Amendment

Bill No. 1647

Amendment No. 480049

CHAMBER ACTION
Senate		House
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1	Representative Davis, D. offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 1.  Creation of Jacksonville Airport
6	Authority.--
7	(1)  The charter provisions concerning the airport
8	operations of the former Jacksonville Port Authority established
9	pursuant to Chapter 2001-319, Laws of Florida, as amended, are
10	hereby amended and restated in their entirety to read as
11	follows: There is hereby created and established as of October
12	1, 2001, a separate body politic and corporate to be known as
13	the Jacksonville Airport Authority and hereinafter referred to
14	singly as the "authority," which is created as an agency and
15	political subdivision of the State of Florida in the nature of
16	counties and not municipalities. This authority is authorized to
17	exercise its jurisdiction, powers, and duties within the
18	geographic area defined by the boundary lines of Duval County as
19	established by section 7.16, Florida Statutes, which boundary
20	lines also define the geographic area of the City of
21	Jacksonville, and outside such boundary lines as hereinafter
22	provided. The Jacksonville Airport Authority shall operate,
23	manage, and control all of the publicly owned airports and
24	ancillary facilities located within Duval County and outside
25	such boundary lines as hereinafter provided. The authority was
26	separated from the former Jacksonville Port Authority pursuant
27	to 2001-319, Laws of Florida, as amended, and this separation
28	shall be reviewed for performance and efficiency after a period
29	of 4 years from October 1, 2001.
30	(2)  The governing body for the Jacksonville Airport
31	Authority shall consist of seven members, three of whom shall be
32	appointed by the Mayor of the City of Jacksonville with the
33	confirmation of the council of the City of Jacksonville, and
34	four of whom shall be appointed by the Governor of Florida with
35	the confirmation of the Senate. Members shall serve for terms of
36	4 years commencing on October 1 of the year of the appointment
37	or for the unexpired portion of a term deemed to have commenced
38	on October 1. Members of the authority, during their terms,
39	shall serve at the pleasure of the Mayor or Governor, whoever
40	appointed the member. Members shall continue to serve on the
41	authority until their death, resignation, removal, or until
42	their respective successors are appointed and confirmed. A
43	vacancy occurring during the term of an appointed member on the
44	authority shall be filled only for the balance of the unexpired
45	term. Any member appointed to the authority for two consecutive
46	full terms shall not be eligible for appointment to the
47	authority for the next succeeding term. Provided, however,
48	notwithstanding the above, members initially appointed to the
49	authority shall serve in staggered terms to provide continuity
50	of experience to the authority with two gubernatorial
51	appointments and two mayoral appointments being for initial 2-
52	year terms, which shall count as a full term for purposes of
53	term limits provided herein.
54	(3)  The authority shall elect a chair, vice chair,
55	secretary, and treasurer from its members, and such other
56	officers it deems proper, not necessarily from its members, to
57	perform such duties as the authority may direct. Four members of
58	the authority shall constitute a quorum for the authority, but
59	at least four members of the authority must approve any action
60	to be taken by the authority. Resolutions adopted by the vote of
61	at least four members of the authority shall become effective
62	without further action by the authority. Each member of the
63	authority shall have one vote. The yeas and nays shall be called
64	and entered upon the minutes of each meeting upon the passage of
65	every resolution or other action of the authority. The authority
66	may meet at such times and places designated by it but shall
67	hold regular meetings as necessary and generally once a month.
68	Special meetings of the authority may be called upon the call of
69	its chair or any three members of the authority. The members of
70	the authority shall not be entitled to compensation, but members
71	and employees of the authority shall be entitled to payment of
72	reasonable expenses as provided by the council of the City of
73	Jacksonville.
74	(4)  The authority shall employ and fix the compensation of
75	a managing director who shall manage the affairs of the
76	authority under the supervision and control of the authority.
77	Such managing director may be given any title suitable to the
78	authority. The authority may employ such engineers, certified
79	public accountants, consultants, and employees as it may
80	require, and fix and pay their compensation. The authority may
81	use any of the services available to governmental units through
82	the Administration and Finance Department of the City of
83	Jacksonville, but is not required by law to do so. However, the
84	authority shall be required to use the legal services of the
85	City of Jacksonville, except in those cases when the chief legal
86	officer of the city determines that the city legal staff cannot
87	provide legal services in the required legal area. Such use of
88	city services, including, but not limited to, legal services,
89	shall be on contractual basis and the authority is authorized to
90	pay the city reasonable and fair compensation for such services
91	so furnished by the city and used by the authority. The use by
92	the authority of any such services furnished by the city shall
93	not obligate the authority, except to the extent it contracts
94	with the city, or otherwise subject the authority to any rules,
95	regulations, or ordinances of said city not otherwise applicable
96	to the authority under this act and the charter of said city.
97	The authority may delegate to one or more of its agents or
98	employees such of its powers as it may deem necessary to carry
99	out the purposes of this act, subject always to the supervision
100	and control of the authority, and may do any and all things
101	necessary to accomplish the purposes of this act.
102	(5)  The provisions of section 286.012, Florida Statutes,
103	requiring any member of the authority present at a meeting to
104	vote unless there is a possible conflict of interest, and the
105	provisions of sections 112.311-112.3175, Florida Statutes, and
106	as the same may be amended in the future, relating to financial
107	disclosure and conflicts of interest, shall apply to each member
108	of the authority.
