| 1 | Representative(s) Jennings offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (209829) (with directory |
| 4 | and title amendments) |
| 5 | Remove everything after the enacting clause and insert: |
| 6 |
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| 7 | Section 1. (1) The reenactment of existing law in this |
| 8 | act shall not be construed as a grant of additional authority to |
| 9 | or to supersede the authority of any entity pursuant to law. |
| 10 | Exceptions to law contained in any special act that are |
| 11 | reenacted pursuant to this act shall continue to apply. |
| 12 | (2) The reenactment of existing law in this act shall not |
| 13 | be construed to modify, amend, or alter any covenants, |
| 14 | contracts, or other obligations of any district with respect to |
| 15 | bonded indebtedness. Nothing pertaining to the reenactment of |
| 16 | existing law in this act shall be construed to affect the |
| 17 | ability of any district to levy and collect taxes, assessments, |
| 18 | fees, or charges for the purpose of redeeming or servicing |
| 19 | bonded indebtedness of the district. |
| 20 | Section 2. Chapters 86-469, 89-433, and 95-457, Laws of |
| 21 | Florida, are amended, codified, reenacted, and repealed as |
| 22 | provided in this act. |
| 23 | Section 3. The charter for the Gainesville-Alachua County |
| 24 | Regional Airport Authority is re-created and reenacted to read: |
| 25 | Section 1. Short title.--This act may be cited as the |
| 26 | "Gainesville-Alachua County Regional Airport Authority Act." |
| 27 | Section 2. Definitions.--As used in this act, unless the |
| 28 | context otherwise requires, the term: |
| 29 | (1) "Airport" means any area of land or water as described |
| 30 | by City of Gainesville ordinance that is designed for the |
| 31 | landing and taking off of aircraft, whether or not facilities |
| 32 | are provided for the shelter, servicing, or repair of aircraft |
| 33 | or for receiving and discharging passengers or cargo, and all |
| 34 | appurtenant areas used or suitable for airport buildings or |
| 35 | other airport facilities, which may change from time to time by |
| 36 | ordinance amendment. |
| 37 | (2) "Airport facilities" means facilities used for the |
| 38 | transportation of people and cargo as described by City of |
| 39 | Gainesville ordinance, including, but not limited to, runways, |
| 40 | taxiways, taxi lanes, aprons, hangars, shops, terminals, |
| 41 | buildings, parking lots, roadways, and all other facilities |
| 42 | necessary or desirable for the landing, taking off, operating, |
| 43 | servicing, repairing, and parking of aircraft, and the unloading |
| 44 | and handling of passengers, mail, and express and freight cargo, |
| 45 | together with all necessary appurtenances and equipment and all |
| 46 | property rights, easements, and franchises relating thereto. |
| 47 | (3) "Authority" means the Gainesville-Alachua County |
| 48 | Regional Airport Authority created herein. |
| 49 | (4) "Board of county commissioners" means the Board of |
| 50 | County Commissioners of the County of Alachua. |
| 51 | (5) "Bond" includes bonds, debentures, notes, certificates |
| 52 | of indebtedness, mortgage certificates, or other obligations or |
| 53 | evidences of indebtedness of any type or character. |
| 54 | (6) "City" means the City of Gainesville. |
| 55 | (7) "City Commission" means the City Commission of the |
| 56 | City of Gainesville. |
| 57 | (8) "County" means the County of Alachua. |
| 58 | (9) "Person" means any individual, firm, partnership, |
| 59 | corporation, company, association, joint stock association, or |
| 60 | body politic and includes any trustee, receiver, assignee, or |
| 61 | other similar representative thereof. |
| 62 | (10) "Revenue bonds" means obligations of the authority |
| 63 | which are payable from revenues derived from sources other than |
| 64 | ad valorem taxes on real or tangible personal property and which |
| 65 | do not pledge the property, credit, or general tax revenue of |
| 66 | the authority or the city. |
| 67 | (11) "Refunding bonds" means bonds issued to refinance |
| 68 | outstanding bonds of any type and the interest and redemption |
| 69 | premium thereon. Refunding bonds shall be issuable and payable |
| 70 | in the same manner as the refinanced bonds, except that no |
| 71 | approval by the electorate shall be required unless required by |
| 72 | the State Constitution. |
| 73 | Section 3. Creation; purpose.-- |
| 74 | (1) The Gainesville-Alachua County Regional Airport |
| 75 | Authority is created, and the powers granted by this act are |
| 76 | declared to be public and governmental functions, exercised for |
| 77 | public purposes, and are matters of public necessity. Lands and |
| 78 | other real and personal property, easements, and privileges |
| 79 | acquired and used by the authority are declared to have been |
| 80 | acquired for and used for public and governmental purposes and |
| 81 | as a matter of public necessity. The authority is a public body |
| 82 | corporate and is an independent special district. |
| 83 | (2) The authority shall have jurisdiction over the |
| 84 | operation and maintenance of, and improvements to, the airport |
| 85 | and airport facilities. The authority has jurisdiction, control, |
