HB 1833 2003
   
1 A bill to be entitled
2          An act relating to airport transportation facilities;
3    creating s. 332.14, F.S.; creating the "Secure Airports
4    for Florida's Economy Act" or "SAFE Act"; creating the
5    SAFE Council to recommend transportation facility projects
6    to the Legislature; providing for membership,
7    organization, and staff support; providing for a master
8    plan of goals and objectives and specific project
9    recommendations; providing for annual plan updates and
10    submission of plan; providing for project review by the
11    Department of Transportation, the Department of Community
12    Affairs, and the Office of Tourism, Trade, and Economic
13    Development; providing criteria for such reviews;
14    providing for certain costs and expenditure of described
15    funds; providing for joint participation agreements to be
16    executed by the airport and the Department of
17    Transportation for projects; requiring monitoring;
18    providing an effective date.
19         
20          Be It Enacted by the Legislature of the State of Florida:
21         
22          Section 1. Section 332.14, Florida Statutes, is created to
23    read:
24          332.14 Secure Airports for Florida's Economy Council.--
25          (1) This section shall be known by the popular name the
26    "Secure Airports for Florida's Economy Act" or the "SAFE Act."
27          (2) The Secure Airports for Florida's Economy (SAFE)
28    Council is created within the Department of Transportation. The
29    council shall consist of the following 25 members:
30          (a) The airport director, or his or her designee, of each
31    of the following airports:
32          1. Daytona Beach International Airport.
33          2. Ft. Lauderdale-Hollywood International Airport.
34          3. Gainesville Regional Airport.
35          4. Jacksonville International Airport.
36          5. Key West International Airport.
37          6. Melbourne International Airport.
38          7. Miami International Airport.
39          8. Naples Municipal Airport.
40          9. Okaloosa County Regional Airport.
41          10. Orlando International Airport.
42          11. Orlando-Sanford International Airport.
43          12. Palm Beach County International Airport.
44          13. Panama City-Bay County International Airport.
45          14. Pensacola Regional Airport.
46          15. Sarasota-Bradenton International Airport.
47          16. Southwest Florida International Airport.
48          17. St. Petersburg-Clearwater International Airport.
49          18. Tallahassee Regional Airport.
50          19. Tampa International Airport.
51          (b) The executive directors of two general aviation
52    airports appointed by the Florida Airports Council.
53          (c) The secretary of the Department of Transportation or
54    his or her designee.
55          (d) The director of the Office of Tourism, Trade, and
56    Economic Development or his or her designee.
57          (e) The secretary of the Department of Community Affairs
58    or his or her designee.
59          (f) A representative of the airline industry appointed by
60    the Air Transport Association.
61          (3) Members of the council shall serve without
62    compensation but are entitled to receive reimbursement for per
63    diem and travel expenses as provided in s. 112.061. The council
64    may elect to hire an administrative staff to provide services to
65    the council on matters relating to the SAFE Act and the council.
66          (4) The council shall adopt bylaws governing the manner in
67    which the business of the council will be conducted. The bylaws
68    shall specify the procedure by which the chair of the council is
69    elected. The council shall meet at the call of its chair, at the
70    request of a majority of its membership, or at such times as may
71    be prescribed in its bylaws. However, the council must meet at
72    least twice a year. All members of the council are voting
73    members. A majority of voting members of the council constitutes
74    a quorum for the purpose of transacting the business of the
75    council. A vote of the majority of the members present is
76    sufficient for any action of the council, except that a member
77    representing the Department of Transportation, the Department of
78    Community Affairs, or the Office of Tourism, Trade, and Economic
79    Development may vote to overrule any action of the council
80    approving a project pursuant to paragraph (7)(a). The bylaws of
81    the council may require a greater vote for a particular action.
82          (5)(a) The council shall prepare a 5-year SAFE Master Plan
83    defining the goals and objectives of the council concerning the
84    development of airport facilities and an intermodal
85    transportation system consistent with the goals of the Florida
86    Transportation Plan developed pursuant to s. 339.155. The SAFE
87    Master Plan shall include specific recommendations for:
88          1. The acquisition and construction of transportation
89    facilities connecting any airport to another transportation
90    mode.
91          2. The acquisition and construction of transportation
92    facilities or airport facilities for the purpose of protecting
93    the safety and security of passengers and cargo, enhancing
94    international trade, promoting cargo flow, increasing
95    enplanements, increasing airport revenues, and providing
96    economic benefits to the state.
