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 definitions; providing purpose of the
7authority; providing for membership, organization,
8restrictions, and powers and duties of the authority;
9requiring a budget; specifying relationship between the
10authority and local governments; providing for conveyance
11of land to the authority; authorizing issuance of bonds;
12specifying covenant of the state; authorizing an alcoholic
13beverage license; providing for purchasing and award of
14contracts; prohibiting discrimination; authorizing the
15right to sue and be sued; providing for severability;
16prohibiting supersession of certain laws and grant
17assurances; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  (1)  The reenactment of existing law in this
22act shall not be construed as a grant of additional authority to
23or to supersede the authority of any entity pursuant to law.
24Exceptions to law contained in any special act that are
25reenacted pursuant to this act shall continue to apply.
26     (2)  The reenactment of existing law in this act shall not
27be construed to modify, amend, or alter any covenants,
28contracts, or other obligations of any district with respect to
29bonded indebtedness. Nothing pertaining to the reenactment of
30existing law in this act shall be construed to affect the
31ability of any district to levy and collect taxes, assessments,
32fees, or charges for the purpose of redeeming or servicing
33bonded indebtedness of the district.
34     Section 2.  Chapters 86-469, 89-433, and 95-457, Laws of
35Florida, are amended, codified, reenacted, and repealed as
36provided in this act.
37     Section 3.  The charter for the Gainesville-Alachua County
38Regional Airport Authority is re-created and reenacted to read:
39     Section 1.  Short title.--This act may be cited as the
40"Gainesville-Alachua County Regional Airport Authority Act."
41     Section 2.  Definitions.--As used in this act, unless the
42context otherwise requires, the term:
43     (1)  "Airport" means any area of land or water as described
44by City of Gainesville ordinance that is designed for the
45landing and taking off of aircraft, whether or not facilities
46are provided for the shelter, servicing, or repair of aircraft
47or for receiving and discharging passengers or cargo, and all
48appurtenant areas used or suitable for airport buildings or
49other airport facilities, which may change from time to time by
50ordinance amendment.
51     (2)  "Airport facilities" means facilities used for the
52transportation of people and cargo as described by City of
53Gainesville ordinance, including, but not limited to, runways,
54taxiways, taxi lanes, aprons, hangars, shops, terminals,
55buildings, parking lots, roadways, and all other facilities
56necessary or desirable for the landing, taking off, operating,
57servicing, repairing, and parking of aircraft, and the unloading
58and handling of passengers, mail, and express and freight cargo,
59together with all necessary appurtenances and equipment and all
60property rights, easements, and franchises relating thereto.
61     (3)  "Authority" means the Gainesville-Alachua County
62Regional Airport Authority created herein.
63     (4)  "Board of county commissioners" means the Board of
64County Commissioners of the County of Alachua.
65     (5)  "Bond" includes bonds, debentures, notes, certificates
66of indebtedness, mortgage certificates, or other obligations or
67evidences of indebtedness of any type or character.
68     (6)  "City" means the City of Gainesville.
69     (7)  "City Commission" means the City Commission of the
70City of Gainesville.
71     (8)  "County" means the County of Alachua.
72     (9)  "Person" means any individual, firm, partnership,
73corporation, company, association, joint stock association, or
74body politic and includes any trustee, receiver, assignee, or
75other similar representative thereof.
76     (10)  "Revenue bonds" means obligations of the authority
77which are payable from revenues derived from sources other than
78ad valorem taxes on real or tangible personal property and which
79do not pledge the property, credit, or general tax revenue of
80the authority or the city.
81     (11)  "Refunding bonds" means bonds issued to refinance
82outstanding bonds of any type and the interest and redemption
83premium thereon. Refunding bonds shall be issuable and payable
84in the same manner as the refinanced bonds, except that no
85approval by the electorate shall be required unless required by
86the State Constitution.
87     Section 3.  Creation; purpose.--
88     (1)  The Gainesville-Alachua County Regional Airport
89Authority is created, and the powers granted by this act are
90declared to be public and governmental functions, exercised for
91public purposes, and are matters of public necessity. Lands and
92other real and personal property, easements, and privileges
93acquired and used by the authority are declared to have been
94acquired for and used for public and governmental purposes and
95as a matter of public necessity. The authority is a public body
96corporate and is an independent special district.
