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,
72001, pursuant to chapter 2001-319, Laws of Florida, as
8amended; establishing the separate airport authority as a
9county authority, providing for governing bodies,
10appointment of members, terms, staggered terms, rules of
11procedure, providing for employment of a managing director
12and other employees, providing for interrelations with and
13use of services 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;
22providing for transfer, effective October 1, 2001, 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; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 1.  Creation of Jacksonville Airport
34Authority.--
35     (1)  The charter provisions concerning the airport
36operations of the former Jacksonville Port Authority established
37pursuant to Chapter 2001-319, Laws of Florida, as amended, are
38hereby amended and restated in their entirety to read as
39follows: There is hereby created and established as of October
401, 2001, a separate body politic and corporate to be known as
41the Jacksonville Airport Authority and hereinafter referred to
42singly as the "authority," which is created as an agency and
43political subdivision of the State of Florida in the nature of
44counties and not municipalities. This authority is authorized to
45exercise its jurisdiction, powers, and duties within the
46geographic area defined by the boundary lines of Duval County as
47established by section 7.16, Florida Statutes, which boundary
48lines also define the geographic area of the City of
49Jacksonville, and outside such boundary lines as hereinafter
50provided. The Jacksonville Airport Authority shall operate,
51manage, and control all of the publicly owned airports and
52ancillary facilities located within Duval County and outside
53such boundary lines as hereinafter provided. The authority was
54separated from the former Jacksonville Port Authority pursuant
55to 2001-319, Laws of Florida, as amended, and this separation
56shall be reviewed for performance and efficiency after a period
57of 4 years from October 1, 2001.
58     (2)  The governing body for the Jacksonville Airport
59Authority shall consist of seven members, three of whom shall be
60appointed by the Mayor of the City of Jacksonville with the
61confirmation of the council of the City of Jacksonville, and
62four of whom shall be appointed by the Governor of Florida with
63the confirmation of the Senate. Members shall serve for terms of
644 years commencing on October 1 of the year of the appointment
65or for the unexpired portion of a term deemed to have commenced
66on October 1. Members of the authority, during their terms,
67shall serve at the pleasure of the Mayor or Governor, whoever
68appointed the member. Members shall continue to serve on the
69authority until their death, resignation, removal, or until
70their respective successors are appointed and confirmed. A
71vacancy occurring during the term of an appointed member on the
72authority shall be filled only for the balance of the unexpired
73term. Any member appointed to the authority for two consecutive
74full terms shall not be eligible for appointment to the
75authority for the next succeeding term. Provided, however,
76notwithstanding the above, members initially appointed to the
77authority shall serve in staggered terms to provide continuity
78of experience to the authority with two gubernatorial
79appointments and two mayoral appointments being for initial 2-
80year terms, which shall count as a full term for purposes of
81term limits provided herein.
82     (3)  The authority shall elect a chair, vice chair,
83secretary, and treasurer from its members, and such other
84officers it deems proper, not necessarily from its members, to
85perform such duties as the authority may direct. Four members of
86the authority shall constitute a quorum for the authority, but
87at least four members of the authority must approve any action
88to be taken by the authority. Resolutions adopted by the vote of
89at least four members of the authority shall become effective
90without further action by the authority. Each member of the
91authority shall have one vote. The yeas and nays shall be called
92and entered upon the minutes of each meeting upon the passage of
93every resolution or other action of the authority. The authority
94may meet at such times and places designated by it but shall
95hold regular meetings as necessary and generally once a month.
96Special meetings of the authority may be called upon the call of
97its chair or any three members of the authority. The members of
98the authority shall not be entitled to compensation, but members
99and employees of the authority shall be entitled to payment of
100reasonable expenses as provided by the council of the City of
101Jacksonville.
102     (4)  The authority shall employ and fix the compensation of
103a managing director who shall manage the affairs of the
104authority under the supervision and control of the authority.
