ENROLLED 2003 Legislature
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 27 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) The Executive Director of the Department of Law
60	Enforcement or his or her designee.
61	(g) A representative of the airline industry appointed by
62	the Air Transport Association.
63	(h) A representative of the general aviation industry
64	appointed by the Florida Aviation Trades Association.
65	(3) Members of the council shall serve without
66	compensation but are entitled to receive reimbursement for per
67	diem and travel expenses as provided in s. 112.061. The council
68	may elect to hire an administrative staff to provide services to
69	the council on matters relating to the SAFE Act and the council.
70	(4) The council shall adopt bylaws governing the manner in
71	which the business of the council will be conducted. The bylaws
72	shall specify the procedure by which the chair of the council is
73	elected. The council shall meet at the call of its chair, at the
74	request of a majority of its membership, or at such times as may
75	be prescribed in its bylaws. However, the council must meet at
76	least twice a year. All members of the council are voting
77	members. A majority of voting members of the council constitutes
78	a quorum for the purpose of transacting the business of the
79	council. A vote of the majority of the members present is
80	sufficient for any action of the council, except that a member
81	representing the Department of Transportation, the Department of
82	Community Affairs, the Department of Law Enforcement, or the
83	Office of Tourism, Trade, and Economic Development may vote to
84	overrule any action of the council approving a project pursuant
85	to paragraph (7)(a). The bylaws of the council may require a
86	greater vote for a particular action.
87	(5)(a) The council shall prepare a 5-year SAFE Master Plan
88	defining the goals and objectives of the council concerning the
89	development of airport facilities and an intermodal
90	transportation system consistent with the goals of the Florida
91	Transportation Plan developed pursuant to s. 339.155. The SAFE
92	Master Plan shall include specific recommendations for:
93	1. The acquisition and construction of transportation
94	facilities connecting any airport to another transportation
95	mode.
96	2. The acquisition and construction of transportation
97	facilities or airport facilities for the purpose of protecting
98	the safety and security of passengers and cargo, enhancing
99	international trade, promoting cargo flow, increasing
100	enplanements, increasing airport revenues, and providing
101	economic benefits to the state.
102	(b) The council shall update the 5-year SAFE Master Plan
103	annually and shall submit the plan, no later than February 1 of
104	each year, to the President of the Senate, the Speaker of the
105	House of Representatives, the Department of Transportation, the
106	Department of Community Affairs, the Department of Law
107	Enforcement, and the Office of Tourism, Trade, and Economic
108	Development.
109	(6) The council shall develop programs, based on an
110	examination of existing programs in Florida and other states,
111	for the training of minorities and secondary school students in
112	job skills associated with employment opportunities in the
113	aviation industry. Annually, the council shall report on the
114	progress of these programs and make recommendations for further
115	action to the President of the Senate and the Speaker of the
116	House of Representatives.
117	(7) The SAFE council may utilize, as appropriate and with
118	legislative spending authorization, any federal, state, and
119	local government contributions as well as private donations to
120	fund SAFE Master Plan projects.
121	(a) The council shall adopt rules for evaluating projects
122	which may be funded under this act. The rules shall provide
123	criteria for evaluating the economic benefit of the project,
124	measured by the potential for the proposed project to maintain
125	or increase airport security, enplanements, cargo flow,
126	international commerce, airport revenues, and the number of jobs
127	for the airport's local community.
128	(b) The council shall review and approve or disapprove
129	each project eligible to be funded pursuant to this act. The
130	council shall annually submit a list of projects which have been
131	approved by the council to the Secretary of Transportation, the
132	Secretary of Community Affairs, the Executive Director of the
133	Department of Law Enforcement, and the director of the Office of
134	Tourism, Trade, and Economic Development. The list shall specify
135	the recommended funding level for each project, and, if staged
136	implementation of the project is appropriate, the funding
137	requirements for each stage shall be specified.
138	1. The Department of Community Affairs shall review the
139	list of projects approved by the council to determine
140	consistency with approved local government comprehensive plans
141	of the units of local government in which the airport is located
142	and consistency with the airport master plan. The Department of
143	Community Affairs shall identify and notify the council of those
144	projects which are not consistent, to the maximum extent
145	feasible, with such comprehensive plans and airport master
146	plans.
147	2. The Department of Transportation shall review the list
148	of projects approved by the council for consistency with the
149	Florida Transportation Plan and the department's adopted work
150	program. In evaluating the consistency of a project, the
151	department shall determine whether the transportation impact of
152	the proposed project is adequately handled by existing state-
153	owned transportation facilities or by the construction of
154	additional state-owned transportation facilities as identified
155	in the Florida Transportation Plan and the department's adopted
156	work program. In reviewing for consistency a transportation
157	facility project as defined in s. 334.03(31) which is not
158	otherwise part of the department's work program, the department
159	shall evaluate whether the project is needed to provide for
160	projected movement of cargo or passengers from the airport to a
161	state transportation facility or local road. If the project is
162	needed to provide for projected movement of cargo or passengers,
163	the project shall be approved for consistency as a consideration
164	to facilitate the economic development and growth of the state
165	in a timely manner. The department shall identify those projects
166	which are inconsistent with the Florida Transportation Plan and
167	the adopted work program and shall notify the council of
168	projects found to be inconsistent.
169	3. The Office of Tourism, Trade, and Economic Development,
170	in consultation with Enterprise Florida, Inc., shall review the
171	list of projects approved by the council to evaluate the
172	economic benefit of the project and to determine whether the
173	project is consistent with the SAFE Master Plan. The Office of
174	Tourism, Trade, and Economic Development shall review the
175	economic benefits of each project based upon the rules adopted
176	pursuant to paragraph (a). The Office of Tourism, Trade, and
177	Economic Development shall identify those projects which it has
178	determined do not offer an economic benefit to the state or are
179	not consistent with the SAFE Master Plan and shall notify the
180	council of its findings.
181	4. The Department of Law Enforcement shall review the list
182	of projects approved by the council for consistency with
183	domestic security provisions of ss. 943.03101, s 943.0311, and
184	943.0312. The Department of Law Enforcement shall identify those
185	projects that it has determined are inconsistent with the
186	state’s strategic plan for domestic security and shall notify
187	the council of its findings.
188	(8) The council shall review the findings of the
189	Department of Community Affairs, the Department of Law
190	Enforcement, the Department of Transportation, and the Office of
191	Tourism, Trade, and Economic Development. Projects found to be
192	inconsistent by the review process under subparagraphs (7)(b)1.-
193	4. and projects which have been determined not to offer an
194	economic benefit to the state by the review process under
195	subparagraph (7)(b)3. shall be removed from the list of projects
196	to be funded.
197	(9) The cost for administrative services of the council
198	shall be paid by all airports that receive funding under the
199	SAFE Act, based upon a pro rata formula measured by each
200	recipient's share of the funds as compared to the total funds
201	disbursed to all recipients during the year. The share of costs
202	for administrative services shall be paid in its total amount by
203	the recipient airport upon execution by the airport and the
204	Department of Transportation of a joint participation agreement
205	for each council-approved project, and such payment is in
206	addition to the matching funds required to be paid by the
207	recipient airport.
208	(10) Except as otherwise exempted by law, all moneys
209	derived from the SAFE programs shall be expended in accordance
210	with the provisions of s. 287.057. Airports subject to
211	competitive negotiation requirements of a local governing body
212	are exempt from this requirement.
213	(11) Project funding expended pursuant to this act shall
214	be monitored for compliance with all applicable laws.
215	Section 2. This act shall take effect upon becoming a law.