| 86 | supervision, and management over other airports in the county |
| 87 | except any airport owned, controlled, and operated by a private |
| 88 | person. Said jurisdiction, control, supervision, and management |
| 89 | are in the best interest of the county and each municipality. |
| 90 | Section 4. Membership of the authority.-- |
| 91 | (1) The powers of the authority shall be vested in its |
| 92 | members in office from time to time. There shall be nine |
| 93 | members. No member shall receive any compensation for services |
| 94 | as a member. As a condition of eligibility for appointment and |
| 95 | to hold office, each member shall reside within the city or the |
| 96 | county. However, one member appointed by the Governor may reside |
| 97 | in a county contiguous to Alachua County. No person shall serve |
| 98 | as a member of the authority and, at the same time, hold any |
| 99 | publicly elected office in the State of Florida. |
| 100 | (2) Upon expiration of initial terms of office, subsequent |
| 101 | appointments shall be made as follows: |
| 102 | (a) The Governor shall replace by appointment any of the |
| 103 | three members appointed by him or her under chapter 95-457, Laws |
| 104 | of Florida, on or prior to the date of expiration of the |
| 105 | preceding term. |
| 106 | (b) The board of county commissioners shall replace by |
| 107 | appointment the member appointed by it under chapter 95-457, |
| 108 | Laws of Florida, on or prior to the date of expiration of the |
| 109 | preceding term. |
| 110 | (c) The city commission shall replace by appointment any |
| 111 | of the remaining five members on or prior to the expiration of |
| 112 | the preceding term. |
| 113 | (3) If, upon expiration of a member's term of office, the |
| 114 | appointing entity fails to replace by appointment its member, |
| 115 | and the member is willing to continue to serve, the member with |
| 116 | the expired term shall continue to serve until a replacement |
| 117 | appointment is made. |
| 118 | (4) The term of any member initially appointed prior to |
| 119 | the effective date of this act shall expire on July 31 of the |
| 120 | year such member's term was scheduled to expire under chapter |
| 121 | 95-457, Laws of Florida. No member shall serve more than two |
| 122 | successive terms. |
| 123 | (5) All members appointed subsequent to the effective date |
| 124 | of this act shall serve 3-year terms of office, beginning on |
| 125 | August 1 and expiring on July 31 of the appropriate year. |
| 126 | (6) Except as may be otherwise provided herein, vacancies |
| 127 | in office shall be filled for the balance of the term by the |
| 128 | appropriate appointing entity, in the same manner as set forth |
| 129 | in subsection (2). A vacant position shall remain vacant until a |
| 130 | successor has been appointed by the appropriate appointing |
| 131 | entity. |
| 132 | (7) A member may be removed by the entity appointing such |
| 133 | member upon grounds constituting misfeasance, neglect of duty, |
| 134 | incompetence, or permanent inability to perform official duties. |
| 135 | Upon conviction of a felony, a member shall be automatically |
| 136 | removed. The unexcused failure to attend three consecutive |
| 137 | regular meetings of the authority shall be deemed neglect of |
| 138 | duty, without limiting the meaning of the term "neglect of |
| 139 | duty." |
| 140 | Section 5. Organization; meetings; notice; quorum.--A |
| 141 | chair, vice chair, and secretary-treasurer shall be chosen by |
| 142 | and from the authority membership. The chair, vice chair, and |
| 143 | secretary-treasurer shall each serve a term of office of 1 year, |
| 144 | and no member shall hold the same office for more than two |
| 145 | consecutive terms. |
| 146 | (1) The authority shall meet at the call of the chair, at |
| 147 | the request of three or more of its members, and at such other |
| 148 | times as may be prescribed by rule of the authority. |
| 149 | (2) The authority shall give notice of all meetings at |
| 150 | least 48 hours prior thereto, which shall be published in a |
| 151 | newspaper in general circulation in Alachua County, and shall |
| 152 | include agenda items whenever such items involve leasing of any |
| 153 | airport property. All meetings of the authority shall be so |
| 154 | noticed except emergency meetings, which shall only be called |
| 155 | when there is an immediate danger to the public health, safety, |
| 156 | or welfare, do not require at least 48 hours' prior public |
| 157 | notice, and reasonable notice under the circumstances shall be |
| 158 | provided in such cases. |
| 159 | (3) The presence of five members is required to constitute |
| 160 | a quorum, and the affirmative vote of a majority of the members |
| 161 | present and eligible to vote, but no fewer than four of the |
| 162 | members present and eligible to vote, is required for any action |
| 163 | or recommendation by the authority. |
| 164 | Section 6. Restrictions.-- |
| 165 | (1) No person who has transacted business with the |
| 166 | authority shall be eligible for appointment to the authority |
| 167 | until 3 years after the last transaction. No person who has |
| 168 | served on the authority shall be eligible to transact business |
