HB 1629

1
A bill to be entitled
2An act relating to the Gainesville-Alachua County Regional
3Airport Authority; codifying, reenacting, amending, and
4repealing chapters 86-469, 89-433, and 95-457, Laws of
5Florida, relating to the authority; providing a short
6title; providing legislative findings and intent;
7providing definitions; providing purpose of the authority;
8providing for membership, organization, restrictions, and
9powers and duties of the authority; requiring a budget;
10specifying relationship between the authority and local
11government; providing for conveyance of land to the
12authority; authorizing issuance of bonds; providing
13bondholder rights and remedies; specifying covenant of the
14state; authorizing an alcoholic beverage license;
15providing for purchasing and award of contracts; exempting
16property from taxation; prohibiting discrimination;
17providing that the authority may sue and be sued;
18providing for severability; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  (1)  The reenactment of existing law in this
23act shall not be construed as a grant of additional authority to
24or to supersede the authority of any entity pursuant to law.
25Exceptions to law contained in any special act that are
26reenacted pursuant to this act shall continue to apply.
27     (2)  The reenactment of existing law in this act shall not
28be construed to modify, amend, or alter any covenants,
29contracts, or other obligations of any district with respect to
30bonded indebtedness. Nothing pertaining to the reenactment of
31existing law in this act shall be construed to affect the
32ability of any district to levy and collect taxes, assessments,
33fees, or charges for the purpose of redeeming or servicing
34bonded indebtedness of the district.
35     Section 2.  Chapters 86-469, 89-433, and 95-457, Laws of
36Florida, are amended, codified, reenacted, and repealed as
37provided in this act.
38     Section 3.  The charter for the Gainesville-Alachua County
39Regional 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
45airport in the county is essential to the welfare of the people
46of the Gainesville-Alachua County area, the state, and the
47people of the state.
48     (b)  A publicly owned or operated airport in the county
49establishes a vital transportation link between the state and
50the economic systems of the nation and the world and enables the
51state to enjoy and provide the benefits of an international
52tourist and commercial center.
53     (c)  The economic validity and stability of a publicly
54owned or operated airport in the county is a matter of statewide
55importance.
56     (d)  The policy of this state is to promote the development
57of commerce and tourism and to secure for the state's residents
58the benefits of those activities conducted in the state.
59     (e)  The proper operation of a publicly owned or operated
60airport in the county is essential to the welfare of the state
61and its people, and the Legislature recognizes and affirms such
62operation as a governmental function to be discharged in
63furtherance of the policy of securing the benefits of commerce
64and 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
67expenditure of federal moneys.
68     (b)  This act not be construed as impairing or infringing
69upon any rights, privileges, or benefits enjoyed by any employee
70of the authority who is so employed on the effective date of
71this act.
72     (c)  The members and employees of the authority comply with
73the code of ethics provisions under part III of chapter 112,
74Florida Statutes.
75     (d)  This act provide an additional, alternative, and
76complete method for the exercise of the powers granted and
77authorized by this act and be regarded as supplemental to powers
78conferred by other laws and not as a derogation of any powers
79now existing.
80     (e)  The authority manage airport facilities and grant
81airport concessions to further the development of commerce and
82tourism in or affecting the Gainesville-Alachua County area and
83the state. In managing its facilities and granting concessions
84for services to the public, the authority shall promote the
85development 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,
89and quality service.
90     4.  Limiting or prohibiting business competition that is
91destructive to the promotion of commerce and tourism in the
92state.
93     5.  Allocating limited airport resources to promote such
94ends.
95     6.  Fostering Florida's image as a commercial and tourism
96center.
97     Section 3.  Definitions.--As used in this act, unless the
98context otherwise requires, the term:
99     (1)  "Airport" means any area of land or water designed for
100landing and takeoff of aircraft, whether or not facilities are
101provided for the shelter, servicing, or repair of aircraft or
102for receiving and discharging passengers or cargo, including all
103appurtenant areas used or suitable for use for airport buildings
104or other airport facilities and all appurtenant rights-of-way at
105the area now known, and which may hereafter be known, as the
106Gainesville Regional Airport.
107     (2)  "Airport facilities" means airport facilities at the
108Gainesville Regional Airport and used for the transportation of
109people and cargo, including, but not limited to, runways,
110taxiways, taxi lanes, aprons, hangars, shops, terminals,
111buildings, parking lots, roadways, and all other facilities
112necessary or desirable for landing, takeoff, operating,
113servicing, repairing, and parking of aircraft, and the unloading
114and handling of passengers, mail, and express and freight cargo,
115together with all necessary appurtenances and equipment and all
116properties, rights, easements, and franchises relating thereto
117and deemed necessary or convenient by the authority in
118connection therewith. This shall also include the area known on
119the effective date of this act as the "Airport Industrial Park"
120and all appurtenant facilities related thereto.
121     (3)  "Airport lands" means any area of land or water
122described on the Gainesville Regional Airport Property Map as
123presented to the Federal Aviation Administration, which may be
124amended from time to time, and used for operation of the
125airport, for protection of the airport, or for aeronautical or
126nonaeronautical revenue generated for the benefit of the
127airport.
