HB 1647

1
A bill to be entitled
2An act relating to the Jacksonville Airport Authority,
3Consolidated City of Jacksonville, Duval County; creating
4and establishing separate charter provisions concerning
5the airport authority known as the Jacksonville Airport
6Authority which was established effective October 1, 2001
7pursuant to chapter 2001-319, Laws of Florida, as amended;
8establishing the separate airport authority as a county
9authority, providing for governing bodies, appointment of
10members, terms, staggered terms, rules of procedure,
11providing for employment of a managing director and other
12employees, providing for interrelations with and use of
13services of the City of Jacksonville; providing
14definitions; establishing powers; providing for issuance
15of bonds; providing for budgetary and financial matters;
16providing for rights of bondholders; providing rights of
17employees and participation in the Florida Retirement
18System; providing for cooperation with other entities;
19providing for audits and bonds; providing for purchasing,
20procurement, and award of contracts; providing for
21execution of instruments and examination of claims;
22effective October 1, 2001, providing for transfer of
23assets and liabilities from the former consolidated
24Jacksonville Port Authority to the separate airport
25authority and for assumption of responsibilities; making
26the Port Facilities Financing Act applicable to airport
27operations; declaring a county and public purpose;
28providing for liberal construction; providing for
29severability; amending chapter 92-341 Laws of Florida, to
30renumber sections therein providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 1.  Creation of Jacksonville Airport
35Authority.--
36     (1)  The charter provisions concerning the airport
37operations of the former Jacksonville Port Authority established
38pursuant to Chapter 2001-319, Laws of Florida, as amended, are
39hereby amended and restated in their entirety to read as
40follows: There is hereby created and established as of October
411, 2001 a separate body politic and corporate to be known as the
42Jacksonville Airport Authority and hereinafter referred to
43singly as the ?authority?, which is created as an agency and
44political subdivision of the State of Florida in the nature of
45counties and not municipalities. This authority is authorized to
46exercise its jurisdiction, powers, and duties within the
47geographic area defined by the boundary lines of Duval County as
48established by s. 7.16, Florida Statutes, which boundary lines
49also define the geographic area of the City of Jacksonville, and
50outside such boundary lines as hereinafter provided.  The
51Jacksonville Airport Authority shall operate, manage, and
52control all of the publicly owned airports and ancillary
53facilities located within Duval County and outside such boundary
54lines as hereinafter provided. The authority was separated from
55the former Jacksonville Port Authority pursuant to 2001-319,
56Laws of Florida, as amended, and this separation shall be
57reviewed for performance and efficiency after a period of 4
58years from October 1, 2001.
59     (2)  The governing body for the Jacksonville Airport
60Authority shall consist of seven members, three of whom shall be
61appointed by the Mayor of the City of Jacksonville with the
62confirmation of the council of the City of Jacksonville, and
63four of whom shall be appointed by the Governor of Florida with
64the confirmation of the Senate.  Members shall serve for terms
65of 4 years commencing on October 1st of the year of the
66appointment or for the unexpired portion of a term deemed to
67have commenced on October 1st. Members of the authority, during
68their terms, shall serve at the pleasure of the Mayor or
69Governor, whoever appointed the member. Members shall continue
70to serve on the authority until their death, resignation,
71removal, or until their respective successors are appointed and
72confirmed. A vacancy occurring during a term of an appointed
73member on the authority shall be filled only for the balance of
74the unexpired term. Any member appointed to the authority for
75two consecutive full terms shall not be eligible for appointment
76to the authority for the next succeeding term. Provided,
77however, notwithstanding the above, members initially appointed
78to the authority shall serve in staggered terms to provide
79continuity of experience to the authority with two gubernatorial
80appointments and two mayoral appointments being for initial 2-
81year terms, which shall count as a full term for purposes of
82term limits herein.
83     (3)  The authority shall elect a chair, vice chair,
84secretary, and treasurer from its members, and such other
85officers it deems proper, not necessarily from its members, to
86perform such duties as the authority may direct. Four members of
87the authority shall constitute a quorum for the authority, but
88at least four members of the authority must approve any action
89to be taken by the authority. Resolutions adopted by the vote of
90at least four members of the authority shall become effective
91without further action by the authority. Each member of the
92authority shall have one vote. The yeas and nays shall be called
93and entered upon the minutes of each meeting upon the passage of
94every resolution or other action of the authority. The authority
95may meet at such times and places designated by it but shall
96hold regular meetings as necessary, and generally once a month.
97Special meetings of the authority may be called upon the call of
98its chair or any three members of the authority. The members of
99the authority shall not be entitled to compensation but members
100and employees of the authority shall be entitled to payment of
101reasonable expenses as provided by the council of the City of
102Jacksonville.
103     (4)  The authority shall employ and fix the compensation of
104a managing director who shall manage the affairs of the
105authority under the supervision and control of the authority.
