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35Florida, are amended, codified, reenacted, and repealed as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 interlocal agreement between the City of Gainesville and the
45authority, that is designed for the landing and taking off of
46aircraft, whether or not facilities are provided for the
47shelter, servicing, or repair of aircraft or for receiving and
48discharging passengers or cargo, and all appurtenant areas used
49or suitable for airport buildings or other airport facilities,
50which may change from time to time by amendment to the
51interlocal agreement between the City of Gainesville and the
52authority.
53     (2)  "Airport facilities" means facilities used for the
54transportation of people and cargo as described by the
55interlocal agreement between the City of Gainesville the and
56authority, including, but not limited to, runways, taxiways,
57taxi lanes, aprons, hangars, shops, terminals, buildings,
58parking lots, roadways, and all other facilities necessary or
59desirable for the landing, taking off, operating, servicing,
60repairing, and parking of aircraft, and the unloading and
61handling of passengers, mail, and express and freight cargo,
62together with all necessary appurtenances and equipment and all
63property rights, easements, and franchises relating thereto.
64     (3)  "Authority" means the Gainesville-Alachua County
65Regional Airport Authority created herein.
66     (4)  "Board of county commissioners" means the Board of
67County Commissioners of the County of Alachua.
68     (5)  "Bond" includes bonds, debentures, notes, certificates
69of indebtedness, mortgage certificates, or other obligations or
70evidences of indebtedness of any type or character.
71     (6)  "City" means the City of Gainesville.
72     (7)  "City Commission" means the City Commission of the
73City of Gainesville.
74     (8)  "County" means the County of Alachua.
75     (9)  "Person" means any individual, firm, partnership,
76corporation, company, association, joint stock association, or
77body politic and includes any trustee, receiver, assignee, or
78other similar representative thereof.
79     (10)  "Revenue bonds" means obligations of the authority
80which are payable from revenues derived from sources other than
81ad valorem taxes on real or tangible personal property and which
82do not pledge the property, credit, or general tax revenue of
83the authority or the city.
84     (11)  "Refunding bonds" means bonds issued to refinance
85outstanding bonds of any type and the interest and redemption
86premium thereon. Refunding bonds shall be issuable and payable
87in the same manner as the refinanced bonds, except that no
88approval by the electorate shall be required unless required by
89the State Constitution.
90     Section 3.  Creation; purpose.--
91     (1)  The Gainesville-Alachua County Regional Airport
92Authority is created, and the powers granted by this act are
93declared to be public and governmental functions, exercised for
94public purposes, and are matters of public necessity. Lands and
95other real and personal property, easements, and privileges
96acquired and used by the authority are declared to have been
97acquired for and used for public and governmental purposes and
98as a matter of public necessity. The authority is a public body
99corporate and is an independent special district.
100     (2)  The authority shall have jurisdiction over the
101operation and maintenance of, and improvements to, the airport
102and airport facilities. The authority has jurisdiction, control,
103supervision, and management over other airports in the county
104except any airport owned, controlled, and operated by a private
105person. Said jurisdiction, control, supervision, and management
106are in the best interest of the county and each municipality.
107     Section 4.  Membership of the authority.--
108     (1)  The powers of the authority shall be vested in its
109members in office from time to time. There shall be nine
110members. No member shall receive any compensation for services
111as a member. As a condition of eligibility for appointment and
112to hold office, each member shall reside within the city or the
113county. However, one member appointed by the Governor may reside
114in a county contiguous to Alachua County. No person shall serve
115as a member of the authority and, at the same time, hold any
116publicly elected office in the State of Florida.
117     (2)  Upon expiration of initial terms of office, subsequent
118appointments shall be made as follows:
119     (a)  The Governor shall replace by appointment any of the
120three members appointed by him or her under chapter 95-457, Laws
121of Florida, on or prior to the date of expiration of the
122preceding term.
123     (b)  The board of county commissioners shall replace by
124appointment the member appointed by it under chapter 95-457,
125Laws of Florida, on or prior to the date of expiration of the
126preceding term.
127     (c)  The city commission shall replace by appointment any
128of the remaining five members on or prior to the expiration of
129the preceding term.
130     (3)  If, upon expiration of a member's term of office, the
131appointing entity fails to replace by appointment its member,
132and the member is willing to continue to serve, the member with
133the expired term shall continue to serve until a replacement
134appointment is made.
135     (4)  The term of any member initially appointed prior to
136the effective date of this act shall expire on July 31 of the
137year such member's term was scheduled to expire under chapter
13895-457, Laws of Florida. No member shall serve more than two
139successive terms.
140     (5)  All members appointed subsequent to the effective date
141of this act shall serve 3-year terms of office, beginning on
142August 1 and expiring on July 31 of the appropriate year.
143     (6)  Except as may be otherwise provided herein, vacancies
144in office shall be filled for the balance of the term by the
145appropriate appointing entity, in the same manner as set forth
146in subsection (2). A vacant position shall remain vacant until a
147successor has been appointed by the appropriate appointing
148entity.
