1 | A bill to be entitled |
2 | An act relating to the Gainesville-Alachua County Regional |
3 | Airport Authority; codifying, reenacting, amending, and |
4 | repealing chapters 86-469, 89-433, and 95-457, Laws of |
5 | Florida, relating to the authority; providing a short |
6 | title; providing legislative findings and intent; |
7 | providing definitions; providing purpose of the authority; |
8 | providing for membership, organization, restrictions, and |
9 | powers and duties of the authority; requiring a budget; |
10 | specifying relationship between the authority and local |
11 | government; providing for conveyance of land to the |
12 | authority; authorizing issuance of bonds; providing |
13 | bondholder rights and remedies; specifying covenant of the |
14 | state; authorizing an alcoholic beverage license; |
15 | providing for purchasing and award of contracts; exempting |
16 | property from taxation; prohibiting discrimination; |
17 | providing that the authority may sue and be sued; |
18 | providing for severability; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. (1) The reenactment of existing law in this |
23 | act shall not be construed as a grant of additional authority to |
24 | or to supersede the authority of any entity pursuant to law. |
25 | Exceptions to law contained in any special act that are |
26 | reenacted pursuant to this act shall continue to apply. |
27 | (2) The reenactment of existing law in this act shall not |
28 | be construed to modify, amend, or alter any covenants, |
29 | contracts, or other obligations of any district with respect to |
30 | bonded indebtedness. Nothing pertaining to the reenactment of |
31 | existing law in this act shall be construed to affect the |
32 | ability of any district to levy and collect taxes, assessments, |
33 | fees, or charges for the purpose of redeeming or servicing |
34 | bonded indebtedness of the district. |
35 | Section 2. Chapters 86-469, 89-433, and 95-457, Laws of |
36 | Florida, are amended, codified, reenacted, and repealed as |
37 | provided in this act. |
38 | Section 3. The charter for the Gainesville-Alachua County |
39 | Regional Airport Authority is re-created and reenacted to read: |
40 | Section 1. Short title.--This act may be cited as the |
41 | "Gainesville-Alachua County Regional Airport Authority Act." |
42 | Section 2. Legislative findings and intent.-- |
43 | (1) The Legislature finds that: |
44 | (a) The proper operation of a publicly owned or operated |
45 | airport in the county is essential to the welfare of the people |
46 | of the Gainesville-Alachua County area, the state, and the |
47 | people of the state. |
48 | (b) A publicly owned or operated airport in the county |
49 | establishes a vital transportation link between the state and |
50 | the economic systems of the nation and the world and enables the |
51 | state to enjoy and provide the benefits of an international |
52 | tourist and commercial center. |
53 | (c) The economic validity and stability of a publicly |
54 | owned or operated airport in the county is a matter of statewide |
55 | importance. |
56 | (d) The policy of this state is to promote the development |
57 | of commerce and tourism and to secure for the state's residents |
58 | the benefits of those activities conducted in the state. |
59 | (e) The proper operation of a publicly owned or operated |
60 | airport in the county is essential to the welfare of the state |
61 | and its people, and the Legislature recognizes and affirms such |
62 | operation as a governmental function to be discharged in |
63 | furtherance of the policy of securing the benefits of commerce |
64 | and tourism for the state and its people. |
65 | (2) It is the intent of the Legislature that: |
66 | (a) The authority comply with federal law regarding |
67 | expenditure of federal moneys. |
68 | (b) This act not be construed as impairing or infringing |
69 | upon any rights, privileges, or benefits enjoyed by any employee |
70 | of the authority who is so employed on the effective date of |
71 | this act. |
72 | (c) The members and employees of the authority comply with |
73 | the code of ethics provisions under part III of chapter 112, |
74 | Florida Statutes. |
75 | (d) This act provide an additional, alternative, and |
76 | complete method for the exercise of the powers granted and |
77 | authorized by this act and be regarded as supplemental to powers |
78 | conferred by other laws and not as a derogation of any powers |
79 | now existing. |
80 | (e) The authority manage airport facilities and grant |
81 | airport concessions to further the development of commerce and |
82 | tourism in or affecting the Gainesville-Alachua County area and |
83 | the state. In managing its facilities and granting concessions |
84 | for services to the public, the authority shall promote the |
85 | development of commerce and tourism by: |
86 | 1. Securing a diversity of airport services. |
87 | 2. Avoiding wasteful duplication of such services. |
88 | 3. Securing for the users of the airport safe, courteous, |
89 | and quality service. |
90 | 4. Limiting or prohibiting business competition that is |
91 | destructive to the promotion of commerce and tourism in the |
92 | state. |
93 | 5. Allocating limited airport resources to promote such |
94 | ends. |
95 | 6. Fostering Florida's image as a commercial and tourism |
96 | center. |
97 | Section 3. Definitions.--As used in this act, unless the |
98 | context otherwise requires, the term: |
99 | (1) "Airport" means any area of land or water designed for |
100 | landing and takeoff of aircraft, whether or not facilities are |
101 | provided for the shelter, servicing, or repair of aircraft or |
102 | for receiving and discharging passengers or cargo, including all |
103 | appurtenant areas used or suitable for use for airport buildings |
104 | or other airport facilities and all appurtenant rights-of-way at |
105 | the area now known, and which may hereafter be known, as the |
106 | Gainesville Regional Airport. |
107 | (2) "Airport facilities" means airport facilities at the |
108 | Gainesville Regional Airport and used for the transportation of |
109 | people and cargo, including, but not limited to, runways, |
110 | taxiways, taxi lanes, aprons, hangars, shops, terminals, |
111 | buildings, parking lots, roadways, and all other facilities |
112 | necessary or desirable for landing, takeoff, operating, |
113 | servicing, repairing, and parking of aircraft, and the unloading |
114 | and handling of passengers, mail, and express and freight cargo, |
115 | together with all necessary appurtenances and equipment and all |
116 | properties, rights, easements, and franchises relating thereto |
117 | and deemed necessary or convenient by the authority in |
118 | connection therewith. This shall also include the area known on |
119 | the effective date of this act as the "Airport Industrial Park" |
120 | and all appurtenant facilities related thereto. |