105Such managing director may be given any title suitable to the
106authority. The authority may employ such engineers, certified
107public accountants, consultants, and employees as it may
108require, and fix and pay their compensation. The authority may
109use any of the services available to governmental units through
110the Administration and Finance Department of the City of
111Jacksonville, but is not required by law to do so. However, the
112authority shall be required to use the legal services of the
113City of Jacksonville, except in those cases when the chief legal
114officer of the city determines that the city legal staff cannot
115provide legal services in the required legal area. Such use of
116city services, including, but not limited to, legal services,
117shall be on contractual basis and the authority is authorized to
118pay the city reasonable and fair compensation for such services
119so furnished by the city and used by the authority. The use by
120the authority of any such services furnished by the city shall
121not obligate the authority, except to the extent it contracts
122with the city, or otherwise subject the authority to any rules,
123regulations, or ordinances of said city not otherwise applicable
124to the authority under this act and the charter of said city.
125The authority may delegate to one or more of its agents or
126employees such of its powers as it may deem necessary to carry
127out the purposes of this act, subject always to the supervision
128and control of the authority, and may do any and all things
129necessary to accomplish the purposes of this act.
130     (5)  The provisions of section 286.012, Florida Statutes,
131requiring any member of the authority present at a meeting to
132vote unless there is a possible conflict of interest, and the
133provisions of sections 112.311-112.3175, Florida Statutes, and
134as the same may be amended in the future, relating to financial
135disclosure and conflicts of interest, shall apply to each member
136of the authority.
137     Section 2.  Definitions.--In the interpretation hereof, the
138following words and terms shall be taken to include the
139following meanings when the context shall require or permit:
140     (1)  The term "bonds" means and embraces bonds, notes,
141certificates, and other financial obligations issued by the
142authority for financing or refinancing purposes and, except
143where otherwise required by the context, notes and other
144instruments executed to evidence obligations of the authority
145for the repayment of borrowed funds.
146     (2)  The term "county" means the County of Duval.
147     (3)  The term "city" or "City of Jacksonville" means the
148consolidated government of the City of Jacksonville created
149pursuant to section 9, Article VIII of the State Constitution.
150     (4)  The term "federal agency" means and includes the
151United States, the President of the United States, and any
152department, or corporation, agency, or instrumentality thereof,
153heretofore or hereafter created, designated, or established by
154the United States.
155     (5)  Words importing the singular number shall include the
156plural number in each case and vice versa, and words importing
157persons shall include firms and corporations.
158     (6)  The term "project" embraces any one or any combination
159of two or more of the following, to wit: facilities for the
160construction, manufacture, repair, or maintenance of airplanes,
161helicopters, and aircraft of all kinds; other facilities,
162directly or indirectly related to the promotion and development
163of airborne and airport activities, commerce, travel,
164exploration, and researching; and other airport facilities of
165all kinds, including, but not limited to, landings, ramps,
166runways, taxiways, warehouses, terminals, refrigeration, and
167cold storage plants and facilities, tiedown and parking areas
168and facilities, intermodal, railroad, air, and motor terminals
169for passengers, freight, exploration, and research, rolling
170stock, airplanes, helicopters, conveyors, and appliances of all
171kinds for the handling, storage, inspection, and transportation
172of freight and the handling of passenger traffic, mail, express,
173and freight, administration and service buildings, toll
174highways, tunnels, causeways, and bridges connected therewith or
175incident or auxiliary thereto, and may include all property,
176structures, facilities, rights, easements, and franchises
177relating to any such project deemed necessary or convenient for
178the acquisition, construction, purchase, or operation thereof.
179The authority is authorized to use such of its real property as
180it deems fit for facilities for recreational programs and
181activities, provided, however, that such programs and activities
182are approved by a simple majority vote of the Jacksonville City
183Council.
184     (7)  The term "cost," as applied to improvements, means the
185cost of constructing or acquiring improvements as hereinabove
186defined and shall embrace the cost of all labor and materials,
187the cost of all machinery and equipment, financing charges, the
188cost of engineering and legal expenses, plans, specifications,
189and such other expenses as may be necessary or incident to such
190construction or acquisition.
