Senate Bill sb2578c1
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Florida Senate - 2003 CS for SB 2578
By the Committee on Transportation; and Senator Sebesta
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1 A bill to be entitled
2 An act relating to aviation; creating s.
3 332.14, F.S., the Secure Airports for Florida's
4 Economy (SAFE) Act; creating the SAFE Council;
5 specifying membership and duties; directing the
6 council to produce a 5-year Master Plan of
7 eligible projects; specifying project purposes;
8 providing for annual plan updates and
9 submission of plan; directing the Department of
10 Transportation, the Department of Community
11 Affairs, and the Office of Tourism, Trade, and
12 Economic Development to serve on the council
13 and to evaluate the project proposals on
14 specific criteria; allowing the council to
15 expend federal, state, local, and private funds
16 on projects, as appropriate and subject to
17 legislative approval; providing for staff;
18 requiring monitoring; amending s. 332.007,
19 F.S.; authorizing airports to expend certain
20 funds for security purposes through a specified
21 date; providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. This act may be cited as the "Secure
26 Airports for Florida's Economy ("SAFE") Act."
27 Section 2. Section 332.14, Florida Statutes, is
28 created to read:
29 332.14 Secure Airports for Florida's Economy
30 Council.--
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Florida Senate - 2003 CS for SB 2578
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1 (1) The Secure Airports for Florida's Economy (SAFE)
2 Council is created within the Department of Transportation.
3 The council shall consist of the following members: the
4 airport director, or the airport director's designee, of each
5 of the following airports: Daytona Beach International
6 Airport, Gainesville Regional Airport, Ft.
7 Lauderdale-Hollywood International Airport, Jacksonville
8 International Airport, Key West International Airport,
9 Melbourne International Airport, Miami International Airport,
10 Naples Municipal Airport, Okaloosa County Regional Airport,
11 Orlando International Airport, Orlando-Sanford International
12 Airport, Palm Beach County International Airport, Panama
13 City-Bay County International Airport, Pensacola Regional
14 Airport, Sarasota-Bradenton International Airport, Southwest
15 Florida International Airport, St. Petersburg-Clearwater
16 International Airport, Tallahassee Regional Airport, and Tampa
17 International Airport; the executive directors of two general
18 aviation airports appointed by the Florida Airports Council;
19 the Secretary of Transportation or his or her designee; the
20 director of the Office of Tourism, Trade, and Economic
21 Development or his or her designee; the Secretary of Community
22 Affairs or his or her designee; a representative of the
23 general aviation industry appointed by the Florida Aviation
24 Trades Association; and a representative of the airline
25 industry appointed by the Air Transport Association.
26 (2) The council shall prepare a 5-year SAFE Master
27 Plan defining the goals and objectives of the council
28 concerning the development of airport facilities and an
29 intermodal transportation system consistent with the goals of
30 the Florida Transportation Plan developed pursuant to s.
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Florida Senate - 2003 CS for SB 2578
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1 339.155. The SAFE Master Plan shall include specific
2 recommendations for:
3 (a) The acquisition and construction of transportation
4 facilities connecting any airport to another transportation
5 mode; and
6 (b) The acquisition and construction of transportation
7 facilities or airport facilities for the purpose of protecting
8 the safety and security of passengers and cargo, enhancing
9 international trade, promoting cargo flow, increasing
10 enplanements, increasing airport revenues, and providing
11 economic benefits to the state. The council shall update the
12 5-year SAFE Master Plan annually and shall submit the plan no
13 later than February 1 of each year to the President of the
14 Senate; the Speaker of the House of Representatives; the
15 Office of Tourism, Trade, and Economic Development; the
16 Department of Transportation; and the Department of Community
17 Affairs. The council shall develop programs, based on an
18 examination of existing programs in Florida and other states,
19 for the training of minorities and secondary school students
20 in job skills associated with employment opportunities in the
21 aviation industry, and report on progress and recommendations
22 for further action to the President of the Senate and the
23 Speaker of the House of Representatives annually.
24 (3) The council may use, as appropriate and with
25 legislative spending authorization, any federal, state, and
26 local-government contributions, as well as private donations,
27 to fund its master mission plan projects.
28 (4) The council shall adopt rules for evaluating
29 projects that may be funded under this act. The rules shall
30 provide criteria for evaluating the economic benefit of the
31 project, measured by the potential for the proposed project to
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Florida Senate - 2003 CS for SB 2578
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1 maintain or increase airport security or enplanements, cargo
2 flow, international commerce, airport revenues, and the number
3 of jobs for the airport's local community.
4 (5) The council shall review and approve or disapprove
5 each project eligible to be funded pursuant to the SAFE
6 Program. The council shall annually submit to the Secretary of
7 Transportation; the director of the Office of Tourism, Trade,
8 and Economic Development; and the Secretary of Community
9 Affairs a list of projects that have been approved by the
10 council. The list shall specify the recommended funding level
11 for each project, and, if staged implementation of the project
12 is appropriate, the funding requirements for each stage shall
13 be specified.
14 (6) The Department of Community Affairs shall review
15 the list of projects approved by the council to determine
16 consistency with approved local government comprehensive plans
17 of the units of local government in which each airport is
18 located and consistency with the airport master plan. The
19 Department of Community Affairs shall identify and notify the
20 council of those projects that are not consistent, to the
21 maximum extent feasible, with such comprehensive plans and
22 airport master plans.
