|
|
|
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. |