121 | (3) "Airport lands" means any area of land or water |
122 | described on the Gainesville Regional Airport Property Map as |
123 | presented to the Federal Aviation Administration, which may be |
124 | amended from time to time, and used for operation of the |
125 | airport, for protection of the airport, or for aeronautical or |
126 | nonaeronautical revenue generated for the benefit of the |
127 | airport. |
128 | (4) "Airport facility district" means the district |
129 | described in the City of Gainesville land use regulations that |
130 | recognizes the unique conditions pertaining to Gainesville |
131 | Regional Airport and provides a means of balancing conformance |
132 | to applicable state and federal regulations with local concerns |
133 | and specific needs of the airport. |
134 | (5) "Authority" means the Gainesville-Alachua County |
135 | Regional Airport Authority created herein. |
136 | (6) "Authorized project" means an undertaking, including a |
137 | capital project, approved by the authority and includes all |
138 | property rights, easements, and franchises related thereto and |
139 | deemed necessary or convenient for the construction, |
140 | acquisition, or operation thereof and embraces any capital |
141 | expenditure that is made for a public purpose, including the |
142 | refunding of any bonded indebtedness that may be outstanding on |
143 | any existing project that is to be improved by a new project. |
144 | (7) "Board of county commissioners" means the Board of |
145 | County Commissioners of the County of Alachua. |
146 | (8) "Bond" includes bonds, debentures, notes, certificates |
147 | of indebtedness, mortgage certificates, or other obligations or |
148 | evidences of indebtedness of any type or character. |
149 | (9) "City" means the City of Gainesville. |
150 | (10) "City commission" means the City Commission of the |
151 | City of Gainesville. |
152 | (11) "County" means the County of Alachua. |
153 | (12) "Person" means any individual, firm, partnership, |
154 | corporation, company, association, joint stock association, or |
155 | body politic and includes any trustee, receiver, assignee, or |
156 | other similar representative thereof. |
157 | (13) "Revenue bonds" means obligations of the authority |
158 | that are payable from revenues derived from sources other than |
159 | ad valorem taxes on real or tangible personal property and that |
160 | do not pledge the property, credit, or general tax revenue of |
161 | the authority or the city. |
162 | (14) "Refunding bonds" means bonds issued to refinance |
163 | outstanding bonds of any type and the interest and redemption |
164 | premium thereon. Refunding bonds shall be issuable and payable |
165 | in the same manner as the refinanced bonds, except that no |
166 | approval by the electorate is required unless required by the |
167 | State Constitution. |
168 | Section 4. Creation; purpose.-- |
169 | (1) The Gainesville-Alachua County Regional Airport is |
170 | created, and the powers granted by this act are declared to be |
171 | public and governmental functions exercised for public purposes |
172 | and are matters of public necessity. Lands and other real and |
173 | personal property, easements, and privileges acquired and used |
174 | by the authority are declared to have been acquired for and used |
175 | for public and governmental purposes and as a matter of public |
176 | necessity. The authority is a public body corporate and is an |
177 | independent special district. |
178 | (2) The authority has exclusive jurisdiction, control, |
179 | supervision, and management over all airports in Alachua County |
180 | except any airport owned, controlled, and operated by a private |
181 | person. Said jurisdiction, control, supervision, and management |
182 | are in the best interest of the county and each municipality. |
183 | Section 5. Membership of the authority.-- |
184 | (1) The powers of the authority are vested in its members. |
185 | There shall be nine members. No member shall receive any |
186 | compensation for services as a member. As a condition of |
187 | eligibility for appointment and to hold office, each member |
188 | shall reside within the city, the county, or a county contiguous |
189 | to Alachua County. No person shall serve as a member of the |
190 | authority and at the same time hold any publicly elected office |
191 | in the state. |
192 | (2) Upon expiration of the terms of office of those |
193 | members of the authority upon the effective date of this act, |
194 | subsequent appointments shall be made as follows: |
195 | (a) On or before the date a respective member's term is to |
196 | expire, the Governor shall replace by appointment any of the |
197 | three members appointed by the Governor. |
198 | (b) On or before the date the member's term is to expire, |
199 | the board of county commissioners shall replace by appointment |
200 | the member appointed by the board. |
201 | (c) On or before the date a respective member's term is to |
202 | expire, the city commission shall replace by appointment any of |
203 | the remaining five members appointed by the commission. |
204 | (3) If, upon expiration of a member's term of office, an |
205 | appointing entity fails to replace that member and the member is |
206 | willing to continue to serve, the member with the expired term |
207 | shall continue to serve until a replacement is appointed. |
208 | (4) The term of any member appointed before the effective |
209 | date of this act shall expire on July 31 of the year such |
210 | member's term was scheduled to expire. No member shall serve |
211 | more than two successive terms. |
212 | (5) All members appointed after the effective date of this |
213 | act shall serve 4-year terms of office, beginning on August 1 |
214 | and expiring on July 31 of the appropriate years. |
215 | (6) Except as otherwise provided herein, vacancies in |
216 | office shall be filled for the remainder of the term by the |
217 | appropriate appointing entity in the same manner as set forth in |
218 | subsection (2). Except as provided in subsection (3), a vacant |
219 | position shall remain vacant until a successor has been |
220 | appointed by the appropriate entity. |
221 | (7) A member may be removed by his or her appointing |
222 | entity upon grounds constituting misfeasance, neglect of duty, |
223 | incompetence, or permanent inability to perform official duties. |
224 | Conviction of a felony shall automatically remove a member. The |
225 | unexcused absence from three consecutive regular meetings of the |
226 | authority shall be deemed neglect of duty, without limiting the |
227 | meaning of the term "neglect of duty." |
228 | Section 6. Organization; meetings; notice; quorum.--A |
229 | chair, vice chair, and secretary-treasurer shall be chosen by |
230 | and from the authority membership. The chair, vice chair, and |
231 | secretary-treasurer shall each serve a term of office of 1 year, |
