HB 1647

CS

CHAMBER ACTION

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

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