149     (7)  A member may be removed by the entity appointing such
150member upon grounds constituting misfeasance, neglect of duty,
151incompetence, or permanent inability to perform official duties.
152Upon conviction of a felony, a member shall be automatically
153removed. The unexcused failure to attend three consecutive
154regular meetings of the authority shall be deemed neglect of
155duty, without limiting the meaning of the term "neglect of
156duty."
157     Section 5.  Organization; meetings; notice; quorum.--A
158chair, vice chair, and secretary-treasurer shall be chosen by
159and from the authority membership. The chair, vice chair, and
160secretary-treasurer shall each serve a term of office of 1 year,
161and no member shall hold the same office for more than two
162consecutive terms.
163     (1)  The authority shall meet at the call of the chair, at
164the request of three or more of its members, and at such other
165times as may be prescribed by rule of the authority.
166     (2)  The authority shall give notice of all meetings at
167least 48 hours prior thereto, which shall be published in a
168newspaper in general circulation in Alachua County, and shall
169include agenda items whenever such items involve leasing of any
170airport property. All meetings of the authority shall be so
171noticed except emergency meetings, which shall only be called
172when there is an immediate danger to the public health, safety,
173or welfare, do not require at least 48 hours' prior public
174notice, and reasonable notice under the circumstances shall be
175provided in such cases.
176     (3)  The presence of five members is required to constitute
177a quorum, and the affirmative vote of a majority of the members
178present and eligible to vote, but no fewer than four of the
179members present and eligible to vote, is required for any action
180or recommendation by the authority.
181     Section 6.  Restrictions.--
182     (1)  No person who has transacted business with the
183authority shall be eligible for appointment to the authority
184until 3 years after the last transaction. No person who has
185served on the authority shall be eligible to transact business
186with the authority until 3 years after the person's last date of
187service. Said transactions include transactions either for
188oneself or as an employee of, agent for, or consultant to any
189other person or legal entity. However, nothing in this paragraph
190shall be construed as prohibiting an appointed member from
191purchasing supplies or services from any fixed-base operators or
192tenants at the airport or Airport Industrial Park, or for
193renting individual aircraft hangars or tie-downs offered to the
194general public and owned by the authority, provided that the
195price and terms of the transaction are available to all members
196of the public.
197     (2)  No member, officer, agent, or employee of the
198authority, either for himself or herself or as agent for anyone
199else, or as a stockholder or owner in any other legal entity,
200shall participate in or benefit directly or indirectly from any
201sale, purchase, lease, franchise, contract, or other transaction
202entered into by the authority or the city. The provisions of
203this subsection shall be cumulative to any general laws of the
204state that may from time to time be applicable to members,
205officers, agents, or employees of the authority and that require
206the disclosure of, or prohibit, conflicts of interest.
207     (3)  No member, as an individual, may represent the
208authority, speak for the authority, or speak on behalf of the
209authority without being directed through a formal action of the
210authority to do so.
211     Section 7.  Powers and duties.--
212     (1)  The authority shall have jurisdiction over the
213operation and maintenance of all airport and airport facilities
214in the city or county, except any airport owned and operated by
215a private person.
216     (2)  The authority has the power to and may:
217     (a)  Approve, file with the chief executive officer (CEO),
218and pay any surety bond required of any member or of any
219employee of the authority.
220     (b)  Advertise for sealed bids when required by law;
221however, the authority may reject all bids and readvertise or
222select a single item from any bid as further provided in this
223act.
224     (c)  Adopt before October 1 an annual budget that has been
225prepared by the CEO and which must include an estimate of all
226revenues and anticipated expenditures for the following fiscal
227year.
228     (d)  Require in all bond documents that moneys derived from
229such bonds be paid to or upon order of the authority.
230     (e)  Have the authority's finances audited in the same
231manner as other independent special districts are audited.
232     (f)  Rely on the provisions of this act in exercising its
233powers.
234     (g)  Appoint or employ and constitute its own airport
235guards or police officers, or to contract with the city, county,
236or agency of the state to provide 1aw enforcement services and
237protection through its duly sworn officers, and all such
238officers shall have full power of arrest to prevent or abate the
239commission of an offense against the ordinances of the city or
240county, the laws of this state, or the laws of the United
241States, when any such offense or threatened offense occurs upon
242the airport.
243     (h)  Construct and maintain terminal buildings, causeways,
244roadways, bridges for approach to or connecting with the
245airport, on airport property.
246     (i)  Require the secretary-treasurer and other officers or
247employees of the authority to execute an adequate surety bond,
248conditioned upon the faithful performance of the duties of the
249office or employment and in a penal sum fixed by the authority.
250     (j)  Establish positions, duties, and a pay plan, and
251employ, pay, provide benefits for, promote, discipline, and
252terminate personnel and a CEO, in accordance with general law,
253who shall be responsible for the day-to-day administration,
254management, and operation of the airport in accordance with
255policy established by the authority and perform other duties as
256may be authorized by the authority.