109	Section 2.  Definitions.--In the interpretation hereof, the
110	following words and terms shall be taken to include the
111	following meanings when the context shall require or permit:
112	(1)  The term "bonds" means and embraces bonds, notes,
113	certificates, and other financial obligations issued by the
114	authority for financing or refinancing purposes and, except
115	where otherwise required by the context, notes and other
116	instruments executed to evidence obligations of the authority
117	for the repayment of borrowed funds.
118	(2)  The term "county" means the County of Duval.
119	(3)  The term "city" or "City of Jacksonville" means the
120	consolidated government of the City of Jacksonville created
121	pursuant to section 9, Article VIII of the State Constitution.
122	(4)  The term "federal agency" means and includes the
123	United States, the President of the United States, and any
124	department, or corporation, agency, or instrumentality thereof,
125	heretofore or hereafter created, designated, or established by
126	the United States.
127	(5)  Words importing the singular number shall include the
128	plural number in each case and vice versa, and words importing
129	persons shall include firms and corporations.
130	(6)  The term "project" embraces any one or any combination
131	of two or more of the following, to wit: facilities for the
132	construction, manufacture, repair, or maintenance of airplanes,
133	helicopters, and aircraft of all kinds; other facilities,
134	directly or indirectly related to the promotion and development
135	of airborne and airport activities, commerce, travel,
136	exploration, and researching; and other airport facilities of
137	all kinds, including, but not limited to, landings, ramps,
138	runways, taxiways, warehouses, terminals, refrigeration, and
139	cold storage plants and facilities, tiedown and parking areas
140	and facilities, intermodal, railroad, air, and motor terminals
141	for passengers, freight, exploration, and research, rolling
142	stock, airplanes, helicopters, conveyors, and appliances of all
143	kinds for the handling, storage, inspection, and transportation
144	of freight and the handling of passenger traffic, mail, express,
145	and freight, administration and service buildings, toll
146	highways, tunnels, causeways, and bridges connected therewith or
147	incident or auxiliary thereto, and may include all property,
148	structures, facilities, rights, easements, and franchises
149	relating to any such project deemed necessary or convenient for
150	the acquisition, construction, purchase, or operation thereof.
151	The authority is authorized to use such of its real property as
152	it deems fit for facilities for recreational programs and
153	activities, provided, however, that such programs and activities
154	are approved by a simple majority vote of the Jacksonville City
155	Council.
156	(7)  The term "cost," as applied to improvements, means the
157	cost of constructing or acquiring improvements as hereinabove
158	defined and shall embrace the cost of all labor and materials,
159	the cost of all machinery and equipment, financing charges, the
160	cost of engineering and legal expenses, plans, specifications,
161	and such other expenses as may be necessary or incident to such
162	construction or acquisition.
163	(8)  The term "cost," as applied to a project acquired,
164	constructed, extended, or enlarged, includes the purchase price
165	of any project acquired, the cost of improvements, the cost of
166	such construction, extension, or enlargement, the cost of all
167	lands, properties, rights, easements, and franchises acquired,
168	the cost of all machinery and equipment, financing charges,
169	interest during construction, and, if deemed advisable, for up
170	to 1 year after completion of construction, cost of
171	investigations and audits, and of engineering and legal
172	services, and all other expenses necessary or incident to
173	determining the feasibility or practicability of such
174	acquisition or construction, administrative expense, and such
175	other expenses as may be necessary or incident to the financing
176	herein authorized and to the acquisition or construction of a
177	project and the placing of the same in operation. Any cost,
178	obligation or expense incurred by the authority prior to the
179	issuance of revenue bonds under the provisions of this act,
180	including, without limitation, costs for engineering studies and
181	for estimates of cost and of revenue and for other technical,
182	financial, or legal services in connection with the acquisition
183	or construction of any project, may be regarded as a part of the
184	cost of such project.
185	Section 3.  Powers.--The authority shall have the below
186	specified powers (in addition to other powers otherwise
187	conferred by law) and shall also have all powers that relate to
188	airport issues vested in the former Jacksonville Port Authority:
189	(1)  To adopt, use, and alter at will a corporate seal; to
190	sue and be sued, implead and be impleaded, complain, and defend
191	in all courts; to exercise the power of eminent domain to
192	acquire property for any authorized purposes, including the
193	taking of such property ancillary to said power in the manner
194	from time to time provided by the laws of the State of Florida;
195	to accept grants, gifts, and donations; and to enter into
196	contracts, leases, or other transactions with any legal entity
197	or person, including any federal agency, the state, any agency
198	of the state, the County of Duval, the City of Jacksonville, or
199	with any other public body of the state.
200	(2)  To adopt rules and regulations with reference to all
201	projects and matters under the control of the authority. All
202	rules and regulations promulgated and all impositions and
203	exactions made by the authority hereof shall be just and
204	reasonable and consistent with public interest and their
205	application shall be subject to review by certiorari in any
206	court of proper and competent jurisdiction. All rules and
207	regulations shall be a matter of public record (except as
208	otherwise provided by applicable law) and copies thereof shall
209	be dispensed at cost to all applicants therefor.
