or Assistant Secretary

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and Treasurer.

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(20) "Person" means any individual, firm, partnership,

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corporation, company, association, joint stock association, or

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body politic and includes any trustee, receiver, assignee, or

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other similar representative thereof.

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(21) "Policy" means a general principle adopted by the

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members and by which the Authority conducts its internal

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governance.

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(22) "Regulation" means the same as "rule" as defined by

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this act and may be used interchangeably with the word "rule."

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(23) "Resolution" means a formal, written expression of an

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action adopted by the members.

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(24) "Revenues" means rates, fees, grants, receipts,

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charges, and other moneys acquired through all sources by the

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Authority and interest income thereon.

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(25) "Rule" means each statement of general applicability

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adopted by the members that implements, interprets, or

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prescribes law or policy or describes the procedure or practice

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requirements of the Authority and includes any form which

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imposes any requirement or solicits any information not

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specifically required by statute or by an existing rule and may

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be used interchangeably with the word "regulation."

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(26) "Special purpose facilities and any portion thereof"

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means facilities related to or to be used in connection with the

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airports and other aviation facilities of the Authority and

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located on lands at or adjacent to the airports and other

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aviation facilities under the control, management, and

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jurisdiction of the Authority and includes all property,

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structures, rights, easements, and franchises relating thereto

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and deemed necessary or convenient therefor.

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(27) "Standard procedure" means the method and manner

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established or approved by the executive director or a designee

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of the executive director that implements policy for the day-to-

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day management of the Authority's operations.

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(28) "State government" means the government of the State

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of Florida, the Governor, and any department, commission,

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corporation, agency, or other instrumentality thereof.

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(29) "Surplus fund" means an unrestricted fund established

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by the Authority into which certain revenues of the Authority

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may be deposited on a monthly or more frequent basis after

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payment, or provision for payment, of all current expenses

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pursuant to its then-applicable budget and after all deposits

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have been made as required under its indentures, trust

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agreements, and other contracts.

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(30) "TIA" means Tampa International Airport.

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Section 4. Creation; purpose.--

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(1) The Hillsborough County Aviation Authority is created,

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and the powers granted by this act are declared to be public and

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governmental functions, exercised for public purposes, and are

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matters of public necessity. Lands and other real and personal

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property, easements, and privileges acquired and used by the

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Authority are declared to have been acquired for and used for

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public and governmental purposes and as a matter of public

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necessity. The Authority is a public body corporate and is an

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independent special district.

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(2) The Authority has exclusive jurisdiction, control,

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supervision, and management over all airports in the county and

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each municipality, except any airport owned, controlled, and

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operated by a private person. Said jurisdiction, control,

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supervision, and management are in the best interest of the

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county and each municipality.

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Section 5. Membership.--

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(1) The Authority shall consist of five members: one

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member who is the Mayor of the City of Tampa, ex officio; one

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member who is a member of and selected by the Board, ex officio;

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and three members who are appointed by the Governor. No member

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shall receive any compensation for services as a member. Each

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member appointed by the Governor shall be appointed for a term

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of 4 years. The Board shall appoint one of its members annually

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at the time of its organizational session who shall serve until

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its next annual appointment, provided that he or she continues

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to serve as a county commissioner during that time. Each member

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shall qualify by taking an oath to faithfully perform the duties

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of the office, and the oath shall be filed with the clerk. To be

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eligible for appointment as a member of the Authority by the

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Governor, the person appointed must be a resident and citizen of

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the county and may not be employed by or be an elected official

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of the county or municipality. Each member may continue to serve

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until a successor has been commissioned.

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(2) A majority of the members constitutes a quorum.

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(3) The Governor has the power to remove any member for

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good cause. Within 15 days after any vacancy occurs a successor

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shall be appointed in the same manner as that member for which a

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vacancy has occurred and shall serve for the unexpired term of

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his or her predecessor.

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Section 6. Powers.--

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(1) The Authority has the power to and shall:

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(a) Elect officers as follows: one member as Chairperson,

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one member as Vice Chairperson, one member as Secretary, one

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member as Treasurer, and one member as Assistant Secretary and

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Assistant Treasurer, each of whom shall hold office for 2 years

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with new elections being held after any gubernatorial appointee

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has been commissioned.

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(b) Approve, file with the clerk, and pay any surety bond

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required of any member and any employee of the Authority.

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airports in the county and each municipality, except any airport

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owned, controlled, or operated by a private person.

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(d) Advertise for sealed bids when required by law;

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provided, however, the Authority may reject all bids and

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readvertise or select a single item from any bid as further

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provided in this act.

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(e) Adopt before October 1 an annual budget which has been

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prepared by the executive director and which must include an

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estimate of all revenues and anticipated expenditures for the

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following fiscal year.

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(f) Require in all bond documents that moneys derived from

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such bonds be paid to or upon order of the Authority.

