HB 0271 2003
1	A bill to be entitled
2	An act relating to the Sarasota-Manatee Airport Authority;
3	providing for codification of special laws regarding
4	special districts pursuant to s. 189.429, Florida
5	Statutes, relating to the Sarasota-Manatee Airport
6	Authority, a special district in Manatee and Sarasota
7	Counties; providing legislative intent; codifying,
8	amending, and reenacting chapters 91-358, 92-242, 95-493,
9	97-322, and 2000-480, Laws of Florida; omitting provisions
10	that have had their effect and other obsolete provisions;
11	omitting redundant provisions; revising cross references;
12	providing a saving clause in the event any provision of
13	the act is deemed invalid; repealing chapters 91-358, 92-
14	242, 95-493, 97-322, and 2000-480, Laws of Florida;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.Pursuant to chapter 97-255, Laws of Florida,
20	this act constitutes the codification of all special acts
21	relating to the Sarasota-Manatee Airport Authority. It is the
22	intent of the Legislature in enacting this law to provide a
23	single, comprehensive special act charter for the authority,
24	including all current legislative authority granted to the
25	authority by its several legislative enactments and any
26	additional authority granted by this act.
27	Section 2.Chapters 91-358, 92-242, 95-493, 97-322, and
28	2000-480, Laws of Florida, relating to the Sarasota-Manatee
29	Airport Authority, are codified, reenacted, amended, and
30	repealed as herein provided.
31	Section 3. The charter for the Sarasota-Manatee Airport
32	Authority Act is re-created and reenacted to read:
33	Section 1. Short title.--This act shall be known by the
34	popular name the "Sarasota-Manatee Airport Authority Act."
35	Section 2. Definitions.--As used in this act, the
36	following terms have the following meanings, unless the context
37	indicates another or different meaning or intent:
38	(1) "Airport facilities" means airport facilities of all
39	kinds, including, but not limited to, landing fields, hangars,
40	shops, restaurants and catering facilities, terminals,
41	buildings, and parking facilities and all other facilities
42	necessary or desirable for the landing, taking off, operating,
43	servicing, repairing, and parking of aircraft, the unloading and
44	handling of mail, express, and freight, and the accommodation,
45	convenience, and comfort of passengers, together with related
46	transportation facilities, all necessary appurtenances,
47	machinery, and equipment, and all lands, properties, rights,
48	easements, and franchises relating thereto and considered
49	necessary or convenient by the authority in connection
50	therewith.
51	(2) "Authority" means the authority created by this act
52	or, if such authority is abolished, the board, body, or
53	commission succeeding to the principal functions thereof or to
54	which the powers given by this act to the authority are given by
55	law.
56	(3) "Cost" means the cost of acquiring, constructing,
57	reconstructing, improving, extending, enlarging, or equipping
58	airport facilities and includes financing charges, interest
59	prior to and during construction and for 1 year after completion
60	of construction, cost of engineering, legal, and other
61	professional services, plans, specifications, surveys, estimates
62	of cost and of revenues, other expenses necessary or incident to
63	the determining of the feasibility or practicability of any such
64	acquisition, construction, reconstruction, improvement,
65	extension, enlargement, or equipment of airport facilities,
66	administrative expenses, and such other expenses, including
67	reasonable provision for working capital and reserves, as may be
68	necessary or incident to the financing herein authorized, to the
69	acquisition, construction, reconstruction, improvement,
70	extension, enlargement, and equipment of airport facilities, and
71	to the placing of the same in operation by the authority. Any
72	obligation or expense incurred by the authority or by any
73	political subdivision prior to the issuance of bonds under the
74	provisions of this act in connection with the acquisition,
75	construction, reconstruction, improvement, extension,
76	enlargement, and equipment of any airport facilities may be
77	regarded as a part of such cost.
78	Section 3. Creation and membership of authority.--
79	(1) There is hereby created a body politic and corporate
80	to be known as the "Sarasota-Manatee Airport Authority” for the
81	purpose of acquiring, constructing, improving, financing,
82	operating, and maintaining airport facilities. The authority is
83	constituted a public instrumentality, and the exercise by the
84	authority of its powers conferred by this act is deemed and held
85	to be the performance of essential governmental functions.
86	(2)(a) The governing board of the authority shall consist
87	of six members, three of whom must be residents of Manatee
88	County and three of whom must be residents of Sarasota County.
89	(b) The three positions on the governing board assigned to
90	residents of Manatee County shall be designated as seats “M-1,”
91	“M-2,” and “M-3,” respectively, and the three positions on the
92	governing board assigned to residents of Sarasota County shall
93	be designated as seats “S-1,” “S-2,” and “S-3,” respectively.
94	(c) Those persons appointed in 2000 and 2001 to seats M-2
95	and S-2, respectively, shall serve until their terms expire in
96	2004. Those persons appointed in 2002 to seats M-1, M-3, and S-1
97	shall serve until their terms expire in 2006. The person
98	appointed in 2002 to seat S-3 shall serve until his or her term
99	expires in 2004.
100	(d) At least 30 days prior to the date of expiration of
101	the term of any member of the authority, or within 30 days after
102	the creation of any vacancy in the membership of the authority
103	resulting from the death, resignation, change of residence, or
104	removal of any such member or from any other cause, the
105	successor of such member shall be appointed by the Governor. Any
106	appointed member is eligible for reappointment. However, a
107	member may not serve more than 8 consecutive years. Other than
108	for an appointment to fill a vacancy in the seat of a member
109	whose term has not yet expired, all appointments shall be for a
110	4-year term, except that the appointment to seat S-3 for the
111	term commencing on November 19, 2002, shall be for 2 years,
112	terminating on November 15, 2004. Thereafter, the term of office
113	for seat S-3 shall be for 4 years. Other than those persons
114	appointed to fill an unexpired term, all appointed members of
115	the authority shall assume office on the third Tuesday of
116	November in the year of appointment.
117	(e) Each appointed member of the authority must be a
118	person of integrity, responsibility, and business ability who is
119	competent and knowledgeable in one or more fields, including,
120	but not limited to, public affairs, law, economics, accounting,
121	engineering, finance, natural-resources conservation, energy, or
122	another field substantially related to the duties and functions
123	of the authority. The membership of the authority shall fairly
124	represent the specified fields and shall be nonpartisan. It is
125	desirable, but not essential, that one or more appointed members
126	be experienced in an aviation-related field. A person who is
127	serving in another public office is not eligible for appointment
128	unless that person resigns from the other office before being
129	appointed to the authority. A person who, at the time of an
130	anticipated appointment by the Governor, is transacting business
131	with the authority or who is reasonably expected to transact
132	business with the authority, either for himself or herself or as
133	an employee of, agent for, or consultant to any other person or
134	legal entity, may not be appointed as a member of the authority.
135	(f) Any appointed member of the authority may be suspended
136	or removed from office by the Governor for good cause affecting
137	his or her ability to perform his or her duties as a member; for
138	misfeasance, malfeasance, or nonfeasance in office; or for
139	violating his or her duty to avoid conduct tending to undermine
140	decisions of the authority, exposing the authority to liability
141	for damages, injuring the good name of the authority, or
142	disturbing the well-being of the authority’s staff or employees.