106Such managing director may be given any title suitable to the
107authority. The authority may employ such engineers, certified
108public accountants, consultants, and employees as it may
109require, and fix and pay their compensation. The authority may
110use any of the services available to governmental units through
111the Administration and Finance Department of the City of
112Jacksonville, but is not required by law to do so. However, the
113authority shall be required to use the legal services of the
114City of Jacksonville, except in those cases when the chief legal
115officer of the city determines that the city legal staff cannot
116provide legal services in the required legal area. Such use of
117city services, including, but not limited to, legal services,
118shall be on contractual basis and the authority is authorized to
119pay the city reasonable and fair compensation for such services
120so furnished by the city and used by the authority. The use by
121the authority of any such services furnished by the city shall
122not obligate the authority except to the extent it contracts
123with the city, or otherwise subject the authority to any rules,
124regulations, or ordinances of said city not otherwise applicable
125to the authority under this act and the charter of said city.
126The authority may delegate to one or more of its agents or
127employees such of its powers as it may deem necessary to carry
128out the purposes of this act, subject always to the supervision
129and control of the authority, and may do any and all things
130necessary to accomplish the purposes of this act.
131     (5)  The provisions of section 286.012, Florida Statutes,
132requiring any member of the authority present at a meeting to
133vote unless there is a possible conflict of interest, and the
134provisions of sections 112.311-112.3175, Florida Statutes, and
135as the same may be amended in the future, relating to financial
136disclosure and conflicts of interest, shall apply to each member
137of the authority.
138     Section 2. Definitions.--In the interpretation hereof the
139following words and terms shall be taken to include the
140following meanings when the context shall require or permit:
141     (1)  The term ?bonds? means and embraces bonds, notes,
142certificates, and other financial obligations issued by the
143authority for financing or refinancing purposes, and except
144where otherwise required by the context, notes, and other
145instruments executed to evidence obligations of the authority
146for the repayment of borrowed funds.
147     (2)  The term ?County? means the County of Duval.
148     (3)  The term ?city? or ?City of Jacksonville? means the
149consolidated government of the City of Jacksonville created
150pursuant to section 9, Article VIII of the State Constitution.
151     (4)  The term ?federal agency? means and includes the
152United States, the President of the United States, and any
153department of, or corporation, agency, or instrumentality
154thereof, heretofore or hereafter created, designated, or
155established by the United States.
156     (5)  Words importing singular number shall include the
157plural number in each case and vice versa, and words importing
158persons shall include firms and corporations.
159     (6)  The term ?project? embraces any one or any combination
160of 2 or more of the following, to-wit: facilities for the
161construction, manufacture, repair, or maintenance of airplanes,
162helicopters, and aircraft of all kinds, and other facilities,
163directly or indirectly related to the promotion and development,
164of airborne and airport activities, commerce, travel,
165exploration, and researching, and other airport  facilities of
166all kinds, including, but not limited to,  landings, ramps,
167runways, taxiways, warehouses, terminals, refrigerating, and
168cold storage plants and facilities, tiedown and parking areas
169and facilities, intermodal and railroad and air  and motor
170terminals for passengers, freight, exploration, and research,
171rolling stock, airplanes, helicopters, conveyors, and appliances
172of all kinds for the handling, storage, inspection, and
173transportation of freight and the handling of passenger traffic,
174mail, express, and freight, administration and service
175buildings, toll highways, tunnels, causeways, and bridges
176connected therewith or incident or auxiliary thereto, and may
177include all property, structures, facilities, rights, easements,
178and franchises relating to any such project deemed necessary or
179convenient for the acquisition, construction, purchase, or
180operation thereof. The authority is authorized to use such of
181its real property as it deems fit for facilities for
182recreational programs and activities, provided, however, that
183such programs and activities are approved by a simple majority
184vote of the Jacksonville City Council.
185     (7)  The term ?cost,? as applied to improvements, means the
186cost of constructing or acquiring improvements as hereinabove
187defined and shall embrace the cost of all labor and materials,
188the cost of all machinery and equipment, financing charges, the
189cost of engineering and legal expenses, plans, specifications,
190and such other expenses as may be necessary or incident to such
191construction or acquisition.
192     (8)  The term ?cost,? as applied to a project acquired,
193constructed, extended, or enlarged, includes the purchase price
194of any project acquired, the cost of improvements, the cost of
195such construction, extension, or enlargement, the cost of all
196lands, properties, rights, easements, and franchises acquired,
197the cost of all machinery and equipment, financing charges,
198interest during construction, and if deemed advisable, for up to
1991 year after completion of construction, cost of investigations
200and audits, and of engineering and legal services, and all other
201expenses necessary or incident to determining the feasibility or
202practicability of such acquisition or construction,
203administrative expense, and such other expenses as may be
204necessary or incident to the financing herein authorized and to
205the acquisition or construction of a project and the placing of
206the same in operation. Any cost, obligation or expense incurred
207by the authority prior to the issuance of revenue bonds under
208the provisions of this act including, without limitation, costs
209for engineering studies and for estimates of cost and of revenue
210and for other technical, financial, or legal services in
211connection with the acquisition or construction of any project
212may be regarded as a part of the cost of such project.
