HB 1675

1
A bill to be entitled
2An act relating to the Boca Raton Airport Authority;
3providing for a codified charter for the Boca Raton
4Airport Authority; creating the Boca Raton Airport
5Authority; providing for its membership, terms of office,
6officers, quorum, and meetings; defining the powers and
7duties of the authority; providing for reimbursement of
8travel expenses; providing for budgets; providing for
9transfer of funds; providing for an airport manager;
10defining the relationship between the authority, the City
11of Boca Raton, Palm Beach County, and the State of
12Florida; providing for continued vesting of title to the
13land comprising the Boca Raton Airport in the Board of
14Trustees of the Internal Improvement Trust Fund; providing
15the authority is liable for certain obligations and
16damages; declaring the authority to be an agency of the
17state; repealing chapters 82-259, 83-371, 91-381, and 99-
18421, Laws of Florida; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  In accordance with section 189.429, Florida
23Statutes, this act constitutes the codification of all special
24acts relating to the Boca Raton Airport Authority. It is the
25intent of the Legislature in enacting this law to provide a
26single, comprehensive special act charter for the district,
27including all current legislative authority granted to the
28district by its several legislative enactments and any
29additional authority granted by this act.
30     Section 2.  Chapters 82-259, 83-371, 91-381, and 99-421,
31Laws of Florida, are codified, reenacted, amended, and repealed
32as herein provided.
33     Section 1.  Short title.--This act may be cited as the "Boca
34Raton Airport Authority Act."
35     Section 2.  Definitions.--As used in this act:
36     (1)  "Airport" means the state-owned land within the
37territorial limits of the City of Boca Raton now known as the
38Boca Raton Airport.
39     (2)  "Authority" means the Boca Raton Airport Authority.
40     (3)  "City" means the City of Boca Raton.
41     (4)  "City council" means the governing body of the City of
42Boca Raton.
43     (5)  "County" means Palm Beach County.
44     (6)  "County commission" means the Board of County
45Commissioners of Palm Beach County.
46     (7)  "Project" means and includes the acquisition,
47improvement, or maintenance of real or personal property within
48the boundaries of the Boca Raton Airport.
49     Section 3.  Authority; creation and purpose.--There is
50hereby created a body politic and corporate to be known as the
51Boca Raton Airport Authority. The exercise by the authority of
52the powers conferred upon it by this act will be deemed to be for
53an essential and proper public purpose.
54     Section 4.  Membership; terms of office; officers; quorum;
55meetings; removal.--
56     (1)  The authority shall consist of seven members. As a
57condition of eligibility for appointment and to hold office, five
58members must reside within the municipality, and two members must
59reside within the Greater Boca Raton Reserve Area, as defined in
60chapter 67-1112, Laws of Florida. Of the five municipal
61residents, three must reside east of the airport, one must reside
62west of the airport, and one may reside anywhere in the
63municipality.
64     (2)  The county commission shall appoint two members, each
65of whom must reside within the Greater Boca Raton Reserve Area.
66The city council shall appoint the five members who must reside
67within the limits of the municipality as specified in subsection
68(1).
69     (3)  The term of office for each member shall be 2 years.
70Each term shall expire on June 1 in the year of expiration of the
71term. The county members' terms shall expire in odd years and the
72other members' terms shall expire in even years.
73     (4)  A chair, vice chair, and secretary shall be chosen by
74and from the authority membership. The term of office for the
75chair, vice chair, and secretary shall be 1 year, and no member
76shall hold the same office for more than two consecutive terms.
77     (5)  A quorum shall consist of four members, but the
78affirmative vote of not less than four members shall be necessary
79to take any action except to adjourn.
80     (6)  The authority shall meet at least once each month at
81such times and places within the city as shall be determined by
82the authority.
83     (7)  Any member may be removed by the commission or council
84which appointed that member, but only for grounds constituting
85misfeasance, malfeasance, or nonfeasance in office, or upon
86conviction of any crime. The unexcused failure to attend three
87consecutive regular meetings of the authority shall be deemed
88nonfeasance, without limiting the meaning of that term.
89     (8)  Vacancies in office shall be filled by the appropriate
90appointing entity for the balance of the term. Each appointment
91to fill a vacancy shall be made from a list of nominees furnished
92by the entity which nominated the member who held the office. In
93such cases, the list of nominees shall be filed not later than 30
94days after notice of the vacancy has been given to the nominating
95entity.