143	Section 4. Organization and conduct of business of
144	authority.--
145	(1) The authority shall select one of its members as
146	chair, who shall serve as such at the pleasure of the authority.
147	The authority shall also select one of its members to act as
148	secretary of the authority. The authority shall employ a
149	treasurer and may employ an assistant treasurer, neither of whom
150	may be employed as airport manager. The treasurer or, in his or
151	her absence, the assistant treasurer shall sign all checks paid
152	out by the authority, which shall be countersigned by the chair
153	of the authority or, in the absence of the chair, by the vice
154	chair as provided in subsection (19) of section 5. The treasurer
155	shall assist the airport manager in the preparation of the
156	annual airport budget, which budget must be approved by the
157	authority prior to becoming effective. Such persons shall act as
158	secretary of the authority and as treasurer of the authority,
159	respectively, at the pleasure of the authority.
160	(2) A majority of the members of the authority constitutes
161	a quorum, and the affirmative vote of a majority of a quorum of
162	the members of the authority is necessary for any action taken
163	by the authority.
164	(3) Each member may be paid an annual salary of $2,000, to
165	be paid in equal monthly installments. Members shall be
166	reimbursed for the amount of actual expenses incurred by them in
167	the performance of their duties. Members shall be reimbursed for
168	mileage as provided in section 112.061, Florida Statutes, from
169	their places of residence to the place of meeting and return and
170	for vicinity mileage incurred in the performance of their
171	duties. The members shall also be reimbursed for, or the
172	authority may purchase on a member's behalf, insurance covering
173	a member while traveling on official business. The proceeds of
174	such insurance shall be payable to such beneficiary as the
175	member directs. The travel expenses, subsistence, and lodging
176	expenses of a member of the authority or of an authority
177	employee may not exceed those prescribed by section 112.061,
178	Florida Statutes, unless actual reasonable expenses in excess of
179	those prescribed by section 112.061, Florida Statutes, are
180	specifically authorized, prior to the incurring of such
181	expenses, by action of the authority taken at a regular monthly
182	meeting at which the question of such expenses appears as a
183	separate item on the agenda.
184	(4) All medical and dental records and medical and dental
185	claims records in the custody of the authority relating to
186	authority employees, former authority employees, or eligible
187	dependents of such employees enrolled in an authority group
188	insurance plan or self-insurance plan shall be kept confidential
189	and are exempt from the provisions of section 119.07(1), Florida
190	Statutes. Such records may not be furnished to any person other
191	than the employee or his or her legal representative, except
192	upon written authorization of the employee, but may be furnished
193	in any civil or criminal action, unless otherwise prohibited by
194	law, upon the issuance of a subpoena from a court of competent
195	jurisdiction and proper notice to the employee or his or her
196	legal representative by the party seeking such records.
197	Section 5. Powers of the authority.--The authority is
198	authorized and empowered:
199	(1) To adopt bylaws for the regulation of its affairs and
200	the conduct of its business.
201	(2) To adopt an official seal and alter the same at its
202	pleasure.
203	(3) To maintain an office at such place or places as it
204	may designate, within Sarasota and Manatee Counties only.
205	(4) To sue and be sued in its own name and plead and be
206	impleaded.
207	(5) To acquire, lease as lessee or lessor, construct,
208	reconstruct, improve, extend, enlarge, equip, repair, maintain,
209	and operate any airport facilities within either or both of the
210	Counties of Sarasota and Manatee.
211	(6) To lease as lessor for other than airport purposes, or
212	to sell or otherwise dispose of, any land or other airport
213	facilities that it has determined are no longer used or useful
214	for airport purposes, subject, however, to any limitations
215	imposed on such leasing or disposition by any bonds issued by
216	the authority hereunder or by any proceedings taken in
217	connection with the issuance of such bonds or by any contracts
218	entered into hereunder with either or both of the Counties of
219	Sarasota and Manatee.
220	(7) To issue bonds of the authority, as provided in this
221	act, to pay the cost of such acquisition, construction,
222	reconstruction, improvement, extension, enlargement, or
223	equipment.
224	(8) To issue refunding bonds of the authority as provided in
225	this act.
226	(9) To combine any airport facilities for the purpose of
227	operation and financing.
228	(10) To fix and revise from time to time and collect
229	rates, fees, and other charges for the use of or for the
230	services furnished by any airport facilities.
231	(11) To acquire real property in the name of the authority
232	by gift, purchase, or the exercise of the power of eminent
233	domain in accordance with the laws of this state which may be
234	applicable to the exercise of such powers by counties or
235	municipalities, including, without limitation, the leasehold
236	interest of lessees under leases made by the authority as
237	lessor; to acquire such personal property as it considers
238	necessary in connection with the acquisition, construction,
239	reconstruction, improvement, extension, enlargement, equipment,
240	operation, maintenance, or repair of any airport facilities; and
241	to hold and dispose of all such real and personal property under
242	its control. The power granted in this subsection, and under
243	subsection (5) for acquisition of lands, is limited to lands or
244	interests therein needed for airport purposes for the existing
245	Sarasota-Bradenton International Airport; however, such
246	limitation does not apply to any other lands or interests
247	therein if:
248	(a) The acquisition is for a general aviation facility
249	that is not acquired for purposes of accommodating major
250	certified air carriers and the acquisition is approved by
251	resolutions of the county and municipality, if any, within which
252	such lands lie; or
253	(b) The acquisition is for use by major certified air
254	carriers and has been approved in a referendum of electors in
255	each of the Counties of Manatee and Sarasota.
256	(12) To exercise the power of eminent domain in accordance
257	with the provisions of chapter 74, Florida Statutes, as from
258	time to time amended, or any successor statute, in the same
259	manner as therein provided for the acquiring of rights-of-way
260	for the state highway system and to take title to lands in fee
261	simple absolute or such lesser estate as may be specified in the
262	declaration of taking, upon the deposit of such sum as the court
263	determines will fully secure and fully compensate the persons
264	lawfully entitled to compensation.
265	(13) To make and enter into all contracts and agreements
266	necessary or incidental to the performance of its duties and the
267	execution of its powers under this act, including a trust
268	agreement or trust agreements securing any bonds issued under
269	this act, and to employ such consulting and other engineers,
270	superintendents, managers, construction and financial experts,
271	accountants and attorneys, and employees and agents as are, in
272	the judgment of the authority, necessary, and to fix and pay
273	their compensation, and, with regard to such superintendents,
274	managers, accountants, and employees, to provide for deferred
275	compensation, health, accident, and disability payments, and
276	other fringe benefits; to provide for health, accident, and
277	disability payments for members of the authority; and to remove
278	any employee at any time upon such notice as the authority
279	considers fair and reasonable by a majority vote of the members
280	of the authority; however, all such expenses must be payable
281	solely from funds made available under the provisions of this
282	act.