213     Section 3.  Powers.--The authority shall have the below
214specified powers (in addition to other powers otherwise
215conferred by law) and shall also have all powers that relate to
216airport issues vested in the former Jacksonville Port Authority:
217     (1)  To adopt, use, and alter at will a corporate seal; to
218sue and be sued, implead and be impleaded, complain, and defend
219in all courts; to exercise the power of eminent domain to
220acquire property for any authorized purposes, including the
221taking of such property ancillary to said power in the manner
222from time to time provided by the laws of the State of Florida;
223to accept grants, gifts, and donations; and to enter into
224contracts, leases, or other transactions with any legal entity
225or person, including any federal agency, the state, any agency
226of the state, the County of Duval, the City of Jacksonville, or
227with any other public body of the state.
228     (2)  To adopt rules and regulations with reference to all
229projects and matters under the control of the authority. All
230rules and regulations promulgated and all impositions and
231exactions made by the authority hereof shall be just and
232reasonable and consistent with public interest and their
233application shall be subject to review by certiorari in any
234court of proper and competent jurisdiction. All rules and
235regulations shall be a matter of public record (except as
236otherwise provided by applicable law) and copies thereof shall
237be dispensed at cost to all applicants therefor.
238     (3)  To construct, acquire, establish, improve, extend,
239enlarge, reconstruct, re-equip, maintain, repair, and operate
240any project as herein defined.
241     (4)  Subject to the jurisdiction of the United States and
242the State of Florida, to construct, establish, improve, maintain
243and/or manage (directly or indirectly through management
244agreements, consulting agreements or other similar arrangements)
245airports and related facilities within or outside the county,  
246all upon such terms and conditions as may be determined by the
247authority and not prohibited by the United States and the State
248of Florida.
249     (5)  To acquire for any project authorized by this act by
250grant, purchase, gift, devise, condemnation by eminent domain
251proceedings, exchange, or in any other manner, all property,
252real or personal, or any estate or interest therein, upon such
253terms and conditions as the authority shall by resolution fix
254and determine. The right of eminent domain herein conferred
255shall be exercised by the authority in the manner provided by
256law.
257     (6)  To issue revenue bonds, payable solely from revenues,
258to pay all or a part of the cost of acquisition, construction,
259extension, enlargement, improvement, or modernization of any
260project and to pledge the revenues to secure the payment of
261bonds.
262     (7)  To enter into arrangements with airlines , railroads,
263any intermodal or common carrier, or any other commercial
264enterprise, related to the authority?s basic mission, if the
265authority shall deem it advantageous so to do.
266     (8)  To make and enter into all contracts and agreements
267and to do and perform all acts and deeds necessary and
268incidental to the performance of the duties of the authority and
269the exercise of its powers; to make and execute leases or
270agreements for the use and occupation of the property and/or
271projects under the control of the authority on such terms,
272conditions, and period of time as it may determine; and to sell
273and dispose of such property and/or projects as shall no longer
274be needed for the uses and purposes of the authority on such
275terms and conditions as shall be prescribed by resolution of the
276authority; however, before disposing of any real property which
277was acquired from either the city or county, other than by
278purchase or by swap, the authority shall give written notice to
279the governmental unit from which such real property was
280acquired. If said governmental unit desires to accept a
281reconveyance of said real property, it shall give the authority
282written notice of such intention within 30 days from the date of
283mailing of the authority?s notice regarding the disposal of such
284property, and the authority shall make the reconveyance of such
285property to said governmental unit forthwith. If within such 30
286days, said governmental unit does not notify the authority in
287writing of a desire to accept a reconveyance of said property or
288refuses to accept a reconveyance of same the authority may sell
289and dispose of same on such terms and conditions as shall be
290prescribed by resolution of the authority. The authority shall
291not sell real property for less than the appraised value.
292     (9)  To the extent permitted by law to fix, regulate, and
293collect rates and charges for the services and facilities
294furnished by any project under the control of the authority, and
295to establish, limit, and control the use of any project as may
296be deemed necessary to ensure the proper operation of the
297project; and to impose sanctions to promote and enforce
298compliance with any rule or regulation which the authority may
299adopt in the regulation of the  airports and related facilities
300under its control.
301     (10)  To fix the rates for airports and related facilities,
302warehousing, storage, landing and port and terminal charges for
303the use of the facilities owned or operated by the authority.
304     (11)  To solicit air carriers, shipping lines, intermodal
305or common carriers, and other businesses and to do all things
306necessary or advisable to promote commerce and increase
307passenger traffic and freight tonnage through the airports
308operated by the authority; to publicize, advertise, and promote
309the activities and projects authorized by this act and to
310promote the objects of the authority in the manner set forth by
311resolution of the authority; to make known to the users,
312potential users, and public in general the advantages,
313facilities, resources, products, attractions, and attributes of
314the activities and projects authorized by this act; to further
315create a favorable climate of opinion concerning the activities
316and projects authorized and indicated by this act; to cooperate,
317including expenditure of funds, to and with other agencies, both
318public and private, in accomplishing the purposes enumerated and
319indicated by this act; and in furtherance thereof, to authorize
320expenditures for any and all of the purposes herein enumerated,
321including, but not limited to, meals, hospitality, and
322entertainment of persons in the interest of promoting and
323engendering good will toward the activities and projects herein
324authorized, provided, however, that funds obtained under
325chapters 159 and 315 Florida Statutes may not be used for such
326purposes. Whenever an expenditure of funds for any of the
327foregoing purposes is made by a member or employee of the
328authority, the authority may reimburse such member or employee
329therefor, but only in the manner duly authorized by the
330authority.