128     (4)  "Airport facility district" means the district
129described in the City of Gainesville land use regulations that
130recognizes the unique conditions pertaining to Gainesville
131Regional Airport and provides a means of balancing conformance
132to applicable state and federal regulations with local concerns
133and specific needs of the airport.
134     (5)  "Authority" means the Gainesville-Alachua County
135Regional Airport Authority created herein.
136     (6)  "Authorized project" means an undertaking, including a
137capital project, approved by the authority and includes all
138property rights, easements, and franchises related thereto and
139deemed necessary or convenient for the construction,
140acquisition, or operation thereof and embraces any capital
141expenditure that is made for a public purpose, including the
142refunding of any bonded indebtedness that may be outstanding on
143any existing project that is to be improved by a new project.
144     (7)  "Board of county commissioners" means the Board of
145County Commissioners of the County of Alachua.
146     (8)  "Bond" includes bonds, debentures, notes, certificates
147of indebtedness, mortgage certificates, or other obligations or
148evidences 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
151City of Gainesville.
152     (11)  "County" means the County of Alachua.
153     (12)  "Person" means any individual, firm, partnership,
154corporation, company, association, joint stock association, or
155body politic and includes any trustee, receiver, assignee, or
156other similar representative thereof.
157     (13)  "Revenue bonds" means obligations of the authority
158that are payable from revenues derived from sources other than
159ad valorem taxes on real or tangible personal property and that
160do not pledge the property, credit, or general tax revenue of
161the authority or the city.
162     (14)  "Refunding bonds" means bonds issued to refinance
163outstanding bonds of any type and the interest and redemption
164premium thereon. Refunding bonds shall be issuable and payable
165in the same manner as the refinanced bonds, except that no
166approval by the electorate is required unless required by the
167State Constitution.
168     Section 4.  Creation; purpose.--
169     (1)  The Gainesville-Alachua County Regional Airport is
170created, and the powers granted by this act are declared to be
171public and governmental functions exercised for public purposes
172and are matters of public necessity. Lands and other real and
173personal property, easements, and privileges acquired and used
174by the authority are declared to have been acquired for and used
175for public and governmental purposes and as a matter of public
176necessity. The authority is a public body corporate and is an
177independent special district.
178     (2)  The authority has exclusive jurisdiction, control,
179supervision, and management over all airports in Alachua County
180except any airport owned, controlled, and operated by a private
181person. Said jurisdiction, control, supervision, and management
182are 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.
185There shall be nine members. No member shall receive any
186compensation for services as a member. As a condition of
187eligibility for appointment and to hold office, each member
188shall reside within the city, the county, or a county contiguous
189to Alachua County. No person shall serve as a member of the
190authority and at the same time hold any publicly elected office
191in the state.
192     (2)  Upon expiration of the terms of office of those
193members of the authority upon the effective date of this act,
194subsequent appointments shall be made as follows:
195     (a)  On or before the date a respective member's term is to
196expire, the Governor shall replace by appointment any of the
197three members appointed by the Governor.
198     (b)  On or before the date the member's term is to expire,
199the board of county commissioners shall replace by appointment
200the member appointed by the board.
201     (c)  On or before the date a respective member's term is to
202expire, the city commission shall replace by appointment any of
203the remaining five members appointed by the commission.
204     (3)  If, upon expiration of a member's term of office, an
205appointing entity fails to replace that member and the member is
206willing to continue to serve, the member with the expired term
207shall continue to serve until a replacement is appointed.
208     (4)  The term of any member appointed before the effective
209date of this act shall expire on July 31 of the year such
210member's term was scheduled to expire. No member shall serve
211more than two successive terms.
212     (5)  All members appointed after the effective date of this
213act shall serve 4-year terms of office, beginning on August 1
214and expiring on July 31 of the appropriate years.
215     (6)  Except as otherwise provided herein, vacancies in
216office shall be filled for the remainder of the term by the
217appropriate appointing entity in the same manner as set forth in
218subsection (2). Except as provided in subsection (3), a vacant
219position shall remain vacant until a successor has been
220appointed by the appropriate entity.
221     (7)  A member may be removed by his or her appointing
222entity upon grounds constituting misfeasance, neglect of duty,
223incompetence, or permanent inability to perform official duties.
224Conviction of a felony shall automatically remove a member. The
225unexcused absence from three consecutive regular meetings of the
226authority shall be deemed neglect of duty, without limiting the
227meaning of the term "neglect of duty."
228     Section 6.  Organization; meetings; notice; quorum.--A
229chair, vice chair, and secretary-treasurer shall be chosen by
230and from the authority membership. The chair, vice chair, and
231secretary-treasurer shall each serve a term of office of 1 year,
232and no member may hold the same office for more than 2
233consecutive terms.
234     (1)  The authority shall meet at the call of the chair, at
235the request of three or more of its members, and at such other
236times as may be prescribed by rule of the authority.