283	(14) To accept grants of money or materials or property of
284	any kind for any airport facilities from any federal or state
285	agency, political subdivision, or other public body or from any
286	private agency or individual, upon such terms and conditions as
287	may be imposed, and to enter into contracts and grants
288	agreements with the Federal Aviation Administration, or any
289	successor or successors thereof, and with the State of Florida
290	or any of its agencies, in the capacity of sponsor or cosponsor
291	of any airport development project involving the acquisition,
292	construction, reconstruction, improvement, extension,
293	enlargement, or equipment of any airport facilities owned or
294	operated by the authority, pursuant to any federal or state law
295	providing for aid to airports.
296	(15) To purchase money mortgages on any additional
297	property purchased by the authority, or to purchase property
298	subject to mortgages; however, the security instrument
299	evidencing any such mortgage must expressly limit and confine
300	the lien of the mortgage to the property so purchased.
301	(16) To borrow money from time to time, and to procure one
302	or more lines of credit from time to time in furtherance
303	thereof, for any corporate purpose of the authority and to
304	secure any such loan by executing a promissory note or notes in
305	the name of the authority pledging any revenues of the
306	authority; however, any such promissory note is, and must state
307	on its face that it is, subordinate and subject in right to
308	payment from the revenues of any airport facilities (but not
309	subordinate and subject in right to payment from federal or
310	state grants unless so provided in any resolution or trust
311	agreement as mentioned hereinafter) to all bonds and bond
312	anticipation notes theretofore or thereafter issued by the
313	authority pursuant to this act or any other statute for the
314	purpose of paying the cost of acquiring, constructing,
315	reconstructing, improving, extending, enlarging, or equipping
316	any airport facilities, except to the extent otherwise provided
317	in any resolution or trust agreement authorizing or securing,
318	respectively, such bonds or bond anticipation notes.
319	(17) To exercise and perform all powers and prerogatives
320	conferred upon political subdivisions by chapter 333, Florida
321	Statutes, as from time to time amended, or any successor
322	statute, with respect to the adoption and enforcement of airport
323	zoning regulations under the provisions of that chapter, and, if
324	the authority adopts or causes to be adopted airport zoning
325	regulations pursuant to that chapter, the regulations so adopted
326	supersede the regulations theretofore adopted by the airport
327	zoning board of Sarasota and Manatee Counties, insofar as such
328	regulations of the airport zoning board of Sarasota and Manatee
329	Counties pertain to airports that are under the jurisdiction of
330	the authority.
331	(18) To construct, maintain, operate, lease, and regulate
332	motor vehicle parking facilities for the agents, employees,
333	guests, and business invitees of the authority or its tenants
334	and the visiting public.
335	(a) The authority may enter into lease and franchise
336	agreements with private persons or corporations as tenants or
337	operators of such facilities upon such terms and for such
338	periods of time as the authority considers appropriate. The
339	authority shall hold a public hearing, after the publication of
340	a notice of such hearing in a newspaper of general circulation
341	in Sarasota County and in a newspaper of general circulation in
342	Manatee County at least one time no less than 10 days or more
343	than 25 days prior to such hearing, to:
344	1. Consider the establishment of rates or fees, if any,
345	that will be charged to persons who use any such parking
346	facility; or
347	2. Consider any subsequent revisions therein that increase
348	such rates or fees. The authority may pledge the income and
349	revenues derived from such leases and franchise agreements as
350	security for the repayment of loans extended to the authority or
351	as security for the payment of any bonds of the authority issued
352	pursuant to section 6 of this act as it considers necessary or
353	desirable from time to time.
354	(b) The authority may cause any motor vehicle parked on
355	authority property without its permission to be removed by a
356	person regularly engaged in the business of towing motor
357	vehicles, without liability for the cost of removal,
358	transportation, or storage or damages caused by such removal,
359	transportation, or storage, if notice is prominently posted on
360	the property or has been personally given to the owner or driver
361	of the motor vehicle that the area in which such vehicle is
362	parked is reserved or is otherwise unavailable for unauthorized
363	vehicles. Whenever any motor vehicle is so removed, the
364	authority shall, upon request, immediately and without demanding
365	compensation, inform the owner or lessor of such motor vehicle
366	of the name and location of the person or company that removed
367	the vehicle. The person causing the removal of the motor vehicle
368	shall forthwith notify the nearest police department of the
369	removal and the name and location of the person who removed the
370	vehicle.
371	(19) To adopt a budget prior to September 30 of each year
372	for the ensuing fiscal year commencing October 1. The budget,
373	after adoption, may be amended or altered only by action of the
374	authority taken at a regular or special meeting. In any fiscal
375	year, the authority may not authorize the expenditure of
376	authority funds in excess of those budgeted, except to the
377	extent that the actual or anticipated receipts exceed the
378	budgeted income. All checks for disbursement of funds of the
379	authority must be signed by the treasurer or, in the absence of
380	the treasurer, by the assistant treasurer, and must be
381	countersigned by the chair or, in the absence of the chair, by
382	the vice chair. The authority, through its bylaws, shall
383	establish the procedure for determining the absence of the chair
384	or treasurer for purposes of the countersigning of checks by the
385	vice chair or the assistant treasurer, respectively.
386	(20) To do all acts and things necessary or convenient to
387	carry out the powers granted by this act.
388	(21) To invest and reinvest any surplus public funds in
389	its control or possession in such investments as are authorized
390	by law or ordinance for the investment of surplus public funds
391	by the Board of County Commissioners of Sarasota County or
392	Manatee County. Every security purchased on behalf of the
393	authority shall be properly earmarked and:
394	(a) If registered with the issuer or its agents, shall be
395	immediately placed for safekeeping in a location which protects
396	the authority’s interest in the security;
397	(b) If in book entry form, shall be held for the credit of
398	the authority by a depository chartered by either the Federal
399	Government or the state and shall be kept by the depository in
400	an account separate and apart from the assets of the financial
401	institution; or
402	(c) If physically issued to the authority but not
403	registered with the issuer or its agents, shall be immediately
404	placed for safekeeping in a safety-deposit box in a financial
405	institution in this state that maintains adequate safety-deposit
406	box insurance.
407	Section 6. Bonds.--
408	(1) The authority may issue, at one time or from time to
409	time, bonds of the authority for the purpose of paying all or
410	any part of the cost of acquiring, constructing, reconstructing,
411	improving, extending, enlarging, or equipping any airport
412	facilities. The bonds of each issue shall be dated, shall mature
413	at such time or times, not exceeding 40 years after their date
414	or dates, and shall bear interest at such rate or rates as are
415	determined by the authority, not exceeding the maximum rate then
416	specified in section 215.84, Florida Statutes, unless a higher
417	rate is approved by the State Board of Administration pursuant
418	to that section, and may be made redeemable before maturity, at
419	the option of the authority, at such price or prices and under
420	such terms and conditions as may be fixed by the authority prior
421	to the issuance of the bonds. The authority shall determine the
422	form and the manner of execution of the bonds, including any
423	interest coupons to be attached thereto, and shall fix the
424	denomination or denominations of the bonds and the place or
425	places of payment of principal and interest, which may be at any
426	bank or trust company within or without the state. In case any
427	officer whose signature or a facsimile of whose signature must
428	appear on any bonds or coupons ceases to be such officer before
429	the delivery of such bonds, such signature or such facsimile is
430	nevertheless valid and sufficient for all purposes, the same as
431	if he or she had remained in office until such delivery.
