HB 1579

1
A bill to be entitled
2An act relating to the Sarasota Manatee Airport Authority;
3amending chapter 2003-309, Laws of Florida; authorizing
4and empowering the authority to be and serve as a local
5agency under part II, chapter 159, F.S., the Florida
6Industrial Development Financing Act; eliminating the
7aggregate limit on outstanding industrial development
8revenue bonds issued by the authority; authorizing and
9empowering the authority, to the extent permitted by the
10State Constitution and laws of this state, to establish,
11operate, or support subsidiary and affiliate entities,
12either for profit or not for profit, and to establish or
13support nonaffiliated corporations not for profit, to
14assist the authority in fulfilling its declared public
15purposes; authorizing the authority to participate in
16lawful forms of business organization to provide airport
17or aviation services or engage in activities related
18thereto; deleting hyphens in "Sarasota-Manatee Airport
19Authority" and "Sarasota-Bradenton International Airport";
20substituting the Transportation Security Administration
21for the Federal Aviation Administration as the federal
22agency authorized to enforce security programs; renaming
23"airport authority police" as "airport police"; changing
24the reference to adjacent campus from "University of South
25Florida" to "New College of Florida" for purposes of
26defining "airport grounds"; renaming "airport authority
27parking enforcement specialists" as "traffic control
28specialists"; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 1, subsection (1) of section 3,
33subsection (11) of section 5, subsection (1) of section 10,
34subsections (1), (3), and (4) of section 14, and subsection (2)
35of section 16 of section 3 of chapter 2003-309, Laws of Florida,
36are amended, and subsections (22) and (23) are added to section
375 of that section, to read:
38     Section 1.  Short title.--This act may be cited as shall be
39known by the popular name the "Sarasota Manatee Sarasota-Manatee
40Airport Authority Act."
41     Section 3.  Creation and membership of authority.--
42     (1)  There is hereby created a body politic and corporate
43to be known as the "Sarasota Manatee Sarasota-Manatee Airport
44Authority" for the purpose of acquiring, constructing,
45improving, financing, operating, and maintaining airport
46facilities. The authority is constituted a public
47instrumentality, and the exercise by the authority of its powers
48conferred by this act is deemed and held to be the performance
49of essential governmental functions.
50     Section 5.  Powers of the authority.--The authority is
51authorized and empowered:
52     (11)  To acquire real property in the name of the authority
53by gift, purchase, or the exercise of the power of eminent
54domain in accordance with the laws of this state which may be
55applicable to the exercise of such powers by counties or
56municipalities, including, without limitation, the leasehold
57interest of lessees under leases made by the authority as
58lessor; to acquire such personal property as it considers
59necessary in connection with the acquisition, construction,
60reconstruction, improvement, extension, enlargement, equipment,
61operation, maintenance, or repair of any airport facilities; and
62to hold and dispose of all such real and personal property under
63its control. The power granted in this subsection, and under
64subsection (5) for acquisition of lands, is limited to lands or
65interests therein needed for airport purposes for the existing
66Sarasota Bradenton Sarasota-Bradenton International Airport;
67however, such limitation does not apply to any other lands or
68interests therein if:
69     (a)  The acquisition is for a general aviation facility
70that is not acquired for purposes of accommodating major
71certified air carriers and the acquisition is approved by
72resolutions of the county and municipality, if any, within which
73such lands lie; or
74     (b)  The acquisition is for use by major certified air
75carriers and has been approved in a referendum of electors in
76each of the Counties of Manatee and Sarasota.
77     (22)  To the extent permitted by the State Constitution and
78laws of this state, to establish, operate, or support
79subsidiaries and affiliates, either for profit or not for
80profit, to assist the authority in fulfilling its declared
81public purposes, including, but not limited to, the provision of
82airport and aviation-related services to other airport owners or
83operators and to aviation-related businesses and the
84acquisition, management, and disposition of properties; to
85establish or support nonaffiliated corporations not for profit
86that operate primarily within Sarasota and Manatee Counties and
87that have as their purposes the furtherance of the authority's
88provision and support of its airport, airport facilities, and
89airport operations and system; and to accomplish such
90establishment, operation, or support of any such subsidiary,
91affiliate, or nonaffiliated corporation not for profit by means
92of loans of funds either interest-free or at low interest,
93leases of real or personal property either rent-free or for low
94rental, gifts and grants of funds, or guarantees of indebtedness
95of such subsidiaries, affiliates, and nonaffiliated corporations
96not for profit; however, the subsidiary or affiliate
97corporations or nonaffiliated corporations not for profit
98authorized by this subsection shall not be empowered to engage
99in business activities within the air operations area of the
100Sarasota Bradenton International Airport, except to the extent
101that such activities involve the provision of direct services to
102air carriers or involve the manufacture, processing, or assembly
103of goods or materials for sale or distribution. The
104establishment, operation, or support of a subsidiary or
105affiliate corporation or nonaffiliated corporation not for
106profit is hereby found and declared to be a public purpose and
107necessary for the authority to carry out its public
108responsibilities and for the welfare of the authority, the
109inhabitants of Sarasota and Manatee Counties, airport users, and
110the traveling public. It is the intent of the Legislature to
111authorize the formation of the entities described in this
112subsection to further the interests of the residents of Sarasota
113and Manatee Counties in maintaining the financial well-being of
114the authority by providing, directly or indirectly, for the
115delivery, financing, and support of aviation and airport
116services and related activities to the extent consistent with
117the financial, facility, and development needs of the authority.