331     (12)  To receive and accept from any federal or state
332agency grants for or in aid of the construction, improvement, or
333operation of any project and to receive and accept contributions
334from any source of money, property, labor, or other things of
335value.
336     (13)  To make any and all applications required by the
337Treasury Department and other departments or agencies of the
338federal government as a condition precedent to the establishment
339within or without the county of a free port, foreign trade zone,
340or area for the reception from foreign countries of articles or
341commerce and to expedite and encourage foreign commerce, and the
342handling, processing, and delivery thereof into foreign commerce
343free from the payment of custom duties and, provided there is an
344economic benefit to the authority and/or Duval County, to enter
345into any agreements required by such departments or agencies in
346connection therewith and to make like applications and
347agreements with respect to the establishment within and without
348said county of one or more bonded warehouses.
349     (14)  To enter into any contract with a legal entity,
350person, the State of Florida, the federal government, or any
351agency of said governments, which may be necessary for
352development of any project related to the authority?s basic
353mission.
354     (15)  To make or cause to be made such surveys,
355investigations, studies, borings, maps, plans, drawings, and
356estimates of cost and revenues as the authority may deem
357necessary and may prepare and adopt a comprehensive plan or
358plans, for the location, construction, improvement, and
359development of any project.
360     (16)  To grant exclusive or non-exclusive franchises to
361persons, firms, or corporations for the operation of, airport
362property or facilities including restaurants, cafeterias, bars,
363cigar and cigarette stands, newsstands, buses, taxicabs, vending
364machines, hotels, motels, service stations, real estate
365developments, and other concessions in, on, and in connection
366with any property and/or project owned and operated by the
367authority. In granting such franchises it shall be the duty of
368the authority to investigate and consider the qualifications and
369ability of the lessee or concessionaires to provide or perform
370the contemplated services and the revenues which will be derived
371therefrom by such authority and to exercise sound prudent
372business judgment on behalf of the authority with respect
373thereto, calling for bids when practicable and when the
374interests of the authority will best be served by such action.
375     (17)  To enter into contracts with utility companies or
376others for the supplying by said utility companies or others of
377water, electricity, or telephone service to or in connection
378with any project.
379     (18)  To pledge by resolution or contract the revenues
380arising from the operation of any project or projects owned and
381operated by the authority, or under its control, to the payment
382of the cost of operation, maintenance, repair, improvement,
383extension, or enlargement of the project or projects from the
384operation of which such revenues are received and for the
385payment of principal and interest on bonds issued in connection
386with any such project or projects and to combine for financing
387purposes any two or more projects constructed or acquired by
388such authority under the provisions of this act. In any such
389case the authority may adopt separate budgets for the operation
390of such project or projects. In every such case such revenues
391shall be expended exclusively for the payment of the costs of
392operation, maintenance, repair, improvement, extension, and
393enlargement of the project or projects from the operation of
394which such revenues arise, for the performance of the
395authority?s contracts in connection with such project or
396projects, and for the payment of principal of premium, if any,
397and interest requirements of any bonds issued in connection with
398the project or projects. Any surplus of such funds remaining on
399hand at the end of any year shall be carried forward and may be
400expended in the succeeding year for the payment of the costs of
401operation of such project or projects or for the repair,
402improvement, or extension thereof as the authority may
403determine, unless such surplus has been pledged for the payment
404of principal of premium, if any, and interest on bonds, in which
405event any such surplus shall be applied in accordance with the
406resolution pledging the same.
407     (19)  To do all other acts and things necessary or proper
408in the exercise of the powers herein granted.
409     (20)  To do all acts or things necessary or proper to be
410and serve as a local governmental body within the meaning of
411Article VII, Section 10(c)(2) of the State Constitution, with
412respect to any project as defined therein.
413     (21)  To appoint officers for the administration of
414criminal justice, or as set forth by general law.
415     Section 4.  Issuance of bonds.--
416     (1)  The authority is authorized to issue general
417obligation bonds or revenue bonds of the authority for the
418purpose of paying all or a part of the cost of any one or more
419projects as herein defined, including the cost of enlargement,
420expansion, or development of such project whether the property
421used therefor has previously been acquired or not, and the cost
422of removing therefrom or relocating or reconstructing at another
423location any buildings, structures, or facilities, and for the
424purpose of paying off and retiring any bonds issued or assumed
425under the provisions of this act.
426     (2)  The bonds of each issue shall be authorized by
427resolution of the authority and shall be dated, shall mature at
428such time or times not exceeding 40 years from their date or
429dates, as may be determined by the authority, and may be made
430redeemable before maturity, at the option of the authority, at
431such price or prices and under such terms and conditions as may
432be fixed by the authority prior to the issuance of the bonds.