232 | and no member may hold the same office for more than 2 |
233 | consecutive terms. |
234 | (1) The authority shall meet at the call of the chair, at |
235 | the request of three or more of its members, and at such other |
236 | times as may be prescribed by rule of the authority. |
237 | (2) The authority shall give notice of all meetings at |
238 | least 48 hours prior thereto, which notice shall be published in |
239 | a newspaper in general circulation in Alachua County, and shall |
240 | include agenda items whenever such items involve leasing of any |
241 | airport property. Emergency meetings shall be called only when |
242 | there is an immediate danger to the public health, safety, or |
243 | welfare, and do not require traditional public notice. |
244 | (3) The presence of five members is required to constitute |
245 | a quorum, and the affirmative vote of a majority of the members |
246 | present and eligible to vote, but no fewer than four of the |
247 | members present and eligible to vote, is required for any action |
248 | or recommendation by the authority. |
249 | Section 7. Restrictions.-- |
250 | (1) No person who has transacted business with the |
251 | authority shall be eligible for appointment to the authority |
252 | until 3 years after the last transaction. No person who has |
253 | served on the authority shall be eligible to transact business |
254 | with the authority or be employed directly or indirectly by an |
255 | entity transacting business with the authority until 3 years |
256 | after the date of termination of membership. "Transactions" |
257 | include all business dealings, representation of business |
258 | entities, and submission of proposals for doing business with |
259 | the authority either for oneself or as an employee of, agent |
260 | for, or consultant to any other person or legal entity. However, |
261 | nothing in this paragraph shall be construed as prohibiting an |
262 | appointed member from purchasing supplies or services from any |
263 | fixed-base operator or tenant at the airport or Airport |
264 | Industrial Park or for renting individual aircraft hangars or |
265 | tie-downs offered to the general public and owned by the |
266 | authority. |
267 | (2) No member, officer, agent, or employee of the |
268 | authority, either for himself or herself or as agent for anyone |
269 | else, or as a stockholder or owner in any other legal entity, |
270 | shall participate in or benefit directly or indirectly from any |
271 | sale, purchase, lease, franchise, contract, or other transaction |
272 | entered into by the authority or the city. The provisions of |
273 | this subsection shall be cumulative to any general laws of the |
274 | state that may from time to time be applicable to members, |
275 | officers, agents, or employees of the authority and that require |
276 | the disclosure of, or prohibit, conflicts of interest. |
277 | (3) No member, as an individual, may represent the |
278 | authority, speak for the authority, or speak on behalf of the |
279 | authority without being directed through a formal action of the |
280 | governing board to do so. |
281 | Section 8. Powers and duties.-- |
282 | (1) The authority shall have exclusive jurisdiction over |
283 | the operation and maintenance of and improvements to airport |
284 | lands. Further, the authority shall oversee the Airport Facility |
285 | District, consisting of airport lands for purposes of City of |
286 | Gainesville land use regulations, which shall govern items |
287 | including, but not limited to, height, landscaping, sidewalks, |
288 | and lighting, and shall: |
289 | (a) Approve, file with the clerk, and pay any surety bond |
290 | required of any member or of any employee of the authority. |
291 | (b) Exclusively control, supervise, and manage all |
292 | airports in the county and each municipality, except any airport |
293 | owned, controlled, or operated by a private person. |
294 | (c) Advertise for sealed bids when required by law; |
295 | however, the authority may reject all bids and readvertise or |
296 | select a single item from any bid as further provided in this |
297 | act. |
298 | (d) Adopt before October 1 of each year an annual budget |
299 | prepared by the chief executive officer, which must include an |
300 | estimate of all revenues and anticipated expenditures for the |
301 | ensuing fiscal year. |
302 | (e) Require in all bond documents that moneys derived from |
303 | such bonds be paid to or upon order of the authority. |
304 | (f) Have the authority's finances audited in the same |
305 | manner as other independent special districts are audited. |
306 | (2) The authority is authorized to: |
307 | (a) Rely on the provisions of this act, without reference |
308 | to other laws, in exercising its powers. |
309 | (b) Appoint or employ and constitute its own airport |
310 | guards or police officers or contract with the city, county, or |
311 | any agency of the state to provide 1aw enforcement services and |
312 | protection through its duly sworn officers, and all such |
313 | officers shall have full power of arrest to prevent or abate the |
314 | commission of an offense against the ordinances of the city or |
315 | county, the laws of this state, or the laws of the United States |
316 | when any such offense or threatened offense occurs upon any |
317 | airport lands. |
318 | (c) Construct and maintain terminal buildings, causeways, |
319 | roadways, and bridges for approach to or connecting with the |
320 | airport. |
321 | (d) Require the secretary-treasurer and other officers or |
322 | employees of the authority to execute an adequate surety bond in |
323 | a penal sum fixed by the authority conditioned upon the faithful |
324 | performance of the duties of the office or employment. |
325 | (e) Establish positions, duties, and a pay plan and |
326 | employ, pay, provide benefits for, promote, discipline, and |
327 | terminate personnel, including a chief executive officer who |
328 | shall be responsible for the day-to-day administration, |
329 | management, and operation of the authority in accordance with |
330 | policy established by the members of the authority and perform |
331 | other duties as may be authorized by the members. |
332 | (f) By policy or resolution, authorize the chief executive |
333 | officer to perform any of the powers of the authority in whole |
334 | or in part and with whatever other limitations the authority may |
335 | impose, provided that said authorization does not result in an |
336 | invalid exercise of delegated legislative authority as defined |
337 | in general law. |
338 | (g) Employ or contract with technical and professional |
339 | experts necessary to assist the authority in carrying out or |
340 | exercising any powers granted by this act. |
341 | (h) Reimburse for all travel expenses incurred while on |
342 | business for the authority, upon requisition, any member, the |