237     (2)  The authority shall give notice of all meetings at
238least 48 hours prior thereto, which notice shall be published in
239a newspaper in general circulation in Alachua County, and shall
240include agenda items whenever such items involve leasing of any
241airport property. Emergency meetings shall be called only when
242there is an immediate danger to the public health, safety, or
243welfare, and do not require traditional public notice.
244     (3)  The presence of five members is required to constitute
245a quorum, and the affirmative vote of a majority of the members
246present and eligible to vote, but no fewer than four of the
247members present and eligible to vote, is required for any action
248or recommendation by the authority.
249     Section 7.  Restrictions.--
250     (1)  No person who has transacted business with the
251authority shall be eligible for appointment to the authority
252until 3 years after the last transaction. No person who has
253served on the authority shall be eligible to transact business
254with the authority or be employed directly or indirectly by an
255entity transacting business with the authority until 3 years
256after the date of termination of membership. "Transactions"
257include all business dealings, representation of business
258entities, and submission of proposals for doing business with
259the authority either for oneself or as an employee of, agent
260for, or consultant to any other person or legal entity. However,
261nothing in this paragraph shall be construed as prohibiting an
262appointed member from purchasing supplies or services from any
263fixed-base operator or tenant at the airport or Airport
264Industrial Park or for renting individual aircraft hangars or
265tie-downs offered to the general public and owned by the
266authority.
267     (2)  No member, officer, agent, or employee of the
268authority, either for himself or herself or as agent for anyone
269else, or as a stockholder or owner in any other legal entity,
270shall participate in or benefit directly or indirectly from any
271sale, purchase, lease, franchise, contract, or other transaction
272entered into by the authority or the city. The provisions of
273this subsection shall be cumulative to any general laws of the
274state that may from time to time be applicable to members,
275officers, agents, or employees of the authority and that require
276the disclosure of, or prohibit, conflicts of interest.
277     (3)  No member, as an individual, may represent the
278authority, speak for the authority, or speak on behalf of the
279authority without being directed through a formal action of the
280governing board to do so.
281     Section 8.  Powers and duties.--
282     (1)  The authority shall have exclusive jurisdiction over
283the operation and maintenance of and improvements to airport
284lands. Further, the authority shall oversee the Airport Facility
285District, consisting of airport lands for purposes of City of
286Gainesville land use regulations, which shall govern items
287including, but not limited to, height, landscaping, sidewalks,
288and lighting, and shall:
289     (a)  Approve, file with the clerk, and pay any surety bond
290required of any member or of any employee of the authority.
291     (b)  Exclusively control, supervise, and manage all
292airports in the county and each municipality, except any airport
293owned, controlled, or operated by a private person.
294     (c)  Advertise for sealed bids when required by law;
295however, the authority may reject all bids and readvertise or
296select a single item from any bid as further provided in this
297act.
298     (d)  Adopt before October 1 of each year an annual budget
299prepared by the chief executive officer, which must include an
300estimate of all revenues and anticipated expenditures for the
301ensuing fiscal year.
302     (e)  Require in all bond documents that moneys derived from
303such bonds be paid to or upon order of the authority.
304     (f)  Have the authority's finances audited in the same
305manner 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
308to other laws, in exercising its powers.
309     (b)  Appoint or employ and constitute its own airport
310guards or police officers or contract with the city, county, or
311any agency of the state to provide 1aw enforcement services and
312protection through its duly sworn officers, and all such
313officers shall have full power of arrest to prevent or abate the
314commission of an offense against the ordinances of the city or
315county, the laws of this state, or the laws of the United States
316when any such offense or threatened offense occurs upon any
317airport lands.
318     (c)  Construct and maintain terminal buildings, causeways,
319roadways, and bridges for approach to or connecting with the
320airport.
321     (d)  Require the secretary-treasurer and other officers or
322employees of the authority to execute an adequate surety bond in
323a penal sum fixed by the authority conditioned upon the faithful
324performance of the duties of the office or employment.
325     (e)  Establish positions, duties, and a pay plan and
326employ, pay, provide benefits for, promote, discipline, and
327terminate personnel, including a chief executive officer who
328shall be responsible for the day-to-day administration,
329management, and operation of the authority in accordance with
330policy established by the members of the authority and perform
331other duties as may be authorized by the members.
332     (f)  By policy or resolution, authorize the chief executive
333officer to perform any of the powers of the authority in whole
334or in part and with whatever other limitations the authority may
335impose, provided that said authorization does not result in an
336invalid exercise of delegated legislative authority as defined
337in general law.
338     (g)  Employ or contract with technical and professional
339experts necessary to assist the authority in carrying out or
340exercising any powers granted by this act.
341     (h)  Reimburse for all travel expenses incurred while on
342business for the authority, upon requisition, any member, the
343authority's attorneys, the chief executive officer, and any
344employee of the authority traveling under the direction of the
345chief executive officer or the chief executive officer's
346designee in accordance with authority policies.
347     (i)  Create, appoint, and prescribe the duties of any
348committee.
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
353emergency exists and supplies and materials must be immediately
354acquired by the authority.