| 169 | with the authority until 3 years after the person's last date of |
| 170 | service. Said transactions include transactions either for |
| 171 | oneself or as an employee of, agent for, or consultant to any |
| 172 | other person or legal entity. However, nothing in this paragraph |
| 173 | shall be construed as prohibiting an appointed member from |
| 174 | purchasing supplies or services from any fixed-base operators or |
| 175 | tenants at the airport or Airport Industrial Park, or for |
| 176 | renting individual aircraft hangars or tie-downs offered to the |
| 177 | general public and owned by the authority, provided that the |
| 178 | price and terms of the transaction are available to all members |
| 179 | of the public. |
| 180 | (2) No member, officer, agent, or employee of the |
| 181 | authority, either for himself or herself or as agent for anyone |
| 182 | else, or as a stockholder or owner in any other legal entity, |
| 183 | shall participate in or benefit directly or indirectly from any |
| 184 | sale, purchase, lease, franchise, contract, or other transaction |
| 185 | entered into by the authority or the city. The provisions of |
| 186 | this subsection shall be cumulative to any general laws of the |
| 187 | state that may from time to time be applicable to members, |
| 188 | officers, agents, or employees of the authority and that require |
| 189 | the disclosure of, or prohibit, conflicts of interest. |
| 190 | (3) No member, as an individual, may represent the |
| 191 | authority, speak for the authority, or speak on behalf of the |
| 192 | authority without being directed through a formal action of the |
| 193 | authority to do so. |
| 194 | Section 7. Powers and duties.-- |
| 195 | (1) The authority shall have jurisdiction over the |
| 196 | operation and maintenance of all airport and airport facilities |
| 197 | in the city or county, except any airport owned and operated by |
| 198 | a private person. |
| 199 | (2) The authority has the power to and may: |
| 200 | (a) Approve, file with the chief executive officer (CEO), |
| 201 | and pay any surety bond required of any member or of any |
| 202 | employee of the authority. |
| 203 | (b) Advertise for sealed bids when required by law; |
| 204 | however, the authority may reject all bids and readvertise or |
| 205 | select a single item from any bid as further provided in this |
| 206 | act. |
| 207 | (c) Adopt before October 1 an annual budget that has been |
| 208 | prepared by the CEO and which must include an estimate of all |
| 209 | revenues and anticipated expenditures for the following fiscal |
| 210 | year. |
| 211 | (d) Require in all bond documents that moneys derived from |
| 212 | such bonds be paid to or upon order of the authority. |
| 213 | (e) Have the authority's finances audited in the same |
| 214 | manner as other independent special districts are audited. |
| 215 | (f) Rely on the provisions of this act in exercising its |
| 216 | powers. |
| 217 | (g) Appoint or employ and constitute its own airport |
| 218 | guards or police officers, or to contract with the city, county, |
| 219 | or agency of the state to provide 1aw enforcement services and |
| 220 | protection through its duly sworn officers, and all such |
| 221 | officers shall have full power of arrest to prevent or abate the |
| 222 | commission of an offense against the ordinances of the city or |
| 223 | county, the laws of this state, or the laws of the United |
| 224 | States, when any such offense or threatened offense occurs upon |
| 225 | airport property on the airport. |
| 226 | (h) Construct and maintain terminal buildings, causeways, |
| 227 | roadways, bridges for approach to or connecting with the |
| 228 | airport, on airport property. |
| 229 | (i) Require the secretary-treasurer and other officers or |
| 230 | employees of the authority to execute an adequate surety bond, |
| 231 | conditioned upon the faithful performance of the duties of the |
| 232 | office or employment and in a penal sum fixed by the authority. |
| 233 | (j) Establish positions, duties, and a pay plan, and |
| 234 | employ, pay, provide benefits for, promote, discipline, and |
| 235 | terminate personnel and a CEO, in accordance with general law, |
| 236 | who shall be responsible for the day-to-day administration, |
| 237 | management, and operation of the airport in accordance with |
| 238 | policy established by the authority and perform other duties as |
| 239 | may be authorized by the authority. |
| 240 | (k) By policy or resolution, authorize the CEO to perform |
| 241 | any of the powers of the authority in whole or in part and with |
| 242 | whatever other limitations it may find appropriate, provided |
| 243 | that said authorization does not result in an invalid exercise |
| 244 | of delegated legislative authority as defined in general law. |
| 245 | (l) Employ or contract with technical and professional |
| 246 | experts necessary to assist the authority in carrying out or |
| 247 | exercising any powers granted by this act. |
| 248 | (m) Reimburse for all travel expenses incurred while on |
| 249 | business for the authority, upon requisition, any member, its |
| 250 | attorneys, the CEO, and any employee of the authority traveling |
| 251 | under the direction of the CEO or the CEO's designee in |
