Senate Bill sb2716

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    Florida Senate - 2005        (NP)                      SB 2716

    By Senator Alexander





    17-1672A-05                                         See HB 753

  1                      A bill to be entitled

  2         An act relating to the Sebring Airport

  3         Authority, Highlands County; codifying,

  4         amending, reenacting, and repealing special

  5         acts relating to the authority; defining the

  6         powers and duties of said authority; granting

  7         to the authority power to acquire, lease,

  8         construct, reconstruct, improve, extend,

  9         enlarge, equip, repair, maintain, and operate

10         airport and other facilities; providing for the

11         issuance of bonds of the authority, payable

12         solely from funds provided therefor under the

13         act, to pay the cost of acquiring,

14         constructing, or reconstructing any facilities

15         and the cost of improvements, extensions,

16         enlargements, and equipment; granting to the

17         authority power to acquire necessary real and

18         personal property and to exercise the power of

19         eminent domain; providing for the imposition

20         and collection of charges for the use of and

21         for the services furnished by any such

22         facilities; authorizing the City of Sebring to

23         make grants and conveyances to the authority;

24         prescribing the powers and duties of the

25         authority in connection with the foregoing and

26         the rights and remedies of the holders of any

27         bonds or revenue certificates issued under the

28         provisions of this act; providing an effective

29         date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1         Section 1.  Pursuant to section 189.429, Florida

 2  Statutes, this act constitutes the codification of all special

 3  acts relating to the Sebring Airport Authority. It is the

 4  intent of the Legislature in enacting this law to provide a

 5  single, comprehensive special act charter for the authority,

 6  including all current legislative authority granted to the

 7  authority by its several legislative enactments and any

 8  additional authority granted by this act. It is further the

 9  intent to preserve all authority powers and authority.

10         Section 2.  Chapters 67-2070, 82-382, 89-484, 91-415,

11  95-526, and 2001-332, Laws of Florida, are codified,

12  reenacted, amended, and repealed as herein provided.

13         Section 3.  The Sebring Airport Authority is re-created

14  and the charter for the authority is re-created and reenacted

15  to read:

16         Section 1.  This act shall be known and may be cited as

17  the "Sebring Airport Authority Act."

18         Section 2.  There is hereby created an authority to be

19  known as the Sebring Airport Authority which shall be a body

20  politic and corporate. The Sebring Airport Authority is hereby

21  constituted a public instrumentality and the exercise of said

22  authority of the powers conferred by this act shall be deemed

23  and held to be the performance of essential governmental

24  functions.

25         Section 3.  (1)(a)  The Sebring Airport Authority shall

26  exercise its powers and jurisdiction over the property now

27  known as "Sebring Regional Airport and Industrial Park," as

28  follows:

29  

30         The West Half (W1/2) of Section 4; All of

31         Section 5, less and except that portion of the

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1         North Half (N1/2) lying West of the canal and

 2         the Railroad right-of-way spur; the Southeast

 3         Quarter (SE1/4) of the Southeast Quarter

 4         (SE1/4) of Section 6; All of Section 7, less

 5         and except that portion of the West Half (W1/2)

 6         lying northerly of State Road No. 623 and West

 7         of the canal; All of Section 8; the West Half

 8         (W1/2) of Section 9; and that part of Section

 9         18 lying North and West of the airport access

10         road, less and except the following land deeded

11         to the Humane Society generally described as

12         being a 10-acre tract lying adjacent to the

13         westerly boundary of the Hendricks Field access

14         road and adjacent to and South of the north

15         boundary of Section 18, Township 35 South,

16         Range 30 East, more particularly described as

17         follows: Commencing as a point of beginning at

18         the intersection of the westerly boundary of

19         Hendricks Field access road (said road being

20         100 feet in width, being 50 feet on either side

21         of said center line) with the North boundary of

22         Section 18, Township 35 South, Range 30 East,

23         Highlands County, Florida, thence South

24         89°01'45" West along the North boundary of

25         Section 18 a distance of 505.70 feet to a

26         point, thence South 01°54'30" East a distance

27         of 908.84 feet to a point, thence North

28         88°05'30" East a distance of 500.00 feet to a

29         point on the westerly boundary of Hendricks

30         Field access road, thence North 01°54'30" West

31         along the westerly boundary of the Hendricks

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1         Field access road a distance of 718.68 feet to

 2         a point of curve, thence along a curve to the

 3         right having a radius of 2,914.79 feet an arc

 4         distance of 181.32 feet to the point of

 5         beginning.