355     (n)  Negotiate and enter into contracts, agreements,
356exclusive or limited agreements, and cooperation agreements of
357any kind necessary for the authority to fulfill the purposes of
358this act.
359     (o)  Include contract specifications maximizing the
360employment of persons whose protected group has been
361underutilized in the past.
362     (p)  Enter into exclusive or limited agreements with a
363single operator or a limited number of operators. The authority
364shall grant exclusive or limited agreements to eliminate
365business competition by rule or policy whenever the authority
366determines, in consideration of the factors set forth in this
367paragraph that any such agreement is necessary to further the
368purposes of this act. Before entering into any exclusive or
369limited agreement, the authority shall, under authority
370expressly delegated by the state, determine the necessity for
371such an exclusive or limited agreement to further the policies
372and objectives stated in this act, which include public safety,
373public convenience, quality of service, the need to conserve
374airport space, the need to avoid duplication of services, the
375impact on the environment or facilities of the airport as an
376essential commercial and tourism service center, and the need to
377avoid destructive competition that may impair the quality of
378airport services to the public, lead to uncertainty, disruption,
379or instability in rendering such services, or detract from the
380Gainesville-Alachua County area and the state's attractiveness
381as a center of tourism and commerce. In making its
382determination, the authority shall take evidence or make
383findings of fact and establish such policies it deems necessary.
384Nothing in this paragraph shall excuse the authority from
385complying with applicable state or local requirements for
386competitive bidding or public hearings that may be required
387before awarding or entering into any contract or other
388agreement.
389     (q)  Provide for the manual execution of any instrument on
390behalf of the authority by the signature of the chair or vice
391chair and attested to by the secretary or the assistant
392secretary or, if delegated by the members to do so, the chief
393executive officer or any other authority personnel to whom
394authority has been delegated, or by signer's facsimile signature
395in accordance with the Uniform Facsimile Signature of Public
396Officials Act.
397     (r)  Purchase and sell equipment, supplies, and services
398required for authority purposes.
399     (s)  Sell, lease, transfer, dispose of, or grant a lesser
400interest in any authority properties.
401     (t)  Dispose of tangible personal property in accordance
402with chapter 274, Florida Statutes.
403     (u)  Grant concessions.
404     (v)  Advertise, promote, and encourage the use and
405expansion of facilities under the authority's jurisdiction.
406     (w)  Enact airport zoning regulations in accordance with
407chapter 333, Florida Statutes, to ensure the safe operation of
408airports under the authority's jurisdiction; however, any such
409airport zoning regulations may not affect the zoning use
410regulations imposed by the county or any municipality.
411     (x)  Acquire, own, construct, install, maintain, and
412operate authority facilities and real property by purchase,
413gift, devise, lease, or any other means, including eminent
414domain in accordance with chapters 73 and 74, Florida Statutes.
415For the purposes of making surveys and examinations incidental
416to any condemnation proceedings, the authority may lawfully
417enter upon any land, doing no unnecessary damage. The authority
418may take possession of property to be acquired by condemnation
419at any time after filing a petition describing the property in
420condemnation proceedings as provided in general law. The
421authority is not precluded from abandoning the condemnation of
422any such property in any case where possession has not been
423taken.
424     (y)  Reimburse the owner of any structure for which the
425authority may require removal, relocation, or reconstruction
426located in, on, under, or across any private property, public
427street, highway, or other public or private places for the
428estimated or actual expense of the removal, relocation, or
429reconstruction.
430     (z)  Supplement and coordinate in design and operation air
431navigation facilities with those established and operated by the
432federal and state governments.
433     (aa)  Request the county or any municipality to convey to
434the authority the fee simple title to any county-owned or
435municipality-owned airport or other property needed for airport
436purposes.
437     (bb)  Upon determining that any airport or part of any
438airport under the authority's jurisdiction but owned by a
439county, municipality, or other governmental agency is no longer
440required for authority purposes, relinquish jurisdiction,
441control, supervision, and management over that airport property
442or that part of any airport property. However, the consent and
443approval of any revenue bondholders must first be obtained and
444necessary authorizations or approvals received from federal
445agencies regulating airports.
446     (cc)  Expend revenues for the cost of investigating,
447surveying, planning, acquiring, establishing, constructing,
448enlarging, improving, equipping, and erecting authority
449facilities by appropriation of revenues or wholly or partly from
450the proceeds of bonds of the authority. The term "cost" includes
451awards in condemnation proceedings, rentals when an acquisition
452is by lease, and amounts paid to utility companies for
453relocation of their wires, poles, and other facilities.
454     (dd)  Incur expenses as provided in the authority's annual
455budget and any amended budget.
456     (ee)  Assess against and collect from the owner or operator
457of each airplane using any authority facility a landing fee or
458service charge sufficient to cover the cost of the service
459provided, which cost may include the liquidation of bonds or
460other indebtedness for construction and improvement.
461     (ff)  Accept federal, state, and any other public or
462private moneys, grants, contributions, or loans for the
463acquisition, construction, enlargement, improvement,
464maintenance, equipment, or operation of authority facilities, or
465for any other lawful purpose.