432	Notwithstanding any other provisions of this act or any recitals
433	in any bond issued under the provisions of this act, all such
434	bonds are deemed to be investment securities under chapter 678,
435	Florida Statutes. The bonds may be issued in coupon form or
436	registered form without coupons or both, as the authority
437	determines, and provision may be made for the registration of
438	any coupon bonds as to principal alone and also as to both
439	principal and interest and for the reconversion into coupon
440	bonds of any bonds registered as to both principal and interest.
441	The authority may sell such bonds in such manner, either at
442	public or private sale, and for such price as it determines to
443	be in the best interest of the authority.
444	(2) The proceeds of the bonds of each issue shall be used
445	solely for the purpose for which such bonds were authorized and
446	shall be disbursed in such manner and under such restrictions,
447	if any, as the authority may provide in the resolution
448	authorizing the issuance of such bonds or in the trust agreement
449	securing the same. Unless otherwise provided in the authorizing
450	resolution or in the trust agreement securing such bonds, if the
451	proceeds of such bonds, by error of estimates or otherwise, is
452	less than the amount required for such purpose, additional bonds
453	may in like manner be issued to provide the amount of such
454	deficit and are entitled to payment from the same fund without
455	preference or priority of the bonds first issued for the same
456	purpose.
457	(3) The resolution providing for the issuance of bonds,
458	and any trust agreement securing such bonds, may also contain
459	such limitations upon the issuance of additional bonds as the
460	authority considers proper, and such additional bonds shall be
461	issued under such restrictions and limitations as may be
462	prescribed by such resolution or trust agreement.
463	(4) Prior to the preparation of definitive bonds, the
464	authority may, under like restrictions, issue interim receipts
465	or temporary bonds, with or without coupons, exchangeable for
466	definitive bonds when such bonds have been executed and are
467	available for delivery. The authority may also provide for the
468	replacement of any bonds that become mutilated or that have been
469	destroyed or lost.
470	(5) Bonds may be issued under this act without obtaining
471	the consent of any commission, board, bureau, or agency of the
472	state or of any political subdivision, and without any other
473	proceeding or the happening of other conditions or things than
474	those proceedings, conditions, or things that are specifically
475	required by this act.
476	Section 7. Rates, fees, and other charges.--The authority
477	may fix and revise from time to time, either by agreement with a
478	user or by resolution of the authority, rates, fees, including,
479	without limitation, landing fees, and other charges for the use
480	of and for the services furnished or to be furnished by any
481	airport facilities owned or operated by the authority. Such
482	rates, fees, and charges are not subject to supervision or
483	regulation by any bureau, board, commission, or other agency of
484	the state or of any political subdivision. Such rates, fees, and
485	charges shall be fixed and revised so that the revenues of the
486	authority, together with any other available funds, will be
487	sufficient at all times:
488	(1) To pay the cost of maintaining, repairing, and
489	operating the airport facilities owned or operated by the
490	authority, including reserves for such purposes; and
491	(2) To pay the principal of and premium, if any, and
492	interest on all bonds issued by the authority under this act to
493	pay for the cost of acquiring, constructing, reconstructing,
494	improving, extending, enlarging, or equipping any airport
495	facilities as the same become due and payable and to provide
496	reserves therefor.
497
498	Notwithstanding any of the foregoing provisions of this section,
499	the authority may enter into contracts relating to the use of,
500	or for the services furnished or to be furnished by, any airport
501	facilities, which contracts are not subject to revision except
502	in accordance with their terms.
503	Section 8. Trust agreement or resolution.--
504	(1) In the discretion of the authority, each or any issue
505	of bonds may be secured by a trust agreement by and between the
506	authority and a corporate trustee, which may be any trust
507	company or bank having the powers of a trust company within or
508	without the state. It is lawful for any bank or trust company
509	incorporated under the laws of this state which may act as
510	depository of the proceeds of bonds or of revenues, to furnish
511	such indemnifying bonds or to pledge such securities as may be
512	required by the authority. The resolution authorizing the
513	issuance of bonds or any trust agreement securing such bonds may
514	set forth the rights and remedies of the bondholders and of the
515	trustee, if any, and may restrict the individual right of action
516	by bondholders. Such resolution or trust agreement may contain
517	such other provisions in addition to the foregoing as the
518	authority considers reasonable and proper for the security of
519	the bondholders. The authority may provide for the payment of
520	the proceeds of the sale of the bonds and the revenues of any
521	airport facilities to such officer, board, or depository as it
522	designates for the custody thereof, and for the method of
523	disbursement thereof, with such safeguards and restrictions as
524	it determines. All expenses incurred in carrying out the
525	provisions of such resolution or trust agreement may be treated
526	as a part of the cost of operation.
527	(2) The resolution authorizing the issuance of bonds to
528	pay the cost of acquiring, constructing, reconstructing,
529	improving, extending, enlarging, or equipping any airport
530	facilities or any trust agreement securing bonds issued for such
531	purpose may pledge the revenues to be received from any airport
532	facilities of the authority, but may not convey or mortgage any
533	of such facilities, and may contain such provisions for
534	protecting and enforcing the rights and remedies of the
535	bondholders as are reasonable and proper and not in violation of
536	law, including, without limitation, covenants setting forth the
537	duties of the authority in relation to the acquisition,
538	construction, reconstruction, improvement, maintenance, repair,
539	operation, and insurance of any such facilities, the fixing and
540	revising of rates, fees, and charges, and the custody,
541	safeguarding, and application of all moneys, and for the
542	employment of consulting engineers in connection with such
543	acquisition, construction, reconstruction, improvement,
544	maintenance, repair, operation, or insurance.
545	(3) Any pledge of revenues of any airport facilities under
546	this act is valid and binding from the time such pledge is made.
547	Any such revenues so pledged and thereafter received by the
548	authority are immediately subject to the lien of such pledge
549	without any physical delivery thereof or further action, and the
550	lien of such pledge is valid and binding as against all parties
551	having claims of any kind in tort, contract, or otherwise
552	against the authority, irrespective of whether such parties have
553	notice thereof.
554	Section 9. Contributions of certain political subdivisions.--
555	(1) The governing body of each of the Cities of Sarasota
556	and Bradenton and each of the Counties of Sarasota and Manatee
557	may make grants of money to the authority and may lease, lend,
558	grant, or convey to the authority, with or without
559	consideration, real or personal property for use by the
560	authority for the acquisition, construction, reconstruction,
561	improvement, extension, enlargement, equipment, maintenance, or
562	operation of any airport facilities; however, if the approval at
563	an election by the qualified electors of any such city or county
564	is required by the constitution of the state, such election must
565	be called, noticed, and conducted and the result thereof
566	determined and declared in the manner required by the Florida
567	Election Code, chapters 97 through 106, Florida Statutes, as
568	from time to time amended, or any successor statute.