210	(3)  To construct, acquire, establish, improve, extend,
211	enlarge, reconstruct, re-equip, maintain, repair, and operate
212	any project as herein defined.
213	(4)  Subject to the jurisdiction of the United States and
214	the State of Florida, to construct, establish, improve, maintain
215	and/or manage (directly or indirectly through management
216	agreements, consulting agreements or other similar arrangements)
217	airports and related facilities within or outside the county,
218	all upon such terms and conditions as may be determined by the
219	authority and not prohibited by the United States and the State
220	of Florida.
221	(5)  To acquire for any project authorized by this act by
222	grant, purchase, gift, devise, condemnation by eminent domain
223	proceedings, exchange, or in any other manner, all property,
224	real or personal, or any estate or interest therein, upon such
225	terms and conditions as the authority shall by resolution fix
226	and determine. The right of eminent domain herein conferred
227	shall be exercised by the authority in the manner provided by
228	law.
229	(6)  To issue revenue bonds, payable solely from revenues,
230	to pay all or a part of the cost of acquisition, construction,
231	extension, enlargement, improvement, or modernization of any
232	project, and to pledge the revenues to secure the payment of
233	bonds.
234	(7)  To enter into arrangements with airlines, railroads,
235	any intermodal or common carrier, or any other commercial
236	enterprise related to the authority's basic mission, if the
237	authority shall deem it advantageous so to do.
238	(8)  To make and enter into all contracts and agreements
239	and to do and perform all acts and deeds necessary and
240	incidental to the performance of the duties of the authority and
241	the exercise of its powers; to make and execute leases or
242	agreements for the use and occupation of the property and/or
243	projects under the control of the authority on such terms,
244	conditions, and period of time as it may determine; and to sell
245	and dispose of such property and/or projects as shall no longer
246	be needed for the uses and purposes of the authority on such
247	terms and conditions as shall be prescribed by resolution of the
248	authority; however, before disposing of any real property which
249	was acquired from either the city or county, other than by
250	purchase or by swap, the authority shall give written notice to
251	the governmental unit from which such real property was
252	acquired. If said governmental unit desires to accept a
253	reconveyance of said real property, it shall give the authority
254	written notice of such intention within 30 days from the date of
255	mailing of the authority's notice regarding the disposal of such
256	property, and the authority shall make the reconveyance of such
257	property to said governmental unit forthwith. If within such 30
258	days said governmental unit does not notify the authority in
259	writing of a desire to accept a reconveyance of said property or
260	refuses to accept a reconveyance of same, the authority may sell
261	and dispose of same on such terms and conditions as shall be
262	prescribed by resolution of the authority. The authority shall
263	not sell real property for less than the appraised value.
264	(9)  To the extent permitted by law to fix, regulate, and
265	collect rates and charges for the services and facilities
266	furnished by any project under the control of the authority; to
267	establish, limit, and control the use of any project as may be
268	deemed necessary to ensure the proper operation of the project;
269	and to impose sanctions to promote and enforce compliance with
270	any rule or regulation which the authority may adopt in the
271	regulation of the airports and related facilities under its
272	control.
273	(10)  To fix the rates for airports and related facilities
274	and warehousing, storage, landing, port, and terminal charges
275	for the use of the facilities owned or operated by the
276	authority.
277	(11)  To solicit air carriers, shipping lines, intermodal
278	or common carriers, and other businesses and to do all things
279	necessary or advisable to promote commerce and increase
280	passenger traffic and freight tonnage through the airports
281	operated by the authority; to publicize, advertise, and promote
282	the activities and projects authorized by this act and to
283	promote the objects of the authority in the manner set forth by
284	resolution of the authority; to make known to the users,
285	potential users, and public in general the advantages,
286	facilities, resources, products, attractions, and attributes of
287	the activities and projects authorized by this act; to further
288	create a favorable climate of opinion concerning the activities
289	and projects authorized and indicated by this act; to cooperate,
290	including the expenditure of funds to and with other agencies,
291	both public and private, in accomplishing the purposes
292	enumerated and indicated by this act; and, in furtherance
293	thereof, to authorize expenditures for any and all of the
294	purposes herein enumerated, including, but not limited to,
295	meals, hospitality, and entertainment of persons in the interest
296	of promoting and engendering good will toward the activities and
297	projects herein authorized, provided, however, that funds
298	obtained under chapters 159 and 315, Florida Statutes, may not
299	be used for such purposes. Whenever an expenditure of funds for
300	any of the foregoing purposes is made by a member or employee of
301	the authority, the authority may reimburse such member or
302	employee therefor, but only in the manner duly authorized by the
303	authority.
304	(12)  To receive and accept from any federal or state
305	agency grants for or in aid of the construction, improvement, or
306	operation of any project and to receive and accept contributions
307	from any source of money, property, labor, or other things of
308	value.
309	(13)  To make any and all applications required by the
310	Treasury Department and other departments or agencies of the
311	Federal Government as a condition precedent to the establishment
312	within or without the county of a free port, foreign trade zone,
313	or area for the reception from foreign countries of articles or
314	commerce; to expedite and encourage foreign commerce, and the
315	handling, processing, and delivery thereof into foreign commerce
316	free from the payment of custom duties; and, provided there is
317	an economic benefit to the authority and/or Duval County, to
318	enter into any agreements required by such departments or
319	agencies in connection therewith and to make like applications
320	and agreements with respect to the establishment within and
321	without said county of one or more bonded warehouses.