191     (8)  The term "cost," as applied to a project acquired,
192constructed, extended, or enlarged, includes the purchase price
193of any project acquired, the cost of improvements, the cost of
194such construction, extension, or enlargement, the cost of all
195lands, properties, rights, easements, and franchises acquired,
196the cost of all machinery and equipment, financing charges,
197interest during construction, and, if deemed advisable, for up
198to 1 year after completion of construction, cost of
199investigations and audits, and of engineering and legal
200services, and all other expenses necessary or incident to
201determining the feasibility or practicability of such
202acquisition or construction, administrative expense, and such
203other expenses as may be necessary or incident to the financing
204herein authorized and to the acquisition or construction of a
205project and the placing of the same in operation. Any cost,
206obligation or expense incurred by the authority prior to the
207issuance of revenue bonds under the provisions of this act,
208including, without limitation, costs for engineering studies and
209for estimates of cost and of revenue and for other technical,
210financial, or legal services in connection with the acquisition
211or construction of any project, may be regarded as a part of the
212cost 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; to
295establish, limit, and control the use of any project as may be
296deemed necessary to ensure the proper operation of the project;
297and to impose sanctions to promote and enforce compliance with
298any rule or regulation which the authority may adopt in the
299regulation of the airports and related facilities under its
300control.
301     (10)  To fix the rates for airports and related facilities
302and warehousing, storage, landing, port, and terminal charges
303for the use of the facilities owned or operated by the
304authority.
305     (11)  To solicit air carriers, shipping lines, intermodal
306or common carriers, and other businesses and to do all things
307necessary or advisable to promote commerce and increase
308passenger traffic and freight tonnage through the airports
309operated by the authority; to publicize, advertise, and promote
310the activities and projects authorized by this act and to
311promote the objects of the authority in the manner set forth by
312resolution of the authority; to make known to the users,
313potential users, and public in general the advantages,
314facilities, resources, products, attractions, and attributes of
315the activities and projects authorized by this act; to further
316create a favorable climate of opinion concerning the activities
317and projects authorized and indicated by this act; to cooperate,
318including the expenditure of funds to and with other agencies,
319both public and private, in accomplishing the purposes
320enumerated and indicated by this act; and, in furtherance
321thereof, to authorize expenditures for any and all of the
322purposes herein enumerated, including, but not limited to,
323meals, hospitality, and entertainment of persons in the interest
324of promoting and engendering good will toward the activities and
325projects herein authorized, provided, however, that funds
326obtained under chapters 159 and 315, Florida Statutes, may not
327be used for such purposes. Whenever an expenditure of funds for
328any of the foregoing purposes is made by a member or employee of
329the authority, the authority may reimburse such member or
330employee therefor, but only in the manner duly authorized by the
331authority.
332     (12)  To receive and accept from any federal or state
333agency grants for or in aid of the construction, improvement, or
334operation of any project and to receive and accept contributions
335from any source of money, property, labor, or other things of
336value.
337     (13)  To make any and all applications required by the
338Treasury Department and other departments or agencies of the
339Federal Government as a condition precedent to the establishment
340within or without the county of a free port, foreign trade zone,
341or area for the reception from foreign countries of articles or
342commerce; to expedite and encourage foreign commerce, and the
343handling, processing, and delivery thereof into foreign commerce
344free from the payment of custom duties; and, provided there is
345an economic benefit to the authority and/or Duval County, to
346enter into any agreements required by such departments or
347agencies in connection therewith and to make like applications
348and agreements with respect to the establishment within and
349without said county of one or more bonded warehouses.
350     (14)  To enter into any contract with a legal entity,
351person, the State of Florida, the Federal Government, or any
352agency of said governments, which may be necessary for
353development of any project related to the authority's basic
354mission.
355     (15)  To make or cause to be made such surveys,
356investigations, studies, borings, maps, plans, drawings, and
357estimates of cost and revenues as the authority may deem
358necessary and may prepare and adopt a comprehensive plan or
359plans for the location, construction, improvement, and
360development of any project.
361     (16)  To grant exclusive or nonexclusive franchises to
362persons, firms, or corporations for the operation of airport
363property or facilities, including restaurants, cafeterias, bars,
364cigar and cigarette stands, newsstands, buses, taxicabs, vending
365machines, hotels, motels, service stations, real estate
366developments, and other concessions in, on, and in connection
367with any property and/or project owned and operated by the
368authority. In granting such franchises, it shall be the duty of
369the authority to investigate and consider the qualifications and
370ability of the lessee or concessionaires to provide or perform
371the contemplated services and the revenues which will be derived
372therefrom by the authority and to exercise sound prudent
373business judgment on behalf of the authority with respect
374thereto, calling for bids when practicable and when the
375interests of the authority will best be served by such action.