 6  

 7         All of the above described land lying in

 8         Township 35 South, Range 30 East, Highlands

 9         County, Florida.

10  

11         (b)  All of that property now owned by the City of

12  Sebring and known as Sebring Air Terminal shall be

13  gratuitously transferred and conveyed to the Sebring Airport

14  Authority, subject to any reservations or restrictions of

15  record or existing leases, and subject to the restriction that

16  none of said property may be sold at any time without the

17  consent of the City of Sebring.

18         (c)  The Sebring Airport Authority shall also exercise

19  its powers and jurisdiction over the following property,

20  subject to the power and authority of the Spring Lake

21  Improvement District, Spring Lake Property Association, Inc.,

22  county zoning, and other restrictions:

23  

24         All of Parcel C, SPRING LAKE VILLAGE IV,

25         according to the plat thereof recorded in Plat

26         Book 9, Page 75 of the Public Records of

27         Highlands County.

28  

29         (2)  The Sebring Airport Authority is authorized to

30  exercise its powers over properties in addition to the Sebring

31  Regional Airport and Industrial Park so long as they are

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  exercised pursuant to contracts with other governmental

 2  entities for the operation and supervision of other airports,

 3  airfields, and related facilities.

 4         Section 4.  The Sebring Airport Authority shall be

 5  governed by a board of seven members known as the Sebring

 6  Airport Authority Board. At the expiration of each term, a

 7  successor shall be appointed to fill such vacancies for terms

 8  of 4 years each. Vacancies in office shall be filled by

 9  appointment of said city council for the remainder of the

10  unexpired term. All such appointments after the initial ones

11  provided for in this act shall be selected by the city council

12  from a list containing at least twice as many nominees as

13  vacancies. At least four members of the board shall be

14  qualified electors of the City of Sebring. Should the said

15  city council be unable by a majority vote to select a

16  successor from the original list submitted to it by said

17  board, the board shall submit to said city council an

18  additional list containing at least twice as many nominees as

19  vacancies. Upon the reconsideration, the city council may

20  select from the initial or replacement list. The original list

21  shall be submitted to said city council within 10 days from

22  the expiration of the term of any member of said authority,

23  and within 20 days from the resignation, death, or removal for

24  cause of any member of said authority. During any vacancy or

25  vacancies for any reason or reasons, the remaining members of

26  said board shall constitute said board with full power and

27  authority to act as though there were no vacancy in the

28  membership of said board. Members shall receive such

29  compensation for their services and reimbursement for verified

30  travel and other expenses as shall be provided for by

31  resolution of said board. Four members shall constitute a

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  quorum for meetings and an affirmative vote of a majority of

 2  the members present shall be necessary for any action taken by

 3  the authority. Successive 4-year terms shall begin on the

 4  first day of May of the respective year.

 5         Section 5.  The Sebring Airport Authority shall select

 6  one of its members as chair of the authority and another of

 7  its members to act as secretary of the authority, both of whom

 8  shall serve as such at the pleasure of the authority, and the

 9  authority may select such other members for such offices as it

10  deems necessary.

11         Section 6.  The Sebring Airport Authority is hereby

12  authorized and empowered:

13         (1)  To adopt bylaws for the regulation of its affairs

14  and the conduct of its business.

15         (2)  To adopt an official seal and alter the same at

16  pleasure.

17         (3)  To maintain an office at such place or places as

18  it may designate.

19         (4)  To sue and be sued in its own name, plead, and be

20  impleaded.

21         (5)  To acquire, lease as lessee or lessor, construct,

22  reconstruct, improve, extend, enlarge, equip, repair,

23  maintain, and operate any airport and other industrial

24  facilities (including tire and automobile testing and racing)

25  which may be located on the property of the authority. Nothing

26  in this act shall exempt the Sebring Airport Authority from

27  the provisions of chapter 333, Florida Statutes.

28         (6)  To issue bonds of the authority, as hereinafter

29  provided, to pay the cost of such acquisition, construction,

30  reconstruction, improvement, extension, enlargement, or

31  equipment.

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1         (7)  To issue refunding bonds of the authority as

 2  hereinafter provided.

 3         (8)  To fix and revise from time to time and to collect

 4  rates, fees, and other charges for the use of or for the

 5  services and facilities furnished by any airport facilities.