433The authority shall determine the form of bonds, including any
434interest coupons to be attached thereto, and the manner of
435execution of the bonds and shall fix the denomination or
436denominations of the bonds and the place or places of payment of
437principal and interest, which may be at any bank or trust
438company within or without the state. The resolution authorizing
439the issuance of the bonds shall contain such provisions relating
440to the use of the proceeds from the sale of the bonds and for
441the protection and security of holders of the bonds, including
442their rights and remedies, and the rights, powers, privileges,
443duties, and obligations of the authority with respect to the
444same, as shall be determined by the authority. In case any
445officer whose signature or facsimile of whose signature shall
446appear on any bonds or coupons shall cease to be such officer
447before the delivery of such bonds, such signature or such
448facsimile shall nevertheless be valid and sufficient for all
449purposes to the same extent as if such officer had remained in
450office until such delivery. The bonds may be issued in coupon
451registered or book entry form, as the authority may determine,
452and provisions may be made for the registration of any coupon
453bonds as to principal alone and also as to both principal and
454interest and for the reconversion into coupon bonds of any bonds
455registered as to both principal and interest. The issuance of
456such bonds shall not be subject to any limitations or conditions
457contained in any other law.
458     (3)  Prior to any public sale of bonds, the authority may,
459in addition to any other publication and notice to the financial
460community, cause notice to be given by publication in a daily
461newspaper published and having a general circulation in the city
462that the authority will receive bids for the purchase of the
463bonds at the office of the authority in the city. Said notice
464may be published once not less than 15 days prior to the date
465set for receiving the bids. Said notice may specify the amount
466of the bonds offered for sale, state that the bids shall be
467sealed bids, and give the schedule of the maturities of the
468proposed bonds and such other pertinent information as may be
469prescribed in the resolution authorizing the issuance of such
470bonds or any resolution subsequent thereto. Bidders may be
471invited to name the rate or rates of interest which the bonds
472are to bear or the authority may name rates of interest and
473invite bids thereon. In addition to publication of notice of the
474proposed sale, a copy of such advertisement may be given to the
475Florida Division of Bond Finance and to at least three
476recognized bond dealers in the state, in the time established by
477applicable law.
478     (4)  Except as otherwise provided in this subsection, bonds
479and refunding bonds issued pursuant to this act maybe sold at
480public sale and shall be awarded to the bidder whose bid
481produces the lowest true interest cost to the authority. The
482authority shall reserve the right to reject any or all bids.
483Notwithstanding the foregoing, bonds and refunding bonds issued
484pursuant to this act may be sold at private sale at such price
485or prices as the authority shall determine to be in its best
486interest. However, any price less than 100 percent of par value
487shall be subject to section 215.84, Florida Statutes, as it may
488be amended from time to time. In no event shall said bonds be
489sold at a net interest cost to the authority in excess of the
490legal limit, as established by section 215.84, Florida Statutes,
491or according to said section as it may be amended from time to
492time. The net interest cost of bonds shall be determined by
493taking the aggregate amount of interest at the rate or rates
494specified in the bonds, computed from the date of the bonds to
495the date of the various stated maturities thereof, and deducting
496therefrom the amount of any premium offered in excess of the par
497value of the bonds or adding thereto the amount of any discount
498offered below the par value of the bonds with interest computed
499on a 360-day basis. Pending the preparation of definitive bonds,
500interim bonds may be issued to the purchaser or purchasers of
501such bonds and may contain such terms and conditions as the
502authority may determine.
503     (5)  The authority shall require all bidders for said bonds
504to enclose a certified or bank cashier?s check, in the amount of
5052 percent of the total par value of the bonds offered for sale,
506drawn on an incorporated bank or trust company payable
507unconditionally to the order of the authority, as a guarantee of
508good faith in the performance of each bid. The checks of the
509unsuccessful bidders shall be returned immediately upon the
510award of the bonds and the check of the successful bidder shall
511be retained by the authority and credited against the full
512purchase price of the bonds at the time of delivery or retained
513as and for liquidated damages in case of the failure of such
514bidder to fulfill the terms of his or her bid.
515     (6)  No general obligation bonds shall be issued by the
516authority hereunder unless the issuance of such bonds shall have
517been approved by a majority of the votes cast by qualified
518voters in an election held for such purpose. Whenever the
519authority, by resolution, requests the council of the City of
520Jacksonville to hold such an election, said council shall, on
521behalf of the authority, hold, conduct, canvass, and announce
522the results of such election in accordance with the procedure
523prescribed by law for the issuance of county bonds. The expenses
524of such election shall be paid by the authority. In no event
525shall such general obligation bonds be construed or considered
526to be bonds of the City of Jacksonville or any other
527municipality but shall be solely bonds of the authority that
528issues the bonds.
529     (7)  The authority is authorized to borrow money and to
530issue notes for any purpose or purposes for which bonds may be
531issued under the provisions of this act and to refund the same
532and to issue notes in anticipation of the receipt of the
533proceeds of the sale of any such bonds.