118     (23)  To the extent permitted by the State Constitution and
119laws of this state, to participate as a shareholder in a
120corporation, a joint venturer in a joint venture, a partner in a
121limited partnership or a general partnership, or a member of a
122limited liability company or any other lawful form of business
123organization that provides airport or aviation services or
124engages in activities related thereto; to make or arrange for
125loans, contributions to capital, and other debt and equity
126financing for the activities of such corporations, joint
127ventures, partnerships, or other lawful forms of business
128organization and to guarantee loans for such purposes; to elect
129the boards of directors of its corporations not for profit; and
130to utilize, for any lawful purpose, assets and resources of the
131authority to the extent not needed for airport, aviation, and
132related activities; however, the authority shall not be
133empowered to utilize the forms of business organization
134authorized by this subsection to engage in business activities
135within the air operations area of the Sarasota Bradenton
136International Airport, except to the extent that such activities
137involve the provision of direct services to air carriers or
138involve the manufacture, processing, or assembly of goods or
139materials for sale or distribution. Any organization described
140in this subsection or subsection (22) shall be exempt from state
141and local taxation to the extent that said organizations engage
142in educational, scientific, charitable, or governmental
143purposes.
144     Section 10.  Industrial development revenue bonds.--
145     (1)  It is the purpose of this section to authorize the
146authority to foster and encourage the development of industrial
147facilities, including pollution control facilities, to create or
148preserve employment opportunities, to protect the physical
149environment, to preserve and increase the prosperity of the
150Counties of Sarasota and Manatee, and to promote the general
151welfare of all their citizens without the use of public funds by
152issuing industrial development revenue bonds to assist the
153financing of such facilities. It is declared that there are a
154number of industrial facilities on lands presently owned by the
155authority which are greatly in need of reconstruction,
156improvement, remodeling, replacement, or enlargement in order
157that these lands and facilities may be best utilized pending any
158future use of such lands and facilities for airport purposes and
159that the financing of such reconstruction, improvement,
160remodeling, replacement, or enlargement, as provided in this
161section, will enable the authority to maintain or increase its
162income from such lands and facilities. It is further declared
163that the actions authorized by this section serve a public
164purpose and that in carrying out the provisions of this section
165the authority is regarded as performing an essential
166governmental function. The authority is expressly authorized and
167empowered to do all acts or things necessary or proper to be and
168serve as a local agency under part II of chapter 159, Florida
169Statutes, with respect to any project as defined therein. Any
170bonds issued by the authority pursuant to part II of chapter
171159, Florida Statutes, shall be entitled to all the benefits
172contained in said part, including, but not limited to, ss.
173159.31, 159.39, and 159.40, Florida Statutes outstanding
174industrial development revenue bonds authorized by this section
175may not at any time exceed $3 million in the aggregate.
176     Section 14.  Law enforcement functions of the authority.--
177     (1)  Definitions.--As used in this section, the term:
178     (a)  "Air operations area" means a portion of the airport
179designed and used for landing, taking off, or surface
180maneuvering of airplanes.
181     (b)  "Airport" means any real property the fee simple title
182to which is vested in the airport authority.
183     (c)  "Airport grounds" includes all of the airport except
184for any property or facilities that are under the guidance,
185supervision, regulation, or control of New College the
186University of South Florida.
187     (d)  "Traffic," when used as a noun, means the use or
188occupancy of, and the movement in, on, or over, streets, ways,
189walks, roads, alleys, parking areas, and air operations areas by
190vehicles, pedestrians, or ridden or herded animals.
191     (3)  Airport authority police.--
192     (a)  The airport authority may provide for police officers
193for the airport authority, who shall be designated "airport
194authority police."