343 | authority's attorneys, the chief executive officer, and any |
344 | employee of the authority traveling under the direction of the |
345 | chief executive officer or the chief executive officer's |
346 | designee in accordance with authority policies. |
347 | (i) Create, appoint, and prescribe the duties of any |
348 | committee. |
349 | (j) Sue and be sued. |
350 | (k) Adopt, use, and alter a corporate seal. |
351 | (l) Publish advertisements. |
352 | (m) Waive advertisement when the authority determines an |
353 | emergency exists and supplies and materials must be immediately |
354 | acquired by the authority. |
355 | (n) Negotiate and enter into contracts, agreements, |
356 | exclusive or limited agreements, and cooperation agreements of |
357 | any kind necessary for the authority to fulfill the purposes of |
358 | this act. |
359 | (o) Include contract specifications maximizing the |
360 | employment of persons whose protected group has been |
361 | underutilized in the past. |
362 | (p) Enter into exclusive or limited agreements with a |
363 | single operator or a limited number of operators. The authority |
364 | shall grant exclusive or limited agreements to eliminate |
365 | business competition by rule or policy whenever the authority |
366 | determines, in consideration of the factors set forth in this |
367 | paragraph that any such agreement is necessary to further the |
368 | purposes of this act. Before entering into any exclusive or |
369 | limited agreement, the authority shall, under authority |
370 | expressly delegated by the state, determine the necessity for |
371 | such an exclusive or limited agreement to further the policies |
372 | and objectives stated in this act, which include public safety, |
373 | public convenience, quality of service, the need to conserve |
374 | airport space, the need to avoid duplication of services, the |
375 | impact on the environment or facilities of the airport as an |
376 | essential commercial and tourism service center, and the need to |
377 | avoid destructive competition that may impair the quality of |
378 | airport services to the public, lead to uncertainty, disruption, |
379 | or instability in rendering such services, or detract from the |
380 | Gainesville-Alachua County area and the state's attractiveness |
381 | as a center of tourism and commerce. In making its |
382 | determination, the authority shall take evidence or make |
383 | findings of fact and establish such policies it deems necessary. |
384 | Nothing in this paragraph shall excuse the authority from |
385 | complying with applicable state or local requirements for |
386 | competitive bidding or public hearings that may be required |
387 | before awarding or entering into any contract or other |
388 | agreement. |
389 | (q) Provide for the manual execution of any instrument on |
390 | behalf of the authority by the signature of the chair or vice |
391 | chair and attested to by the secretary or the assistant |
392 | secretary or, if delegated by the members to do so, the chief |
393 | executive officer or any other authority personnel to whom |
394 | authority has been delegated, or by signer's facsimile signature |
395 | in accordance with the Uniform Facsimile Signature of Public |
396 | Officials Act. |
397 | (r) Purchase and sell equipment, supplies, and services |
398 | required for authority purposes. |
399 | (s) Sell, lease, transfer, dispose of, or grant a lesser |
400 | interest in any authority properties. |
401 | (t) Dispose of tangible personal property in accordance |
402 | with chapter 274, Florida Statutes. |
403 | (u) Grant concessions. |
404 | (v) Advertise, promote, and encourage the use and |
405 | expansion of facilities under the authority's jurisdiction. |
406 | (w) Enact airport zoning regulations in accordance with |
407 | chapter 333, Florida Statutes, to ensure the safe operation of |
408 | airports under the authority's jurisdiction; however, any such |
409 | airport zoning regulations may not affect the zoning use |
410 | regulations imposed by the county or any municipality. |
411 | (x) Acquire, own, construct, install, maintain, and |
412 | operate authority facilities and real property by purchase, |
413 | gift, devise, lease, or any other means, including eminent |
414 | domain in accordance with chapters 73 and 74, Florida Statutes. |
415 | For the purposes of making surveys and examinations incidental |
416 | to any condemnation proceedings, the authority may lawfully |
417 | enter upon any land, doing no unnecessary damage. The authority |
418 | may take possession of property to be acquired by condemnation |
419 | at any time after filing a petition describing the property in |
420 | condemnation proceedings as provided in general law. The |
421 | authority is not precluded from abandoning the condemnation of |
422 | any such property in any case where possession has not been |
423 | taken. |
424 | (y) Reimburse the owner of any structure for which the |
425 | authority may require removal, relocation, or reconstruction |
426 | located in, on, under, or across any private property, public |
427 | street, highway, or other public or private places for the |
428 | estimated or actual expense of the removal, relocation, or |
429 | reconstruction. |
430 | (z) Supplement and coordinate in design and operation air |
431 | navigation facilities with those established and operated by the |
432 | federal and state governments. |
433 | (aa) Request the county or any municipality to convey to |
434 | the authority the fee simple title to any county-owned or |
435 | municipality-owned airport or other property needed for airport |
436 | purposes. |
437 | (bb) Upon determining that any airport or part of any |
438 | airport under the authority's jurisdiction but owned by a |
439 | county, municipality, or other governmental agency is no longer |
440 | required for authority purposes, relinquish jurisdiction, |
441 | control, supervision, and management over that airport property |
442 | or that part of any airport property. However, the consent and |
443 | approval of any revenue bondholders must first be obtained and |
444 | necessary authorizations or approvals received from federal |
445 | agencies regulating airports. |
446 | (cc) Expend revenues for the cost of investigating, |
447 | surveying, planning, acquiring, establishing, constructing, |
448 | enlarging, improving, equipping, and erecting authority |
449 | facilities by appropriation of revenues or wholly or partly from |
450 | the proceeds of bonds of the authority. The term "cost" includes |
451 | awards in condemnation proceedings, rentals when an acquisition |
452 | is by lease, and amounts paid to utility companies for |
453 | relocation of their wires, poles, and other facilities. |
454 | (dd) Incur expenses as provided in the authority's annual |
455 | budget and any amended budget. |
456 | (ee) Assess against and collect from the owner or operator |