| 252 | accordance with section 112.061, Florida Statutes. |
| 253 | (n) Create, appoint, and prescribe the duties of any |
| 254 | committee. |
| 255 | (o) Sue and be sued. |
| 256 | (p) Adopt, use, and alter a corporate seal. |
| 257 | (q) Publish advertisements. |
| 258 | (r) Waive advertisement when the authority determines an |
| 259 | emergency exists and supplies and materials must be immediately |
| 260 | acquired by the authority. |
| 261 | (s) Negotiate and enter into contracts, agreements, |
| 262 | exclusive or limited agreements, and cooperation agreements of |
| 263 | any kind necessary for the authority to fulfill the purposes of |
| 264 | this act. |
| 265 | (t) Include contract specifications maximizing the |
| 266 | employment of persons whose protected group has been |
| 267 | underutilized in the past. |
| 268 | (u) Provide for the manual execution of any instrument on |
| 269 | behalf of the authority by the signature of the chair or vice |
| 270 | chair, and attested to by the secretary or the assistant |
| 271 | secretary, or, if delegated by the members to do so, the CEO or |
| 272 | any other authority personnel to whom authority has been |
| 273 | delegated, or by the signer's facsimile signature in accordance |
| 274 | with the Uniform Facsimile Signature of Public Officials Act. |
| 275 | (v) Purchase and sell equipment, supplies, and services |
| 276 | required for its purposes. |
| 277 | (w) Consent to the sale, lease, transfer, disposition of, |
| 278 | or granting a lesser interest in the airport. To let or lease |
| 279 | the airport and the airport facilities or any portion thereof |
| 280 | and to grant concessions upon such terms and conditions as it |
| 281 | shall deem proper. |
| 282 | (x) Dispose of tangible personal property in accordance |
| 283 | with chapter 274, Florida Statutes. |
| 284 | (y) Advertise, promote, and encourage the use and |
| 285 | expansion of facilities under its jurisdiction. |
| 286 | (z) The airport shall have jurisdiction over the operation |
| 287 | and maintenance of the airport and airport facilities. All |
| 288 | development activity must be in accordance with the City of |
| 289 | Gainesville's Comprehensive Plan and Land Development |
| 290 | Regulations, except as set forth below in this paragraph, and |
| 291 | with the Airport Master Zoning Plan to be adopted by the city |
| 292 | commission and updated from time to time by the city commission. |
| 293 | The airport may adopt its own development standards relating |
| 294 | only to heights and design of buildings, landscaping, parking, |
| 295 | sidewalks, lighting, and signage (excluding billboards and off- |
| 296 | premises signs). If the authority formally adopts such |
| 297 | development standards, they will apply in lieu of the comparable |
| 298 | specific standards in the city's land development regulations. |
| 299 | (aa) Acquire real property in fee simple or any lesser |
| 300 | interest or easement by purchase, gift, devise, lease, or other |
| 301 | means if the authority is able to agree with the owners of said |
| 302 | property on the terms of such acquisition. To acquire real |
| 303 | property in fee simple or any lesser interest or easement as it |
| 304 | may deem necessary for the property managing and operation of |
| 305 | the airport and airport facilities, by condemnation in the |
| 306 | manner provided by the law under which municipalities are |
| 307 | authorized to acquire property for public purposes, with full |
| 308 | power to exercise the right of eminent domain for such purposes |
| 309 | being hereby granted to said authority as specified in and |
| 310 | including all the powers, rights, and privileges of chapters 73 |
| 311 | and 74, Florida Statutes, or any succeeding legislation. For the |
| 312 | purposes of making surveys and examinations relative to any |
| 313 | condemnation proceedings, it shall be lawful to enter upon any |
| 314 | land, doing no unnecessary damage. The authority may take |
| 315 | possession of any such property to be acquired at any time after |
| 316 | the filing of the petition describing the same in condemnation |
| 317 | proceedings, as provided in chapters 73 and 74, Florida |
| 318 | Statutes. It shall not be precluded from abandoning the |
| 319 | condemnation of any such property in any case where possession |
| 320 | thereof has not been taken. To acquire or lease personal |
| 321 | property in the name of the authority. |
| 322 | (bb) Reimburse the owner of any structure for which the |
| 323 | authority may require removal, relocation, or reconstruction |
| 324 | located in, on, under, or across any private property, public |
| 325 | street, highway, or other public or private places for the |
| 326 | estimated or actual expense of the removal, relocation, or |
| 327 | reconstruction. |
| 328 | (cc) Supplement and coordinate in design and operation air |
| 329 | navigation facilities with those established and operated by the |
| 330 | federal and state governments. |
| 331 | (dd) Request the county or any municipality to convey to |
| 332 | the authority the fee simple title to any airport or other |
| 333 | property owned by the county or any municipality and needed for |
| 334 | airport purposes. |
| 335 | (ee) Relinquish jurisdiction, control, supervision, and |