322	(14)  To enter into any contract with a legal entity,
323	person, the State of Florida, the Federal Government, or any
324	agency of said governments, which may be necessary for
325	development of any project related to the authority's basic
326	mission.
327	(15)  To make or cause to be made such surveys,
328	investigations, studies, borings, maps, plans, drawings, and
329	estimates of cost and revenues as the authority may deem
330	necessary and may prepare and adopt a comprehensive plan or
331	plans for the location, construction, improvement, and
332	development of any project.
333	(16)  To grant exclusive or nonexclusive franchises to
334	persons, firms, or corporations for the operation of airport
335	property or facilities, including restaurants, cafeterias, bars,
336	cigar and cigarette stands, newsstands, buses, taxicabs, vending
337	machines, hotels, motels, service stations, real estate
338	developments, and other concessions in, on, and in connection
339	with any property and/or project owned and operated by the
340	authority. In granting such franchises, it shall be the duty of
341	the authority to investigate and consider the qualifications and
342	ability of the lessee or concessionaires to provide or perform
343	the contemplated services and the revenues which will be derived
344	therefrom by the authority and to exercise sound prudent
345	business judgment on behalf of the authority with respect
346	thereto, calling for bids when practicable and when the
347	interests of the authority will best be served by such action.
348	(17)  To enter into contracts with utility companies or
349	others for the supplying by said utility companies or others of
350	water, electricity, or telephone service to or in connection
351	with any project.
352	(18)  To pledge by resolution or contract the revenues
353	arising from the operation of any project or projects owned and
354	operated by the authority, or under its control, to the payment
355	of the cost of operation, maintenance, repair, improvement,
356	extension, or enlargement of the project or projects from the
357	operation of which such revenues are received and for the
358	payment of principal and interest on bonds issued in connection
359	with any such project or projects and to combine for financing
360	purposes any two or more projects constructed or acquired by the
361	authority under the provisions of this act. In any such case the
362	authority may adopt separate budgets for the operation of such
363	project or projects. In every such case such revenues shall be
364	expended exclusively for the payment of the costs of operation,
365	maintenance, repair, improvement, extension, and enlargement of
366	the project or projects from the operation of which such
367	revenues arise, for the performance of the authority's contracts
368	in connection with such project or projects, and for the payment
369	of principal of premium, if any, and interest requirements of
370	any bonds issued in connection with the project or projects. Any
371	surplus of such funds remaining on hand at the end of any year
372	shall be carried forward and may be expended in the succeeding
373	year for the payment of the costs of operation of such project
374	or projects or for the repair, improvement, or extension thereof
375	as the authority may determine, unless such surplus has been
376	pledged for the payment of principal of premium, if any, and
377	interest on bonds, in which event any such surplus shall be
378	applied in accordance with the resolution pledging the same.
379	(19)  To do all other acts and things necessary or proper
380	in the exercise of the powers herein granted.
381	(20)  To do all acts or things necessary or proper to be
382	and serve as a local governmental body within the meaning of
383	section 10(c)(2), Article VII of the State Constitution, with
384	respect to any project as defined therein.
385	(21)  To appoint officers for the administration of
386	criminal justice, or as set forth by general law.
387	Section 4.  Issuance of bonds.--
388	(1)  The authority is authorized to issue general
389	obligation bonds or revenue bonds of the authority for the
390	purpose of paying all or a part of the cost of any one or more
391	projects as herein defined, including the cost of enlargement,
392	expansion, or development of such project whether the property
393	used therefor has previously been acquired or not, and the cost
394	of removing therefrom or relocating or reconstructing at another
395	location any buildings, structures, or facilities, and for the
396	purpose of paying off and retiring any bonds issued or assumed
397	under the provisions of this act.
398	(2)  The bonds of each issue shall be authorized by
399	resolution of the authority and shall be dated, shall mature at
400	such time or times not exceeding 40 years from their date or
401	dates, as may be determined by the authority, and may be made
402	redeemable before maturity, at the option of the authority, at
403	such price or prices and under such terms and conditions as may
404	be fixed by the authority prior to the issuance of the bonds.
405	The authority shall determine the form of bonds, including any
406	interest coupons to be attached thereto, and the manner of
407	execution of the bonds and shall fix the denomination or
408	denominations of the bonds and the place or places of payment of
409	principal and interest, which may be at any bank or trust
410	company within or without the state. The resolution authorizing
411	the issuance of the bonds shall contain such provisions relating
412	to the use of the proceeds from the sale of the bonds and for
413	the protection and security of holders of the bonds, including
414	their rights and remedies, and the rights, powers, privileges,
415	duties, and obligations of the authority with respect to the
416	same, as shall be determined by the authority. In case any
417	officer whose signature or facsimile of whose signature shall
418	appear on any bonds or coupons shall cease to be such officer
419	before the delivery of such bonds, such signature or such
420	facsimile shall nevertheless be valid and sufficient for all
421	purposes to the same extent as if such officer had remained in
422	office until such delivery. The bonds may be issued in coupon,
423	registered, or book entry form, as the authority may determine,
424	and provisions may be made for the registration of any coupon
425	bonds as to principal alone and also as to both principal and
426	interest and for the reconversion into coupon bonds of any bonds
427	registered as to both principal and interest.