457 | of each airplane using any authority facility a landing fee or |
458 | service charge sufficient to cover the cost of the service |
459 | provided, which cost may include the liquidation of bonds or |
460 | other indebtedness for construction and improvement. |
461 | (ff) Accept federal, state, and any other public or |
462 | private moneys, grants, contributions, or loans for the |
463 | acquisition, construction, enlargement, improvement, |
464 | maintenance, equipment, or operation of authority facilities, or |
465 | for any other lawful purpose. |
466 | (gg) Fix, alter, charge, establish, and collect rates, |
467 | fees, rentals, and other charges for the services of authority |
468 | facilities at reasonable and uniform rates. |
469 | (hh) Apply for, hold, and periodically transfer alcoholic |
470 | beverage licenses as provided by this act. |
471 | (ii) Adopt and amend rules, regulations, and policies |
472 | reasonably necessary for the implementation of this act. |
473 | (jj) By resolution, fix and enforce penalties for the |
474 | violation of this act or a rule, regulation, or policy adopted |
475 | in accordance with this act. |
476 | (kk) Amend the budget after its adoption. |
477 | (ll) Receive, deposit, secure, and pay out moneys as |
478 | provided by this act. |
479 | (mm) Designate a depository or depositories that is |
480 | qualified as a public depository under section 280.04, Florida |
481 | Statutes, and thereafter establish and open an account or |
482 | accounts into which revenues collected are deposited and from |
483 | which expenditures are made. |
484 | (nn) Establish and deposit into and expend moneys from a |
485 | surplus fund by using funds that may remain unexpended at the |
486 | end of the fiscal year and may be set aside in a separate fund |
487 | to be known as the Capital Improvement Fund and accumulated and |
488 | expended from year to year solely for the purpose of building |
489 | and constructing permanent improvements, replacements, |
490 | alterations, buildings, and other structures, including runways, |
491 | taxi strips, and aprons. |
492 | (oo) Except as otherwise provided in this act, by |
493 | resolution borrow money and issue bonds in the manner and within |
494 | the limitation prescribed by general law for the issuance and |
495 | authorization of bonds; however, any bonds issued by the |
496 | authority shall have a maturity date not exceeding 40 years from |
497 | the date of issuance, shall be self-liquidating or otherwise |
498 | payable from revenues of the authority, shall be payable |
499 | semiannually, and shall not be a lien against the general taxing |
500 | powers of the county or any municipality. |
501 | (pp) Enter into any deeds of trust, indentures, or other |
502 | agreements with any bank or trust company as security for |
503 | authority bonds, and assign and pledge any or all of the |
504 | authority's revenues. Such deeds of trust, indentures, or other |
505 | agreements may contain provisions customary in such instruments |
506 | or as authorized by the authority. |
507 | (qq) Secure the payment of bonds or any part thereof by |
508 | pledging all or any part of authority revenues and provide for |
509 | the security of the bonds and the rights and remedies of the |
510 | bondholders. |
511 | (rr) Pending the preparation of definitive bonds, issue |
512 | certificates or temporary bonds to the purchaser of bonds. |
513 | (ss) Transact the business of the authority and exercise |
514 | all powers necessarily incidental to the exercise of the general |
515 | and special powers granted in this act and under any other law. |
516 | (tt) Exercise all powers of a local agency granted |
517 | pursuant to part II of chapter 159, Florida Statutes, and to a |
518 | governmental unit granted pursuant to part VII of chapter 159, |
519 | Florida Statutes. |
520 | (uu) Do all acts and things necessary or convenient for |
521 | the promotion of authority business and the general welfare of |
522 | the authority. |
523 | Section 9. Budget.--The fiscal year for the authority |
524 | shall be October 1 through September 30. For each fiscal year |
525 | after the effective date of this act: |
526 | (1) Prior to preparation of the annual budget as provided |
527 | in subsection (2), the authority shall develop an annual |
528 | proposed budget consisting of the elements described in |
529 | subsection (2), which shall be presented for a public hearing. |
530 | The public hearing shall be noticed as a budget hearing. |
531 | (2) Following the public hearing conducted pursuant to |
532 | subsection (1), the authority shall prepare an annual budget |
533 | consisting of an operating revenue and operating expense |
534 | account, capital outlay account, and capital project account for |
535 | its operations in the ensuing fiscal year. At the time the |
536 | authority prepares its annual budget, it shall adopt a |
537 | resolution determining and finding the estimated amounts to be |
538 | expended by the authority in the ensuing year in each account, |
539 | exclusive of any bonds or other indebtedness of the authority, |
540 | used to acquire, establish, construct, enlarge, operate, and |
541 | maintain the airport and airport facilities and other facilities |
542 | related thereto or for any other corporate purpose of the |
543 | authority. |
544 | (3) The authority may, at any time within a fiscal year, |
545 | adopt budget amendments. |
546 | (4) All anticipated revenues to be derived from the |
547 | operation of the airport and airport facilities shall be |
548 | included in the budget, provided that any amounts of money, |
549 | anticipated or actual, including funds in the authority's budget |
550 | for the preceding fiscal year that remain unencumbered and |
551 | unexpended from the revenue derived under the budget for the |
552 | preceding fiscal year, may, by resolution of the authority, be |
553 | set aside in a separate fund to be entitled the "Renewal and |
554 | Replacement Fund" and accumulated in said fund from year to year |
555 | for the purpose of purchasing real and tangible personal |
556 | property and for building and constructing permanent |
557 | improvements, replacements, alterations, buildings, and other |
558 | structures, including, but not limited to, runways, taxi strips, |
559 | and aprons. Such funds may be disbursed from time to time out of |
560 | the Renewal and Replacement Fund upon proper resolution of the |
561 | authority solely for the payment of the costs of purchasing real |
562 | and tangible personal property and for building and constructing |
563 | permanent improvements, replacements, alterations, buildings, |
564 | and other structures, including, but not limited to, runways, |
565 | taxi strips, and aprons. |
566 | (5) The authority shall adopt budget procedures to |
567 | establish the direct and indirect costs of operating and |
568 | maintaining the airport and airport facilities, as well as the |