| 336 | management over the airport or part of the airport which is |
| 337 | under its jurisdiction but which is owned by a municipality, |
| 338 | county, or other governmental agency, upon determining that any |
| 339 | such airport or part of any such airport is no longer required |
| 340 | for airport purposes, provided that the consent and approval of |
| 341 | any municipality, county, or other governmental agency and any |
| 342 | revenue bondholders are first obtained and necessary |
| 343 | authorizations or approvals are received from federal agencies |
| 344 | regulating airports. |
| 345 | (ff) Expend revenues for the cost of investigating, |
| 346 | surveying, planning, acquiring, establishing, constructing, |
| 347 | enlarging, improving, equipping, and erecting airport facilities |
| 348 | by appropriation of revenues or wholly or partly from the |
| 349 | proceeds of bonds of the authority. The term "cost" includes |
| 350 | awards in condemnation proceedings, rentals where an acquisition |
| 351 | is by lease, and amounts paid to utility companies for |
| 352 | relocation of their wires, poles, and other facilities. |
| 353 | (gg) Incur expenses as provided in its annual budget and |
| 354 | any amended budget. |
| 355 | (hh) Assess against and collect from the owner or operator |
| 356 | of each airplane using any airport facility a landing fee or |
| 357 | service charge sufficient to cover the cost of the service |
| 358 | furnished to airplanes using any such facility, which cost may |
| 359 | include the liquidation of bonds or other indebtedness for |
| 360 | construction and improvement. |
| 361 | (ii) Accept federal, state, and any other public or |
| 362 | private moneys, grants, contributions, or loans for the |
| 363 | acquisition, construction, enlargement, improvement, |
| 364 | maintenance, equipment, or operation of airport facilities, or |
| 365 | any other lawful purpose. |
| 366 | (jj) Fix, alter, charge, establish, and collect rates, |
| 367 | fees, rentals, and other charges for the services of the |
| 368 | authority at reasonable and uniform rates. |
| 369 | (kk) Apply for, hold, and periodically transfer alcoholic |
| 370 | beverage licenses as provided by this act. |
| 371 | (ll) Adopt and amend rules, regulations, and policies |
| 372 | reasonably necessary for the implementation of this act. |
| 373 | (mm) By resolution, fix and enforce civil penalties for |
| 374 | the violation of a rule, regulation, or policy adopted in |
| 375 | accordance with this act relating to the operation of general |
| 376 | aviation, air passenger service, or ground transportation |
| 377 | service. |
| 378 | (nn) Amend the budget after its adoption. |
| 379 | (oo) Receive, deposit, secure, and pay out moneys as |
| 380 | provided by this act. |
| 381 | (pp) Designate a depository or depositories which are |
| 382 | qualified as a public depository pursuant to section 280.04, |
| 383 | Florida Statutes, and thereafter establish and open an account |
| 384 | or accounts into which revenues collected are to be deposited |
| 385 | and from which expenditures may be made. |
| 386 | (qq) Establish and deposit into and expend moneys from a |
| 387 | surplus fund by using funds that may remain unexpended at the |
| 388 | end of the fiscal year and may be set aside in a separate fund |
| 389 | to be known as the Capital Improvement Fund and accumulated and |
| 390 | expended from year to year solely for the purpose of building |
| 391 | and constructing permanent improvements, replacements, |
| 392 | alterations, buildings, and other structures, including runways, |
| 393 | taxi strips, and aprons. |
| 394 | (rr) By resolution, borrow money and issue bonds in the |
| 395 | manner and within the limitation, except as otherwise provided |
| 396 | in this act, prescribed by general law for the issuance and |
| 397 | authorization of bonds; however, any bonds issued by the |
| 398 | authority shall have a maturity date not exceeding 40 years from |
| 399 | the date of issuance, shall be self-liquidating or otherwise |
| 400 | payable from revenues of the authority, shall be payable |
| 401 | semiannually, and shall not be a lien against the general taxing |
| 402 | powers of the county or any municipality. |
| 403 | (ss) Enter into any agreements with any bank or trust |
| 404 | company as security for its bonds, and assign and pledge any or |
| 405 | all of its revenues. Such agreements may contain provisions |
| 406 | customary in such instruments or as authorized by the authority. |
| 407 | (tt) Secure the payment of bonds or any part thereof by |
| 408 | pledging all or any part of its revenues and provide for the |
| 409 | security of said bonds, without pledging any real property |
| 410 | rights to the airport or airport facilities, and the rights and |
| 411 | remedies of the bondholders. |
| 412 | (uu) Pending the preparation of definitive bonds, issue |
| 413 | certificates or temporary bonds to the purchaser of bonds. |
| 414 | (vv) Transact the business of the authority and exercise |
| 415 | all powers necessarily incidental to the exercise of the general |
| 416 | and special powers granted in this act and under any other law. |
| 417 | (ww) Do all acts and things necessary or convenient for |
