1 | A bill to be entitled |
2 | An act relating to the Boca Raton Airport Authority; |
3 | providing for a codified charter for the Boca Raton |
4 | Airport Authority; creating the Boca Raton Airport |
5 | Authority; providing for its membership, terms of office, |
6 | officers, quorum, and meetings; defining the powers and |
7 | duties of the authority; providing for reimbursement of |
8 | travel expenses; providing for budgets; providing for |
9 | transfer of funds; providing for an airport manager; |
10 | defining the relationship between the authority, the City |
11 | of Boca Raton, Palm Beach County, and the State of |
12 | Florida; providing for continued vesting of title to the |
13 | land comprising the Boca Raton Airport in the Board of |
14 | Trustees of the Internal Improvement Trust Fund; providing |
15 | the authority is liable for certain obligations and |
16 | damages; declaring the authority to be an agency of the |
17 | state; repealing chapters 82-259, 83-371, 91-381, and 99- |
18 | 421, Laws of Florida; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. In accordance with section 189.429, Florida |
23 | Statutes, this act constitutes the codification of all special |
24 | acts relating to the Boca Raton Airport Authority. It is the |
25 | intent of the Legislature in enacting this law to provide a |
26 | single, comprehensive special act charter for the district, |
27 | including all current legislative authority granted to the |
28 | district by its several legislative enactments and any |
29 | additional authority granted by this act. |
30 | Section 2. Chapters 82-259, 83-371, 91-381, and 99-421, |
31 | Laws of Florida, are codified, reenacted, amended, and repealed |
32 | as herein provided. |
33 | Section 1. Short title.--This act may be cited as the "Boca |
34 | Raton Airport Authority Act." |
35 | Section 2. Definitions.--As used in this act: |
36 | (1) "Airport" means the state-owned land within the |
37 | territorial limits of the City of Boca Raton now known as the |
38 | Boca 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 |
42 | Boca Raton. |
43 | (5) "County" means Palm Beach County. |
44 | (6) "County commission" means the Board of County |
45 | Commissioners of Palm Beach County. |
46 | (7) "Project" means and includes the acquisition, |
47 | improvement, or maintenance of real or personal property within |
48 | the boundaries of the Boca Raton Airport. |
49 | Section 3. Authority; creation and purpose.--There is |
50 | hereby created a body politic and corporate to be known as the |
51 | Boca Raton Airport Authority. The exercise by the authority of |
52 | the powers conferred upon it by this act will be deemed to be for |
53 | an essential and proper public purpose. |
54 | Section 4. Membership; terms of office; officers; quorum; |
55 | meetings; removal.-- |
56 | (1) The authority shall consist of seven members. As a |
57 | condition of eligibility for appointment and to hold office, five |
58 | members must reside within the municipality, and two members must |
59 | reside within the Greater Boca Raton Reserve Area, as defined in |
60 | chapter 67-1112, Laws of Florida. Of the five municipal |
61 | residents, three must reside east of the airport, one must reside |
62 | west of the airport, and one may reside anywhere in the |
63 | municipality. |
64 | (2) The county commission shall appoint two members, each |
65 | of whom must reside within the Greater Boca Raton Reserve Area. |
66 | The city council shall appoint the five members who must reside |
67 | within the limits of the municipality as specified in subsection |
68 | (1). |
69 | (3) The term of office for each member shall be 2 years. |
70 | Each term shall expire on June 1 in the year of expiration of the |
71 | term. The county members' terms shall expire in odd years and the |
72 | other members' terms shall expire in even years. |
73 | (4) A chair, vice chair, and secretary shall be chosen by |
74 | and from the authority membership. The term of office for the |
75 | chair, vice chair, and secretary shall be 1 year, and no member |
76 | shall hold the same office for more than two consecutive terms. |
77 | (5) A quorum shall consist of four members, but the |
78 | affirmative vote of not less than four members shall be necessary |
79 | to take any action except to adjourn. |
80 | (6) The authority shall meet at least once each month at |
81 | such times and places within the city as shall be determined by |
82 | the authority. |
83 | (7) Any member may be removed by the commission or council |
84 | which appointed that member, but only for grounds constituting |
85 | misfeasance, malfeasance, or nonfeasance in office, or upon |
86 | conviction of any crime. The unexcused failure to attend three |
87 | consecutive regular meetings of the authority shall be deemed |
88 | nonfeasance, without limiting the meaning of that term. |
89 | (8) Vacancies in office shall be filled by the appropriate |
90 | appointing entity for the balance of the term. Each appointment |
91 | to fill a vacancy shall be made from a list of nominees furnished |
92 | by the entity which nominated the member who held the office. In |
93 | such cases, the list of nominees shall be filed not later than 30 |
94 | days after notice of the vacancy has been given to the nominating |
95 | entity. |
96 | Section 5. Powers and duties.--The authority shall have |
97 | jurisdiction over the operation and maintenance of and |
98 | improvements to the Boca Raton Airport. The authority shall have |