376     (17)  To enter into contracts with utility companies or
377others for the supplying by said utility companies or others of
378water, electricity, or telephone service to or in connection
379with any project.
380     (18)  To pledge by resolution or contract the revenues
381arising from the operation of any project or projects owned and
382operated by the authority, or under its control, to the payment
383of the cost of operation, maintenance, repair, improvement,
384extension, or enlargement of the project or projects from the
385operation of which such revenues are received and for the
386payment of principal and interest on bonds issued in connection
387with any such project or projects and to combine for financing
388purposes any two or more projects constructed or acquired by the
389authority under the provisions of this act. In any such case the
390authority may adopt separate budgets for the operation of such
391project or projects. In every such case such revenues shall be
392expended exclusively for the payment of the costs of operation,
393maintenance, repair, improvement, extension, and enlargement of
394the project or projects from the operation of which such
395revenues arise, for the performance of the authority's contracts
396in connection with such project or projects, and for the payment
397of principal of premium, if any, and interest requirements of
398any bonds issued in connection with the project or projects. Any
399surplus of such funds remaining on hand at the end of any year
400shall be carried forward and may be expended in the succeeding
401year for the payment of the costs of operation of such project
402or projects or for the repair, improvement, or extension thereof
403as the authority may determine, unless such surplus has been
404pledged for the payment of principal of premium, if any, and
405interest on bonds, in which event any such surplus shall be
406applied in accordance with the resolution 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
411section 10(c)(2), Article VII 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.
456     (3)  Prior to any public sale of bonds, the authority may,
457in addition to any other publication and notice to the financial
458community, cause notice to be given by publication in a daily
459newspaper published and having a general circulation in the city
460that the authority will receive bids for the purchase of the
461bonds at the office of the authority in the city. Said notice
462may be published once not less than 15 days prior to the date
463set for receiving the bids. Said notice may specify the amount
464of the bonds offered for sale, state that the bids shall be
465sealed bids, and give the schedule of the maturities of the
466proposed bonds and such other pertinent information as may be
467prescribed in the resolution authorizing the issuance of such
468bonds or any resolution subsequent thereto. Bidders may be
469invited to name the rate or rates of interest which the bonds
470are to bear or the authority may name rates of interest and
471invite bids thereon. In addition to publication of notice of the
472proposed sale, a copy of such advertisement may be given to the
473Florida Division of Bond Finance and to at least three
474recognized bond dealers in the state in the time established by
475applicable law.
476     (4)  Except as otherwise provided in this subsection, bonds
477and refunding bonds issued pursuant to this act may be sold at
478public sale and shall be awarded to the bidder whose bid
479produces the lowest true interest cost to the authority. The
480authority shall reserve the right to reject any or all bids.
481Notwithstanding the foregoing, bonds and refunding bonds issued
482pursuant to this act may be sold at private sale at such price
483or prices as the authority shall determine to be in its best
484interest. However, any price less than 100 percent of par value
485shall be subject to section 215.84, Florida Statutes, as it may
486be amended from time to time. In no event shall said bonds be
487sold at a net interest cost to the authority in excess of the
488legal limit, as established by section 215.84, Florida Statutes,
489or according to said section as it may be amended from time to
490time. The net interest cost of bonds shall be determined by
491taking the aggregate amount of interest at the rate or rates
492specified in the bonds, computed from the date of the bonds to
493the date of the various stated maturities thereof, and deducting
494therefrom the amount of any premium offered in excess of the par
495value of the bonds or adding thereto the amount of any discount
496offered below the par value of the bonds with interest computed
497on a 360-day basis. Pending the preparation of definitive bonds,
498interim bonds may be issued to the purchaser or purchasers of
499such bonds and may contain such terms and conditions as the
500authority may determine.