 6         (9)  To acquire in the name of the authority by gift,

 7  purchase, or the exercise of the right of eminent domain, in

 8  accordance with the laws of the state which may be applicable

 9  to the exercise of such powers by counties or municipalities,

10  any lands or rights in land, and to acquire such personal

11  property as it may deem necessary in connection with the

12  acquisition, construction, reconstruction, improvement,

13  extension, enlargement, or operation of any airport

14  facilities, and to hold and dispose of all real and personal

15  property under its control.

16         (10)  To make and enter into all contracts and

17  agreements necessary or incidental to the performance of its

18  duties and the execution of its powers under this act,

19  including a trust agreement or trust agreements securing any

20  bonds issued hereunder, and to employ such consulting and

21  other engineers, superintendents, managers, construction and

22  financial experts, accountants, and attorneys, and such

23  employees and agents as may, in the judgment of the authority,

24  be deemed necessary, and to fix their compensation; provided,

25  however, that all such expenses shall be payable solely from

26  funds made available under the provisions of this act.

27         (11)  To accept grants or money or materials or

28  property of any kind for any airport or other facilities from

29  any federal or state agency, political subdivision, or other

30  public body or from any private agency or individual, upon

31  such terms and conditions as may be imposed.

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1         (12)  To issue revenue certificates of the authority as

 2  hereinafter provided.

 3         (13)  To do all acts and things necessary or convenient

 4  to carry out the powers granted by this act.

 5         (14)  To contract with other governmental entities to

 6  operate airports, airfields, and other related facilities and

 7  services, including providing all personnel, tools, equipment,

 8  supervision, and other materials and services required

 9  therefor.

10         Section 7.  The City of Sebring, a municipal

11  corporation under the laws of the state, acting through its

12  duly elected city council, is hereby authorized to make grants

13  of money to the Sebring Airport Authority and to lease, lend,

14  grant, or convey to the Sebring Airport Authority, with or

15  without consideration, real and personal property, or such

16  sums of money for operating expenses as may be deemed

17  necessary by the said city for the use by the authority for

18  any of its corporate purposes; provided, however, that if the

19  approval at an election by the freeholders, who are qualified

20  electors of the City of Sebring, shall be required by the

21  State Constitution, such election shall be called, noticed,

22  and conducted and the results thereof determined and declared,

23  in the manner required by general law.

24         Section 8.  No contract for the construction, repair,

25  or alteration of any facility or part of the same, or the

26  purchase of equipment, services, or supplies involving an

27  expenditure of more than $10,000, shall be awarded by the

28  authority unless the authority advertises for sealed bids at

29  least once a week for 2 consecutive weeks and such contract is

30  awarded to the lowest responsible bidder. However, the

31  authority may reject all bids.

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1         Section 9.  The Sebring Airport Authority, as hereby

 2  created, is authorized and empowered to enter into contracts

 3  with any individual, corporation, political subdivision, or

 4  agency of the state, and the United States of America, and to

 5  enter into operating contracts and/or leases for facilities

 6  owned by said airport authority and any and all other

 7  contracts for furthering the business, operation, and

 8  maintenance of said facilities as hereinbefore provided,

 9  including the right to lease any or all of such facilities and

10  appurtenances to individuals, corporations, or government

11  entities. The authority is further authorized to fix and

12  revise from time to time rate, fees, and other charges for the

13  use of and for the services furnished or to be furnished by

14  any facilities owned or operated by the authority. Such rates,

15  fees, and charges shall be fixed and revised so that the

16  revenues of the authority, together with any other available

17  funds, will be sufficient at all times to pay the cost,

18  including salaries, for maintaining, operating, and repairing

19  the airport facilities owned or operated by the authority,

20  including reserves for such purposes, and to pay the principal

21  or interest on all bonds or revenue certificates issued by the

22  authority under the provisions of this act as the same shall

23  become due and payable and to provide reserves therefor.

24  Notwithstanding any of the foregoing provisions of this

25  section, the authority may enter into contracts relating to

26  the use of or for the services furnished or to be furnished by

27  any such facilities which shall not be subject to revision

28  except in accordance with their terms.