97     (2)  The authority shall have jurisdiction over the
98operation and maintenance of, and improvements to, the airport
99and airport facilities. The authority has jurisdiction, control,
100supervision, and management over other airports in the county
101except any airport owned, controlled, and operated by a private
102person. Said jurisdiction, control, supervision, and management
103are in the best interest of the county and each municipality.
104     Section 4.  Membership of the authority.--
105     (1)  The powers of the authority shall be vested in its
106members in office from time to time. There shall be nine
107members. No member shall receive any compensation for services
108as a member. As a condition of eligibility for appointment and
109to hold office, each member shall reside within the city or the
110county. However, one member appointed by the Governor may reside
111in a county contiguous to Alachua County. No person shall serve
112as a member of the authority and, at the same time, hold any
113publicly elected office in the State of Florida.
114     (2)  Upon expiration of initial terms of office, subsequent
115appointments shall be made as follows:
116     (a)  The Governor shall replace by appointment any of the
117three members appointed by him or her under chapter 95-457, Laws
118of Florida, on or prior to the date of expiration of the
119preceding term.
120     (b)  The board of county commissioners shall replace by
121appointment the member appointed by it under chapter 95-457,
122Laws of Florida, on or prior to the date of expiration of the
123preceding term.
124     (c)  The city commission shall replace by appointment any
125of the remaining five members on or prior to the expiration of
126the preceding term.
127     (3)  If, upon expiration of a member's term of office, the
128appointing entity fails to replace by appointment its member,
129and the member is willing to continue to serve, the member with
130the expired term shall continue to serve until a replacement
131appointment is made.
132     (4)  The term of any member initially appointed prior to
133the effective date of this act shall expire on July 31 of the
134year such member's term was scheduled to expire under chapter
13595-457, Laws of Florida. No member shall serve more than two
136successive terms.
137     (5)  All members appointed subsequent to the effective date
138of this act shall serve 3-year terms of office, beginning on
139August 1 and expiring on July 31 of the appropriate year.
140     (6)  Except as may be otherwise provided herein, vacancies
141in office shall be filled for the balance of the term by the
142appropriate appointing entity, in the same manner as set forth
143in subsection (2). A vacant position shall remain vacant until a
144successor has been appointed by the appropriate appointing
145entity.
146     (7)  A member may be removed by the entity appointing such
147member upon grounds constituting misfeasance, neglect of duty,
148incompetence, or permanent inability to perform official duties.
149Upon conviction of a felony, a member shall be automatically
150removed. The unexcused failure to attend three consecutive
151regular meetings of the authority shall be deemed neglect of
152duty, without limiting the meaning of the term "neglect of
153duty."
154     Section 5.  Organization; meetings; notice; quorum.--A
155chair, vice chair, and secretary-treasurer shall be chosen by
156and from the authority membership. The chair, vice chair, and
157secretary-treasurer shall each serve a term of office of 1 year,
158and no member shall hold the same office for more than two
159consecutive terms.
160     (1)  The authority shall meet at the call of the chair, at
161the request of three or more of its members, and at such other
162times as may be prescribed by rule of the authority.
163     (2)  The authority shall give notice of all meetings at
164least 48 hours prior thereto, which shall be published in a
165newspaper in general circulation in Alachua County, and shall
166include agenda items whenever such items involve leasing of any
167airport property. All meetings of the authority shall be so
168noticed except emergency meetings, which shall only be called
169when there is an immediate danger to the public health, safety,
170or welfare, do not require at least 48 hours' prior public
171notice, and reasonable notice under the circumstances shall be
172provided in such cases.
173     (3)  The presence of five members is required to constitute
174a quorum, and the affirmative vote of a majority of the members
175present and eligible to vote, but no fewer than four of the
176members present and eligible to vote, is required for any action
177or recommendation by the authority.
178     Section 6.  Restrictions.--
179     (1)  No person who has transacted business with the
180authority shall be eligible for appointment to the authority
181until 3 years after the last transaction. No person who has
182served on the authority shall be eligible to transact business
183with the authority until 3 years after the person's last date of
184service. Said transactions include transactions either for
185oneself or as an employee of, agent for, or consultant to any
186other person or legal entity. However, nothing in this paragraph
187shall be construed as prohibiting an appointed member from
188purchasing supplies or services from any fixed-base operators or
189tenants at the airport or Airport Industrial Park, or for
190renting individual aircraft hangars or tie-downs offered to the
191general public and owned by the authority, provided that the
192price and terms of the transaction are available to all members
193of the public.