501     (5)  The authority shall require all bidders for said bonds
502to enclose a certified or bank cashier's check, in the amount of
5032 percent of the total par value of the bonds offered for sale,
504drawn on an incorporated bank or trust company payable
505unconditionally to the order of the authority, as a guarantee of
506good faith in the performance of each bid. The checks of the
507unsuccessful bidders shall be returned immediately upon the
508award of the bonds and the check of the successful bidder shall
509be retained by the authority and credited against the full
510purchase price of the bonds at the time of delivery or retained
511as and for liquidated damages in case of the failure of such
512bidder to fulfill the terms of his or her bid.
513     (6)  No general obligation bonds shall be issued by the
514authority hereunder unless the issuance of such bonds shall have
515been approved by a majority of the votes cast by qualified
516voters in an election held for such purpose. Whenever the
517authority, by resolution, requests the council of the City of
518Jacksonville to hold such an election, said council shall, on
519behalf of the authority, hold, conduct, canvass, and announce
520the results of such election in accordance with the procedure
521prescribed by law for the issuance of county bonds. The expenses
522of such election shall be paid by the authority. In no event
523shall such general obligation bonds be construed or considered
524to be bonds of the City of Jacksonville or any other
525municipality but shall be solely bonds of the authority that
526issues the bonds.
527     (7)  The authority is authorized to borrow money and to
528issue notes for any purpose or purposes for which bonds may be
529issued under the provisions of this act and to refund the same
530and to issue notes in anticipation of the receipt of the
531proceeds of the sale of any such bonds.
532     (8)  Subject to the restrictions contained in subsections
533(2), (3), and (4) of this section, the authority shall have the
534power to provide for the issuance of refunding bonds of the
535authority for the purpose of refunding any revenue bonds or
536general obligation bonds, or any combination of general
537obligation or revenue bonds then outstanding which have been
538assumed by the authority or issued for the purpose of financing
539the cost of making enlargements, extensions, and improvements to
540any project acquired, constructed, or operated under the
541provisions of this act. The authority is further authorized to
542provide for the issuance of revenue bonds or general obligation
543bonds, or any combination thereof, of the authority for the
544combined purpose of:
545     (a)  Paying the cost of enlargement, extension,
546reconstruction, or improvement of any project or combination of
547projects.
548     (b)  Refunding revenue bonds or general obligation bonds,
549or any combination thereof, which have been assumed by the
550authority under the provisions of this act (or its predecessor
551act) which shall then be outstanding and which shall then have
552matured or be subject to redemption or can be acquired for
553retirement. The issuance of such bonds, the maturities or other
554details thereof, the rights or remedies of the holders thereof,
555and the rights, powers, privileges, duties, and obligations of
556the authority with respect to the same shall be set forth in the
557resolution of the authority authorizing the issuance of such
558bonds.
559     Section 5.  Budget and finance.--The fiscal year of the
560authority shall commence on October 1 of each year and end on
561the following September 30. The authority shall prepare and
562submit its budget to the council of the City of Jacksonville on
563or before July 1 for the ensuing fiscal year. The council,
564consistent with the provisions of the Charter of the City of
565Jacksonville, may increase or decrease the appropriation
566(budget) requested by the authority on a total basis or a line-
567by-line basis; however, the appropriation for construction,
568reconstruction, enlargement, expansion, improvement, or
569development of any project or projects authorized to be
570undertaken by the former Jacksonville Port Authority and the
571authority shall not be reduced below the amount required under
572the terms and provisions of any outstanding bonds.
573     Section 6.  Rights of bondholders.--All bonds issued by the
574City of Jacksonville or the former Jacksonville Port Authority
575related to properties transferred to the authority and bonds
576issued under authority of chapter 63-1447, Laws of Florida,
577remain the liability, responsibility, and obligation of the
578issuer and the rights of the holders of existing outstanding
579bonds shall be unimpaired. Rights, duties, and obligations of
580the authority with respect to the property, and any bonds
581related thereto, transferred to it by the City of Jacksonville
582or the former Jacksonville Port Authority are ratified and
583remain unchanged.