534     (8)  Subject to the restrictions contained in subsections
535(2), (3), and (4) of section 4., the authority shall have the
536power to provide for the issuance of refunding bonds of the
537authority for the purpose of refunding any revenue bonds or
538general obligation bonds, or any combination of general
539obligation or revenue bonds then outstanding which have been
540assumed by the authority or issued for the purpose of financing
541the cost of making enlargements, extensions, and improvements to
542any project acquired, constructed, or operated under the
543provisions of this act. The authority is further authorized to
544provide for the issuance of revenue bonds or general obligation
545bonds, or any combination thereof, of the authority for the
546combined purpose of:
547     (a)  Paying the cost of enlargement, extension,
548reconstruction, or improvement of any project or combination of
549projects.
550     (b)  Refunding revenue bonds or general obligation bonds,
551or any combination thereof, which have been assumed by the
552authority under the provisions of this act (or its predecessor
553act) which shall then be outstanding and which shall then have
554matured or be subject to redemption or can be acquired for
555retirement. The issuance of such bonds, the maturities or other
556details thereof, the rights or remedies of the holders thereof,
557and the rights, powers, privileges, duties, and obligations of
558the authority with respect to the same shall be set forth in the
559resolution of the authority authorizing the issuance of such
560bonds.
561     Section 5.  Budget and finance.--The fiscal year of the
562authority shall commence on October 1 of each year and end on
563the following September 30. The authority shall prepare and
564submit its budget to the council of the City of Jacksonville on
565or before July 1 for the ensuing fiscal year. The council,
566consistent with the provisions of the Charter of the City of
567Jacksonville, may increase or decrease the appropriation
568[budget] requested by the authority on a total basis or a line-
569by-line basis; however, the appropriation for construction,
570reconstruction, enlargement, expansion, improvement, or
571development of any project or projects authorized to be
572undertaken by the former Jacksonville Port Authority and the
573authority shall not be reduced below the amount required under
574the terms and provisions of any outstanding bonds.
575     Section 6.  Rights of bondholders.--All bonds issued by the
576City of Jacksonville or the former Jacksonville Port Authority
577related to properties transferred to the authority and bonds
578issued under authority of chapter 63-1447, Laws of Florida,
579remain the liability, responsibility, and obligation of the
580issuer and the rights of the holders of existing outstanding
581bonds shall be unimpaired. Rights, duties, and obligations of
582the authority with respect to the property, and any bonds
583related thereto, transferred to it by the City of Jacksonville
584or the former Jacksonville Port Authority are ratified and
585remain unchanged.
586     Section 7.  Rights of employees.--
587     (1)  Except as provided in paragraph (2) all employment
588rights and employee benefits authorized under section 11,
589chapter 63-1447, Laws of Florida, as amended, are hereby
590confirmed, ratified, and continued, notwithstanding the repeal
591of said chapter 63-1447, Laws of Florida, as amended. Effective
592October 1, 2001, in order to preserve the rights of employees of
593the former Jacksonville Port Authority to continue participation
594in the Florida Retirement System pursuant to chapter 121,
595Florida Statutes, the authority created by this act (and its
596predecessor act) shall be a county agency and employees of each
597such authority shall participate in the Florida Retirement
598System, notwithstanding any law to the contrary. Effective
599October 1, 2001, those employees of the former Jacksonville Port
600Authority who were assigned to any activity related to the
601operation of the  airport facilities shall become employees of
602the Jacksonville Airport Authority created by this act (and its
603predecessor act). Effective October 1, 2001, central
604administrative employees shall be employed by either the
605Jacksonville Airport Authority or the Jacksonville Port
606Authority, formerly known as the Jacksonville Seaport Authority
607created by this act (and its predecessor act) or as otherwise
608agreed by both. It is expressly provided that none of those
609employees of the former Jacksonville Port Authority who remain
610with the authority created by this act (and its predecessor act)
611shall lose any rights or benefits of whatsoever kind or nature
612afforded to them by any law, ordinance, collective bargaining
613agreement, or existing policy or plan, including, but not
614limited to, pension benefits by virtue of the change in
615corporate structure. In order to effectively implement the
616foregoing, the authority shall perform all functions with regard
617to its own employees that prior to the operation of the two
618authorities created by this act (and its predecessor act) were
619performed by the former Jacksonville Port Authority. In order to
620specifically preserve the rights of employees of the former
621Jacksonville Port Authority to continue participation in the
622Florida Retirement System, pursuant to chapter 121, Florida
623Statutes, the authority created by this act (and its predecessor
624act) shall be a county authority and employees of this authority
625who are currently participating in the Florida Retirement System
626and all employees of the authority after October 1, 2001 shall
627be eligible to participate.