194     (2)  No member, officer, agent, or employee of the
195authority, either for himself or herself or as agent for anyone
196else, or as a stockholder or owner in any other legal entity,
197shall participate in or benefit directly or indirectly from any
198sale, purchase, lease, franchise, contract, or other transaction
199entered into by the authority or the city. The provisions of
200this subsection shall be cumulative to any general laws of the
201state that may from time to time be applicable to members,
202officers, agents, or employees of the authority and that require
203the disclosure of, or prohibit, conflicts of interest.
204     (3)  No member, as an individual, may represent the
205authority, speak for the authority, or speak on behalf of the
206authority without being directed through a formal action of the
207authority to do so.
208     Section 7.  Powers and duties.--
209     (1)  The authority shall have jurisdiction over the
210operation and maintenance of all airport and airport facilities
211in the city or county, except any airport owned and operated by
212a private person.
213     (2)  The authority has the power to and may:
214     (a)  Approve, file with the chief executive officer (CEO),
215and pay any surety bond required of any member or of any
216employee of the authority.
217     (b)  Advertise for sealed bids when required by law;
218however, the authority may reject all bids and readvertise or
219select a single item from any bid as further provided in this
220act.
221     (c)  Adopt before October 1 an annual budget that has been
222prepared by the CEO and which must include an estimate of all
223revenues and anticipated expenditures for the following fiscal
224year.
225     (d)  Require in all bond documents that moneys derived from
226such bonds be paid to or upon order of the authority.
227     (e)  Have the authority's finances audited in the same
228manner as other independent special districts are audited.
229     (f)  Rely on the provisions of this act in exercising its
230powers.
231     (g)  Appoint or employ and constitute its own airport
232guards or police officers, or to contract with the city, county,
233or agency of the state to provide 1aw enforcement services and
234protection through its duly sworn officers, and all such
235officers shall have full power of arrest to prevent or abate the
236commission of an offense against the ordinances of the city or
237county, the laws of this state, or the laws of the United
238States, when any such offense or threatened offense occurs upon
239airport property on the airport.
240     (h)  Construct and maintain terminal buildings, causeways,
241roadways, bridges for approach to or connecting with the
242airport, on airport property.
243     (i)  Require the secretary-treasurer and other officers or
244employees of the authority to execute an adequate surety bond,
245conditioned upon the faithful performance of the duties of the
246office or employment and in a penal sum fixed by the authority.
247     (j)  Establish positions, duties, and a pay plan, and
248employ, pay, provide benefits for, promote, discipline, and
249terminate personnel and a CEO, in accordance with general law,
250who shall be responsible for the day-to-day administration,
251management, and operation of the airport in accordance with
252policy established by the authority and perform other duties as
253may be authorized by the authority.
254     (k)  By policy or resolution, authorize the CEO to perform
255any of the powers of the authority in whole or in part and with
256whatever other limitations it may find appropriate, provided
257that said authorization does not result in an invalid exercise
258of delegated legislative authority as defined in general law.
259     (l)  Employ or contract with technical and professional
260experts necessary to assist the authority in carrying out or
261exercising any powers granted by this act.
262     (m)  Reimburse for all travel expenses incurred while on
263business for the authority, upon requisition, any member, its
264attorneys, the CEO, and any employee of the authority traveling
265under the direction of the CEO or the CEO's designee in
266accordance with section 112.061, Florida Statutes.
267     (n)  Create, appoint, and prescribe the duties of any
268committee.
269     (o)  Sue and be sued.
270     (p)  Adopt, use, and alter a corporate seal.
271     (q)  Publish advertisements.
272     (r)  Waive advertisement when the authority determines an
273emergency exists and supplies and materials must be immediately
274acquired by the authority.
275     (s)  Negotiate and enter into contracts, agreements,
276exclusive or limited agreements, and cooperation agreements of
277any kind necessary for the authority to fulfill the purposes of
278this act.
279     (t)  Include contract specifications maximizing the
280employment of persons whose protected group has been
281underutilized in the past.
282     (u)  Provide for the manual execution of any instrument on
283behalf of the authority by the signature of the chair or vice
284chair, and attested to by the secretary or the assistant
285secretary, or, if delegated by the members to do so, the CEO or
286any other authority personnel to whom authority has been
287delegated, or by the signer's facsimile signature in accordance
288with the Uniform Facsimile Signature of Public Officials Act.