584     Section 7.  Rights of employees.--
585     (1)  Except as provided in subsection (2), all employment
586rights and employee benefits authorized under section 11,
587chapter 63-1447, Laws of Florida, as amended, are hereby
588confirmed, ratified, and continued, notwithstanding the repeal
589of said chapter 63-1447, Laws of Florida, as amended. Effective
590October 1, 2001, in order to preserve the rights of employees of
591the former Jacksonville Port Authority to continue participation
592in the Florida Retirement System pursuant to chapter 121,
593Florida Statutes, the authority created by this act (and its
594predecessor act) shall be a county agency and employees of the
595authority shall participate in the Florida Retirement System,
596notwithstanding any law to the contrary. Effective October 1,
5972001, those employees of the former Jacksonville Port Authority
598who were assigned to any activity related to the operation of
599the airport facilities shall become employees of the
600Jacksonville Airport Authority created by this act (and its
601predecessor act). Effective October 1, 2001, central
602administrative employees shall be employed by either the
603Jacksonville Airport Authority or the Jacksonville Port
604Authority, formerly known as the Jacksonville Seaport Authority,
605created by this act (and its predecessor act) or as otherwise
606agreed by both. It is expressly provided that none of those
607employees of the former Jacksonville Port Authority who remain
608with the authority created by this act (and its predecessor act)
609shall lose any rights or benefits of whatsoever kind or nature
610afforded to them by any law, ordinance, collective bargaining
611agreement, or existing policy or plan, including, but not
612limited to, pension benefits by virtue of the change in
613corporate structure. In order to effectively implement the
614foregoing, the authority shall perform all functions with regard
615to its own employees that prior to the operation of the two
616authorities created by this act (and its predecessor act) were
617performed by the former Jacksonville Port Authority. In order to
618specifically preserve the rights of employees of the former
619Jacksonville Port Authority to continue participation in the
620Florida Retirement System, pursuant to chapter 121, Florida
621Statutes, the authority created by this act (and its predecessor
622act) shall be a county authority and employees of this authority
623who are currently participating in the Florida Retirement System
624and all employees of the authority after October 1, 2001, shall
625be eligible to participate in the Florida Retirement System.
626     (2)  Effective October 1, 2001, the Jacksonville Airport
627Authority firefighters shall be merged into the City of
628Jacksonville's Fire and Rescue Department and shall become
629employees of the City of Jacksonville; however, with respect to
630pension benefits such Jacksonville Airport Authority Fire
631Department employees shall have a one-time option to continue
632participation in the Florida Retirement System or to participate
633in the City of Jacksonville Police and Fire Pension Fund. Such
634option must be exercised no later than November 1, 2001. Upon
635such merger, firefighting services for the airports owned and
636operated by the Jacksonville Airport Authority shall be provided
637by the Fire and Rescue Department of the City of Jacksonville
638pursuant to a written contract to be entered into by and between
639the City of Jacksonville and the Jacksonville Airport Authority.
640Notwithstanding any provision in this act to the contrary, such
641merger and contract shall become effective October 1, 2001. If
642any firefighter who has vested in the Florida Retirement System
643exercises the option to become a member of the City of
644Jacksonville Police and Fire Pension Fund, such vested time
645shall not be included in the City of Jacksonville Police and
646Fire Pension Fund.
647     Section 8.  Cooperation with other units, boards, agencies,
648legal entities, and persons.--Express authority and power is
649hereby given and granted any county, municipality, drainage
650district, road and bridge district, school district, or any
651other political subdivision, board, commission, or individual
652in, or of, the state to make and enter into with the authority,
653contracts, leases, conveyances, or other agreements within the
654provisions and purposes of this act. The authority is hereby
655expressly authorized to make and enter into contracts, leases,
656conveyances, and other agreements with any political
657subdivision, agency, or instrumentality of the state and any and
658all federal agencies, legal entities and persons for the purpose
659of carrying out the provisions of this act.