| 418 | the promotion of its business and the general welfare of the |
| 419 | authority. |
| 420 | Section 8. Budget.--The fiscal year for the authority |
| 421 | shall be October 1 through September 30 of each year. For each |
| 422 | fiscal year after the effective date of this act: |
| 423 | (1) Prior to preparation of the annual budget as provided |
| 424 | in subsection (2), the authority shall develop an annual |
| 425 | proposed budget consisting of the elements described in |
| 426 | subsection (2), which shall be presented for a public hearing |
| 427 | before the citizens of Alachua County. This public hearing shall |
| 428 | be noticed as a budget hearing. |
| 429 | (2) Following the public hearing conducted pursuant to |
| 430 | subsection (1), the authority shall prepare an annual budget, |
| 431 | consisting of an operating revenue/operating expense account, |
| 432 | capital outlay account, and capital project account for its |
| 433 | operations in the ensuing fiscal year. At the time the authority |
| 434 | prepares its annual budget, it shall adopt a resolution |
| 435 | determining and finding the estimated amounts to be expended by |
| 436 | the authority in the ensuing year in each account, exclusive of |
| 437 | any bonds or other indebtedness of the authority, used to |
| 438 | acquire, establish, construct, enlarge, operate, and maintain |
| 439 | the airport and airport facilities and other facilities related |
| 440 | thereto, or for any other corporate purpose of the authority. |
| 441 | (3) The authority may, at any time within a fiscal year, |
| 442 | adopt budget amendments. |
| 443 | (4) All anticipated revenues to be derived from the |
| 444 | operation of the airport and airport facilities shall be |
| 445 | included in the budget, provided that any amounts of money, |
| 446 | anticipated or actual, including funds in the authority's budget |
| 447 | for the preceding fiscal year which remain unencumbered and |
| 448 | unexpended from the revenue derived under the budget for the |
| 449 | preceding fiscal year, may, by resolution of the authority, be |
| 450 | set aside in a separate fund, to be known and described as a |
| 451 | Renewal and Replacement Fund and accumulated in said fund from |
| 452 | year to year for the purpose purchasing real and tangible |
| 453 | personal property, and building and constructing permanent |
| 454 | improvements, replacements, alterations, buildings, and other |
| 455 | structures, including, but not limited to, runways, taxi strips, |
| 456 | and aprons. Such funds may be disbursed from time to time out of |
| 457 | the Renewal and Replacement Fund, upon proper resolution of the |
| 458 | authority, solely for the payment of the cost of purchasing real |
| 459 | and tangible personal property, and building and constructing |
| 460 | permanent improvements, replacements, alterations, buildings, |
| 461 | and other structures, including, but not limited to, runways, |
| 462 | taxi strips, and aprons. |
| 463 | (5) The authority shall adopt budget procedures to |
| 464 | establish the direct and indirect costs of operating and |
| 465 | maintaining the airport and airport facilities, as well as the |
| 466 | direct income derived therefrom. However, the budget of the |
| 467 | authority shall not include the maintenance and upkeep of |
| 468 | navigational aids as performed and funded directly by the |
| 469 | Federal Aviation Administration. |
| 470 | (6) The city, the county, and the county's other political |
| 471 | subdivisions may, by loan or grant, fund budget deficits of the |
| 472 | authority, and all may guarantee bonds issued by the authority. |
| 473 | Section 9. Relationship between the authority and the city |
| 474 | and county.--The authority shall have the power and |
| 475 | responsibility to operate the airport and airport facilities in |
| 476 | a manner consistent with applicable federal, state, county, and |
| 477 | city law. The city has no power to operate or maintain the |
| 478 | airport and airport facilities. Applicable codes of the city |
| 479 | shall apply to the airport except to the extent that different |
| 480 | state or federal requirements are expressly applicable, and |
| 481 | except to the extent that the authority or the airport has been |
| 482 | made exempt from any requirement of the city by state or federal |
| 483 | law. All construction upon the airport shall be subject to |
| 484 | inspection by the city on behalf of the state and the city |
| 485 | inspectors may ensure compliance with applicable state |
| 486 | regulation for such construction in addition to applicable city |
| 487 | regulations. |
| 488 | Section 10. Title to airport land.--The city may convey |
| 489 | title to the land comprising the airport to the authority for no |
| 490 | monetary consideration. Nothing in this act shall be construed |
| 491 | to impair the obligations of any original agreements with the |
| 492 | Federal Government. |
| 493 | Section 11. Bonds.-- |
| 494 | (1) The authority is empowered and authorized to issue |
| 495 | revenue or refund bonds. The purpose of the bonds shall be to |
| 496 | pay all or any part of the cost for acquisition and development |
| 497 | of property by the authority for the design and construction or |
| 498 | reconstruction of any authorized project, for equipment, or for |