289     (v)  Purchase and sell equipment, supplies, and services
290required for its purposes.
291     (w)  Consent to the sale, lease, transfer, disposition of,
292or granting a lesser interest in the airport. To let or lease
293the airport and the airport facilities or any portion thereof
294and to grant concessions upon such terms and conditions as it
295shall deem proper.
296     (x)  Dispose of tangible personal property in accordance
297with chapter 274, Florida Statutes.
298     (y)  Advertise, promote, and encourage the use and
299expansion of facilities under its jurisdiction.
300     (z)  The airport shall have jurisdiction over the operation
301and maintenance of the airport and airport facilities. All
302development activity must be in accordance with the City of
303Gainesville's Comprehensive Plan and Land Development
304Regulations, except as set forth below in this paragraph, and
305with the Airport Master Zoning Plan to be adopted by the city
306commission and updated from time to time by the city commission.
307The airport may adopt its own development standards relating
308only to heights and design of buildings, landscaping, parking,
309sidewalks, lighting, and signage (excluding billboards and off-
310premises signs). If the authority formally adopts such
311development standards, they will apply in lieu of the comparable
312specific standards in the city's land development regulations.
313     (aa)  Acquire real property in fee simple or any lesser
314interest or easement by purchase, gift, devise, lease, or other
315means if the authority is able to agree with the owners of said
316property on the terms of such acquisition. To acquire real
317property in fee simple or any lesser interest or easement as it
318may deem necessary for the property managing and operation of
319the airport and airport facilities, by condemnation in the
320manner provided by the law under which municipalities are
321authorized to acquire property for public purposes, with full
322power to exercise the right of eminent domain for such purposes
323being hereby granted to said authority as specified in and
324including all the powers, rights, and privileges of chapters 73
325and 74, Florida Statutes, or any succeeding legislation. For the
326purposes of making surveys and examinations relative to any
327condemnation proceedings, it shall be lawful to enter upon any
328land, doing no unnecessary damage. The authority may take
329possession of any such property to be acquired at any time after
330the filing of the petition describing the same in condemnation
331proceedings, as provided in chapters 73 and 74, Florida
332Statutes. It shall not be precluded from abandoning the
333condemnation of any such property in any case where possession
334thereof has not been taken. To acquire or lease personal
335property in the name of the authority.
336     (bb)  Reimburse the owner of any structure for which the
337authority may require removal, relocation, or reconstruction
338located in, on, under, or across any private property, public
339street, highway, or other public or private places for the
340estimated or actual expense of the removal, relocation, or
341reconstruction.
342     (cc)  Supplement and coordinate in design and operation air
343navigation facilities with those established and operated by the
344federal and state governments.
345     (dd)  Request the county or any municipality to convey to
346the authority the fee simple title to any airport or other
347property owned by the county or any municipality and needed for
348airport purposes.
349     (ee)  Relinquish jurisdiction, control, supervision, and
350management over the airport or part of the airport which is
351under its jurisdiction but which is owned by a municipality,
352county, or other governmental agency, upon determining that any
353such airport or part of any such airport is no longer required
354for airport purposes, provided that the consent and approval of
355any municipality, county, or other governmental agency and any
356revenue bondholders are first obtained and necessary
357authorizations or approvals are received from federal agencies
358regulating airports.
359     (ff)  Expend revenues for the cost of investigating,
360surveying, planning, acquiring, establishing, constructing,
361enlarging, improving, equipping, and erecting airport facilities
362by appropriation of revenues or wholly or partly from the
363proceeds of bonds of the authority. The term "cost" includes
364awards in condemnation proceedings, rentals where an acquisition
365is by lease, and amounts paid to utility companies for
366relocation of their wires, poles, and other facilities.
367     (gg)  Incur expenses as provided in its annual budget and
368any amended budget.
369     (hh)  Assess against and collect from the owner or operator
370of each airplane using any airport facility a landing fee or
371service charge sufficient to cover the cost of the service
372furnished to airplanes using any such facility, which cost may
373include the liquidation of bonds or other indebtedness for
374construction and improvement.
375     (ii)  Accept federal, state, and any other public or
376private moneys, grants, contributions, or loans for the
377acquisition, construction, enlargement, improvement,
378maintenance, equipment, or operation of airport facilities, or
379any other lawful purpose.