96     Section 5.  Powers and duties.--The authority shall have
97jurisdiction over the operation and maintenance of and
98improvements to the Boca Raton Airport. The authority shall have
99the following specific powers and duties:
100     (1)  To enter into contracts and to sue and be sued in its
101own name.
102     (2)  To acquire real and personal property.
103     (3)  To let or lease the airport or any portion of the
104airport, including the buildings and hangars thereon, and to
105grant concessions upon such terms and conditions as it shall deem
106proper.
107     (4)  To employ necessary personnel, including an airport
108manager, whose duties and salaries shall be prescribed by the
109authority.
110     (5)  To accept revenues from the operation of the airport
111and to accept gifts, grants, and other revenues; but the
112authority shall not have the power to levy or collect ad valorem
113taxes.
114     (6)  To adopt a budget annually, and to amend it during the
115fiscal year.
116     (7)  To adopt rules for the regulation of its affairs and
117the conduct of its business, and rules for the operation of the
118airport and aircraft, including, but not limited to, safety and
119noise abatement rules, and to enforce and administer all such
120rules.
121     (8)  To adopt and alter an official seal.
122     (9)  To maintain an office within the city.
123     (10)  To construct, reconstruct, improve, equip, repair,
124maintain, and operate the airport and such buildings, structures,
125roads, alleyways, and any other development of land as the
126authority shall determine to be necessary and proper in the
127performance of the duties and purposes of this act, within the
128boundaries of the airport.
129     (11)  To issue revenue bonds or refunding bonds of the
130authority to pay the cost of such acquisition, construction,
131reconstruction, improvement, or equipment.
132     (12)  To fix and revise from time to time and to collect
133rates, fees, and other charges for the use of or for the services
134and facilities furnished by or at the airport.
135     (13)  To do all acts and things necessary or convenient to
136carry out the purposes of the authority.
137     Section 6.  Compensation and travel expenses.--The members
138shall receive no salary or other compensation for their services
139as members of the authority except a fee of $100 for attending
140each regular monthly meeting of the authority. Compensation of
141members shall be limited to $1,200 per member per annum. The
142authority shall also have authority to pay reasonable costs and
143expenses necessarily incurred by the members in performance of
144their duties. The rate for travel expenses shall not exceed the
145rate for state employees.
146     Section 7.  Budget.--The authority shall during each fiscal
147year prepare and adopt an annual budget for such revenue and
148expense accounts as the authority shall prescribe for its
149operations in the ensuing fiscal year. The fiscal year of the
150authority shall be the same as that of the city. The budget shall
151include all estimated revenues and all estimated expenditures for
152the ensuing fiscal year.
153     Section 8.  Airport manager.--The authority shall employ an
154aviation-experienced airport manager to administer all airport
155operations and to supervise all airport projects. The decision to
156employ or terminate the employment of the airport manager shall
157require the four-fifths vote of the members of the authority.
158     Section 9.  Relationship between the authority, city,
159county, and state.--The authority shall have the power and
160responsibility to operate the airport in a manner consistent with
161applicable federal and state law and the objectives of the county
162and the city. The authority shall comply with appropriate police
163powers of the county or of the city respecting the operation and
164development of an airport. Applicable building codes of the city
165shall apply to all construction upon the airport, except to the
166extent that different state or federal requirements are expressly
167applicable, and except to the extent that the authority or the
168airport has been made exempt from any requirement of the city by
169state or federal law. All construction upon the airport shall be
170subject to inspection by the city on behalf of the state, and the
171city inspectors may insure compliance with applicable state
172regulations for such construction in addition to applicable city
173regulations.
174     Section 10.  Title to airport land.--The title to the land
175comprising the Boca Raton Airport shall continue to be vested in
176the Board of Trustees of the Internal Improvement Trust Fund of
177the state. The airport is leased to the authority by the Board of
178Trustees of the Internal Improvement Trust Fund. Nothing in this
179act shall be construed to impair the obligations of any agreement
180between the state or any of its agencies and the fixed base
181operator of the airport entered into as of effective date of this
182act.
183     Section 11.  Liabilities.--The authority shall be liable for
184its obligations and for damages caused by the negligent acts or
185omissions of the authority. The authority shall be deemed to be
186an agency of the state for the purposes of section 768.28,
187Florida Statutes.
188     Section 3.  Chapters 82-259, 83-371, 91-381, and 99-421,
189Laws of Florida, are repealed.
190     Section 4.  This act shall take effect upon becoming a law.


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