466     (gg)  Fix, alter, charge, establish, and collect rates,
467fees, rentals, and other charges for the services of authority
468facilities at reasonable and uniform rates.
469     (hh)  Apply for, hold, and periodically transfer alcoholic
470beverage licenses as provided by this act.
471     (ii)  Adopt and amend rules, regulations, and policies
472reasonably necessary for the implementation of this act.
473     (jj)  By resolution, fix and enforce penalties for the
474violation of this act or a rule, regulation, or policy adopted
475in accordance with this act.
476     (kk)  Amend the budget after its adoption.
477     (ll)  Receive, deposit, secure, and pay out moneys as
478provided by this act.
479     (mm)  Designate a depository or depositories that is
480qualified as a public depository under section 280.04, Florida
481Statutes, and thereafter establish and open an account or
482accounts into which revenues collected are deposited and from
483which expenditures are made.
484     (nn)  Establish and deposit into and expend moneys from a
485surplus fund by using funds that may remain unexpended at the
486end of the fiscal year and may be set aside in a separate fund
487to be known as the Capital Improvement Fund and accumulated and
488expended from year to year solely for the purpose of building
489and constructing permanent improvements, replacements,
490alterations, buildings, and other structures, including runways,
491taxi strips, and aprons.
492     (oo)  Except as otherwise provided in this act, by
493resolution borrow money and issue bonds in the manner and within
494the limitation prescribed by general law for the issuance and
495authorization of bonds; however, any bonds issued by the
496authority shall have a maturity date not exceeding 40 years from
497the date of issuance, shall be self-liquidating or otherwise
498payable from revenues of the authority, shall be payable
499semiannually, and shall not be a lien against the general taxing
500powers of the county or any municipality.
501     (pp)  Enter into any deeds of trust, indentures, or other
502agreements with any bank or trust company as security for
503authority bonds, and assign and pledge any or all of the
504authority's revenues. Such deeds of trust, indentures, or other
505agreements may contain provisions customary in such instruments
506or as authorized by the authority.
507     (qq)  Secure the payment of bonds or any part thereof by
508pledging all or any part of authority revenues and provide for
509the security of the bonds and the rights and remedies of the
510bondholders.
511     (rr)  Pending the preparation of definitive bonds, issue
512certificates or temporary bonds to the purchaser of bonds.
513     (ss)  Transact the business of the authority and exercise
514all powers necessarily incidental to the exercise of the general
515and special powers granted in this act and under any other law.
516     (tt)  Exercise all powers of a local agency granted
517pursuant to part II of chapter 159, Florida Statutes, and to a
518governmental unit granted pursuant to part VII of chapter 159,
519Florida Statutes.
520     (uu)  Do all acts and things necessary or convenient for
521the promotion of authority business and the general welfare of
522the authority.
523     Section 9.  Budget.--The fiscal year for the authority
524shall be October 1 through September 30. For each fiscal year
525after the effective date of this act:
526     (1)  Prior to preparation of the annual budget as provided
527in subsection (2), the authority shall develop an annual
528proposed budget consisting of the elements described in
529subsection (2), which shall be presented for a public hearing.
530The public hearing shall be noticed as a budget hearing.
531     (2)  Following the public hearing conducted pursuant to
532subsection (1), the authority shall prepare an annual budget
533consisting of an operating revenue and operating expense
534account, capital outlay account, and capital project account for
535its operations in the ensuing fiscal year. At the time the
536authority prepares its annual budget, it shall adopt a
537resolution determining and finding the estimated amounts to be
538expended by the authority in the ensuing year in each account,
539exclusive of any bonds or other indebtedness of the authority,
540used to acquire, establish, construct, enlarge, operate, and
541maintain the airport and airport facilities and other facilities
542related thereto or for any other corporate purpose of the
543authority.
544     (3)  The authority may, at any time within a fiscal year,
545adopt budget amendments.
546     (4)  All anticipated revenues to be derived from the
547operation of the airport and airport facilities shall be
548included in the budget, provided that any amounts of money,
549anticipated or actual, including funds in the authority's budget
550for the preceding fiscal year that remain unencumbered and
551unexpended from the revenue derived under the budget for the
552preceding fiscal year, may, by resolution of the authority, be
553set aside in a separate fund to be entitled the "Renewal and
554Replacement Fund" and accumulated in said fund from year to year
555for the purpose of purchasing real and tangible personal
556property and for building and constructing permanent
557improvements, replacements, alterations, buildings, and other
558structures, including, but not limited to, runways, taxi strips,
559and aprons. Such funds may be disbursed from time to time out of
560the Renewal and Replacement Fund upon proper resolution of the
561authority solely for the payment of the costs of purchasing real
562and tangible personal property and for building and constructing
563permanent improvements, replacements, alterations, buildings,
564and other structures, including, but not limited to, runways,
565taxi strips, and aprons.
566     (5)  The authority shall adopt budget procedures to
567establish the direct and indirect costs of operating and
568maintaining the airport and airport facilities, as well as the
569direct income derived therefrom. However, the budget of the
570authority shall not include the maintenance and upkeep of
571navigational aids as performed and funded directly by the
572Federal Aviation Administration.