569	(2) The board of county commissioners of each of the
570	Counties of Sarasota and Manatee may:
571	(a) Levy annually an ad valorem tax on all the taxable
572	property in such county for the purpose of providing funds for
573	contribution to the authority for use by the authority for the
574	acquisition, construction, reconstruction, improvement,
575	extension, enlargement, equipment, maintenance, or operation of
576	any airport facilities and for the payment of the principal of
577	and premium, if any, and interest on any bonds issued by the
578	authority under this act other than bonds issued pursuant to
579	section 10 of this act.
580	(b) Enter into contracts, with or without consideration,
581	for such periods of time as such board of county commissioners
582	determines, providing for the making of annual or other
583	contributions from any non-ad valorem tax revenues or any ad
584	valorem tax revenues available for such contributions to the
585	authority for use by the authority for the acquisition,
586	construction, reconstruction, improvement, extension,
587	enlargement, equipment, maintenance, repair, or operation of any
588	airport facilities and for the payment of the principal of and
589	premium, if any, and interest on any bonds issued by the
590	authority under this act other than bonds issued pursuant to
591	section 10 of this act or for making up any deficiencies in the
592	revenues of the authority necessary for any such purposes; and
593	pledge the taxing power of such county to the payment of such
594	contributions.
595	(c) Issue bonds of the county payable from the taxes
596	authorized in this section to be levied or from any other source
597	available to the county, for the purpose of providing funds to
598	be granted to the authority for application to the payment of
599	the cost of acquisition, construction, reconstruction,
600	improvement, extension, enlargement, or equipment of any airport
601	facilities, such bonds to be issued under the provisions of any
602	law applicable to the issuance of bonds or other obligations by
603	the county; however, in any case in which the approval at an
604	election by the qualified electors residing in the county is
605	required by the State Constitution for the exercise of any of
606	the powers conferred by this section, such approval must be
607	obtained before such powers are exercised. Any election to be
608	held for the purpose of obtaining the approval of such qualified
609	electors shall be held and the result thereof determined and
610	declared in the manner provided by the Florida Election Code.
611	(d) Enter into contracts and grant agreements with the
612	Federal Aviation Administration, or any successor or successors
613	thereof, the State of Florida or any of its agencies, and the
614	authority in the capacity of sponsor or cosponsor of any airport
615	development project involving the acquisition, construction,
616	reconstruction, improvement, extension, enlargement, or
617	equipment of any airport facilities owned or operated by the
618	authority, pursuant to any federal or state law providing for
619	aid to airports.
620	(3) The governing body of each of the Cities of Sarasota
621	and Bradenton and each of the Counties of Sarasota and Manatee
622	may purchase, from time to time from any moneys of such city or
623	county which are made available therefor, bonds issued by the
624	authority pursuant to the provisions of this act other than
625	bonds issued pursuant to section 10 of this act; however, not
626	one of such cities or counties may at any one time hold such
627	bonds in a principal amount exceeding $100,000.
628	Section 10. Industrial development revenue bonds.--
629	(1) It is the purpose of this section to authorize the
630	authority to foster and encourage the development of industrial
631	facilities, including pollution control facilities, to create or
632	preserve employment opportunities, to protect the physical
633	environment, to preserve and increase the prosperity of the
634	Counties of Sarasota and Manatee, and to promote the general
635	welfare of all their citizens without the use of public funds by
636	issuing industrial development revenue bonds to assist the
637	financing of such facilities. It is declared that there are a
638	number of industrial facilities on lands presently owned by the
639	authority which are greatly in need of reconstruction,
640	improvement, remodeling, replacement, or enlargement in order
641	that these lands and facilities may be best utilized pending any
642	future use of such lands and facilities for airport purposes and
643	that the financing of such reconstruction, improvement,
644	remodeling, replacement, or enlargement, as provided in this
645	section, will enable the authority to maintain or increase its
646	income from such lands and facilities. It is further declared
647	that the actions authorized by this section serve a public
648	purpose and that in carrying out the provisions of this section
649	the authority is regarded as performing an essential
650	governmental function. The outstanding industrial development
651	revenue bonds authorized by this section may not at any time
652	exceed $3 million in the aggregate.
653	(2) As used in this section, the following terms have the
654	following meanings, unless the context indicates another or
655	different meaning or intent:
656	(a) "Bond" means an evidence of indebtedness issued by the
657	authority under this act to finance an industrial project in
658	whole or in part or to refund indebtedness incurred for that
659	purpose.
660	(b) “Debt service" means the amounts required to pay bonds
661	according to their terms and includes amounts representing
662	principal, premium, and interest.
663	(c) “Financing document" means a written instrument
664	establishing the rights and responsibilities of the authority
665	and the user with respect to an industrial facility financed by
666	the issue of bonds under this act.
667	(d) "Industrial facility" means any property financed or
668	to be financed under the provisions of this section, which may
669	include structures and appurtenances incidental to any of the
670	hereinafter detailed purposes such as utility lines, storage
671	accommodations, or transportation facilities on any property
672	owned by the authority on the effective date of this act,
673	whether real or personal or a combination of both types of
674	property, which is suitable for:
675	1. Manufacturing, processing, assembling, or warehousing
676	goods or materials for sale or distribution, but does not
677	include raw materials, work in process, or stock in trade;
678	2. The conduct of research and development activities;
679	3. Collecting or processing any kind of waste material for
680	reuse or disposal;
681	4. Reducing, mitigating, or eliminating pollution of land,
682	air, or water by substances, heat, or sound; or
683	5...Any combination of the foregoing activities, uses, or
684	purposes.
685	(e) "Industrial project” means the creation,
686	establishment, acquisition, construction, expansion, remodeling,
687	or replacement of an industrial facility financed by the issue
688	of bonds under this act.
689	(f) “Project costs" means any costs or expenses reasonably
690	incidental to an industrial project and may, without limitation,
691	include the costs of:
692	1. Issuing bonds to finance an industrial project;
693	2. Acquiring land, buildings, structures, and facilities,
694	whether by lease, purchase, construction, or otherwise;
695	3. Acquiring rights in or over land, air, or water;
696	4. Improving land and improving buildings, structures, and
697	facilities by remodeling, reconstruction, replacement, or
698	enlargement;
699	5. Acquiring and installing machinery and equipment;
700	6. Obtaining professional or advisory services;
701	7. Paying interest prior to and during construction and until
702	1 year after completion of a project; and
703	8. Creating reserves.
704	(g) "Security document" means a written instrument
705	establishing the rights and responsibilities of the authority
706	and the holders of bonds issued to finance an industrial
707	facility.
708	(h) "User" means the person entitled to the use or
709	occupancy of an industrial facility and primarily responsible
710	for making payments sufficient to meet the debt service on the
711	bonds issued to finance the facility.