628     (2)  Effective October 1, 2001, the Jacksonville Airport
629Authority firefighters shall become merged into the City of
630Jacksonville?s Fire and Rescue Department and shall become
631employees of the City of Jacksonville;  however, with respect to
632pension benefits such Jacksonville Airport Authority Fire
633Department employees shall have a one time option to continue
634participation in the Florida Retirement System or to participate
635in the City of Jacksonville Police and Fire Pension Fund.  Such
636option must be exercised no later than November 1, 2001.  Upon
637such merger, firefighting services for the airports owned and
638operated by the Jacksonville Airport Authority shall be provided
639by the Fire and Rescue Department of the City of Jacksonville
640pursuant to a written contract to be entered into by and between
641the City of Jacksonville and the Jacksonville Airport Authority.
642 Notwithstanding any provision in this act to the contrary, such
643merger and contract shall become effective October 1, 2001.  If
644any firefighter who has vested in the Florida Retirement System
645exercises the option to become a member of the City of
646Jacksonville Police and Fire Pension Fund, such vested time
647shall not be included in the City of Jacksonville Police and
648Fire Pension Fund.
649     Section 8.  Cooperation with other units, boards, agencies,
650legal entities and persons.--Express authority and power is
651hereby given and granted any county, municipality, drainage
652district, road and bridge district, school district, or any
653other political subdivision, board, commission, or individual
654in, or of, the state to make and enter into with the authority,
655contracts, leases, conveyances, or other agreements within the
656provisions and purposes of this act. The authority is hereby
657expressly authorized to make and enter into contracts, leases,
658conveyances, and other agreements with any political
659subdivision, agency, or instrumentality of the state and any and
660all federal agencies, legal entities and persons for the purpose
661of carrying out the provisions of this act.
662     Section 9.  Audits; bonds.--The authority shall issue
663quarterly and annually financial reports of its operations and
664shall also cause annual audits to be made of its operations and
665affairs by an independent certified public accountant, in such
666detail as may be necessary to show the financial operation and
667status of the authority, and the same shall be preserved as
668public records of the authority. The authority?s records may be
669audited at any time by the Council Auditor of the City of
670Jacksonville. Members of the authority shall be required to give
671a good and sufficient surety bond in the sum of $50,000, payable
672to the City of Jacksonville, conditioned upon the faithful
673performance of their duties as members of the authorities. Such
674bonds shall be approved by and filed with the clerk of the
675circuit court of Duval County, and the premium or premiums
676thereon shall be paid by the authority as a necessary expense of
677the authority. The authority shall have power to require its
678managing director and such others of its employees as they may
679deem necessary to furnish good and sufficient surety bond in
680such sum as the authority shall require, conditioned upon the
681faithful performance of duties, and to pay the premium or
682premiums thereon as a necessary expense of the authority.
683     Section 10.  Award of contracts.--
684     (1) If the total cost, value, or amount of construction,
685reconstruction, repairs, or work of any nature, including the
686labor and materials, exceeds $50,000 when purchased by the
687authority, any such construction, reconstruction, repairs, or
688work exceeding the foregoing amount established for the
689authority shall be done only under contract or contracts to be
690entered into by the authority with the lowest responsible bidder
691upon proper terms and after due public notice has been given
692asking for competitive bids as hereinafter provided. The
693foregoing requirement for competitive bidding shall not apply to
694construction, reconstruction, repairs, or work done by employees
695of the authority or by labor supplied under agreement with the
696federal or state government. The authority shall keep a current
697list of responsible bidders and, whenever the authority shall
698award a contract, the bidder shall come from such list. No
699contract shall be entered into for construction, improvement, or
700repair of any project, or any part thereof, unless the
701contractor shall have given an undertaking with a sufficient
702surety or sureties, approved by the authority, and in an amount
703fixed by the authority, for the faithful performance of the
704contract. All such contracts shall provide, among other things,
705that the person or corporation entering into such contract with
706the authority will pay for all materials furnished and services
707rendered for the performance of the contract and that any person
708or corporation furnishing such materials or rendering such
709services may maintain an action to recover for the same against
710the obligor in the undertaking, as though such person or
711corporation were named therein, provided the action is brought
712within 1 year after the time the cause of action accrued.
713Nothing in this section shall be construed to limit the power of
714the authority to construct any project, or any part thereof, or
715any addition, betterment, or extension thereto, directly by the
716officers, agents, and employees of the authority, or otherwise,
717other than by contract.
718     (2)  All supplies, equipment, machinery, and materials
719exceeding $25,000 in cost purchased by the authority shall be
720purchased by the authority only after due advertisement as
721provided hereinafter. When purchasing supplies, equipment,
722machinery, and materials pursuant to competitive bid as mandated
723herein, the authority shall accept the lowest bid or bids, kind,
724quality, and material being equal but the authority shall have
725the right to reject any or all bids or select a single item from
726any bid. The provision as to bidding shall not apply to the
727purchase of patented and manufactured products offered for sale
728in a noncompetitive market or solely by a manufacturer?s
729authorized dealer.
730     (3)  The term ?advertisement? or ?due public notice?
731wherever used in this section means a notice published at least
732once a week for 2 consecutive weeks before the award of any
733contract, in a daily newspaper published and having a general
734circulation in the county, and in such other newspapers or
735publications as the authority shall deem advisable.