29         Section 10.  (1)  The authority is hereby authorized to

30  issue, at one time or from time to time, bonds or revenue

31  certificates of the authority for the purpose of paying the

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  cost of acquiring, constructing, reconstructing, improving,

 2  extending, enlarging, or equipping any of its facilities. The

 3  bonds of each issue shall be dated, shall mature at such time

 4  or times not exceeding 40 years from their date or dates, and

 5  shall bear interest at such rate or rates as may be determined

 6  by the authority, not exceeding the maximum rate of interest

 7  on bonds allowed by the state, and may be made redeemable

 8  before maturity, at the option of the authority, at such price

 9  or prices and under such terms and conditions as may be fixed

10  by the authority prior to the issuance of the bonds. The

11  authority shall determine the form and the manner of execution

12  of the bonds, including any interest to be attached thereto,

13  and shall fix the denomination or denominations of the bonds

14  and the place or places of payment of principal and interest,

15  which may be at any bank or trust company within or without

16  the state. In case any officer whose signature or a facsimile

17  of whose signature shall appear on any bonds or coupons shall

18  cease to be such officer before the delivery of such bonds,

19  such signature or such facsimile shall nevertheless be valid

20  and sufficient for all purposes, the same as if he or she had

21  remained in office until such delivery. Notwithstanding any of

22  the other provisions of this act or any recitals in any bonds

23  issued under the provisions of this act, all such bonds shall

24  be deemed to be negotiable instruments under the laws of this

25  state. The bonds may be issued in coupon or registered form,

26  or both, as the authority may determine, and provisions may be

27  made for the registration of any coupon bonds as to principal

28  alone and also as to both principal and interest, and for the

29  reconversion into coupon bonds of any bonds registered as to

30  both principal and interest. The authority may sell such bonds

31  in such manner, either at public or private sale, and for such

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  price as it may determine to be for the best interests of the

 2  authority, but no such sale shall be made at a price so low as

 3  to require the payment of interest on the money received

 4  therefor at more than the maximum rate of interest on bonds

 5  allowed by the state, computed with relation to the absolute

 6  maturity or maturities of the bonds in accordance with

 7  standard tables of bond values, excluding, however, from such

 8  computation the amount of any premium to be paid on redemption

 9  of any bonds at more than the maximum rate of interest on

10  bonds allowed by the state, computed with relation to the

11  absolute maturity or maturities of the bonds in accordance

12  with standard tables of bond values, excluding, however, from

13  such computation the amount of any premium to be paid on

14  redemption of any bonds prior to maturity.

15         (2)  The proceeds of the bonds of each issue shall be

16  used solely for the purpose for which such bonds shall have

17  been authorized and shall be disbursed in such manner and

18  under such restrictions, if any, as the authority may provide

19  in the resolution authorizing the issuance of such bonds or in

20  the trust agreement hereinafter mentioned securing the same.

21  Unless otherwise provided in the authorizing resolution or in

22  the trust agreement securing such bonds, if the proceeds of

23  such bonds, by error of estimates or otherwise, shall be less

24  than such costs, additional bonds may in like manner be issued

25  to provide the amount of such deficit and shall be deemed to

26  be of the same issue and shall be entitled to payment from the

27  same fund without preference or priority of the bonds first

28  issued for the same purpose.

29         (3)  The resolution providing for the issuance of

30  bonds, and any trust agreement securing such bonds, may also

31  contain such limitations upon the issuance of additional bonds

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  as the authority may deem proper, and such additional bonds

 2  shall be issued under such restrictions and limitations as may

 3  be prescribed by such resolution or trust agreement.

 4         (4)  Prior to the preparation of definitive bonds, the

 5  authority may, under like restrictions, issue interim receipts

 6  or temporary bonds, with or without coupons, exchangeable for

 7  definitive bonds when such bonds shall have been executed and

 8  are available for delivery. The authority may also provide for

 9  the replacement of any bonds which shall become mutilated or

10  be destroyed or lost.

11         (5)  Bonds may be issued under the provisions of this

12  act without obtaining the consent of any commission, board,

13  bureau, or agency of the state or of any political

14  subdivision, and without any other proceedings or the

15  happening of other conditions or things than those

16  proceedings, conditions, or things which are specifically

17  required by this act.

18         (6)  Bonds issued by the authority under the provisions

19  of this act shall not be deemed to constitute a debt of the

20  state or of any political subdivision thereof or a pledge of

21  the faith and credit of the state or any such political

22  subdivision, but such bonds shall be obligations of the

23  authority payable solely from the funds herein provided

24  therefor, and a statement to that effect shall be recited on

25  the face of the bonds.

