HB 1253

1	A bill to be entitled
2	An act relating to the Jacksonville Airport Authority,
3	Consolidated City of Jacksonville, Duval County; amending
4	chapter 2004-464, Laws of Florida; renaming the authority
5	as the Jacksonville Aviation Authority; providing an
6	effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsections (1) and (2) of section 1 and
11	section 7 of section 1 of chapter 2004-464, Laws of Florida, are
12	amended to read:
13	Section 1.  Creation of Jacksonville Aviation Airport
14	Authority.--
15	(1)  The charter provisions concerning the airport
16	operations of the former Jacksonville Port Authority established
17	pursuant to Chapter 2001-319, Laws of Florida, as amended, are
18	hereby amended and restated in their entirety to read as
19	follows: There is hereby created and established as of October
20	1, 2001, a separate body politic and corporate to be known as
21	the Jacksonville Aviation Airport Authority and hereinafter
22	referred to singly as the "authority," which is created as an
23	agency and political subdivision of the State of Florida in the
24	nature of counties and not municipalities. This authority is
25	authorized to exercise its jurisdiction, powers, and duties
26	within the geographic area defined by the boundary lines of
27	Duval County as established by section 7.16, Florida Statutes,
28	which boundary lines also define the geographic area of the City
29	of Jacksonville, and outside such boundary lines as hereinafter
30	provided. The Jacksonville Aviation Airport Authority shall
31	operate, manage, and control all of the publicly owned airports
32	and ancillary facilities located within Duval County and outside
33	such boundary lines as hereinafter provided. The authority was
34	separated from the former Jacksonville Port Authority pursuant
35	to 2001-319, Laws of Florida, as amended, and this separation
36	shall be reviewed for performance and efficiency after a period
37	of 4 years from October 1, 2001.
38	(2)  The governing body for the Jacksonville Aviation
39	Airport Authority shall consist of seven members, three of whom
40	shall be appointed by the Mayor of the City of Jacksonville with
41	the confirmation of the council of the City of Jacksonville, and
42	four of whom shall be appointed by the Governor of Florida with
43	the confirmation of the Senate. Members shall serve for terms of
44	4 years commencing on October 1 of the year of the appointment
45	or for the unexpired portion of a term deemed to have commenced
46	on October 1. Members of the authority, during their terms,
47	shall serve at the pleasure of the Mayor or Governor, whoever
48	appointed the member. Members shall continue to serve on the
49	authority until their death, resignation, removal, or until
50	their respective successors are appointed and confirmed. A
51	vacancy occurring during the term of an appointed member on the
52	authority shall be filled only for the balance of the unexpired
53	term. Any member appointed to the authority for two consecutive
54	full terms shall not be eligible for appointment to the
55	authority for the next succeeding term. Provided, however,
56	notwithstanding the above, members initially appointed to the
57	authority shall serve in staggered terms to provide continuity
58	of experience to the authority with two gubernatorial
59	appointments and two mayoral appointments being for initial 2-
60	year terms, which shall count as a full term for purposes of
61	term limits provided herein.
62	Section 7.  Rights of employees.--
63	(1)  Except as provided in subsection (2), all employment
64	rights and employee benefits authorized under section 11,
65	chapter 63-1447, Laws of Florida, as amended, are hereby
66	confirmed, ratified, and continued, notwithstanding the repeal
67	of said chapter 63-1447, Laws of Florida, as amended. Effective
68	October 1, 2001, in order to preserve the rights of employees of
69	the former Jacksonville Port Authority to continue participation
70	in the Florida Retirement System pursuant to chapter 121,
71	Florida Statutes, the authority created by this act (and its
72	predecessor act) shall be a county agency and employees of the
73	authority shall participate in the Florida Retirement System,
74	notwithstanding any law to the contrary. Effective October 1,
75	2001, those employees of the former Jacksonville Port Authority
76	who were assigned to any activity related to the operation of
77	the airport facilities shall become employees of the
78	Jacksonville Aviation Airport Authority created by this act (and
79	its predecessor act). Effective October 1, 2001, central
80	administrative employees shall be employed by either the
81	Jacksonville Aviation Airport Authority or the Jacksonville Port
82	Authority, formerly known as the Jacksonville Seaport Authority,
83	created by this act (and its predecessor act) or as otherwise
84	agreed by both. It is expressly provided that none of those
85	employees of the former Jacksonville Port Authority who remain
86	with the authority created by this act (and its predecessor act)
87	shall lose any rights or benefits of whatsoever kind or nature
88	afforded to them by any law, ordinance, collective bargaining
89	agreement, or existing policy or plan, including, but not
90	limited to, pension benefits by virtue of the change in
91	corporate structure. In order to effectively implement the
92	foregoing, the authority shall perform all functions with regard
93	to its own employees that prior to the operation of the two
94	authorities created by this act (and its predecessor act) were
95	performed by the former Jacksonville Port Authority. In order to
96	specifically preserve the rights of employees of the former
97	Jacksonville Port Authority to continue participation in the
98	Florida Retirement System, pursuant to chapter 121, Florida
99	Statutes, the authority created by this act (and its predecessor
100	act) shall be a county authority and employees of this authority
101	who are currently participating in the Florida Retirement System
102	and all employees of the authority after October 1, 2001, shall
103	be eligible to participate in the Florida Retirement System.
104	(2)  Effective October 1, 2001, the Jacksonville Aviation
105	Airport Authority firefighters shall be merged into the City of
106	Jacksonville's Fire and Rescue Department and shall become
107	employees of the City of Jacksonville; however, with respect to
108	pension benefits such Jacksonville Aviation Airport Authority
109	Fire Department employees shall have a one-time option to
110	continue participation in the Florida Retirement System or to
111	participate in the City of Jacksonville Police and Fire Pension
112	Fund. Such option must be exercised no later than November 1,
113	2001. Upon such merger, firefighting services for the airports
114	owned and operated by the Jacksonville Aviation Airport
115	Authority shall be provided by the Fire and Rescue Department of
116	the City of Jacksonville pursuant to a written contract to be
117	entered into by and between the City of Jacksonville and the
118	Jacksonville Aviation Airport Authority. Notwithstanding any
119	provision in this act to the contrary, such merger and contract
120	shall become effective October 1, 2001. If any firefighter who
121	has vested in the Florida Retirement System exercises the option
122	to become a member of the City of Jacksonville Police and Fire
123	Pension Fund, such vested time shall not be included in the City
124	of Jacksonville Police and Fire Pension Fund.
125	Section 2.  This act shall take effect upon becoming a law.

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