97          (b) The council shall update the 5-year SAFE Master Plan
98    annually and shall submit the plan, no later than February 1 of
99    each year, to the President of the Senate, the Speaker of the
100    House of Representatives, the Department of Transportation, the
101    Department of Community Affairs, and the Office of Tourism,
102    Trade, and Economic Development.
103          (6) The council shall develop programs, based on an
104    examination of existing programs in Florida and other states,
105    for the training of minorities and secondary school students in
106    job skills associated with employment opportunities in the
107    aviation industry. Annually, the council shall report on the
108    progress of these programs and make recommendations for further
109    action to the President of the Senate and the Speaker of the
110    House of Representatives.
111          (7) The SAFE council may utilize, as appropriate and with
112    legislative spending authorization, any federal, state, and
113    local government contributions as well as private donations to
114    fund SAFE Master Plan projects.
115          (a) The council shall adopt rules for evaluating projects
116    which may be funded under this act. The rules shall provide
117    criteria for evaluating the economic benefit of the project,
118    measured by the potential for the proposed project to maintain
119    or increase airport security, enplanements, cargo flow,
120    international commerce, airport revenues, and the number of jobs
121    for the airport's local community.
122          (b) The council shall review and approve or disapprove
123    each project eligible to be funded pursuant to this act. The
124    council shall annually submit a list of projects which have been
125    approved by the council to the Secretary of Transportation, the
126    Secretary of Community Affairs, and the director of the Office
127    of Tourism, Trade, and Economic Development. The list shall
128    specify the recommended funding level for each project, and, if
129    staged implementation of the project is appropriate, the funding
130    requirements for each stage shall be specified.
131          1. The Department of Community Affairs shall review the
132    list of projects approved by the council to determine
133    consistency with approved local government comprehensive plans
134    of the units of local government in which the airport is located
135    and consistency with the airport master plan. The Department of
136    Community Affairs shall identify and notify the council of those
137    projects which are not consistent, to the maximum extent
138    feasible, with such comprehensive plans and airport master
139    plans.
140          2. The Department of Transportation shall review the list
141    of projects approved by the council for consistency with the
142    Florida Transportation Plan and the department's adopted work
143    program. In evaluating the consistency of a project, the
144    department shall determine whether the transportation impact of
145    the proposed project is adequately handled by existing state-
146    owned transportation facilities or by the construction of
147    additional state-owned transportation facilities as identified
148    in the Florida Transportation Plan and the department's adopted
149    work program. In reviewing for consistency a transportation
150    facility project as defined in s. 334.03(31) which is not
151    otherwise part of the department's work program, the department
152    shall evaluate whether the project is needed to provide for
153    projected movement of cargo or passengers from the airport to a
154    state transportation facility or local road. If the project is
155    needed to provide for projected movement of cargo or passengers,
156    the project shall be approved for consistency as a consideration
157    to facilitate the economic development and growth of the state
158    in a timely manner. The department shall identify those projects
159    which are inconsistent with the Florida Transportation Plan and
160    the adopted work program and shall notify the council of
161    projects found to be inconsistent.
162          3. The Office of Tourism, Trade, and Economic Development,
163    in consultation with Enterprise Florida, Inc., shall review the
164    list of projects approved by the council to evaluate the
165    economic benefit of the project and to determine whether the
166    project is consistent with the SAFE Master Plan. The Office of
167    Tourism, Trade, and Economic Development shall review the
168    economic benefits of each project based upon the rules adopted
169    pursuant to paragraph (a). The Office of Tourism, Trade, and
170    Economic Development shall identify those projects which it has
171    determined do not offer an economic benefit to the state or are
172    not consistent with the SAFE Master Plan and shall notify the
173    council of its findings.
174          (8) The council shall review the findings of the
175    Department of Community Affairs, the Department of
176    Transportation, and the Office of Tourism, Trade, and Economic
177    Development. Projects found to be inconsistent by the review
178    process under subparagraphs (7)(b)1.-3. and projects which have
179    been determined not to offer an economic benefit to the state by
180    the review process under subparagraph (7)(b)3. shall be removed
181    from the list of projects to be funded.
182          (9) The cost for administrative services of the council
183    shall be paid by all airports that receive funding under the
184    SAFE Act, based upon a pro rata formula measured by each
185    recipient's share of the funds as compared to the total funds
186    disbursed to all recipients during the year. The share of costs
187    for administrative services shall be paid in its total amount by
188    the recipient airport upon execution by the airport and the
189    Department of Transportation of a joint participation agreement
190    for each council-approved project, and such payment is in
191    addition to the matching funds required to be paid by the
192    recipient airport.
193          (10) Except as otherwise exempted by law, all moneys
194    derived from the SAFE programs shall be expended in accordance
195    with the provisions of s. 287.057. Airports subject to
196    competitive negotiation requirements of a local governing body
197    are exempt from this requirement.
198          (11) Project funding expended pursuant to this act shall
199    be monitored for compliance with all applicable laws.
200          Section 2. This act shall take effect upon becoming a law.