26         (7)  The maximum rate of interest on bonds allowed by

27  the state is determined pursuant to the provisions of section

28  215.84, Florida Statutes.

29         Section 11.  (1)  In the discretion of the authority,

30  each or any issue of bonds may be secured by a trust agreement

31  by and between the authority and a corporate trustee, which

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  may be made by a trust company or bank having the powers of a

 2  trust company within or without the state. The resolution

 3  authorizing the issuance of the bonds or such trust agreement

 4  may pledge the revenues to be received from any airport

 5  facilities of the authority but shall not convey or mortgage

 6  any such facilities, and may contain such provisions for

 7  protecting and enforcing the rights and remedies of the

 8  bondholders as may be reasonable and proper and not in

 9  violation of law, including covenants setting forth the duties

10  of the authority in relation to the acquisition, construction,

11  reconstruction, improvement, maintenance, repair, operation,

12  and insurance of any such facilities, the fixing and revising

13  of rates, fees, and charges, and the custody, safeguarding,

14  and application of all moneys, and for the employment of

15  consulting engineers in connection with such acquisition,

16  construction, reconstruction, or operation. It shall be lawful

17  for any bank or trust company incorporated under the laws of

18  the state which may act as depositary of the proceeds of bonds

19  or of revenues to furnish such indemnifying bonds, or to

20  pledge such securities as may be required by the authority.

21  Such resolution or trust agreement may set forth the rights

22  and remedies of the bondholders and of the trustee, if any,

23  and may restrict the individual right of action by

24  bondholders. Such resolution or trust agreement may contain

25  such other provisions in addition to the foregoing as the

26  authority may deem reasonable and proper for the security of

27  the bondholders. The authority may provide for the payment of

28  the proceeds of the sale of the bonds and the revenues of any

29  airport facilities to such officer, board, or depositary as it

30  may designate for the custody thereof, and for the method of

31  disbursement thereof, with such safeguards and restrictions as

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  it may determine. All expenses incurred in carrying out the

 2  provisions of such resolution or trust agreement may be

 3  treated as a part of the cost of operation.

 4         (2)  All pledges of revenues under the provisions of

 5  this act shall be valid and binding from time to time when

 6  such pledges are made. All such revenues so pledged and

 7  thereafter received by the authority shall immediately be

 8  subject to the lien of such pledges without any physical

 9  delivery thereof or further action, and the lien of such

10  pledges shall be valid and binding as against all parties

11  having claims of any kind in tort, contract, or otherwise,

12  against the authority, irrespective of whether such parties

13  have notice thereof.

14         Section 12.  All moneys received pursuant to the

15  authority of this act shall be deemed to be trust funds, to be

16  held and applied solely as provided in this act. The

17  resolution authorizing the issuance of bonds or the trust

18  agreement securing such bonds shall provide that any officer

19  to whom, or bank, trust company, or fiscal agent to which,

20  such moneys shall be paid shall act as trustee of such moneys

21  and shall hold and apply the same for the purposes hereof,

22  subject to such regulation as the resolution or trust

23  agreement may provide.

24         Section 13.  Any holder of bonds issued under the

25  provisions of this act or of any of the coupons appertaining

26  thereto, and the trustee under any trust agreement, except to

27  extend the rights herein given as may be restricted by the

28  resolution authorizing the issuance of such bonds or such

29  trust agreement, may, either at law or in equity, by suit,

30  action, mandamus, or other proceedings, protect and enforce

31  any and all rights under the laws of the state or granted

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  hereunder or under such resolution or trust agreement, and may

 2  enforce and compel the performance of all duties required by

 3  this act or by such resolution or trust agreement to be

 4  performed by the authority or by any officer thereof,

 5  including the fixing, charging, and collecting of rates, fees,

 6  and charges for the use of or for the services and facilities

 7  furnished by any airport facilities.

 8         Section 14.  The authority is hereby authorized to

 9  issue from time to time refunding bonds for the purpose of

10  refunding any bonds of the authority then outstanding,

11  including the payment of any redemption premium thereon and

12  any interest accrued or to accrue to the date of redemption of

13  such bonds. The authority is further authorized to issue from

14  time to time bonds of the authority for the combined purpose

15  of refunding any bonds of the authority then outstanding,

16  including the payment of any redemption premium thereon and

17  any interest accrued or to accrue to the date of redemption of

18  such bonds, and paying all or any part of the cost of

19  acquiring or constructing any additional facilities or of any

20  improvements. The issuance of such bonds, the maturities and

21  other details thereof, the rights and remedies of the holders

22  thereof, and the rights, powers, privileges, duties, and

23  obligations of the authority with respect to the same, shall

24  be governed by the foregoing provisions of this act insofar as

25  the same may be applicable.

