| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Sarasota Manatee Airport Authority; |
| 7 | amending chapter 2003-309, Laws of Florida; authorizing |
| 8 | and empowering the authority to be and serve as a local |
| 9 | agency under pt. II of ch. 159, F.S., the Florida |
| 10 | Industrial Development Financing Act; eliminating the |
| 11 | aggregate limit on outstanding industrial development |
| 12 | revenue bonds issued by the authority; deleting hyphens in |
| 13 | "Sarasota-Manatee Airport Authority" and "Sarasota- |
| 14 | Bradenton International Airport"; substituting the |
| 15 | Transportation Security Administration for the Federal |
| 16 | Aviation Administration as the federal agency authorized |
| 17 | to enforce security programs; changing the reference to |
| 18 | adjacent campus from "University of South Florida" to "New |
| 19 | College of Florida" for purposes of defining the term |
| 20 | "airport grounds"; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 1, subsection (1) of section 3, |
| 25 | subsection (11) of section 5, subsection (1) of section 10, |
| 26 | paragraph (c) of subsection (1) and paragraph (d) of subsection |
| 27 | (3) of section 14, and subsection (2) of section 16 of section 3 |
| 28 | of chapter 2003-309, Laws of Florida, are amended to read: |
| 29 | Section 1. Short title.--This act may be cited as shall be |
| 30 | known by the popular name the "Sarasota Manatee Sarasota-Manatee |
| 31 | Airport Authority Act." |
| 32 | Section 3. Creation and membership of authority.-- |
| 33 | (1) There is hereby created a body politic and corporate |
| 34 | to be known as the "Sarasota Manatee Sarasota-Manatee Airport |
| 35 | Authority" for the purpose of acquiring, constructing, |
| 36 | improving, financing, operating, and maintaining airport |
| 37 | facilities. The authority is constituted a public |
| 38 | instrumentality, and the exercise by the authority of its powers |
| 39 | conferred by this act is deemed and held to be the performance |
| 40 | of essential governmental functions. |
| 41 | Section 5. Powers of the authority.--The authority is |
| 42 | authorized and empowered: |
| 43 | (11) To acquire real property in the name of the authority |
| 44 | by gift, purchase, or the exercise of the power of eminent |
| 45 | domain in accordance with the laws of this state which may be |
| 46 | applicable to the exercise of such powers by counties or |
| 47 | municipalities, including, without limitation, the leasehold |
| 48 | interest of lessees under leases made by the authority as |
| 49 | lessor; to acquire such personal property as it considers |
| 50 | necessary in connection with the acquisition, construction, |
| 51 | reconstruction, improvement, extension, enlargement, equipment, |
| 52 | operation, maintenance, or repair of any airport facilities; and |
| 53 | to hold and dispose of all such real and personal property under |
| 54 | its control. The power granted in this subsection, and under |
| 55 | subsection (5) for acquisition of lands, is limited to lands or |
| 56 | interests therein needed for airport purposes for the existing |
| 57 | Sarasota Bradenton Sarasota-Bradenton International Airport; |
| 58 | however, such limitation does not apply to any other lands or |
| 59 | interests therein if: |
| 60 | (a) The acquisition is for a general aviation facility |
| 61 | that is not acquired for purposes of accommodating major |
| 62 | certified air carriers and the acquisition is approved by |
| 63 | resolutions of the county and municipality, if any, within which |
| 64 | such lands lie; or |
| 65 | (b) The acquisition is for use by major certified air |
| 66 | carriers and has been approved in a referendum of electors in |
| 67 | each of the Counties of Manatee and Sarasota. |
| 68 | Section 10. Industrial development revenue bonds.-- |
| 69 | (1) It is the purpose of this section to authorize the |
| 70 | authority to foster and encourage the development of industrial |
| 71 | facilities, including pollution control facilities, to create or |
| 72 | preserve employment opportunities, to protect the physical |
| 73 | environment, to preserve and increase the prosperity of the |
| 74 | Counties of Sarasota and Manatee, and to promote the general |
| 75 | welfare of all their citizens without the use of public funds by |
| 76 | issuing industrial development revenue bonds to assist the |
| 77 | financing of such facilities. It is declared that there are a |
| 78 | number of industrial facilities on lands presently owned by the |
| 79 | authority which are greatly in need of reconstruction, |
| 80 | improvement, remodeling, replacement, or enlargement in order |
| 81 | that these lands and facilities may be best utilized pending any |
| 82 | future use of such lands and facilities for airport purposes and |
| 83 | that the financing of such reconstruction, improvement, |
| 84 | remodeling, replacement, or enlargement, as provided in this |
| 85 | section, will enable the authority to maintain or increase its |
| 86 | income from such lands and facilities. It is further declared |
| 87 | that the actions authorized by this section serve a public |
| 88 | purpose and that in carrying out the provisions of this section |
| 89 | the authority is regarded as performing an essential |
| 90 | governmental function. The authority is expressly authorized and |
| 91 | empowered to do all acts or things necessary or proper to be and |
| 92 | serve as a local agency under part II of chapter 159, Florida |
| 93 | Statutes, with respect to any project as defined therein. Any |
| 94 | bonds issued by the authority pursuant to part II of chapter |
| 95 | 159, Florida Statutes, shall be entitled to all the benefits |
| 96 | contained in said part, including, but not limited to, ss. |
| 97 | 159.31, 159.39, and 159.40, Florida Statutes outstanding |
| 98 | industrial development revenue bonds authorized by this section |
| 99 | may not at any time exceed $3 million in the aggregate. |
| 100 | Section 14. Law enforcement functions of the authority.-- |
| 101 | (1) Definitions.--As used in this section, the term: |
| 102 | (c) "Airport grounds" includes all of the airport except |
| 103 | for any property or facilities that are under the guidance, |
| 104 | supervision, regulation, or control of New College the |
| 105 | University of South Florida. |
| 106 | (3) Airport authority police.-- |
| 107 | (d) Airport authority police must meet the requirements of |
| 108 | the Transportation Security Federal Aviation Administration |
| 109 | prescribed in Title 49 14, Chapter 1, Parts 1542 107 and 1544 |
| 110 | 108, of the Code of Federal Regulations, relating to airport |
| 111 | security and airplane operator security. An airport authority |
| 112 | police officer has the authority to enforce each security |
| 113 | program, and each passenger-screening program, required by the |
| 114 | Aviation and Transportation Security Act, Public Law 107-71, or |
| 115 | any successor statute. |
| 116 | Section 16. Beverage license.-- |
| 117 | (2) Such beverage license shall be issued upon proper |
| 118 | application for license to conduct business, as provided by law. |
| 119 | The application must be in the name of the Sarasota Manatee |
| 120 | Sarasota-Manatee Airport Authority, and when issued it must be |
| 121 | issued in the name of such applicant. The applicant shall pay to |
| 122 | the tax collector the license fee for the kind of license that |
| 123 | the applicant desires, as provided by the Beverage Law. |
| 124 | Section 2. This act shall take effect upon becoming a law. |