428	(3)  Prior to any public sale of bonds, the authority may,
429	in addition to any other publication and notice to the financial
430	community, cause notice to be given by publication in a daily
431	newspaper published and having a general circulation in the city
432	that the authority will receive bids for the purchase of the
433	bonds at the office of the authority in the city. Said notice
434	may be published once not less than 15 days prior to the date
435	set for receiving the bids. Said notice may specify the amount
436	of the bonds offered for sale, state that the bids shall be
437	sealed bids, and give the schedule of the maturities of the
438	proposed bonds and such other pertinent information as may be
439	prescribed in the resolution authorizing the issuance of such
440	bonds or any resolution subsequent thereto. Bidders may be
441	invited to name the rate or rates of interest which the bonds
442	are to bear or the authority may name rates of interest and
443	invite bids thereon. In addition to publication of notice of the
444	proposed sale, a copy of such advertisement may be given to the
445	Florida Division of Bond Finance and to at least three
446	recognized bond dealers in the state in the time established by
447	applicable law.
448	(4)  Except as otherwise provided in this subsection, bonds
449	and refunding bonds issued pursuant to this act may be sold at
450	public sale and shall be awarded to the bidder whose bid
451	produces the lowest true interest cost to the authority. The
452	authority shall reserve the right to reject any or all bids.
453	Notwithstanding the foregoing, bonds and refunding bonds issued
454	pursuant to this act may be sold at private sale at such price
455	or prices as the authority shall determine to be in its best
456	interest. However, any price less than 100 percent of par value
457	shall be subject to section 215.84, Florida Statutes, as it may
458	be amended from time to time. In no event shall said bonds be
459	sold at a net interest cost to the authority in excess of the
460	legal limit, as established by section 215.84, Florida Statutes,
461	or according to said section as it may be amended from time to
462	time. The net interest cost of bonds shall be determined by
463	taking the aggregate amount of interest at the rate or rates
464	specified in the bonds, computed from the date of the bonds to
465	the date of the various stated maturities thereof, and deducting
466	therefrom the amount of any premium offered in excess of the par
467	value of the bonds or adding thereto the amount of any discount
468	offered below the par value of the bonds with interest computed
469	on a 360-day basis. Pending the preparation of definitive bonds,
470	interim bonds may be issued to the purchaser or purchasers of
471	such bonds and may contain such terms and conditions as the
472	authority may determine.
473	(5)  The authority shall require all bidders for said bonds
474	to enclose a certified or bank cashier's check, in the amount of
475	2 percent of the total par value of the bonds offered for sale,
476	drawn on an incorporated bank or trust company payable
477	unconditionally to the order of the authority, as a guarantee of
478	good faith in the performance of each bid. The checks of the
479	unsuccessful bidders shall be returned immediately upon the
480	award of the bonds and the check of the successful bidder shall
481	be retained by the authority and credited against the full
482	purchase price of the bonds at the time of delivery or retained
483	as and for liquidated damages in case of the failure of such
484	bidder to fulfill the terms of his or her bid.
485	(6)  No general obligation bonds shall be issued by the
486	authority hereunder unless the issuance of such bonds shall have
487	been approved by a majority of the votes cast by qualified
488	voters in an election held for such purpose. Whenever the
489	authority, by resolution, requests the council of the City of
490	Jacksonville to hold such an election, said council shall, on
491	behalf of the authority, hold, conduct, canvass, and announce
492	the results of such election in accordance with the procedure
493	prescribed by law for the issuance of county bonds. The expenses
494	of such election shall be paid by the authority. In no event
495	shall such general obligation bonds be construed or considered
496	to be bonds of the City of Jacksonville or any other
497	municipality but shall be solely bonds of the authority that
498	issues the bonds.
499	(7)  The authority is authorized to borrow money and to
500	issue notes for any purpose or purposes for which bonds may be
501	issued under the provisions of this act and to refund the same
502	and to issue notes in anticipation of the receipt of the
503	proceeds of the sale of any such bonds.
504	(8)  Subject to the restrictions contained in subsections
505	(2), (3), and (4) of this section, the authority shall have the
506	power to provide for the issuance of refunding bonds of the
507	authority for the purpose of refunding any revenue bonds or
508	general obligation bonds, or any combination of general
509	obligation or revenue bonds then outstanding which have been
510	assumed by the authority or issued for the purpose of financing
511	the cost of making enlargements, extensions, and improvements to
512	any project acquired, constructed, or operated under the
513	provisions of this act. The authority is further authorized to
514	provide for the issuance of revenue bonds or general obligation
515	bonds, or any combination thereof, of the authority for the
516	combined purpose of:
517	(a)  Paying the cost of enlargement, extension,
518	reconstruction, or improvement of any project or combination of
519	projects.
520	(b)  Refunding revenue bonds or general obligation bonds,
521	or any combination thereof, which have been assumed by the
522	authority under the provisions of this act (or its predecessor
523	act) which shall then be outstanding and which shall then have
524	matured or be subject to redemption or can be acquired for
525	retirement. The issuance of such bonds, the maturities or other
526	details thereof, the rights or remedies of the holders thereof,
527	and the rights, powers, privileges, duties, and obligations of
528	the authority with respect to the same shall be set forth in the
529	resolution of the authority authorizing the issuance of such
530	bonds.