569 | direct income derived therefrom. However, the budget of the |
570 | authority shall not include the maintenance and upkeep of |
571 | navigational aids as performed and funded directly by the |
572 | Federal Aviation Administration. |
573 | (6) The city, the county and the county's other political |
574 | subdivisions may, by loan or grant, fund budget deficits of the |
575 | authority and all may guarantee bonds issued by the authority. |
576 | Section 10. Relationship between the authority and the |
577 | city and county.--The authority shall have the power and |
578 | responsibility to operate the airport and airport facilities in |
579 | a manner consistent with applicable federal, state, county, and |
580 | city law. The city has no power to operate or maintain the |
581 | airport and airport facilities, but applicable building codes of |
582 | the city shall apply to all construction upon the airport except |
583 | to the extent that different state or federal requirements are |
584 | expressly applicable and except to the extent that the authority |
585 | or the airport has been made exempt by state or federal law from |
586 | any requirement of the city. All construction upon the airport |
587 | shall be subject to inspection by the city on behalf of the |
588 | state, and the city inspectors may ensure compliance with |
589 | applicable state regulation of such construction in addition to |
590 | applicable city regulations. |
591 | Section 11. Title to airport land.--The city may convey |
592 | title to the land comprising the Gainesville Regional Airport to |
593 | the authority for no monetary consideration. Nothing in this act |
594 | shall be construed to impair the obligations of any original |
595 | agreements with the Federal Government or of any agreement |
596 | between the city or any of its agencies and fixed-base operators |
597 | of the airport entered into as of the effective date of this |
598 | act. |
599 | Section 12. Bonds.-- |
600 | (1) Bonds may be issued to finance one or more or a |
601 | combination of authority facilities. Subject to any prior rights |
602 | of bondholders, proceeds of such bonds may be pledged and used |
603 | to pay the costs of the acquisition, construction, or |
604 | improvement of one or more or a combination of authority |
605 | facilities or to refund bonds previously issued for such |
606 | purpose. Revenues of the authority, regardless of the airport |
607 | project or other source from which they are derived, may be |
608 | pledged to pay bonds issued to finance the cost of authority |
609 | facilities and to pay refunding bonds and ancillary costs |
610 | associated with such financings. |
611 | (2) Except as otherwise provided by this act, security, |
612 | payment provisions, contracts, terms, and other attributes of |
613 | bonds issued by the authority shall be specified by the |
614 | authority by initial or amendatory resolution, trust agreement, |
615 | or other bond documentation. |
616 | (3) The bonds shall be executed by manual or facsimile |
617 | signature by the officers the authority has designated, provided |
618 | that such bonds bear at least one signature that is manually |
619 | executed to the extent required by general law. Any coupons |
620 | attached to the bonds shall bear the facsimile signature or |
621 | signatures of the officer or officers designated by the |
622 | authority. If any member or officer whose manual or facsimile |
623 | signature appears on any bond or coupon ceases to be a member or |
624 | an officer before the delivery of the bonds, such signature |
625 | shall be valid and sufficient for all purposes as if that member |
626 | or officer had remained in office until delivery. The bonds |
627 | shall bear the seal of the authority affixed as provided by |
628 | resolution. |
629 | (4) Bonds may be sold either at public or private sale at |
630 | such price or prices determined by the authority. |
631 | (5) Any bonds issued under this act are negotiable |
632 | instruments and investment securities under chapter 678, Florida |
633 | Statutes. |
634 | (6) The pledge by the authority of its revenues to the |
635 | payment of its bonds by the terms of a resolution or through any |
636 | deed of trust, indenture, or other agreement creates a valid and |
637 | binding lien thereon and a prior perfected security interest |
638 | therein from the time the pledge is made. Any revenues so |
639 | pledged are immediately subject to a lien of such pledge without |
640 | any physical delivery thereof or further act, and the lien of |
641 | any such pledge shall be valid and binding against all parties |
642 | having claims of any kind against the authority, irrespective of |
643 | whether the parties have notice thereof. No resolution, deed of |
644 | trust, indenture, or other agreement by which a pledge is |
645 | created need be filed or recorded, except in the records of the |
646 | authority, and notice is not required to be given to any obligor |
647 | of such revenues. No filings under the Uniform Commercial Code |
648 | are required in order to perfect any pledge granted. |
649 | (7) No approval of the qualified electors or qualified |
650 | freeholders of the state or of the county may be required for |
651 | the issuance of any bonds by the authority unless such approval |
652 | is required by the provisions of the Constitution of the State |
653 | of Florida. |
654 | (8) Notwithstanding any other provision of law, bonds |
655 | issued by the authority are legal investments for banks, savings |
656 | banks, trustees, executors, all other fiduciaries, and all |
657 | state, municipal, and other public funds. Any such bonds are |
658 | securities eligible for deposit for the securing of all state, |
659 | municipal, and other public funds. |
660 | Section 13. Bondholder rights and remedies.-- |
661 | (1) The authority may do nothing for the benefit of the |
662 | authority that will impair the security of the bondholders of |
663 | the authority or violate any agreement with the bondholders. |
664 | (a) In addition to any other rights and remedies lawfully |
665 | granted to bondholders, unless otherwise provided by the |
666 | resolution or resolutions providing for the issuance of bonds, |
667 | or by any deed of trust, indenture, or other agreement under |
668 | which the bonds have been issued, holders of 25 percent or such |
669 | other percentage as may be specified in any deed of trust, |
670 | indenture, or other agreement under which the bonds were issued |
671 | in the aggregate principal amount of the bonds then outstanding |
672 | are entitled to appoint a trustee, upon notice as provided in |
673 | this paragraph and for the purpose provided in this act, if the |
674 | authority defaults in the payment of principal or interest for a |
675 | period of 30 days after either becomes due, whether at maturity |