380     (jj)  Fix, alter, charge, establish, and collect rates,
381fees, rentals, and other charges for the services of the
382authority at reasonable and uniform rates.
383     (kk)  Apply for, hold, and periodically transfer alcoholic
384beverage licenses as provided by this act.
385     (ll)  Adopt and amend rules, regulations, and policies
386reasonably necessary for the implementation of this act.
387     (mm)  By resolution, fix and enforce civil penalties for
388the violation of a rule, regulation, or policy adopted in
389accordance with this act relating to the operation of general
390aviation, air passenger service, or ground transportation
391service.
392     (nn)  Amend the budget after its adoption.
393     (oo)  Receive, deposit, secure, and pay out moneys as
394provided by this act.
395     (pp)  Designate a depository or depositories which are
396qualified as a public depository pursuant to section 280.04,
397Florida Statutes, and thereafter establish and open an account
398or accounts into which revenues collected are to be deposited
399and from which expenditures may be made.
400     (qq)  Establish and deposit into and expend moneys from a
401surplus fund by using funds that may remain unexpended at the
402end of the fiscal year and may be set aside in a separate fund
403to be known as the Capital Improvement Fund and accumulated and
404expended from year to year solely for the purpose of building
405and constructing permanent improvements, replacements,
406alterations, buildings, and other structures, including runways,
407taxi strips, and aprons.
408     (rr)  By resolution, borrow money and issue bonds in the
409manner and within the limitation, except as otherwise provided
410in this act, prescribed by general law for the issuance and
411authorization of bonds; however, any bonds issued by the
412authority shall have a maturity date not exceeding 40 years from
413the date of issuance, shall be self-liquidating or otherwise
414payable from revenues of the authority, shall be payable
415semiannually, and shall not be a lien against the general taxing
416powers of the county or any municipality.
417     (ss)  Enter into any agreements with any bank or trust
418company as security for its bonds, and assign and pledge any or
419all of its revenues. Such agreements may contain provisions
420customary in such instruments or as authorized by the authority.
421     (tt)  Secure the payment of bonds or any part thereof by
422pledging all or any part of its revenues and provide for the
423security of said bonds, without pledging any real property
424rights to the airport or airport facilities, and the rights and
425remedies of the bondholders.
426     (uu)  Pending the preparation of definitive bonds, issue
427certificates or temporary bonds to the purchaser of bonds.
428     (vv)  Transact the business of the authority and exercise
429all powers necessarily incidental to the exercise of the general
430and special powers granted in this act and under any other law.
431     (ww)  Do all acts and things necessary or convenient for
432the promotion of its business and the general welfare of the
433authority.
434     Section 8.  Budget.--The fiscal year for the authority
435shall be October 1 through September 30 of each year. For each
436fiscal year after the effective date of this act:
437     (1)  Prior to preparation of the annual budget as provided
438in subsection (2), the authority shall develop an annual
439proposed budget consisting of the elements described in
440subsection (2), which shall be presented for a public hearing
441before the citizens of Alachua County. This public hearing shall
442be noticed as a budget hearing.
443     (2)  Following the public hearing conducted pursuant to
444subsection (1), the authority shall prepare an annual budget,
445consisting of an operating revenue/operating expense account,
446capital outlay account, and capital project account for its
447operations in the ensuing fiscal year. At the time the authority
448prepares its annual budget, it shall adopt a resolution
449determining and finding the estimated amounts to be expended by
450the authority in the ensuing year in each account, exclusive of
451any bonds or other indebtedness of the authority, used to
452acquire, establish, construct, enlarge, operate, and maintain
453the airport and airport facilities and other facilities related
454thereto, or for any other corporate purpose of the authority.
455     (3)  The authority may, at any time within a fiscal year,
456adopt budget amendments.
457     (4)  All anticipated revenues to be derived from the
458operation of the airport and airport facilities shall be
459included in the budget, provided that any amounts of money,
460anticipated or actual, including funds in the authority's budget
461for the preceding fiscal year which remain unencumbered and
462unexpended from the revenue derived under the budget for the
463preceding fiscal year, may, by resolution of the authority, be
464set aside in a separate fund, to be known and described as a
465Renewal and Replacement Fund and accumulated in said fund from
466year to year for the purpose purchasing real and tangible
467personal property, and building and constructing permanent
468improvements, replacements, alterations, buildings, and other
469structures, including, but not limited to, runways, taxi strips,
470and aprons. Such funds may be disbursed from time to time out of
471the Renewal and Replacement Fund, upon proper resolution of the
472authority, solely for the payment of the cost of purchasing real
473and tangible personal property, and building and constructing
474permanent improvements, replacements, alterations, buildings,
475and other structures, including, but not limited to, runways,
476taxi strips, and aprons.