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(g) Have the Authority's finances audited in the same

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manner as other independent special districts are audited.

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(2) The Authority has the power to and may:

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(a) Rely on the provisions of this act, without reference

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to other laws, in exercising its powers.

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(b) Establish and maintain such airports in, over, and

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upon any public waters of this state within the limits of

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jurisdiction of, or bordering on any municipality, any submerged

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land under such public waters, and any artificial or reclaimed

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land which, before the artificial making or reclamation thereof,

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constituted a portion of the submerged land under such public

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waters.

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floats, causeways, roadways, bridges for approach to or

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connecting with the airport, and land floats and breakwaters for

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the protection of any such airport.

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(d) Require the Treasurer and other officers or employees

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of the Authority to execute an adequate surety bond, conditioned

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upon the faithful performance of the duties of the office or

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employment and in a penal sum fixed by the Authority.

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(e) Establish positions, duties, and a pay plan, and

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employ, pay, provide benefits for, promote, discipline, and

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terminate personnel, including law enforcement officers with

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full police powers and an Executive Director, formerly known as

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the Director of Aviation, who shall be responsible for the day-

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to-day administration, management, and operation of the

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Authority in accordance with policy established by the members

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and perform other duties as may be authorized by the members.

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(f) By policy or resolution, authorize the Executive

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Director to perform any of the powers of the Authority in whole

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or in part and with whatever other limitations it may find

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appropriate, provided that said authorization does not result in

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an invalid exercise of delegated legislative authority as

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defined in general law.

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(g) Employ or contract with technical and professional

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experts necessary to assist the Authority in carrying out or

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exercising any powers granted by this act.

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(h) Reimburse for all travel expenses incurred while on

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business for the Authority, upon requisition, any member, its

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attorneys, the Executive Director, and any employee of the

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Authority traveling under the direction of the Executive

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Director or the Executive Director's designee in accordance with

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the Authority's policies.

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(i) Create, appoint, and prescribe the duties of any

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committee.

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(j) Sue and be sued.

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(k) Adopt, use, and alter a corporate seal.

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(l) Publish advertisements.

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(m) Waive advertisement when the Authority determines an

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emergency exists and supplies and materials must be immediately

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acquired by the Authority.

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(n) Negotiate and enter into contracts, agreements,

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exclusive or limited agreements, and cooperation agreements of

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any kind necessary for the Authority to fulfill the purposes of

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this act.

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(o) Include contract specifications maximizing the

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employment of persons whose protected group has been

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underutilized in the past.

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(p) Enter into exclusive or limited agreements with a

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single operator or a limited number of operators. The Authority

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shall grant exclusive or limited agreements to displace business

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competition by rule or policy whenever the Authority determines,

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in consideration of the factors set forth below, that any such

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agreement is necessary to further the purposes of this act.

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Before entering into any exclusive or limited agreement, the

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Authority shall, under authority expressly delegated by the

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state, determine the necessity for such an exclusive or limited

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agreement to further the policies and objectives stated in this

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act, which include public safety, public convenience, quality of

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service, the need to conserve airport space, the need to avoid

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duplication of services, the impact on the environment or

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facilities of the airport as an essential commercial and tourist

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service center, and the need to avoid destructive competition

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which may impair the quality of airport services to the public,

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lead to uncertainty, disruption, or instability in the rendering

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of such services, or detract from the Tampa Bay area and the

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state's attractiveness as a center of tourism and commerce. In

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making its determination, the Authority shall take evidence or

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make findings of fact and establish such policies it deems

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necessary. Nothing in this paragraph shall excuse the Authority

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from complying with applicable state or local requirements for

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competitive bidding or public hearings which may be required

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prior to awarding or entering into any contract or other

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agreement.

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(q) Provide for the manual execution of any instrument on

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behalf of the Authority by the signature of the Chairperson or

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Vice Chairperson, and attested to by the Secretary or the

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Assistant Secretary or, if delegated by the members to do so,

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the Executive Director or any other Authority personnel to whom

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authority has been delegated, or by their facsimile signature in

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accordance with the Uniform Facsimile Signature of Public

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Officials Act.

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(r) Purchase and sell equipment, supplies, and services

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required for its purposes.

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(s) Sell, lease, transfer, dispose of, or grant a lesser

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interest in any of its properties.

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(t) Dispose of tangible personal property in accordance

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with chapter 274, Florida Statutes, as may be amended from time

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to time.

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(u) Grant concessions.

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(v) Advertise, promote, and encourage the use and

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expansion of facilities under its jurisdiction.

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(w) Enact airport zoning regulations in accordance with

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chapter 333, Florida Statutes, as may be amended from time to

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time, to ensure the safe operation of airports under its

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jurisdiction; however, any such airport zoning regulations may

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not affect the zoning use regulations imposed by the county or

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any municipality.