99 | the following specific powers and duties: |
100 | (1) To enter into contracts and to sue and be sued in its |
101 | own name. |
102 | (2) To acquire real and personal property. |
103 | (3) To let or lease the airport or any portion of the |
104 | airport, including the buildings and hangars thereon, and to |
105 | grant concessions upon such terms and conditions as it shall deem |
106 | proper. |
107 | (4) To employ necessary personnel, including an airport |
108 | manager, whose duties and salaries shall be prescribed by the |
109 | authority. |
110 | (5) To accept revenues from the operation of the airport |
111 | and to accept gifts, grants, and other revenues; but the |
112 | authority shall not have the power to levy or collect ad valorem |
113 | taxes. |
114 | (6) To adopt a budget annually, and to amend it during the |
115 | fiscal year. |
116 | (7) To adopt rules for the regulation of its affairs and |
117 | the conduct of its business, and rules for the operation of the |
118 | airport and aircraft, including, but not limited to, safety and |
119 | noise abatement rules, and to enforce and administer all such |
120 | rules. |
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, |
124 | maintain, and operate the airport and such buildings, structures, |
125 | roads, alleyways, and any other development of land as the |
126 | authority shall determine to be necessary and proper in the |
127 | performance of the duties and purposes of this act, within the |
128 | boundaries of the airport. |
129 | (11) To issue revenue bonds or refunding bonds of the |
130 | authority to pay the cost of such acquisition, construction, |
131 | reconstruction, improvement, or equipment. |
132 | (12) To fix and revise from time to time and to collect |
133 | rates, fees, and other charges for the use of or for the services |
134 | and facilities furnished by or at the airport. |
135 | (13) To do all acts and things necessary or convenient to |
136 | carry out the purposes of the authority. |
137 | Section 6. Compensation and travel expenses.--The members |
138 | shall receive no salary or other compensation for their services |
139 | as members of the authority except a fee of $100 for attending |
140 | each regular monthly meeting of the authority. Compensation of |
141 | members shall be limited to $1,200 per member per annum. The |
142 | authority shall also have authority to pay reasonable costs and |
143 | expenses necessarily incurred by the members in performance of |
144 | their duties. The rate for travel expenses shall not exceed the |
145 | rate for state employees. |
146 | Section 7. Budget.--The authority shall during each fiscal |
147 | year prepare and adopt an annual budget for such revenue and |
148 | expense accounts as the authority shall prescribe for its |
149 | operations in the ensuing fiscal year. The fiscal year of the |
150 | authority shall be the same as that of the city. The budget shall |
151 | include all estimated revenues and all estimated expenditures for |
152 | the ensuing fiscal year. |
153 | Section 8. Airport manager.--The authority shall employ an |
154 | aviation-experienced airport manager to administer all airport |
155 | operations and to supervise all airport projects. The decision to |
156 | employ or terminate the employment of the airport manager shall |
157 | require the four-fifths vote of the members of the authority. |
158 | Section 9. Relationship between the authority, city, |
159 | county, and state.--The authority shall have the power and |
160 | responsibility to operate the airport in a manner consistent with |
161 | applicable federal and state law and the objectives of the county |
162 | and the city. The authority shall comply with appropriate police |
163 | powers of the county or of the city respecting the operation and |
164 | development of an airport. Applicable building codes of the city |
165 | shall apply to all construction upon the airport, except to the |
166 | extent that different state or federal requirements are expressly |
167 | applicable, and except to the extent that the authority or the |
168 | airport has been made exempt from any requirement of the city by |
169 | state or federal law. All construction upon the airport shall be |
170 | subject to inspection by the city on behalf of the state, and the |
171 | city inspectors may insure compliance with applicable state |
172 | regulations for such construction in addition to applicable city |
173 | regulations. |
174 | Section 10. Title to airport land.--The title to the land |
175 | comprising the Boca Raton Airport shall continue to be vested in |
176 | the Board of Trustees of the Internal Improvement Trust Fund of |
177 | the state. The airport is leased to the authority by the Board of |
178 | Trustees of the Internal Improvement Trust Fund. Nothing in this |
179 | act shall be construed to impair the obligations of any agreement |
180 | between the state or any of its agencies and the fixed base |
181 | operator of the airport entered into as of effective date of this |
182 | act. |
183 | Section 11. Liabilities.--The authority shall be liable for |
184 | its obligations and for damages caused by the negligent acts or |
185 | omissions of the authority. The authority shall be deemed to be |
186 | an agency of the state for the purposes of section 768.28, |
187 | Florida Statutes. |
188 | Section 3. Chapters 82-259, 83-371, 91-381, and 99-421, |
189 | Laws of Florida, are repealed. |
190 | Section 4. This act shall take effect upon becoming a law. |