736     (4)  Subject to the aforesaid provisions, the authority
737may, but without intending by this provision to limit any powers
738of the authority, enter into and carry out such contract or
739establish or comply with such rules and regulations concerning
740labor and materials and other related matters in connection with
741any project, or portion thereof, as the authority may deem
742desirable or as may be requested by the federal or state
743government assisting in the financing of its projects, and
744facilities related thereto, or any part thereof, provided the
745provisions of this subsection shall not apply to any case in
746which the authority has taken over by transfer or assignment any
747contract assigned to it or assumed by it in connection with the
748transfer of city and county properties authorized under the
749provisions of sections 11 and 12, or to any contract in
750connection with projects which the authority may have had
751transferred to it by any persons or private corporations, and
752further provided the provisions of this section shall not apply
753to any contract or agreement between the authority and any
754engineers, architects, attorneys, or other professional services
755or to any contract or agreement relating to fiscal advisors,
756fiscal agents, or investment bankers, relating to the financing
757of projects herein authorized.
758     Section 11.  Execution of instruments; examination of
759claims.--All instruments in writing necessary to be signed by
760the authority shall be executed by its chair and secretary. The
761authority may, by resolution, designate one or more officers,
762members, employees, or agents of such authority to execute
763instruments in writing where it is necessary that such
764instruments be signed by the authority. No expenditure of funds
765of the authority shall be made except by voucher approved by the
766authority and signed by its chair and secretary, or by one or
767more officers, members, or employees of the authority as the
768authority may designate by resolution. The foregoing authority
769of the chair may be exercised by the vice chair in the absence
770of the chair and the foregoing authority of the secretary may be
771exercised by an assistant secretary designated by the authority
772in the absence of the secretary. The authority shall provide for
773the examination of all payrolls, bills, and other claims and
774demands against the authority to determine before the same are
775paid that they are duly authorized, in proper form, correctly
776computed, legally due and payable, and that the authority has
777funds on hand to make payment.
778     Section 12.  Transfer of assets and liabilities.- The
779former Jacksonville Port Authority shall take all actions
780necessary to convey, assign, transfer, and set over:
781     (1)  All of the right, title, and interests of the former
782Jacksonville Port Authority in and to its  airport facilities,
783including, without limitation, its real and personal property
784and any interests therein, books, records, contracts, leases,
785and all other property of any kind or nature related to the
786operation of the airport, by operation of this act (and its
787predecessor act), and without further act, to the authority.
788     (2)  All contracts and leases relating to the former
789Jacksonville Port Authority?s airport operations, shall, by
790operation of this act (and its predecessor act), and without
791further act, become contracts and leases of the authority .
792     (3)  All accounts receivable, accounts payable, and cash on
793hand relating to the former Jacksonville Port Authority?s
794airport operations shall, by operation of this act (and its
795predecessor act), and without further act, be transferred or
796delivered to the authority.
797     (4)  All operating expenses, including taxes of all kinds
798and all revenue and expense accruals of the former Jacksonville
799Port Authority's airport operations shall be transferred to the
800authority, on the effective date at transfer.
801     (5)  The conveyances specified in this section shall be
802effective as of October 1, 2001.
803     Section 13.  Chapter 315, Florida Statutes, relating to
804port facilities financing, also applicable.--The provisions of
805chapter 315, Florida Statutes, relating to port facilities
806financing, shall also be applicable to the authority.
807     Section 14.  Declaration of purposes.--The authority
808created by this act and the purposes which it is intended to
809serve is hereby found to be for a county and public purpose.
810Such authority is a political subdivision of the State of
811Florida, local governmental body within the meaning of Article
812VII, Section 10(c)(2) of the State Constitution. Nothing in this
813act is intended to create an entity which is exempt from ad
814valorem taxation except as otherwise set forth by applicable
815law.
816     Section 2.  The powers of the authority created by this act
817shall be construed liberally in favor of the authority. No
818listing of powers included in this act is intended to be
819exclusive or restrictive and the specific mention of, or failure
820to mention, particular powers in this act shall not be construed
821as limiting in any way the general powers of  the authority as
822stated in section 3. It is the intent of this act to grant the
823authority full power and right to exercise all authority
824necessary for the effective operation and conduct of the
825authority. It is further intended that the authority should have
826all implied powers necessary or incidental to carrying out the
827expressed powers and the expressed purposes for which the
828authority is created. The fact that this article specifically
829states that the authority possesses a certain power does not
830mean that the authority must exercise such power unless this
831article specifically so requires.
832     Section 3.  The provisions of this act are severable and it
833is the intention to confer the whole or any part of the powers
834provided for herein and if any of the provisions of this act
835shall be held unconstitutional by any court of competent
836jurisdiction, the decision of such court shall not affect or
837impair any of the remaining provisions.
838     Section 4.  Effective on the Effective Date defined below,
839chapters 2001-319, 2002-349, and 2003-341, Laws of Florida, are
840hereby repealed.
841     Section 5.  This act shall take effect upon becoming a law.


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