531	Section 5.  Budget and finance.--The fiscal year of the
532	authority shall commence on October 1 of each year and end on
533	the following September 30. The authority shall prepare and
534	submit its budget to the council of the City of Jacksonville on
535	or before July 1 for the ensuing fiscal year. The council,
536	consistent with the provisions of the Charter of the City of
537	Jacksonville, may increase or decrease the appropriation
538	(budget) requested by the authority on a total basis or a line-
539	by-line basis; however, the appropriation for construction,
540	reconstruction, enlargement, expansion, improvement, or
541	development of any project or projects authorized to be
542	undertaken by the former Jacksonville Port Authority and the
543	authority shall not be reduced below the amount required under
544	the terms and provisions of any outstanding bonds.
545	Section 6.  Rights of bondholders.--All bonds issued by the
546	City of Jacksonville or the former Jacksonville Port Authority
547	related to properties transferred to the authority and bonds
548	issued under authority of chapter 63-1447, Laws of Florida,
549	remain the liability, responsibility, and obligation of the
550	issuer and the rights of the holders of existing outstanding
551	bonds shall be unimpaired. Rights, duties, and obligations of
552	the authority with respect to the property, and any bonds
553	related thereto, transferred to it by the City of Jacksonville
554	or the former Jacksonville Port Authority are ratified and
555	remain unchanged.
556	Section 7.  Rights of employees.--
557	(1)  Except as provided in subsection (2), all employment
558	rights and employee benefits authorized under section 11,
559	chapter 63-1447, Laws of Florida, as amended, are hereby
560	confirmed, ratified, and continued, notwithstanding the repeal
561	of said chapter 63-1447, Laws of Florida, as amended. Effective
562	October 1, 2001, in order to preserve the rights of employees of
563	the former Jacksonville Port Authority to continue participation
564	in the Florida Retirement System pursuant to chapter 121,
565	Florida Statutes, the authority created by this act (and its
566	predecessor act) shall be a county agency and employees of the
567	authority shall participate in the Florida Retirement System,
568	notwithstanding any law to the contrary. Effective October 1,
569	2001, those employees of the former Jacksonville Port Authority
570	who were assigned to any activity related to the operation of
571	the airport facilities shall become employees of the
572	Jacksonville Airport Authority created by this act (and its
573	predecessor act). Effective October 1, 2001, central
574	administrative employees shall be employed by either the
575	Jacksonville Airport Authority or the Jacksonville Port
576	Authority, formerly known as the Jacksonville Seaport Authority,
577	created by this act (and its predecessor act) or as otherwise
578	agreed by both. It is expressly provided that none of those
579	employees of the former Jacksonville Port Authority who remain
580	with the authority created by this act (and its predecessor act)
581	shall lose any rights or benefits of whatsoever kind or nature
582	afforded to them by any law, ordinance, collective bargaining
583	agreement, or existing policy or plan, including, but not
584	limited to, pension benefits by virtue of the change in
585	corporate structure. In order to effectively implement the
586	foregoing, the authority shall perform all functions with regard
587	to its own employees that prior to the operation of the two
588	authorities created by this act (and its predecessor act) were
589	performed by the former Jacksonville Port Authority. In order to
590	specifically preserve the rights of employees of the former
591	Jacksonville Port Authority to continue participation in the
592	Florida Retirement System, pursuant to chapter 121, Florida
593	Statutes, the authority created by this act (and its predecessor
594	act) shall be a county authority and employees of this authority
595	who are currently participating in the Florida Retirement System
596	and all employees of the authority after October 1, 2001, shall
597	be eligible to participate in the Florida Retirement System.
598	(2)  Effective October 1, 2001, the Jacksonville Airport
599	Authority firefighters shall be merged into the City of
600	Jacksonville's Fire and Rescue Department and shall become
601	employees of the City of Jacksonville; however, with respect to
602	pension benefits such Jacksonville Airport Authority Fire
603	Department employees shall have a one-time option to continue
604	participation in the Florida Retirement System or to participate
605	in the City of Jacksonville Police and Fire Pension Fund. Such
606	option must be exercised no later than November 1, 2001. Upon
607	such merger, firefighting services for the airports owned and
608	operated by the Jacksonville Airport Authority shall be provided
609	by the Fire and Rescue Department of the City of Jacksonville
610	pursuant to a written contract to be entered into by and between
611	the City of Jacksonville and the Jacksonville Airport Authority.
612	Notwithstanding any provision in this act to the contrary, such
613	merger and contract shall become effective October 1, 2001. If
614	any firefighter who has vested in the Florida Retirement System
615	exercises the option to become a member of the City of
616	Jacksonville Police and Fire Pension Fund, such vested time
617	shall not be included in the City of Jacksonville Police and
618	Fire Pension Fund.
619	Section 8.  Cooperation with other units, boards, agencies,
620	legal entities, and persons.--Express authority and power is
621	hereby given and granted any county, municipality, drainage
622	district, road and bridge district, school district, or any
623	other political subdivision, board, commission, or individual
624	in, or of, the state to make and enter into with the authority,
625	contracts, leases, conveyances, or other agreements within the
626	provisions and purposes of this act. The authority is hereby
627	expressly authorized to make and enter into contracts, leases,
628	conveyances, and other agreements with any political
629	subdivision, agency, or instrumentality of the state and any and
630	all federal agencies, legal entities and persons for the purpose
631	of carrying out the provisions of this act.