477     (5)  The authority shall adopt budget procedures to
478establish the direct and indirect costs of operating and
479maintaining the airport and airport facilities, as well as the
480direct income derived therefrom. However, the budget of the
481authority shall not include the maintenance and upkeep of
482navigational aids as performed and funded directly by the
483Federal Aviation Administration.
484     (6)  The city, the county, and the county's other political
485subdivisions may, by loan or grant, fund budget deficits of the
486authority, and all may guarantee bonds issued by the authority.
487     Section 9.  Relationship between the authority and the city
488and county.--The authority shall have the power and
489responsibility to operate the airport and airport facilities in
490a manner consistent with applicable federal, state, county, and
491city law. The city has no power to operate or maintain the
492airport and airport facilities. Applicable codes of the city
493shall apply to the airport except to the extent that different
494state or federal requirements are expressly applicable, and
495except to the extent that the authority or the airport has been
496made exempt from any requirement of the city by state or federal
497law. All construction upon the airport shall be subject to
498inspection by the city on behalf of the state and the city
499inspectors may ensure compliance with applicable state
500regulation for such construction in addition to applicable city
501regulations.
502     Section 10.  Title to airport land.--The city may convey
503title to the land comprising the airport to the authority for no
504monetary consideration. Nothing in this act shall be construed
505to impair the obligations of any original agreements with the
506Federal Government.
507     Section 11.  Bonds.--
508     (1)  The authority is empowered and authorized to issue
509revenue or refund bonds. The purpose of the bonds shall be to
510pay all or any part of the cost for acquisition and development
511of property by the authority for the design and construction or
512reconstruction of any authorized project, for equipment, or for
513refunding of bonds for the same purpose.
514     (2)  Bonds issued under this section shall be authorized by
515resolution of the authority. Such bonds may be issued in one or
516more series and shall bear such date or dates, be payable upon
517demand or mature at such time or times, be in such denomination
518or denominations, be in such form, registered or not, with or
519without coupon, carry such conversion or registration
520privileges, have such rank or priority, be executed in such
521manner, be payable in such medium of payment at such place or
522places, and be subject to such terms of redemption, with or
523without premium, be secured in such manner, and have such other
524characteristics as may be provided by such resolution or
525ordinance or trust indenture or mortgage issued pursuant
526thereto. Such bonds shall bear interest at such rate or rates
527allowed by section 215.84, Florida Statutes.
528     (3)  The authority shall determine the terms and manner of
529sale and distribution or other disposition of any and all bonds
530it may issue and shall have any and all powers necessary or
531convenient to such disposition.
532     (4)  The authority may establish and administer such
533sinking funds as it deems necessary or convenient for the
534payment, purchase, or redemption of any outstanding bonded
535indebtedness of the authority.
536     Section 12.  Covenant of the state.--The state does pledge
537to, and agree with, the Federal Government and any person, firm,
538or corporation subscribing to or acquiring the bonds to be
539issued by the authority for the construction, acquisition,
540extension, improvement, or enlargement of projects, or any part
541thereof, that the state will not limit or alter the rights
542hereby vested in the authority until all bonds at any time
543issued, together with the interest thereon, are fully paid and
544discharged or until provision is made therefor. The state does
545further pledge to, and agree with, the Federal Government that
546in the event that the Federal Government shall construct or
547contribute any funds for the construction, acquisition,
548extension, improvement, or enlargement of said projects, or any
549part thereof, the state will not alter or limit the rights and
550powers of the authority in any manner which would be
551inconsistent with the continued maintenance and operation of the
552projects, or any part thereof, or the improvement thereof, or
553which would be inconsistent with the due performance of any
554agreements between the authority and the Federal Government, and
555the authority shall continue to have and may exercise all powers
556herein granted, so long as the same may be necessary or
557desirable for the carrying out of the purposes of this act and
558the purposes of the Federal Government in the construction or
559acquisition or improvement or enlargement of said projects or
560any part thereof.