573     (6)  The city, the county and the county's other political
574subdivisions may, by loan or grant, fund budget deficits of the
575authority and all may guarantee bonds issued by the authority.
576     Section  10.  Relationship between the authority and the
577city and county.--The authority shall have the power and
578responsibility to operate the airport and airport facilities in
579a manner consistent with applicable federal, state, county, and
580city law. The city has no power to operate or maintain the
581airport and airport facilities, but applicable building codes of
582the city shall apply to all construction upon the airport except
583to the extent that different state or federal requirements are
584expressly applicable and except to the extent that the authority
585or the airport has been made exempt by state or federal law from
586any requirement of the city. All construction upon the airport
587shall be subject to inspection by the city on behalf of the
588state, and the city inspectors may ensure compliance with
589applicable state regulation of such construction in addition to
590applicable city regulations.
591     Section 11.  Title to airport land.--The city may convey
592title to the land comprising the Gainesville Regional Airport to
593the authority for no monetary consideration. Nothing in this act
594shall be construed to impair the obligations of any original
595agreements with the Federal Government or of any agreement
596between the city or any of its agencies and fixed-base operators
597of the airport entered into as of the effective date of this
598act.
599     Section 12.  Bonds.--
600     (1)  Bonds may be issued to finance one or more or a
601combination of authority facilities. Subject to any prior rights
602of bondholders, proceeds of such bonds may be pledged and used
603to pay the costs of the acquisition, construction, or
604improvement of one or more or a combination of authority
605facilities or to refund bonds previously issued for such
606purpose. Revenues of the authority, regardless of the airport
607project or other source from which they are derived, may be
608pledged to pay bonds issued to finance the cost of authority
609facilities and to pay refunding bonds and ancillary costs
610associated with such financings.
611     (2)  Except as otherwise provided by this act, security,
612payment provisions, contracts, terms, and other attributes of
613bonds issued by the authority shall be specified by the
614authority by initial or amendatory resolution, trust agreement,
615or other bond documentation.
616     (3)  The bonds shall be executed by manual or facsimile
617signature by the officers the authority has designated, provided
618that such bonds bear at least one signature that is manually
619executed to the extent required by general law. Any coupons
620attached to the bonds shall bear the facsimile signature or
621signatures of the officer or officers designated by the
622authority. If any member or officer whose manual or facsimile
623signature appears on any bond or coupon ceases to be a member or
624an officer before the delivery of the bonds, such signature
625shall be valid and sufficient for all purposes as if that member
626or officer had remained in office until delivery. The bonds
627shall bear the seal of the authority affixed as provided by
628resolution.
629     (4)  Bonds may be sold either at public or private sale at
630such price or prices determined by the authority.
631     (5)  Any bonds issued under this act are negotiable
632instruments and investment securities under chapter 678, Florida
633Statutes.
634     (6)  The pledge by the authority of its revenues to the
635payment of its bonds by the terms of a resolution or through any
636deed of trust, indenture, or other agreement creates a valid and
637binding lien thereon and a prior perfected security interest
638therein from the time the pledge is made. Any revenues so
639pledged are immediately subject to a lien of such pledge without
640any physical delivery thereof or further act, and the lien of
641any such pledge shall be valid and binding against all parties
642having claims of any kind against the authority, irrespective of
643whether the parties have notice thereof. No resolution, deed of
644trust, indenture, or other agreement by which a pledge is
645created need be filed or recorded, except in the records of the
646authority, and notice is not required to be given to any obligor
647of such revenues. No filings under the Uniform Commercial Code
648are required in order to perfect any pledge granted.
649     (7)  No approval of the qualified electors or qualified
650freeholders of the state or of the county may be required for
651the issuance of any bonds by the authority unless such approval
652is required by the provisions of the Constitution of the State
653of Florida.
654     (8)  Notwithstanding any other provision of law, bonds
655issued by the authority are legal investments for banks, savings
656banks, trustees, executors, all other fiduciaries, and all
657state, municipal, and other public funds. Any such bonds are
658securities eligible for deposit for the securing of all state,
659municipal, and other public funds.
660     Section 13.  Bondholder rights and remedies.--
661     (1)  The authority may do nothing for the benefit of the
662authority that will impair the security of the bondholders of
663the authority or violate any agreement with the bondholders.