712	(3) The authority may:
713	(a) Engage in industrial projects and acquire and dispose
714	of ownership or possessory interests in industrial facilities
715	located on land owned by the authority on the effective date of
716	this act; however, in the exercise of its powers granted under
717	this section, the authority has no power to sell or convey such
718	land or to encumber the fee simple title to such land by way of
719	mortgage, deed of trust, subordination agreement, or other
720	similar instrument.
721	(b) Issue bonds to:
722	1. Pay project costs;
723	2. Reimburse a user or a related person for payment of
724	project costs made before or after bonds are issued; or
725	3. Refund bonds previously issued.
726	(c) Execute financing documents and security documents and
727	perform obligations and exercise powers created thereby.
728	(d) Dispose of all or part of any industrial facility by
729	sale or otherwise for the benefit of the bondholders in the
730	event of default by a user under a financing document, but only
731	to the extent authorized by the financing document or security
732	document.
733	(e) Make contracts or take any other action that is
734	necessary or desirable in connection with the exercise of the
735	powers granted under this section.
736	(4) This section does not authorize the authority to
737	operate an industrial facility itself or to conduct any business
738	enterprise therewith except to the extent the authority is
739	authorized to do so by any other provision of this act or by any
740	other law.
741	(5) The authority's ownership or possessory interest in
742	the industrial facility under a financing document may, subject
743	to the provisions of paragraph (3)(c), be that of owner, lessor,
744	lessee, conditional or installment vendor, mortgagor, mortgagee,
745	or otherwise.
746	(6) Every financing document must:
747	(a) Provide for payments by the user at such times and in
748	such amounts as are necessary in order to pay the debt service
749	on all bonds issued to finance the industrial project as they
750	become due.
751	(b) Obligate the user to pay all the costs and expenses of
752	operation, maintenance, and upkeep of the industrial facility
753	and to pay reasonable rentals to the authority for the use of
754	any lands and other property of the authority not constituting
755	an industrial facility or part thereof.
756	(7) Any financing document may:
757	(a) Bear any appropriate title.
758	(b) Involve property in addition to the property financed by
759	the bonds.
760	(c) Be in the nature of a lease, a sale and leaseback, a
761	lease purchase, a conditional sale, or an installment sales
762	secured by a purchase money mortgage or any other similar
763	transaction.
764	(d) Provide for payments by the user which include amounts
765	in addition to the amounts required to pay debt service.
766	(e) Obligate a user to make payments before the industrial
767	facility exists or becomes functional and to make payments after
768	the industrial facility has ceased to exist or be functional to
769	any extent and from any cause whatsoever.
770	(f) Obligate a user to make payments regardless of whether
771	the user is in possession or is entitled to be in possession of
772	the industrial facility.
773	(g) Allocate responsibility between the authority and the
774	user for making purchases and contracts required for the
775	project.
776	(h) Provide that some or all of the user's obligations are
777	unconditional and binding and enforceable in all circumstances
778	whatsoever notwithstanding any other provision of law.
779	(i) Contain such other provisions and covenants relating
780	to the use, maintenance, and replacement of the industrial
781	facility as the authority and the user consider necessary for
782	the protection of themselves or others.
783	(8) A security document may:
784	(a) Contain an assignment, pledge, mortgage, or other
785	encumbrance of all or part of the authority's interest in, or
786	right to receive payments with respect to, an industrial
787	facility under a financing document.
788	(b) Bear any appropriate title.
789	(c) Provide for a trustee for the benefit of holders of
790	bonds issued to finance an industrial facility.
791	(d) Be combined with a financing document as one instrument.
792	(e) Contain covenants of the authority as to:
793	1. The creation and maintenance of reserves;
794	2. The issuance of other bonds with respect to the industrial
795	facility;
796	3. The custody, investment, and application of moneys;
797	4. The disposition of insurance or condemnation proceeds;
798	5. The use of surplus bond proceeds;
799	6. Action by the authority in the event of a default by the
800	user under the financing document;
801	7. The subjecting of additional property to the lien of the
802	security document; and
803	8. Any other matter that affects the security of the bonds in
804	any way.
805	(f) Limit the rights of bondholders to enforce obligations
806	of the authority thereunder or under the financing document.
807	(9) Any assignment, pledge, mortgage, or other encumbrance
808	of all or part of the authority's right to receive payments with
809	respect to an industrial facility contained in a security
810	document is valid and binding from the time such security
811	document is executed or adopted; and the payments so assigned,
812	pledged, mortgaged, or otherwise encumbered and thereafter
813	received by the authority are immediately subject to the lien of
814	such assignment, pledge, mortgage, or other encumbrance, with or
815	without any physical delivery thereof or further action; and the
816	lien of such pledge is valid and binding as against all parties
817	having claims of any kind in tort, contract, or otherwise
818	against the authority, irrespective of whether such parties have
819	notice thereof.
820	(10) Bonds of the authority may be issued pursuant to this
821	section in the same manner as provided in sections 6, 11, 12,
822	and 13 of this act. The term “trust agreement,” as used in such
823	sections, means and includes, in the case of bonds issued
824	pursuant to this section, any security document.
825	(11) Bonds issued under this section do not constitute
826	debts of the state or of any political subdivision thereof or a
827	pledge of the faith and credit of the state or of any political
828	subdivision; however, such bonds are obligations of the
829	authority payable solely from the funds herein provided
830	therefor, and a statement to that effect must be recited on the
831	face of the bonds.
832	(12) The financing document and the security document must
833	provide that under no circumstances is the authority obligated,
834	directly or indirectly, to pay the cost of any industrial
835	project, the expenses of operation or maintenance of any
836	industrial facility, or the debt service on any bonds issued to
837	finance an industrial project except from the proceeds of such
838	bonds or from funds received under the financing document,
839	exclusive of any funds received thereunder by the authority for
840	its own use.
841	Section 11. Trust funds.--All moneys received pursuant to
842	the authority of this act are deemed to be trust funds and must
843	be held and applied solely as provided in this act. The
844	resolution authorizing the issuance of bonds or the trust
845	agreement securing such bonds must provide that any officer to
846	whom, or bank, trust company, or fiscal agent to which, such
847	moneys are paid shall act as trustee of such moneys and shall
848	hold and apply the same for the purposes hereof, subject to such
849	regulations as the act and such resolution or trust agreement
850	may provide.
851	Section 12. Remedies.--Any holder of bonds issued under
852	the provisions of this act or of any of the coupons appertaining
853	thereto, and the trustee under any trust agreement, except to
854	the extent the rights herein given may be restricted by the
855	resolution authorizing the issuance of such bonds or such trust
856	agreement, may by suit, action, mandamus, or other proceeding
857	protect and enforce any and all rights under the laws of the
858	state or granted hereunder or under such resolution or trust
859	agreement and may enforce and compel the performance of all
860	duties required by this act or by such resolution or trust
861	agreement to be performed by the authority or by any officer
862	thereof, including the fixing, charging, and collecting of
863	rates, fees, and charges for the use of or for the services
864	furnished by any airport facilities.