676 | or upon call for redemption, or if the authority fails to comply |
677 | with the provisions of this act, its resolution or resolutions, |
678 | or the requirements of any deed of trust, indenture, or other |
679 | agreement under which the bonds were issued. Any such |
680 | bondholders must first give written notice of their intention to |
681 | appoint a trustee to the authority by certified United States |
682 | mail addressed to the chair of the authority at the principal |
683 | office of the authority and to the holders of all other bonds |
684 | then outstanding at their addresses shown on the registration |
685 | books maintained by the authority or the bond registrar. For |
686 | purposes of this paragraph, any trustee appointed to serve in |
687 | that capacity pursuant to a deed of trust, trust agreement, |
688 | indenture, or other document by which bonds of the authority |
689 | have been issued is deemed to have been selected by the holders |
690 | of bonds issued under that instrument. If more than one trustee |
691 | is designated, either by two or more written instruments or |
692 | pursuant to the provisions of this paragraph, the group of |
693 | bondholders owning the highest percentage of bonds outstanding |
694 | has the right to designate the single trustee to serve in that |
695 | capacity for purposes of this act. |
696 | (b) Unless otherwise provided in any instrument under |
697 | which such bonds were issued, any trustee, whether appointed by |
698 | bondholders in accordance with the provisions of paragraph (a) |
699 | or in accordance with the terms of any deed of trust, indenture, |
700 | or other agreement, may, upon written request of the holders of |
701 | 25 percent or such other percentage as may be specified in any |
702 | deed of trust, indenture, or other agreement under which the |
703 | bonds were issued in the aggregate principal amount of the bonds |
704 | then outstanding, may, in any court of competent jurisdiction, |
705 | in his, her, or its own name: |
706 | 1. By mandamus or other suit, action, or proceeding at law |
707 | or in equity, enforce all rights of the bondholders, including |
708 | the right to require the authority to fix, establish, maintain, |
709 | collect, and charge rates, fees, rentals, and other charges |
710 | adequate to carry out any agreement as to, or pledge of, the |
711 | revenues of the authority, and to require the authority to carry |
712 | out any other agreements with or for the benefit of the |
713 | bondholders, and to perform its and their duties under this act. |
714 | 2. Bring suit upon the bonds. |
715 | 3. By action or suit in equity, require the authority to |
716 | account as if it were the trustee of an express trust for the |
717 | bondholders. |
718 | 4. By action or suit in equity, enjoin any acts or things |
719 | which may be unlawful or in violation of the rights of the |
720 | bondholders. |
721 | 5. By written notice given to the authority in the same |
722 | manner as provided in paragraph (a), declare all bonds due and |
723 | payable and, if all defaults are made good and with the consent |
724 | of the holders of 25 percent or such other percentage as may be |
725 | specified in any deed of trust, indenture, or other agreement |
726 | under which the bonds were issued in the aggregate principal |
727 | amount of the bonds then outstanding, annul such declaration and |
728 | its consequences. |
729 | (2) Unless otherwise provided in any bond resolution, deed |
730 | of trust, indenture, or other agreement under which bonds were |
731 | issued, if a default continues for more than 60 days after |
732 | written notice to the authority, any trustee when appointed as |
733 | provided in paragraph (1)(a), or acting under a deed of trust, |
734 | indenture, or other agreement, and whether or not all bonds have |
735 | been declared due and payable, upon the happening of any of the |
736 | events of default specified in paragraph (1)(a), shall be |
737 | entitled as of right to appoint a receiver. The receiver may |
738 | enter and take possession of any of the authority facilities for |
739 | which the authority is in default as provided in paragraph |
740 | (1)(a), or any part or parts thereof, and the revenues which are |
741 | or may be applicable to the payment of the bonds in default and |
742 | operate and maintain the same for and on behalf of and in the |
743 | name of the authority and the bondholders. The receiver shall |
744 | collect revenues in the same manner as the authority might and |
745 | shall use and apply the funds in accordance with the applicable |
746 | bond documents or, if not so specified, into a separate account |
747 | as directed by the court. |
748 | (3) Nothing in this section or any other section of this |
749 | act authorizes any receiver appointed to sell, assign, mortgage, |
750 | or otherwise dispose of any assets of the authority. The powers |
751 | of such receiver are limited to the operation and maintenance of |
752 | the authority facilities as the court may direct, in the name of |
753 | and for and on behalf of the authority and the bondholders. No |
754 | holder of bonds or any court or any trustee is empowered by this |
755 | act to sell, assign, mortgage, or otherwise dispose of any |
756 | assets of whatever kind or character belonging to the authority. |
757 | Section 14. Covenant of the state.--The State of Florida |
758 | pledges to, and agrees with, the Federal Government and any |
759 | person, firm, or corporation subscribing to or acquiring the |
760 | bonds to be issued by the authority for the construction, |
761 | acquisition, extension, improvement, or enlargement of projects, |
762 | or any part thereof, that the state will not limit or alter the |
763 | rights hereby vested in the authority until all bonds at any |
764 | time issued, together with the interest therein, are fully paid |
765 | and discharged or until provision is made therefor. The State of |
766 | Florida further pledges to, and agrees with, the Federal |
767 | Government that in the event the Federal Government constructs |
768 | or contributes any funds for the construction, acquisition, |
769 | extension, improvement, or enlargement of said projects, or any |
770 | part thereof, the state will not alter or limit the rights and |
771 | powers of the authority in any manner that would be inconsistent |
772 | with the continued maintenance and operation of the projects, or |
773 | any part thereof, or the improvement thereof, or that would be |
774 | inconsistent with the due performance of any agreements between |
775 | the authority and the Federal Government, and the authority |
776 | shall continue to have and may exercise all powers herein |
777 | granted, so long as the exercise of the powers are necessary or |
778 | desirable to carry out the purposes of this act and the purposes |
779 | of the Federal Government in the construction, acquisition, |
780 | improvement, or enlargement of said projects or any part |