23 (7) The Department of Transportation shall review the
24 list of projects approved by the council for consistency with
25 the Florida Transportation Plan and the department's adopted
26 work program. In evaluating the consistency of a project, the
27 department shall determine whether the transportation impact
28 of the proposed project is adequately handled by existing
29 state-owned transportation facilities or by the construction
30 of additional state-owned transportation facilities as
31 identified in the Florida Transportation Plan and the
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1 department's adopted work program. In reviewing for
2 consistency a transportation facility project as defined in s.
3 334.03(31) which is not otherwise part of the department's
4 work program, the department shall evaluate whether the
5 project is needed to provide for projected movement of cargo
6 or passengers from the airport to a state transportation
7 facility or local road. If the project is needed to provide
8 for projected movement of cargo or passengers, the project
9 shall be approved for consistency as a consideration to
10 facilitate the economic development and growth of the state in
11 a timely manner. The Department of Transportation shall
12 identify those projects that are inconsistent with the Florida
13 Transportation Plan and the adopted work program and shall
14 notify the council of projects found to be inconsistent.
15 (8) The Office of Tourism, Trade, and Economic
16 Development, in consultation with Enterprise Florida, Inc.,
17 shall review the list of projects approved by the council to
18 evaluate the economic benefit of the project and to determine
19 whether the project is consistent with the SAFE Master Plan.
20 The Office of Tourism, Trade, and Economic Development shall
21 review the economic benefits of each project based upon the
22 rules adopted pursuant to subsection (4). The Office of
23 Tourism, Trade, and Economic Development shall identify those
24 projects that it has determined do not offer an economic
25 benefit to the state or are not consistent with the SAFE
26 Master Plan and shall notify the council of its findings.
27 (9) The council shall review the findings of the
28 Department of Community Affairs; the Office of Tourism, Trade,
29 and Economic Development; and the Department of
30 Transportation. Projects found to be inconsistent pursuant to
31 subsections (6), (7), and (8) and projects that have been
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1 determined not to offer an economic benefit to the state
2 pursuant to subsection (8) shall not be included in the list
3 of projects to be funded.
4 (10) The council shall adopt bylaws governing the
5 manner in which the business of the council shall be
6 conducted. The bylaws shall specify the procedure by which the
7 chairperson of the council is elected. The council shall meet
8 at the call of its chairperson, at the request of a majority
9 of its membership, or at such times as may be prescribed in
10 its bylaws. However, the council must meet at least
11 semiannually. A majority of voting members of the council
12 constitutes a quorum for the purpose of transacting the
13 business of the council. All members of the council are voting
14 members. A vote of the majority of the voting members present
15 is sufficient for any action of the council, except that a
16 member representing the Department of Transportation, the
17 Department of Community Affairs, or the Office of Tourism,
18 Trade, and Economic Development may vote to overrule any
19 action of the council approving a project pursuant to
20 subsection (5). The bylaws of the council may require a
21 greater vote for a particular action.
22 (11) Members of the council shall serve without
23 compensation but are entitled to receive reimbursement for per
24 diem and travel expenses as provided in s. 112.061. The
25 council may elect to provide an administrative staff to
26 provide services to the council on matters relating to the
27 SAFE Program and the council. The cost for such administrative
28 services shall be paid by all airports that receive funding
29 from the SAFE Program, based upon a pro rata formula measured
30 by each recipient's share of the funds as compared to the
31 total funds disbursed to all recipients during the year. The
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Florida Senate - 2003 CS for SB 2578
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1 share of costs for administrative services shall be paid in
2 its total amount by the recipient airport upon execution by
3 the airport and the Department of Transportation of a joint
4 participation agreement for each council-approved project, and
5 such payment is in addition to the matching funds required to
6 be paid by the recipient airport. Except as otherwise exempted
7 by law, all moneys derived from the SAFE Program shall be
8 expended in accordance with the provisions of s. 287.057.
9 Airports subject to competitive negotiation requirements of a
10 local governing body shall be exempt from this requirement.
11 (12) Project funding expended pursuant to this act
12 shall be monitored for compliance with all applicable laws.
13 Section 3. Subsection (8) of section 332.007, Florida
14 Statutes, is amended to read:
15 332.007 Administration and financing of aviation and
16 airport programs and projects; state plan.--
17 (8) Notwithstanding any other provision of law to the
18 contrary, the department is authorized to provide operational
19 and maintenance assistance to publicly owned public-use
20 airports. Such assistance shall be to comply with enhanced
21 federal security requirements or to address related economic
22 impacts from the events of September 11, 2001. For projects in
23 the current adopted work program, or projects added using the
24 available budget of the department, airports may request the
25 department change the project purpose in accordance with this
26 provision notwithstanding the provisions of s. 339.135(7). For
27 purposes of this subsection, the department may fund up to 100
28 percent of eligible project costs that are not funded by the
29 Federal Government. Prior to releasing any funds under this
30 section, the department shall review and approve the
31 expenditure plans submitted by the airport. The department
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Florida Senate - 2003 CS for SB 2578
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1 shall inform the Legislature of any change that it approves
2 under this subsection. This subsection shall expire on June
3 30, 2007 2004.
4 Section 4. This act shall take effect upon becoming a
5 law.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 2578
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10 The CS provides additional membership on the SAFE Council for:
The executive directors of two general aviation airports,
11 appointed by the Florida Airports Council; a representative of
the general aviation industry appointed by the Florida
12 Aviation Trades Association; and a representative of the
airline industry appointed by the Air Transport Association.
13 The CS also removes the $20 million appropriation, and
associated conforming provisions.
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