865	Section 13. Refunding bonds.--The authority may issue from
866	time to time refunding bonds for the purpose of refunding any
867	bonds of the authority then outstanding, including the payment
868	of any redemption premium thereon and any interest accrued or to
869	accrue to the date of redemption of such bonds. The authority
870	may issue from time to time bonds of the authority for the
871	combined purpose of refunding any bonds of the authority then
872	outstanding, including the payment or any redemption premium
873	thereon and any interest accrued or to accrue to the date of
874	redemption of such bonds, and paying all or any part of the cost
875	of acquiring, constructing, reconstructing, improving,
876	extending, enlarging, or equipping any airport facilities or
877	engaging in any additional industrial project, as the case may
878	be, provided no refunding bonds issued with respect to any
879	industrial project are payable from the revenues of any airport
880	facilities. The issuance of such bonds, the maturities and other
881	details thereof, the rights and remedies of the holders thereof,
882	and the rights, powers, privileges, duties, and obligations of
883	the authority with respect to the same, are governed by the
884	foregoing provisions of this act insofar as the same are
885	applicable.
886	Section 14. Law enforcement functions of the authority.--
887	(1) Definitions.--As used in this section, the term:
888	(a) "Air operations area" means a portion of the airport
889	designed and used for landing, taking off, or surface
890	maneuvering of airplanes.
891	(b) "Airport" means any real property the fee simple title
892	to which is vested in the airport authority.
893	(c) "Airport grounds" includes all of the airport except
894	for any property or facilities that are under the guidance,
895	supervision, regulation, or control of the University of South
896	Florida.
897	(d) "Traffic," when used as a noun, means the use or
898	occupancy of, and the movement in, on, or over, streets, ways,
899	walks, roads, alleys, parking areas, and air operations areas by
900	vehicles, pedestrians, or ridden or herded animals.
901	(2) Traffic, parking, and security laws and ordinances;
902	applicability to airport grounds.--All provisions of chapters
903	316 and 318, Florida Statutes, apply to the airport grounds. The
904	ordinances of Sarasota County, Manatee County, and the City of
905	Sarasota that relate to traffic control, the parking of
906	vehicles, including the towing away of unlawfully parked or
907	abandoned vehicles, or the security of air operations areas
908	apply within that part of the airport grounds that lies within
909	the territorial boundaries of the respective county or
910	municipality, provided that no such ordinance is applicable
911	within the airport grounds unless the airport authority by its
912	resolution first requested the respective county or city to
913	adopt such an ordinance, pointing out the general matters or
914	circumstances to be covered by the ordinance, and that any such
915	ordinance adopted at the request of the airport authority must
916	be reasonable and in furtherance of the public health, safety,
917	welfare, and interest. Copies of such applicable ordinances must
918	be posted at the airport on public bulletin boards where notices
919	are customarily posted and must be made available to any person
920	requesting a copy of such ordinances.
921	(3) Airport authority police.--
922	(a) The airport authority may provide for police officers
923	for the airport authority, who shall be designated "airport
924	authority police."
925	(b) The airport authority police are declared to be law
926	enforcement officers of the state and conservators of the peace
927	with the authority to arrest, in accordance with the laws of
928	this state, any person for a violation of state or federal law
929	or an applicable county or municipal ordinance if the violation
930	occurs on airport grounds. Airport authority police may also
931	make arrests in fresh pursuit off airport grounds for such
932	violations if pursuit originated on airport grounds. Airport
933	authority police have full authority to bear arms in the
934	performance of their duties and to execute search warrants
935	within the airport grounds. Airport authority police, when
936	requested by the Sheriff of Sarasota County, the Sheriff of
937	Manatee County, or the chief administrative police officer of
938	the City of Sarasota, may serve subpoenas or other legal process
939	and may make arrests of persons against whom arrest warrants
940	have been issued or charges have been made for violations of
941	federal or state laws or county or municipal ordinances.
942	(c) An airport authority police officer may enforce all
943	applicable laws or ordinances pertaining to traffic, parking, or
944	security on the airport grounds and may issue citations for such
945	violations.
946	(d) Airport authority police must meet the requirements of
947	the Federal Aviation Administration prescribed in Title 14,
948	Chapter 1, Parts 107 and 108, of the Code of Federal
949	Regulations, relating to airport security and airplane operator
950	security. An airport authority police officer has the authority
951	to enforce each security program, and each passenger-screening
952	program, required by the Aviation and Transportation Security
953	Act, Public Law 107-71, or any successor statute.
954	(e) An airport authority police officer shall promptly
955	deliver each person arrested and charged with a felony to the
956	sheriff of the county within which the offense occurred and each
957	person arrested and charged with a misdemeanor to the applicable
958	authority as may be provided by law, but otherwise to the
959	sheriff of the county in which the offense occurred.
960	(f) Each airport authority police officer must meet the
961	minimum standards established by the Criminal Justice Standards
962	and Training Commission of the Department of Law Enforcement and
963	chapter 943, Florida Statutes, for law enforcement officers.
964	Each airport authority police officer must, before entering into
965	the performance of his or her duties, take the oath of office
966	established by the airport authority. The airport authority
967	shall enter into a good and sufficient bond on each airport
968	authority police officer, payable to the Governor and his
969	successors in office, in the penal sum of $5,000 with a surety
970	company authorized to do business in this state as surety
971	thereon and conditioned on the faithful performance of the
972	duties of the officer. The airport authority shall provide a
973	uniform set of identifying credentials to each airport authority
974	police officer it employs.
975	(g) In the performance of any of the powers, duties, and
976	functions authorized by law, airport authority police have the
977	same rights, protections, and immunities afforded other law
978	enforcement officers by general law.
979	(h) The airport authority may exercise and perform all the
980	powers and prerogatives conferred upon law enforcement agencies
981	by sections 932.701-932.704, Florida Statutes, with respect to
982	forfeiture of contraband.
983	(i) The airport authority, with the approval of the
984	Department of Law Enforcement, shall adopt rules, including, but
985	not limited to, the appointment, employment, and removal of
986	airport authority police and shall establish in writing a police
987	manual, including examples of how to handle a routine law
988	enforcement situation and an emergency law enforcement
989	situation. The airport authority shall furnish a copy of the
990	police manual to each of the airport authority police officers
991	it employs.
992	(4) Airport authority parking enforcement specialists.--
993	(a) The airport authority may provide for parking
994	enforcement specialists for the airport authority, who shall be
995	designated "airport authority parking enforcement specialists."
996	(b)1. An airport authority parking enforcement specialist
997	may enforce, on the airport grounds, all applicable laws and
998	ordinances relating to parking and may issue citations for
999	parking in violation of such laws or ordinances.
1000	2. An airport authority parking enforcement specialist may
1001	not carry a firearm or other weapon and does not have the
1002	authority to make arrests.