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(x) Issue a written permit, before the county or any

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municipality issues a building permit and upon request of the

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affected local government in accordance with the provisions of

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this act, that any construction proposed on land affected by

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airport zoning regulations conforms to airport zoning

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regulations.

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(y) Acquire, own, construct, install, maintain, and

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operate Authority facilities by purchase, gift, devise, lease,

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or any other means, including by eminent domain in accordance

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with chapters 73 and 74, Florida Statutes, as may be amended

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from time to time. For the purposes of making surveys and

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examinations relative to any condemnation proceedings, the

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Authority may lawfully enter upon any land, doing no unnecessary

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damage. The Authority may take possession of property to be

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acquired by condemnation at any time after the filing of the

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petition describing the same in condemnation proceedings as

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provided in general law. The Authority is not precluded from

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abandoning the condemnation of any such property in any case

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where possession has not been taken.

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(z) Reimburse the owner of any structure for which the

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Authority may require removal, relocation, or reconstruction

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located in, on, under, or across any private property, public

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street, highway, or other public or private places for the

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estimated or actual expense of the removal, relocation, or

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reconstruction.

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(aa) Supplement and coordinate in design and operation air

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navigation facilities with those established and operated by the

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federal and state governments.

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(bb) Request the county or any municipality to convey to

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the Authority the fee simple title to any airport or other

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property owned by the county or any municipality and needed for

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airport purposes.

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(cc) Relinquish jurisdiction, control, supervision, and

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management over any airport or part of any airport which is

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under its jurisdiction but which is owned by a municipality,

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county, or other governmental agency, upon determining that any

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such airport or part of any such airport is no longer required

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for airport purposes; provided, however, that the consent and

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approval of any revenue bondholders is first obtained and

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necessary authorizations or approvals are received from federal

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agencies regulating airports.

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(dd) Expend revenues for the cost of investigating,

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surveying, planning, acquiring, establishing, constructing,

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enlarging, improving, equipping, and erecting Authority

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facilities by appropriation of revenues or wholly or partly from

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the proceeds of bonds of the Authority. The term "cost" includes

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awards in condemnation proceedings, rentals where an acquisition

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is by lease, and amounts paid to utility companies for

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relocation of their wires, poles, and other facilities.

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(ee) Incur expenses as provided in its annual budget and

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any amended budget.

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(ff) Assess against and collect from the owner or operator

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of each airplane using any Authority facility a landing fee or

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service charge sufficient to cover the cost of the service

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furnished to airplanes using any such facility, which cost may

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include the liquidation of bonds or other indebtedness for

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construction and improvement.

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(gg) Accept federal, state, and any other public or

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private moneys, grants, contributions, or loans for the

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acquisition, construction, enlargement, improvement,

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maintenance, equipment, or operation of Authority facilities, or

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any other lawful purpose.

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(hh) Fix, alter, charge, establish, and collect rates,

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fees, rentals, and other charges for the services of Authority

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facilities at reasonable and uniform rates.

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(ii) Adopt a resolution as may be required to levy an ad

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valorem tax and submit it to the board.

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(jj) Apply for, hold, and periodically transfer alcoholic

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beverage licenses as provided by this act.

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(kk) Adopt and amend rules, regulations, and policies

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reasonably necessary for the implementation of this act.

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(ll) By resolution, fix and enforce penalties for the

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violation of this act or a rule, regulation, or policy adopted

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in accordance with this act.

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(mm) Amend the budget after its adoption.

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(nn) Receive, deposit, secure, and pay out moneys as

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provided by this act.

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(oo) Designate a depository or depositories which is

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qualified as a public depository pursuant to section 280.04,

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Florida Statutes, as may be amended from time to time, and

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thereafter establish and open an account or accounts into which

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revenues collected are to be deposited and from which

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expenditures may be made.

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(pp) Establish and deposit into and expend moneys from a

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surplus fund by using funds other than those derived from ad

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valorem taxation, that may remain unexpended at the end of the

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fiscal year and may be set aside in a separate fund to be known

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as the Capital Improvement Fund and accumulated and expended

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from year to year solely for the purpose of building and

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constructing permanent improvements, replacements, alterations,

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buildings, and other structures, including runways, taxi strips,

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and aprons.

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(qq) By resolution, borrow money and issue bonds in the

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manner and within the limitation, except as otherwise provided

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in this act, prescribed by general law for the issuance and

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authorization of bonds; however, any bonds issued by the

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Authority shall have a maturity date not exceeding 40 years from

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the date of issuance, shall be self-liquidating or otherwise

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payable from revenues of the Authority, shall be payable

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semiannually, and shall not be a lien against the general taxing

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powers of the county or any municipality.

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(rr) Enter into any deeds of trust, indentures, or other

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agreements with any bank or trust company as security for its

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bonds, and assign and pledge any or all of its revenues. Such

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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

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

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

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

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

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.