664     (a)  In addition to any other rights and remedies lawfully
665granted to bondholders, unless otherwise provided by the
666resolution or resolutions providing for the issuance of bonds,
667or by any deed of trust, indenture, or other agreement under
668which the bonds have been issued, holders of 25 percent or such
669other percentage as may be specified in any deed of trust,
670indenture, or other agreement under which the bonds were issued
671in the aggregate principal amount of the bonds then outstanding
672are entitled to appoint a trustee, upon notice as provided in
673this paragraph and for the purpose provided in this act, if the
674authority defaults in the payment of principal or interest for a
675period of 30 days after either becomes due, whether at maturity
676or upon call for redemption, or if the authority fails to comply
677with the provisions of this act, its resolution or resolutions,
678or the requirements of any deed of trust, indenture, or other
679agreement under which the bonds were issued. Any such
680bondholders must first give written notice of their intention to
681appoint a trustee to the authority by certified United States
682mail addressed to the chair of the authority at the principal
683office of the authority and to the holders of all other bonds
684then outstanding at their addresses shown on the registration
685books maintained by the authority or the bond registrar. For
686purposes of this paragraph, any trustee appointed to serve in
687that capacity pursuant to a deed of trust, trust agreement,
688indenture, or other document by which bonds of the authority
689have been issued is deemed to have been selected by the holders
690of bonds issued under that instrument. If more than one trustee
691is designated, either by two or more written instruments or
692pursuant to the provisions of this paragraph, the group of
693bondholders owning the highest percentage of bonds outstanding
694has the right to designate the single trustee to serve in that
695capacity for purposes of this act.
696     (b)  Unless otherwise provided in any instrument under
697which such bonds were issued, any trustee, whether appointed by
698bondholders in accordance with the provisions of paragraph (a)
699or in accordance with the terms of any deed of trust, indenture,
700or other agreement, may, upon written request of the holders of
70125 percent or such other percentage as may be specified in any
702deed of trust, indenture, or other agreement under which the
703bonds were issued in the aggregate principal amount of the bonds
704then outstanding, may, in any court of competent jurisdiction,
705in his, her, or its own name:
706     1.  By mandamus or other suit, action, or proceeding at law
707or in equity, enforce all rights of the bondholders, including
708the right to require the authority to fix, establish, maintain,
709collect, and charge rates, fees, rentals, and other charges
710adequate to carry out any agreement as to, or pledge of, the
711revenues of the authority, and to require the authority to carry
712out any other agreements with or for the benefit of the
713bondholders, 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
716account as if it were the trustee of an express trust for the
717bondholders.
718     4.  By action or suit in equity, enjoin any acts or things
719which may be unlawful or in violation of the rights of the
720bondholders.
721     5.  By written notice given to the authority in the same
722manner as provided in paragraph (a), declare all bonds due and
723payable and, if all defaults are made good and with the consent
724of the holders of 25 percent or such other percentage as may be
725specified in any deed of trust, indenture, or other agreement
726under which the bonds were issued in the aggregate principal
727amount of the bonds then outstanding, annul such declaration and
728its consequences.
729     (2)  Unless otherwise provided in any bond resolution, deed
730of trust, indenture, or other agreement under which bonds were
731issued, if a default continues for more than 60 days after
732written notice to the authority, any trustee when appointed as
733provided in paragraph (1)(a), or acting under a deed of trust,
734indenture, or other agreement, and whether or not all bonds have
735been declared due and payable, upon the happening of any of the
736events of default specified in paragraph (1)(a), shall be
737entitled as of right to appoint a receiver. The receiver may
738enter and take possession of any of the authority facilities for
739which the authority is in default as provided in paragraph
740(1)(a), or any part or parts thereof, and the revenues which are
741or may be applicable to the payment of the bonds in default and
742operate and maintain the same for and on behalf of and in the
743name of the authority and the bondholders. The receiver shall
744collect revenues in the same manner as the authority might and
745shall use and apply the funds in accordance with the applicable
746bond documents or, if not so specified, into a separate account
747as directed by the court.
748     (3)  Nothing in this section or any other section of this
749act authorizes any receiver appointed to sell, assign, mortgage,
750or otherwise dispose of any assets of the authority. The powers
751of such receiver are limited to the operation and maintenance of
752the authority facilities as the court may direct, in the name of
753and for and on behalf of the authority and the bondholders. No
754holder of bonds or any court or any trustee is empowered by this
755act to sell, assign, mortgage, or otherwise dispose of any
756assets of whatever kind or character belonging to the authority.
757     Section 14.  Covenant of the state.--The State of Florida
758pledges to, and agrees with, the Federal Government and any
759person, firm, or corporation subscribing to or acquiring the
760bonds to be issued by the authority for the construction,
761acquisition, extension, improvement, or enlargement of projects,
762or any part thereof, that the state will not limit or alter the
763rights hereby vested in the authority until all bonds at any
764time issued, together with the interest therein, are fully paid
765and discharged or until provision is made therefor. The State of
766Florida further pledges to, and agrees with, the Federal
767Government that in the event the Federal Government constructs
768or contributes any funds for the construction, acquisition,
769extension, improvement, or enlargement of said projects, or any
770part thereof, the state will not alter or limit the rights and
771powers of the authority in any manner that would be inconsistent
772with the continued maintenance and operation of the projects, or
773any part thereof, or the improvement thereof, or that would be
774inconsistent with the due performance of any agreements between
775the authority and the Federal Government, and the authority
776shall continue to have and may exercise all powers herein
777granted, so long as the exercise of the powers are necessary or
778desirable to carry out the purposes of this act and the purposes
779of the Federal Government in the construction, acquisition,
780improvement, or enlargement of said projects or any part
781thereof.