660     Section 9.  Audits; bonds.--The authority shall issue
661quarterly and annually financial reports of its operations and
662shall also cause annual audits to be made of its operations and
663affairs by an independent certified public accountant, in such
664detail as may be necessary to show the financial operation and
665status of the authority, and the same shall be preserved as
666public records of the authority. The authority's records may be
667audited at any time by the Council Auditor of the City of
668Jacksonville. Members of the authority shall be required to give
669a good and sufficient surety bond in the sum of $50,000, payable
670to the City of Jacksonville, conditioned upon the faithful
671performance of their duties as members of the authority. Such
672bonds shall be approved by and filed with the clerk of the
673circuit court of Duval County, and the premium or premiums
674thereon shall be paid by the authority as a necessary expense of
675the authority. The authority shall have power to require its
676managing director and such others of its employees as they may
677deem necessary to furnish good and sufficient surety bond in
678such sum as the authority shall require, conditioned upon the
679faithful performance of duties, and to pay the premium or
680premiums thereon as a necessary expense of the authority.
681     Section 10.  Award of contracts.--
682     (1)  If the total cost, value, or amount of construction,
683reconstruction, repairs, or work of any nature, including the
684labor and materials, exceeds $50,000 when purchased by the
685authority, any such construction, reconstruction, repairs, or
686work exceeding the foregoing amount established for the
687authority shall be done only under contract or contracts to be
688entered into by the authority with the lowest responsible bidder
689upon proper terms and after due public notice has been given
690asking for competitive bids as hereinafter provided. The
691foregoing requirement for competitive bidding shall not apply to
692construction, reconstruction, repairs, or work done by employees
693of the authority or by labor supplied under agreement with the
694Federal Government or state government. The authority shall keep
695a current list of responsible bidders and, whenever the
696authority shall award a contract, the bidder shall come from
697such list. No contract shall be entered into for construction,
698improvement, or repair of any project, or any part thereof,
699unless the contractor shall have given an undertaking with a
700sufficient surety or sureties, approved by the authority and in
701an amount fixed by the authority, for the faithful performance
702of the contract. All such contracts shall provide, among other
703things, that the person or corporation entering into such
704contract with the authority will pay for all materials furnished
705and services rendered for the performance of the contract and
706that any person or corporation furnishing such materials or
707rendering such services may maintain an action to recover for
708the same against the obligor in the undertaking, as though such
709person or corporation were named therein, provided the action is
710brought within 1 year after the time the cause of action
711accrued. Nothing in this section shall be construed to limit the
712power of the authority to construct any project, or any part
713thereof, or any addition, betterment, or extension thereto,
714directly by the officers, agents, and employees of the
715authority, or otherwise, other than by contract.
716     (2)  All supplies, equipment, machinery, and materials
717exceeding $25,000 in cost purchased by the authority shall be
718purchased by the authority only after due advertisement as
719provided hereinafter. When purchasing supplies, equipment,
720machinery, and materials pursuant to competitive bid as mandated
721herein, the authority shall accept the lowest bid or bids, kind,
722quality, and material being equal, but the authority shall have
723the right to reject any or all bids or select a single item from
724any bid. The provision as to bidding shall not apply to the
725purchase of patented and manufactured products offered for sale
726in a noncompetitive market or solely by a manufacturer's
727authorized dealer.
728     (3)  The term "advertisement" or "due public notice"
729wherever used in this section means a notice published at least
730once a week for 2 consecutive weeks before the award of any
731contract, in a daily newspaper published and having a general
732circulation in the county, and in such other newspapers or
733publications as the authority shall deem advisable.
734     (4)  Subject to the aforesaid provisions, the authority
735may, but without intending by this provision to limit any powers
736of the authority, enter into and carry out such contract or
737establish or comply with such rules and regulations concerning
738labor and materials and other related matters in connection with
739any project, or portion thereof, as the authority may deem
740desirable or as may be requested by the Federal Government or
741state government assisting in the financing of its projects, and
742facilities related thereto or any part thereof, provided the
743provisions of this subsection shall not apply to any case in
744which the authority has taken over by transfer or assignment any
745contract assigned to it or assumed by it in connection with the
746transfer of city and county properties authorized under the
747provisions of sections 11 and 12, or to any contract in
748connection with projects which the authority may have had
749transferred to it by any persons or private corporations, and
750further provided the provisions of this section shall not apply
751to any contract or agreement between the authority and any
752engineers, architects, attorneys, or other professional services
753or to any contract or agreement relating to fiscal advisors,
754fiscal agents, or investment bankers, relating to the financing
755of projects herein authorized.