781 | thereof. |
782 | Section 15. Alcoholic beverage license.-- |
783 | (1) One beverage license as provided under section 561.17, |
784 | Florida Statutes, shall be issued to the authority or other |
785 | governmental agency operating Gainesville-Alachua County |
786 | Regional Airport as provided in this section. |
787 | (a) The beverage license shall be issued upon the written |
788 | or printed application for licenses to conduct such business, |
789 | made to the Division of Alcoholic Beverages and Tobacco of the |
790 | Department of Business Regulation, stating the character of the |
791 | business to be engaged in, the address of the building in which |
792 | the establishment sought to be licensed is or will be located, |
793 | and the kind of license as defined in chapter 561, Florida |
794 | Statutes, that the applicant desires. The application shall be |
795 | in the name of the authority or other governmental agency |
796 | operating Gainesville-Alachua County Regional Airport and when |
797 | issued shall be issued in the name of such applicant. The |
798 | applicant shall pay to the division the license fees for the |
799 | kind of license that is desired. |
800 | (b) Each license is renewable as provided by general law. |
801 | Each beverage license shall be for the term and subject to the |
802 | same privileges or renewal as provided in sections 561.26 and |
803 | 561.27, Florida Statutes. |
804 | (c) Any business operated under any beverage license shall |
805 | be operated only by a lessee of the restaurants and cocktail |
806 | lounge or cocktail lounges or bars in the airlines terminal, |
807 | administration building, or hotel at the airport to whom the |
808 | license may be transferred. The authority or governmental agency |
809 | operating Gainesville-Alachua County Regional Airport and each |
810 | authorized lessee shall make application to the division for the |
811 | transfer of the license to the lessee, and the application shall |
812 | be approved by the division if it meets the applicable |
813 | requirements of law. Upon termination of a lease for any reason, |
814 | the lessee shall immediately notify the division to retransfer |
815 | the beverage licenses to the authority or the governmental |
816 | agency operating Gainesville-Alachua County Regional Airport. |
817 | Upon failure of a lessee to notify the division, the authority |
818 | or the governmental agency operating Gainesville-Alachua County |
819 | Regional Airport shall immediately request the division in |
820 | writing to transfer the license back to the authority or other |
821 | governmental agency operating Gainesville-Alachua County |
822 | Regional Airport, which may then transfer it to another |
823 | authorized lessee. Thereafter, the beverage license may be |
824 | transferred to any new lessee or the restaurants and cocktail |
825 | lounge, cocktail lounges, or bars upon the same terms and |
826 | conditions. Any alcoholic beverage license issued in accordance |
827 | with this section is the property of the authority or the |
828 | governmental agency operating Gainesville-Alachua County |
829 | Regional Airport, subject to transfer as provided by this |
830 | section. |
831 | (2) The Division of Alcoholic Beverages and Tobacco of the |
832 | Department of Business and Professional Regulation may issue a |
833 | special alcoholic beverage license for a mobile home park |
834 | recreation district operating, within Brevard County, a |
835 | recreational facilities complex. The license shall be valid only |
836 | in and for a facility within the complex that is owned and |
837 | operated by the mobile home park recreation district. The |
838 | license shall allow the sale and service of alcoholic beverages |
839 | for consumption only on the licensed premises of the designated |
840 | facility. |
841 | (3) This section does not preclude persons operating on |
842 | property of the authority from acquiring an alcoholic beverage |
843 | license for use on its premises pursuant to general law and the |
844 | rules of the division. |
845 | Section 16. Purchasing and award of contracts.--Purchasing |
846 | and award of contracts shall be consistent with the authority's |
847 | purchasing policy and Florida statutes. |
848 | Section 17. Exemption of property from taxation.--The |
849 | exercise of the powers by the board conferred in this act |
850 | constitutes the performance of government functions. Facilities |
851 | owned or operated by the district under the provisions of this |
852 | act constitute public property. When such facilities are used |
853 | for governmental purposes, the board shall not be required to |
854 | pay any taxes or assessments upon any such facilities or parts |
855 | thereof. |
856 | Section 18. Discrimination prohibited.-- |
857 | (1) The authority and its lessees, including successors in |
858 | interest, shall not because of race, color, sex, religion, |
859 | national origin, age, disability, or sexual orientation of any |
860 | individual refuse to hire or employ, or bar or discharge from |
861 | employment, such individual or to otherwise discriminate against |
862 | such individual with respect to compensation, hire, tenure, |
863 | terms, conditions, or privileges of employment. |
864 | (2) No person on the grounds of race, color, sex, |
865 | religion, national origin, age, disability, or sexual |
866 | orientation shall be excluded from the participation in, denied |
867 | the benefits of, or otherwise subjected to discrimination in the |
868 | use of leased premises of the authority. |
869 | (3) In furnishing services or materials, or in the |
870 | construction of any improvements, no person shall be excluded |
871 | from participation in, denied the benefits of, or otherwise |
872 | subjected to discrimination with respect thereto. |
873 | (4) There is no right to apply to the court for relief on |
874 | account of any order, requirement, decision, determination, or |
875 | action of the authority under this section unless there has been |
876 | an appeal to the authority. |
877 | Section 19. Litigation.--Nothing herein shall interfere |
878 | with any legal action filed by or against the city or |
879 | predecessor or predecessors of the authority. The authority may |
880 | become a party in any such action as provided by law. Nothing |
881 | herein shall impair the right of the city or the authority to |
882 | initiate, pursue, or defend litigation. |
883 | Section 20. Severability.--If any provision of this act |
884 | or the application thereof to any person or circumstance is held |
885 | invalid, the invalidity shall not affect other provisions or |
886 | applications of the act which can be given effect without the |
887 | invalid provisions or applications, and to this end the |
888 | provisions of this act are declared severable. |
889 | Section 4. This act shall take effect upon becoming a law. |