| 499 | refunding of bonds for the same purpose. |
| 500 | (2) Bonds issued under this section shall be authorized by |
| 501 | resolution of the authority. Such bonds may be issued in one or |
| 502 | more series and shall bear such date or dates, be payable upon |
| 503 | demand or mature at such time or times, be in such denomination |
| 504 | or denominations, be in such form, registered or not, with or |
| 505 | without coupon, carry such conversion or registration |
| 506 | privileges, have such rank or priority, be executed in such |
| 507 | manner, be payable in such medium of payment at such place or |
| 508 | places, and be subject to such terms of redemption, with or |
| 509 | without premium, be secured in such manner, and have such other |
| 510 | characteristics as may be provided by such resolution or |
| 511 | ordinance or trust indenture or mortgage issued pursuant |
| 512 | thereto. Such bonds shall bear interest at such rate or rates |
| 513 | allowed by section 215.84, Florida Statutes. |
| 514 | (3) The authority shall determine the terms and manner of |
| 515 | sale and distribution or other disposition of any and all bonds |
| 516 | it may issue and shall have any and all powers necessary or |
| 517 | convenient to such disposition. |
| 518 | (4) The authority may establish and administer such |
| 519 | sinking funds as it deems necessary or convenient for the |
| 520 | payment, purchase, or redemption of any outstanding bonded |
| 521 | indebtedness of the authority. |
| 522 | Section 12. Covenant of the state.--The state does pledge |
| 523 | to, and agree with, the Federal Government and any person, firm, |
| 524 | or corporation subscribing to or acquiring the bonds to be |
| 525 | issued by the authority for the construction, acquisition, |
| 526 | extension, improvement, or enlargement of projects, or any part |
| 527 | thereof, that the state will not limit or alter the rights |
| 528 | hereby vested in the authority until all bonds at any time |
| 529 | issued, together with the interest thereon, are fully paid and |
| 530 | discharged or until provision is made therefor. The state does |
| 531 | further pledge to, and agree with, the Federal Government that |
| 532 | in the event that the Federal Government shall construct or |
| 533 | contribute any funds for the construction, acquisition, |
| 534 | extension, improvement, or enlargement of said projects, or any |
| 535 | part thereof, the state will not alter or limit the rights and |
| 536 | powers of the authority in any manner which would be |
| 537 | inconsistent with the continued maintenance and operation of the |
| 538 | projects, or any part thereof, or the improvement thereof, or |
| 539 | which would be inconsistent with the due performance of any |
| 540 | agreements between the authority and the Federal Government, and |
| 541 | the authority shall continue to have and may exercise all powers |
| 542 | herein granted, so long as the same may be necessary or |
| 543 | desirable for the carrying out of the purposes of this act and |
| 544 | the purposes of the Federal Government in the construction or |
| 545 | acquisition or improvement or enlargement of said projects or |
| 546 | any part thereof. |
| 547 | Section 13. Alcoholic beverage license.-- |
| 548 | (1) Notwithstanding any other provision of law, upon |
| 549 | application to the Division of Alcoholic Beverages and Tobacco |
| 550 | of the Department of Business and Professional Regulation, the |
| 551 | division shall issue a beverage license as provided under |
| 552 | section 561.17, Florida Statutes, to the authority or other |
| 553 | governmental agency operating the Gainesville Regional Airport. |
| 554 | (a) Application shall be made with the division in the |
| 555 | name of the authority or other governmental agency operating |
| 556 | Gainesville Regional Airport and the license shall be issued in |
| 557 | the name of the applicant. |
| 558 | (b) The beverage license shall authorize the consumption |
| 559 | of alcoholic beverages only on a licensed premises located |
| 560 | within the Gainesville Regional Airport. |
| 561 | (c) The applicant shall pay to the division the applicable |
| 562 | license fee provided in section 565.02, Florida Statutes. |
| 563 | (2) Any alcoholic beverage license issued in accordance |
| 564 | with this section is the property of the authority or the |
| 565 | governmental agency operating Gainesville Regional Airport, |
| 566 | subject to transfer as provided by this section. Such license |
| 567 | may be transferred from time to time to a lessee operating |
| 568 | within the Gainesville Regional Airport that meets all |
| 569 | applicable qualifications for licensure under the Beverage Law. |
| 570 | (a) The authority or governmental agency operating the |
| 571 | Gainesville Regional Airport and an authorized lessee shall make |
| 572 | application to the division for the transfer of the license to a |
| 573 | lessee, and the application shall be approved by the division if |
| 574 | the lessee meets the applicable licensing requirements of the |
| 575 | Beverage Law. |
| 576 | (b) Upon termination of a lease, the lessee shall |
| 577 | immediately notify the division to transfer the license back to |