561     Section 13.  Alcoholic beverage license.--
562     (1)  Notwithstanding any other provision of law, upon
563application to the Division of Alcoholic Beverages and Tobacco
564of the Department of Business and Professional Regulation, the
565division shall issue a beverage license as provided under
566section 561.17, Florida Statutes, to the authority or other
567governmental agency operating the Gainesville Regional Airport.
568     (a)  Application shall be made with the division in the
569name of the authority or other governmental agency operating
570Gainesville Regional Airport and the license shall be issued in
571the name of the applicant.
572     (b)  The beverage license shall authorize the consumption
573of alcoholic beverages only on a licensed premises located
574within the Gainesville Regional Airport.
575     (c)  The applicant shall pay to the division the applicable
576license fee provided in section 565.02, Florida Statutes.
577     (2)  Any alcoholic beverage license issued in accordance
578with this section is the property of the authority or the
579governmental agency operating Gainesville Regional Airport,
580subject to transfer as provided by this section. Such license
581may be transferred from time to time to a lessee operating
582within the Gainesville Regional Airport that meets all
583applicable qualifications for licensure under the Beverage Law.
584     (a)  The authority or governmental agency operating the
585Gainesville Regional Airport and an authorized lessee shall make
586application to the division for the transfer of the license to a
587lessee, and the application shall be approved by the division if
588the lessee meets the applicable licensing requirements of the
589Beverage Law.
590     (b)  Upon termination of a lease, the lessee shall
591immediately notify the division to transfer the license back to
592the authority or the governmental agency operating the
593Gainesville Regional Airport. Upon failure of a lessee to notify
594the division, the authority or the governmental agency operating
595Gainesville Regional Airport shall immediately request the
596division in writing to transfer the license back to the
597authority or other governmental agency operating the Gainesville
598Regional Airport. Thereafter, the beverage license may be
599transferred to any lessee meeting qualification standards for
600licensure under the Beverage Law.
601     (c)  Upon termination of a lease for any reason or other
602disqualification, the license shall automatically revert by
603operation of law to the authority or governmental agency
604operating the Gainesville Regional Airport.
605     (3)  Each beverage license shall be for the term and
606subject to the same privileges or renewal as provided in
607sections 561.26 and 561.27, Florida Statutes. All provisions of
608the Beverage Law not inconsistent with this act shall apply to
609the license.
610     (4)  This section does not preclude other persons operating
611on property of the authority from acquiring an alcoholic
612beverage license for use on its premises pursuant to general
613law.
614     Section 14.  Purchasing and award of contracts.--Purchasing
615and award of contracts shall be consistent with the authority's
616purchasing policy and general law.
617     Section 15.  Discrimination prohibited.--
618     (1)  The authority and its lessees, including successors in
619interest, shall not because of race, color, sex, religion,
620national origin, age, or disability of any individual refuse to
621hire, employ, bar, or discharge from employment such individual
622or to otherwise discriminate against such individual with
623respect to compensation, hire, tenure, terms, conditions, or
624privileges of employment.
625     (2)  No person on the grounds of race, color, sex,
626religion, national origin, age, or disability shall be excluded
627from the participation in, denied the benefits of, or otherwise
628subjected to discrimination in the use of leased premises of the
629authority.
630     (3)  In furnishing services or materials, or in the
631construction of any improvements, no person shall be excluded
632from participation in, denied the benefits of, or otherwise
633subjected to discrimination with respect thereto.
634     (4)  This section does not supersede or preempt any state
635or local laws prohibiting discrimination. The authority and its
636officers, employees, and agents shall be subject to federal,
637state, and local laws prohibiting discrimination to the extent
638provided by such laws.
639     Section 16.  Litigation.--Nothing herein shall interfere
640with any legal action filed by or against the city or
641predecessor or predecessors of the authority. The authority may
642become a party in any such action as provided by law. Nothing
643herein shall impair the right of the city or the authority to
644initiate, pursue, or defend litigation.
645     Section 17.  Severability.--If any provision of this act or
646the application thereof to any person or circumstance is held
647invalid, the invalidity shall not affect other provisions or
648applications of the act which can be given effect without the
649invalid provisions or applications, and to this end the
650provisions of this act are declared severable.
651     Section 4.  Chapters 86-469, 89-433, and 95-457, Laws of
652Florida, are repealed.
653     Section 5.  This act does not supersede any state or
654federal laws or any state or federal grant assurances.
655     Section 6.  This act shall take effect upon becoming a law.


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