195     (b)  The airport authority police are declared to be law
196enforcement officers of the state and conservators of the peace
197with the authority to arrest, in accordance with the laws of
198this state, any person for a violation of state or federal law
199or an applicable county or municipal ordinance if the violation
200occurs on airport grounds. Airport authority police may also
201make arrests in fresh pursuit off airport grounds for such
202violations if pursuit originated on airport grounds. Airport
203authority police have full authority to bear arms in the
204performance of their duties and to execute search warrants
205within the airport grounds. Airport authority police, when
206requested by the Sheriff of Sarasota County, the Sheriff of
207Manatee County, or the chief administrative police officer of
208the City of Sarasota, may serve subpoenas or other legal process
209and may make arrests of persons against whom arrest warrants
210have been issued or charges have been made for violations of
211federal or state laws or county or municipal ordinances.
212     (c)  An airport authority police officer may enforce all
213applicable laws or ordinances pertaining to traffic, parking, or
214security on the airport grounds and may issue citations for such
215violations.
216     (d)  Airport authority police must meet the requirements of
217the Transportation Security Federal Aviation Administration
218prescribed in Title 49 14, Chapter 1, Parts 1542 107 and 1544
219108, of the Code of Federal Regulations, relating to airport
220security and airplane operator security. An airport authority
221police officer has the authority to enforce each security
222program, and each passenger-screening program, required by the
223Aviation and Transportation Security Act, Public Law 107-71, or
224any successor statute.
225     (e)  An airport authority police officer shall promptly
226deliver each person arrested and charged with a felony to the
227sheriff of the county within which the offense occurred and each
228person arrested and charged with a misdemeanor to the applicable
229authority as may be provided by law, but otherwise to the
230sheriff of the county in which the offense occurred.
231     (f)  Each airport authority police officer must meet the
232minimum standards established by the Criminal Justice Standards
233and Training Commission of the Department of Law Enforcement and
234chapter 943, Florida Statutes, for law enforcement officers.
235Each airport authority police officer must, before entering into
236the performance of his or her duties, take the oath of office
237established by the airport authority. The airport authority
238shall enter into a good and sufficient bond on each airport
239authority police officer, payable to the Governor and his
240successors in office, in the penal sum of $5,000 with a surety
241company authorized to do business in this state as surety
242thereon and conditioned on the faithful performance of the
243duties of the officer. The airport authority shall provide a
244uniform set of identifying credentials to each airport authority
245police officer it employs.
246     (g)  In the performance of any of the powers, duties, and
247functions authorized by law, airport authority police have the
248same rights, protections, and immunities afforded other law
249enforcement officers by general law.
250     (h)  The airport authority may exercise and perform all the
251powers and prerogatives conferred upon law enforcement agencies
252by sections 932.701-932.704, Florida Statutes, with respect to
253forfeiture of contraband.
254     (i)  The airport authority, with the approval of the
255Department of Law Enforcement, shall adopt rules, including, but
256not limited to, the appointment, employment, and removal of
257airport authority police and shall establish in writing a police
258manual, including examples of how to handle a routine law
259enforcement situation and an emergency law enforcement
260situation. The airport authority shall furnish a copy of the
261police manual to each of the airport authority police officers
262it employs.
263     (4)  Traffic control Airport authority parking enforcement
264specialists.--
265     (a)  The airport authority may provide for traffic control
266parking enforcement specialists for the airport authority, who
267shall be designated "traffic control airport authority parking
268enforcement specialists."
269     (b)1.  A traffic control An airport authority parking
270enforcement specialist may enforce, on the airport grounds, all
271applicable laws and ordinances relating to parking and may issue
272citations for parking in violation of such laws or ordinances.
273     2.  A traffic control An airport authority parking
274enforcement specialist may not carry a firearm or other weapon
275and does not have the authority to make arrests.
276     (c)  Each traffic control airport authority parking
277enforcement specialist must meet the minimum standards
278established by the Criminal Justice Standards and Training
279Commission of the Department of Law Enforcement for traffic
280control parking enforcement specialists.
281     Section 16.  Beverage license.--
282     (2)  Such beverage license shall be issued upon proper
283application for license to conduct business, as provided by law.
284The application must be in the name of the Sarasota Manatee
285Sarasota-Manatee Airport Authority, and when issued it must be
286issued in the name of such applicant. The applicant shall pay to
287the tax collector the license fee for the kind of license that
288the applicant desires, as provided by the Beverage Law.
289     Section 2.  This act shall take effect upon becoming a law.


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