26         Section 15.  The Sebring Airport Authority, as hereby

27  created, shall have no power or authority to bind or commit

28  the City of Sebring, a municipal corporation, in any manner

29  directly or indirectly and the City of Sebring shall not be

30  liable or responsible in any manner for any of the debts,

31  liabilities, obligations, acts, or omissions of the Sebring

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  Airport Authority, or any of its officers or employees. All

 2  persons dealing with the said authority are hereby charged

 3  with full notice of this limitation of its powers.

 4         Section 16.  The Sebring Airport Authority shall

 5  maintain acceptable books of account reflecting all income and

 6  expenditures and said books shall be open to reasonable public

 7  inspection. In addition, the Sebring Airport Authority Board

 8  shall prepare on or before the first of each year a budget and

 9  no money shall be spent or obligations incurred by the board

10  or authority except in accordance with the terms of said

11  budget.  An audit of the affairs of the Sebring Airport

12  Authority shall be conducted annually by a certified public

13  accountant and shall, at the option of the authority or the

14  City of Sebring, be submitted to the Chief Financial Officer

15  for his or her review by March of each year. Within 2 weeks

16  after completion of said audit, the authority shall cause to

17  be published once in a newspaper published and circulated in

18  the City of Sebring a notice that the audit is available for

19  public inspection at the Sebring Airport Authority's office.

20         Section 17.  The Sebring Airport Authority shall, with

21  the consent of the City Council of Sebring, evidenced by

22  resolution of said council, exercise any powers relating to

23  aviation conferred upon municipalities by general law,

24  including the provisions of chapter 332, Florida Statutes, or

25  the Federal Aviation Administration.

26         Section 18.  The Sebring Airport Authority shall hold

27  regular meetings at least once every month and at such other

28  times as the authority shall determine to be reasonably

29  necessary from time to time.

30         Section 19.  This act shall be deemed to provide an

31  additional and alternative method for the doing of the things

                                  16

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






    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  authorized hereby and shall be regarded as supplemental and

 2  additional to powers conferred by other laws, and shall not be

 3  regarded as in derogation of or as repealing any powers now

 4  existing under any other law, whether general, special, or

 5  local, provided, however, that the issuance of bonds or

 6  refunding bonds under the provisions of this act need not

 7  comply with the requirements of any other law applicable to

 8  the issuance of bonds.

 9         Section 20.  The provisions of this act are severable,

10  and if any of its provisions shall be held unconstitutional by

11  any court of competent jurisdiction, the decision of such

12  court shall not affect or impair any of the remaining

13  provisions.

14         Section 21.  The Sebring Airport Authority is

15  authorized from time to time to issue revenue certificates of

16  the authority to fund its operations, acquisitions,

17  construction, or reconstruction, or the improving, enlarging,

18  or equipping of its functions and facilities, under this act.

19  Revenue certificates shall pay no more than the maximum

20  interest payable upon bonds issued by the state. The interest

21  rate paid may vary provided that it does not exceed the

22  maximum paid by the state. Revenue certificates may pledge

23  only the revenues generated by one or more of the authority's

24  facilities or improvements and shall not be an obligation of

25  the state or the City of Sebring.

26         Section 22.  (1)  The Sebring Airport Authority is

27  authorized to budget and use the funds accruing to it from

28  auxiliary enterprises, gifts, and concessions for promotion

29  and public relations, including expenditures for hospitality

30  of business guests, and industry recruitment (including funds

31  

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    Florida Senate - 2005        (NP)                      SB 2716
    17-1672A-05                                         See HB 753




 1  for travel, meals, and lodging at the actual expense, rather

 2  than the otherwise legally established per diem rates).

 3         (2)  The accrual and expenditures of said funds shall

 4  be considered part of the authority's budget and shall be

 5  answerable to the provisions as stated in section 16 of this

 6  act.

 7         Section 4.  Chapters 67-2070, 82-382, 89-484, 91-415,

 8  95-526, and 2001-332, Laws of Florida, are repealed.

 9         Section 5.  This act shall take effect upon becoming a

10  law.

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                                  18

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