632	Section 9.  Audits; bonds.--The authority shall issue
633	quarterly and annually financial reports of its operations and
634	shall also cause annual audits to be made of its operations and
635	affairs by an independent certified public accountant, in such
636	detail as may be necessary to show the financial operation and
637	status of the authority, and the same shall be preserved as
638	public records of the authority. The authority's records may be
639	audited at any time by the Council Auditor of the City of
640	Jacksonville. Members of the authority shall be required to give
641	a good and sufficient surety bond in the sum of $50,000, payable
642	to the City of Jacksonville, conditioned upon the faithful
643	performance of their duties as members of the authority. Such
644	bonds shall be approved by and filed with the clerk of the
645	circuit court of Duval County, and the premium or premiums
646	thereon shall be paid by the authority as a necessary expense of
647	the authority. The authority shall have power to require its
648	managing director and such others of its employees as they may
649	deem necessary to furnish good and sufficient surety bond in
650	such sum as the authority shall require, conditioned upon the
651	faithful performance of duties, and to pay the premium or
652	premiums thereon as a necessary expense of the authority.
653	Section 10.  Award of contracts.--
654	(1)  If the total cost, value, or amount of construction,
655	reconstruction, repairs, or work of any nature, including the
656	labor and materials, exceeds $50,000 when purchased by the
657	authority, any such construction, reconstruction, repairs, or
658	work exceeding the foregoing amount established for the
659	authority shall be done only under contract or contracts to be
660	entered into by the authority with the lowest responsible bidder
661	upon proper terms and after due public notice has been given
662	asking for competitive bids as hereinafter provided. The
663	foregoing requirement for competitive bidding shall not apply to
664	construction, reconstruction, repairs, or work done by employees
665	of the authority or by labor supplied under agreement with the
666	Federal Government or state government. The authority shall keep
667	a current list of responsible bidders and, whenever the
668	authority shall award a contract, the bidder shall come from
669	such list. No contract shall be entered into for construction,
670	improvement, or repair of any project, or any part thereof,
671	unless the contractor shall have given an undertaking with a
672	sufficient surety or sureties, approved by the authority and in
673	an amount fixed by the authority, for the faithful performance
674	of the contract. All such contracts shall provide, among other
675	things, that the person or corporation entering into such
676	contract with the authority will pay for all materials furnished
677	and services rendered for the performance of the contract and
678	that any person or corporation furnishing such materials or
679	rendering such services may maintain an action to recover for
680	the same against the obligor in the undertaking, as though such
681	person or corporation were named therein, provided the action is
682	brought within 1 year after the time the cause of action
683	accrued. Nothing in this section shall be construed to limit the
684	power of the authority to construct any project, or any part
685	thereof, or any addition, betterment, or extension thereto,
686	directly by the officers, agents, and employees of the
687	authority, or otherwise, other than by contract.
688	(2)  All supplies, equipment, machinery, and materials
689	exceeding $25,000 in cost purchased by the authority shall be
690	purchased by the authority only after due advertisement as
691	provided hereinafter. When purchasing supplies, equipment,
692	machinery, and materials pursuant to competitive bid as mandated
693	herein, the authority shall accept the lowest bid or bids, kind,
694	quality, and material being equal, but the authority shall have
695	the right to reject any or all bids or select a single item from
696	any bid. The provision as to bidding shall not apply to the
697	purchase of patented and manufactured products offered for sale
698	in a noncompetitive market or solely by a manufacturer's
699	authorized dealer.
700	(3)  The term "advertisement" or "due public notice"
701	wherever used in this section means a notice published at least
702	once a week for 2 consecutive weeks before the award of any
703	contract, in a daily newspaper published and having a general
704	circulation in the county, and in such other newspapers or
705	publications as the authority shall deem advisable.
706	(4)  Subject to the aforesaid provisions, the authority
707	may, but without intending by this provision to limit any powers
708	of the authority, enter into and carry out such contract or
709	establish or comply with such rules and regulations concerning
710	labor and materials and other related matters in connection with
711	any project, or portion thereof, as the authority may deem
712	desirable or as may be requested by the Federal Government or
713	state government assisting in the financing of its projects, and
714	facilities related thereto or any part thereof, provided the
715	provisions of this subsection shall not apply to any case in
716	which the authority has taken over by transfer or assignment any
717	contract assigned to it or assumed by it in connection with the
718	transfer of city and county properties authorized under the
719	provisions of sections 11 and 12, or to any contract in
720	connection with projects which the authority may have had
721	transferred to it by any persons or private corporations, and
722	further provided the provisions of this section shall not apply
723	to any contract or agreement between the authority and any
724	engineers, architects, attorneys, or other professional services
725	or to any contract or agreement relating to fiscal advisors,
726	fiscal agents, or investment bankers, relating to the financing
727	of projects herein authorized.