782     Section 15.  Alcoholic beverage license.--
783     (1)  One beverage license as provided under section 561.17,
784Florida Statutes, shall be issued to the authority or other
785governmental agency operating Gainesville-Alachua County
786Regional Airport as provided in this section.
787     (a)  The beverage license shall be issued upon the written
788or printed application for licenses to conduct such business,
789made to the Division of Alcoholic Beverages and Tobacco of the
790Department of Business Regulation, stating the character of the
791business to be engaged in, the address of the building in which
792the establishment sought to be licensed is or will be located,
793and the kind of license as defined in chapter 561, Florida
794Statutes, that the applicant desires. The application shall be
795in the name of the authority or other governmental agency
796operating Gainesville-Alachua County Regional Airport and when
797issued shall be issued in the name of such applicant. The
798applicant shall pay to the division the license fees for the
799kind of license that is desired.
800     (b)  Each license is renewable as provided by general law.
801Each beverage license shall be for the term and subject to the
802same privileges or renewal as provided in sections 561.26 and
803561.27, Florida Statutes.
804     (c)  Any business operated under any beverage license shall
805be operated only by a lessee of the restaurants and cocktail
806lounge or cocktail lounges or bars in the airlines terminal,
807administration building, or hotel at the airport to whom the
808license may be transferred. The authority or governmental agency
809operating Gainesville-Alachua County Regional Airport and each
810authorized lessee shall make application to the division for the
811transfer of the license to the lessee, and the application shall
812be approved by the division if it meets the applicable
813requirements of law. Upon termination of a lease for any reason,
814the lessee shall immediately notify the division to retransfer
815the beverage licenses to the authority or the governmental
816agency operating Gainesville-Alachua County Regional Airport.
817Upon failure of a lessee to notify the division, the authority
818or the governmental agency operating Gainesville-Alachua County
819Regional Airport shall immediately request the division in
820writing to transfer the license back to the authority or other
821governmental agency operating Gainesville-Alachua County
822Regional Airport, which may then transfer it to another
823authorized lessee. Thereafter, the beverage license may be
824transferred to any new lessee or the restaurants and cocktail
825lounge, cocktail lounges, or bars upon the same terms and
826conditions. Any alcoholic beverage license issued in accordance
827with this section is the property of the authority or the
828governmental agency operating Gainesville-Alachua County
829Regional Airport, subject to transfer as provided by this
830section.
831     (2)  The Division of Alcoholic Beverages and Tobacco of the
832Department of Business and Professional Regulation may issue a
833special alcoholic beverage license for a mobile home park
834recreation district operating, within Brevard County, a
835recreational facilities complex. The license shall be valid only
836in and for a facility within the complex that is owned and
837operated by the mobile home park recreation district. The
838license shall allow the sale and service of alcoholic beverages
839for consumption only on the licensed premises of the designated
840facility.
841     (3)  This section does not preclude persons operating on
842property of the authority from acquiring an alcoholic beverage
843license for use on its premises pursuant to general law and the
844rules of the division.
845     Section 16.  Purchasing and award of contracts.--Purchasing
846and award of contracts shall be consistent with the authority's
847purchasing policy and Florida statutes.
848     Section 17.  Exemption of property from taxation.--The
849exercise of the powers by the board conferred in this act
850constitutes the performance of government functions. Facilities
851owned or operated by the district under the provisions of this
852act constitute public property. When such facilities are used
853for governmental purposes, the board shall not be required to
854pay any taxes or assessments upon any such facilities or parts
855thereof.
856     Section 18.  Discrimination prohibited.--
857     (1)  The authority and its lessees, including successors in
858interest, shall not because of race, color, sex, religion,
859national origin, age, disability, or sexual orientation of any
860individual refuse to hire or employ, or bar or discharge from
861employment, such individual or to otherwise discriminate against
862such individual with respect to compensation, hire, tenure,
863terms, conditions, or privileges of employment.
864     (2)  No person on the grounds of race, color, sex,
865religion, national origin, age, disability, or sexual
866orientation shall be excluded from the participation in, denied
867the benefits of, or otherwise subjected to discrimination in the
868use of leased premises of the authority.
869     (3)  In furnishing services or materials, or in the
870construction of any improvements, no person shall be excluded
871from participation in, denied the benefits of, or otherwise
872subjected to discrimination with respect thereto.
873     (4)  There is no right to apply to the court for relief on
874account of any order, requirement, decision, determination, or
875action of the authority under this section unless there has been
876an appeal to the authority.
877     Section 19.  Litigation.--Nothing herein shall interfere
878with any legal action filed by or against the city or
879predecessor or predecessors of the authority. The authority may
880become a party in any such action as provided by law. Nothing
881herein shall impair the right of the city or the authority to
882initiate, pursue, or defend litigation.
883     Section  20.  Severability.--If any provision of this act
884or the application thereof to any person or circumstance is held
885invalid, the invalidity shall not affect other provisions or
886applications of the act which can be given effect without the
887invalid provisions or applications, and to this end the
888provisions of this act are declared severable.
889     Section 4.  This act shall take effect upon becoming a law.


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