1003	(c) Each airport authority parking enforcement specialist
1004	must meet the minimum standards established by the Criminal
1005	Justice Standards and Training Commission of the Department of
1006	Law Enforcement for parking enforcement specialists.
1007	Section 15. Supplemental rules, regulations, and
1008	ordinances.--
1009	(1) The City of Sarasota, the County of Sarasota, and the
1010	County of Manatee, and their respective governing authorities,
1011	are each empowered and authorized to adopt all needful rules,
1012	regulations, and ordinances regarding the operation, guidance,
1013	docking, storing, parking, fueling, repairing, handling,
1014	loading, unloading, and conduct of all aircraft and motor
1015	vehicles of any kind with respect to their use or operation
1016	over, upon, and within the airport facilities or using airport
1017	facilities owned or operated by the authority, provided that
1018	such rules, regulations, or ordinances may not be enacted or
1019	adopted until the authority by its resolution has first
1020	requested the City of Sarasota, the County of Sarasota, or the
1021	County of Manatee, as the case may be, to enact and adopt such
1022	rules, regulations, and ordinances, pointing out the general
1023	matters or circumstances to be covered, and all rules, regu
1024	lations, and ordinances that are adopted and enacted pursuant to
1025	this act must be reasonable and in furtherance of the public
1026	health, safety, welfare, and interest.
1027	(2) The authority may adopt resolutions requesting the
1028	City of Sarasota, the County of Sarasota, and the County of
1029	Manatee to enact rules, regulations, and ordinances pursuant to
1030	the authority of this act.
1031	(3) All rules, regulations, and ordinances adopted and
1032	enacted pursuant to the authority of this act, whether enacted
1033	by the City of Sarasota, by the County of Sarasota, or by the
1034	County of Manatee, operate and are of effect throughout the
1035	territory comprising the lands of the authority and the airspace
1036	thereover, including the portions of that territory situated
1037	within the City of Sarasota and the portions of that territory
1038	outside that city in the Counties of Sarasota and Manatee.
1039	(4) The City of Sarasota, the County of Sarasota, and the
1040	County of Manatee each have full police powers throughout the
1041	territory comprising the lands of the authority and the airspace
1042	thereover, and each may appoint guards or police to as sist in
1043	the enforcement of such rules, regulations, and ordinances as it
1044	adopts pur suant to the authority of this act.
1045	(5) Rules and regulations enacted and adopted by either
1046	the County of Sarasota or the County of Manatee pursuant to the
1047	authority of this act shall be enforced as are the criminal
1048	laws. A violation of such rules and regulations is a
1049	misdemeanor.
1050	(6) The City of Sarasota may fix by ordinance penalties
1051	for the violation of the rules, regulations, and ordinances that
1052	it adopts pursuant to the authority of this act.
1053	Section 16. Beverage license.--
1054	(1) A beverage license, as is provided in sections 561.17 and
1055	561.19, Florida Statutes, shall be issued to the authority.
1056	(2) Such beverage license shall be issued upon proper
1057	application for license to conduct business, as provided by law.
1058	The application must be in the name of the Sarasota-Manatee
1059	Airport Authority, and when issued it must be issued in the name
1060	of such applicant. The applicant shall pay to the tax collector
1061	the license fee for the kind of license that the applicant
1062	desires, as provided by the Beverage Law.
1063	(3) The beverage license shall be for the term provided
1064	by, and subject to all provisions of, the Beverage Law and, in
1065	any proceeding for suspension or revocation of the license
1066	involved, notice and hearing shall be provided the authority to
1067	the same extent as provided licensees under the Beverage Law.
1068	Any business operated under such beverage license may be
1069	operated only by the authority or its lessee of the restaurant
1070	and cocktail lounge in the airline terminal building or
1071	administration building at the airport operated by the
1072	authority, and the license may be transferred to the lessee of
1073	that restaurant and cocktail lounge. The authority may make
1074	application for the transfer of the license, and the application
1075	must be approved by the Division of Alcoholic Beverages and
1076	Tobacco in accordance with the same procedure provided for in
1077	sections 561.18 and 561.19, Florida Statutes; however, any
1078	transfer of the beverage license to the lessee must be on the
1079	condition that if the lease is terminated at any time and for
1080	any cause, the lessee shall immediately retransfer the beverage
1081	license to the authority, and in the event of failure and
1082	refusal of the lessee to so retransfer the beverage license, it
1083	shall be retransferred to the authority upon proper request made
1084	in writing by the authority. Thereafter, the beverage license
1085	may be again transferred to any new lessee of the restaurant and
1086	cocktail lounge upon the same terms and conditions. The beverage
1087	license is at all times the property of the authority, subject
1088	to its transfer from time to time to enable the lessee of the
1089	restaurant and cocktail lounge to operate business under the
1090	beverage license authorized by this act.
1091	Section 17. Administrative procedure.--The authority is
1092	not an agency subject to the Administrative Procedure Act under
1093	chapter 120, Florida Statutes.
1094	Section 18. Tax exemption.--
1095	(1) The authority as a public body corporate is deemed a
1096	political subdivision within the meaning of the exemptions
1097	granted under section 196.199, Florida Statutes.
1098	(2) Any bonds issued under this act, their transfer, and
1099	the income therefrom (including any profit made on the sale
1100	thereof) are at all times free from taxation within the state,
1101	except that income derived from such bonds is subject to any tax
1102	imposed on such bonds by chapter 220, Florida Statutes, as from
1103	time to time amended, or any successor statute.
1104	Section 19. Additional method.--This act provides an
1105	additional and alternative method for the doing of the things
1106	authorized by this act, is supplemental and additional to powers
1107	conferred by other laws, and is not in derogation of or
1108	repealing of any powers now existing under any other law,
1109	whether general, special, or local; however, the issuance of
1110	bonds or refunding bonds under the provisions of this act shall
1111	comply with the requirements of any other general law applicable
1112	to the issuance of bonds.
1113	Section 20. Existing resolutions, contracts, and
1114	other obligations preserved.--
1115	(1) All existing resolutions of the authority and all
1116	existing bylaws, rules, and regulations of the authority not
1117	inconsistent with the provisions of this act continue in full
1118	force and effect until repealed, modified, or amended.
1119	(2) All contracts, orders, leases, bonds, notes, and other
1120	obligations or instruments entered into by the authority or for
1121	its benefit prior to the effective date of this act continue in
1122	full force and effect.
1123	(3) No action or proceeding of any nature (whether
1124	judicial or administrative) pending at the effective date of
1125	this act by or against the authority is abated or otherwise
1126	affected by the adoption of this act, and no judgment validating
1127	any bonds or notes of the authority may be set aside, annulled,
1128	or otherwise rendered ineffective by or on account of the
1129	adoption of this act.
1130	(4) Nothing in this act impairs the rights or incumbency
1131	of those who are authority members upon its effective date.
1132	Section 4.The provisions of this act are severable, and
1133	if any of its provisions shall be held unconstitutional by any
1134	court of competent jurisdiction, the decision of such court
1135	shall not affect or impair any of the remaining provisions.
1136	Section 5.Chapters 91-358, 92-242, 95-493, 97-322, and
1137	2000-480, Laws of Florida, are repealed.
1138	Section 6. This act shall take effect upon becoming a law.
1139