728	Section 11.  Execution of instruments; examination of
729	claims.--All instruments in writing necessary to be signed by
730	the authority shall be executed by its chair and secretary. The
731	authority may, by resolution, designate one or more officers,
732	members, employees, or agents of the authority to execute
733	instruments in writing where it is necessary that such
734	instruments be signed by the authority. No expenditure of funds
735	of the authority shall be made except by voucher approved by the
736	authority and signed by its chair and secretary, or by one or
737	more officers, members, or employees of the authority as the
738	authority may designate by resolution. The foregoing authority
739	of the chair may be exercised by the vice chair in the absence
740	of the chair and the foregoing authority of the secretary may be
741	exercised by an assistant secretary designated by the authority
742	in the absence of the secretary. The authority shall provide for
743	the examination of all payrolls, bills, and other claims and
744	demands against the authority to determine before the same are
745	paid that they are duly authorized, in proper form, correctly
746	computed, legally due and payable, and that the authority has
747	funds on hand to make payment.
748	Section 12.  Transfer of assets and liabilities.--The
749	former Jacksonville Port Authority shall take all actions
750	necessary to convey, assign, transfer, and set over:
751	(1)  All of the rights, title, and interests of the former
752	Jacksonville Port Authority in and to its airport facilities,
753	including, without limitation, its real and personal property
754	and any interests therein, books, records, contracts, leases,
755	and all other property of any kind or nature related to the
756	operation of the airport, by operation of this act (and its
757	predecessor act), and without further act, to the authority.
758	(2)  All contracts and leases relating to the former
759	Jacksonville Port Authority's airport operations, shall, by
760	operation of this act (and its predecessor act), and without
761	further act, become contracts and leases of the authority.
762	(3)  All accounts receivable, accounts payable, and cash on
763	hand relating to the former Jacksonville Port Authority's
764	airport operations shall, by operation of this act (and its
765	predecessor act), and without further act, be transferred or
766	delivered to the authority.
767	(4)  All operating expenses, including taxes of all kinds
768	and all revenue and expense accruals of the former Jacksonville
769	Port Authority's airport operations shall be transferred to the
770	authority, on the effective date at transfer.
771	(5)  The conveyances specified in this section shall be
772	effective as of October 1, 2001.
773	Section 13.  Chapter 315, Florida Statutes, relating to
774	port facilities financing, also applicable.--The provisions of
775	chapter 315, Florida Statutes, relating to port facilities
776	financing, shall also be applicable to the authority.
777	Section 14.  Declaration of purposes.--The authority
778	created by this act and the purposes which it is intended to
779	serve is hereby found to be for a county and public purpose. The
780	authority is a political subdivision of the State of Florida, a
781	local governmental body within the meaning of section 10(c)(2),
782	Article VII of the State Constitution. Nothing in this act is
783	intended to create an entity which is exempt from ad valorem
784	taxation except as otherwise set forth by applicable law.
785	Section 2.  The powers of the authority created by this act
786	shall be construed liberally in favor of the authority. No
787	listing of powers included in this act is intended to be
788	exclusive or restrictive and the specific mention of, or failure
789	to mention, particular powers in this act shall not be construed
790	as limiting in any way the general powers of the authority as
791	stated in section 3. It is the intent of this act to grant the
792	authority full power and right to exercise all authority
793	necessary for the effective operation and conduct of the
794	authority. It is further intended that the authority should have
795	all implied powers necessary or incidental to carrying out the
796	expressed powers and the expressed purposes for which the
797	authority is created. The fact that this act specifically states
798	that the authority possesses a certain power does not mean that
799	the authority must exercise such power unless this act
800	specifically so requires.
801	Section 3.  The provisions of this act are severable and it
802	is the intention to confer the whole or any part of the powers
803	provided for herein and if any of the provisions of this act
804	shall be held unconstitutional by any court of competent
805	jurisdiction, the decision of such court shall not affect or
806	impair any of the remaining provisions.
807	Section 4.  Effective on the effective date of this act,
808	chapters 2001-319, 2002-349, and 2003-341, Laws of Florida, are
809	hereby repealed.
810	Section 5.  This act shall take effect upon becoming a law.
811
812	================= T I T L E  A M E N D M E N T =================
813
814	Remove the entire title and insert:
815	A bill to be entitled
816	An act relating to the Jacksonville Airport Authority,
817	Consolidated City of Jacksonville, Duval County; creating
818	and establishing separate charter provisions concerning
819	the airport authority known as the Jacksonville Airport
820	Authority, which was established effective October 1,
821	2001, pursuant to chapter 2001-319, Laws of Florida, as
822	amended; establishing the separate airport authority as a
823	county authority, providing for governing bodies,
824	appointment of members, terms, staggered terms, rules of
825	procedure, providing for employment of a managing director
826	and other employees, providing for interrelations with and
827	use of services of the City of Jacksonville; providing
828	definitions; establishing powers; providing for issuance
829	of bonds; providing for budgetary and financial matters;
830	providing for rights of bondholders; providing rights of
831	employees and participation in the Florida Retirement
832	System; providing for cooperation with other entities;
833	providing for audits and bonds; providing for purchasing,
834	procurement, and award of contracts; providing for
835	execution of instruments and examination of claims;
836	providing for transfer, effective October 1, 2001, of
837	assets and liabilities from the former consolidated
838	Jacksonville Port Authority to the separate airport
839	authority and for assumption of responsibilities; making
840	the Port Facilities Financing Act applicable to airport
841	operations; declaring a county and public purpose;
842	providing for liberal construction; providing for
843	severability; providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.