Senate Bill sb2578c1

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    Florida Senate - 2003                           CS for SB 2578

    By the Committee on Transportation; and Senator Sebesta





    306-2275-03

  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.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

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.--

31  

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    Florida Senate - 2003                           CS for SB 2578
    306-2275-03




 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.

31  

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    Florida Senate - 2003                           CS for SB 2578
    306-2275-03




 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
    306-2275-03




 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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    Florida Senate - 2003                           CS for SB 2578
    306-2275-03




 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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    Florida Senate - 2003                           CS for SB 2578
    306-2275-03




 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
    306-2275-03




 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
    306-2275-03




 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.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 2578

 9                                 

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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