| 578 | the authority or the governmental agency operating the |
| 579 | Gainesville Regional Airport. Upon failure of a lessee to notify |
| 580 | the division, the authority or the governmental agency operating |
| 581 | Gainesville Regional Airport shall immediately request the |
| 582 | division in writing to transfer the license back to the |
| 583 | authority or other governmental agency operating the Gainesville |
| 584 | Regional Airport. Thereafter, the beverage license may be |
| 585 | transferred to any lessee meeting qualification standards for |
| 586 | licensure under the Beverage Law. |
| 587 | (c) Upon termination of a lease for any reason or other |
| 588 | disqualification, the license shall automatically revert by |
| 589 | operation of law to the authority or governmental agency |
| 590 | operating the Gainesville Regional Airport. |
| 591 | (3) Each beverage license shall be for the term and |
| 592 | subject to the same privileges or renewal as provided in |
| 593 | sections 561.26 and 561.27, Florida Statutes. All provisions of |
| 594 | the Beverage Law not inconsistent with this act shall apply to |
| 595 | the license. |
| 596 | (4) This section does not preclude other persons operating |
| 597 | on property of the authority from acquiring an alcoholic |
| 598 | beverage license for use on its premises pursuant to general |
| 599 | law. |
| 600 | Section 14. Purchasing and award of contracts.--Purchasing |
| 601 | and award of contracts shall be consistent with the authority's |
| 602 | purchasing policy and general law. |
| 603 | Section 15. Discrimination prohibited.-- |
| 604 | (1) The authority and its lessees, including successors in |
| 605 | interest, shall not because of race, color, sex, religion, |
| 606 | national origin, age, or disability of any individual refuse to |
| 607 | hire, employ, bar, or discharge from employment such individual |
| 608 | or to otherwise discriminate against such individual with |
| 609 | respect to compensation, hire, tenure, terms, conditions, or |
| 610 | privileges of employment. |
| 611 | (2) No person on the grounds of race, color, sex, |
| 612 | religion, national origin, age, or disability shall be excluded |
| 613 | from the participation in, denied the benefits of, or otherwise |
| 614 | subjected to discrimination in the use of leased premises of the |
| 615 | authority. |
| 616 | (3) In furnishing services or materials, or in the |
| 617 | construction of any improvements, no person shall be excluded |
| 618 | from participation in, denied the benefits of, or otherwise |
| 619 | subjected to discrimination with respect thereto. |
| 620 | (4) This section does not supersede or preempt any state |
| 621 | or local laws prohibiting discrimination. The authority and its |
| 622 | officers, employees, and agents shall be subject to federal, |
| 623 | state, and local laws prohibiting discrimination to the extent |
| 624 | provided by such laws. |
| 625 | Section 16. Litigation.--Nothing herein shall interfere |
| 626 | with any legal action filed by or against the city or |
| 627 | predecessor or predecessors of the authority. The authority may |
| 628 | become a party in any such action as provided by law. Nothing |
| 629 | herein shall impair the right of the city or the authority to |
| 630 | initiate, pursue, or defend litigation. |
| 631 | Section 17. Severability.--If any provision of this act or |
| 632 | the application thereof to any person or circumstance is held |
| 633 | invalid, the invalidity shall not affect other provisions or |
| 634 | applications of the act which can be given effect without the |
| 635 | invalid provisions or applications, and to this end the |
| 636 | provisions of this act are declared severable. |
| 637 | Section 4. Chapters 86-469, 89-433, and 95-457, Laws of |
| 638 | Florida, are repealed. |
| 639 | Section 5. This act does not supersede any state or |
| 640 | federal laws or any state or federal grant assurances. |
| 641 | Section 6. This act shall take effect upon becoming a law. |
| 642 |
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| 643 |
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| 644 | =========== T I T L E A M E N D M E N T ======== |
| 645 | Remove line(s) the entire title and insert: |
| 646 | A bill to be entitled |
| 647 | An act relating to the Gainesville-Alachua County Regional |
| 648 | Airport Authority; codifying, reenacting, amending, and |
| 649 | repealing chapters 86-469, 89-433, and 95-457, Laws of |
| 650 | Florida, relating to the authority; providing a short |
| 651 | title; providing definitions; providing purpose of the |
| 652 | authority; providing for membership, organization, |
| 653 | restrictions, and powers and duties of the authority; |
| 654 | requiring a budget; specifying relationship between the |
| 655 | authority and local governments; providing for conveyance |
| 656 | of land to the authority; authorizing issuance of bonds; |
| 657 | specifying covenant of the state; authorizing an alcoholic |
| 658 | beverage license; providing for purchasing and award of |
| 659 | contracts; prohibiting discrimination; authorizing the |
| 660 | right to sue and be sued; providing for severability; |
| 661 | prohibiting supersession of certain laws and grant |
| 662 | assurances; providing an effective date. |