756     Section 11.  Execution of instruments; examination of
757claims.--All instruments in writing necessary to be signed by
758the authority shall be executed by its chair and secretary. The
759authority may, by resolution, designate one or more officers,
760members, employees, or agents of the authority to execute
761instruments in writing where it is necessary that such
762instruments be signed by the authority. No expenditure of funds
763of the authority shall be made except by voucher approved by the
764authority and signed by its chair and secretary, or by one or
765more officers, members, or employees of the authority as the
766authority may designate by resolution. The foregoing authority
767of the chair may be exercised by the vice chair in the absence
768of the chair and the foregoing authority of the secretary may be
769exercised by an assistant secretary designated by the authority
770in the absence of the secretary. The authority shall provide for
771the examination of all payrolls, bills, and other claims and
772demands against the authority to determine before the same are
773paid that they are duly authorized, in proper form, correctly
774computed, legally due and payable, and that the authority has
775funds on hand to make payment.
776     Section 12.  Transfer of assets and liabilities.--The
777former Jacksonville Port Authority shall take all actions
778necessary to convey, assign, transfer, and set over:
779     (1)  All of the rights, title, and interests of the former
780Jacksonville Port Authority in and to its airport facilities,
781including, without limitation, its real and personal property
782and any interests therein, books, records, contracts, leases,
783and all other property of any kind or nature related to the
784operation of the airport, by operation of this act (and its
785predecessor act), and without further act, to the authority.
786     (2)  All contracts and leases relating to the former
787Jacksonville Port Authority's airport operations, shall, by
788operation of this act (and its predecessor act), and without
789further act, become contracts and leases of the authority.
790     (3)  All accounts receivable, accounts payable, and cash on
791hand relating to the former Jacksonville Port Authority's
792airport operations shall, by operation of this act (and its
793predecessor act), and without further act, be transferred or
794delivered to the authority.
795     (4)  All operating expenses, including taxes of all kinds
796and all revenue and expense accruals of the former Jacksonville
797Port Authority's airport operations shall be transferred to the
798authority, on the effective date at transfer.
799     (5)  The conveyances specified in this section shall be
800effective as of October 1, 2001.
801     Section 13.  Chapter 315, Florida Statutes, relating to
802port facilities financing, also applicable.--The provisions of
803chapter 315, Florida Statutes, relating to port facilities
804financing, shall also be applicable to the authority.
805     Section 14.  Declaration of purposes.--The authority
806created by this act and the purposes which it is intended to
807serve is hereby found to be for a county and public purpose. The
808authority is a political subdivision of the State of Florida, a
809local governmental body within the meaning of section 10(c)(2),
810Article VII of the State Constitution. Nothing in this act is
811intended to create an entity which is exempt from ad valorem
812taxation except as otherwise set forth by applicable law.
813     Section 2.  The powers of the authority created by this act
814shall be construed liberally in favor of the authority. No
815listing of powers included in this act is intended to be
816exclusive or restrictive and the specific mention of, or failure
817to mention, particular powers in this act shall not be construed
818as limiting in any way the general powers of the authority as
819stated in section 3. It is the intent of this act to grant the
820authority full power and right to exercise all authority
821necessary for the effective operation and conduct of the
822authority. It is further intended that the authority should have
823all implied powers necessary or incidental to carrying out the
824expressed powers and the expressed purposes for which the
825authority is created. The fact that this act specifically states
826that the authority possesses a certain power does not mean that
827the authority must exercise such power unless this act
828specifically so requires.
829     Section 3.  The provisions of this act are severable and it
830is the intention to confer the whole or any part of the powers
831provided for herein and if any of the provisions of this act
832shall be held unconstitutional by any court of competent
833jurisdiction, the decision of such court shall not affect or
834impair any of the remaining provisions.
835     Section 4.  Effective on the effective date of this act,
836chapters 2001-319, 2002-349, and 2003-341, Laws of Florida, are
837hereby repealed.
838     Section 5.  This act shall take effect upon becoming a law.
839


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