257     (k)  By policy or resolution, authorize the CEO to perform
258any of the powers of the authority in whole or in part and with
259whatever other limitations it may find appropriate, provided
260that said authorization does not result in an invalid exercise
261of delegated legislative authority as defined in general law.
262     (l)  Employ or contract with technical and professional
263experts necessary to assist the authority in carrying out or
264exercising any powers granted by this act.
265     (m)  Reimburse for all travel expenses incurred while on
266business for the authority, upon requisition, any member, its
267attorneys, the CEO, and any employee of the authority traveling
268under the direction of the CEO or the CEO's designee in
269accordance with section 112.061, Florida Statutes.
270     (n)  Create, appoint, and prescribe the duties of any
271committee.
272     (o)  Sue and be sued.
273     (p)  Adopt, use, and alter a corporate seal.
274     (q)  Publish advertisements.
275     (r)  Waive advertisement when the authority determines an
276emergency exists and supplies and materials must be immediately
277acquired by the authority.
278     (s)  Negotiate and enter into contracts, agreements,
279exclusive or limited agreements, and cooperation agreements of
280any kind necessary for the authority to fulfill the purposes of
281this act.
282     (t)  Include contract specifications maximizing the
283employment of persons whose protected group has been
284underutilized in the past.
285     (u)  Provide for the manual execution of any instrument on
286behalf of the authority by the signature of the chair or vice
287chair, and attested to by the secretary or the assistant
288secretary, or, if delegated by the members to do so, the CEO or
289any other authority personnel to whom authority has been
290delegated, or by the signer's facsimile signature in accordance
291with the Uniform Facsimile Signature of Public Officials Act.
292     (v)  Purchase and sell equipment, supplies, and services
293required for its purposes.
294     (w)  Consent to the sale, lease, transfer, disposition of,
295or granting a lesser interest in the airport. To let or lease
296the airport and the airport facilities or any portion thereof
297and to grant concessions upon such terms and conditions as it
298shall deem proper.
299     (x)  Dispose of tangible personal property in accordance
300with chapter 274, Florida Statutes.
301     (y)  Advertise, promote, and encourage the use and
302expansion of facilities under its jurisdiction.
303     (z)  The airport shall have jurisdiction over the operation
304and maintenance of the airport and airport facilities. All
305development activity must be in accordance with the City of
306Gainesville's Comprehensive Plan and Land Development
307Regulations, except as set forth below in this paragraph, and
308with the Airport Master Zoning Plan to be adopted by the city
309commission and updated from time to time by the city commission.
310The airport may adopt its own development standards relating
311only to heights and design of buildings, landscaping, parking,
312sidewalks, lighting, and signage (excluding billboards and off-
313premises signs). If the authority formally adopts such
314development standards, they will apply in lieu of the comparable
315specific standards in the city's land development regulations.
316     (aa)  Acquire real property in fee simple or any lesser
317interest or easement by purchase, gift, devise, lease, or other
318means if the authority is able to agree with the owners of said
319property on the terms of such acquisition. To acquire real
320property in fee simple or any lesser interest or easement as it
321may deem necessary for the property managing and operation of
322the airport and airport facilities, by condemnation in the
323manner provided by the law under which municipalities are
324authorized to acquire property for public purposes, with full
325power to exercise the right of eminent domain for such purposes
326being hereby granted to said authority as specified in and
327including all the powers, rights, and privileges of chapters 73
328and 74, Florida Statutes, or any succeeding legislation. For the
329purposes of making surveys and examinations relative to any
330condemnation proceedings, it shall be lawful to enter upon any
331land, doing no unnecessary damage. The authority may take
332possession of any such property to be acquired at any time after
333the filing of the petition describing the same in condemnation
334proceedings, as provided in chapters 73 and 74, Florida
335Statutes. It shall not be precluded from abandoning the
336condemnation of any such property in any case where possession
337thereof has not been taken. To acquire or lease personal
338property in the name of the authority.
339     (bb)  Reimburse the owner of any structure for which the
340authority may require removal, relocation, or reconstruction
341located in, on, under, or across any private property, public
342street, highway, or other public or private places for the
343estimated or actual expense of the removal, relocation, or
344reconstruction.
345     (cc)  Supplement and coordinate in design and operation air
346navigation facilities with those established and operated by the
347federal and state governments.
348     (dd)  Request the county or any municipality to convey to
349the authority the fee simple title to any airport or other
350property owned by the county or any municipality and needed for
351airport purposes.
352     (ee)  Relinquish jurisdiction, control, supervision, and
353management over the airport or part of the airport which is
354under its jurisdiction but which is owned by a municipality,
355county, or other governmental agency, upon determining that any
356such airport or part of any such airport is no longer required
357for airport purposes, provided that the consent and approval of
358any municipality, county, or other governmental agency and any
359revenue bondholders are first obtained and necessary
360authorizations or approvals are received from federal agencies
361regulating airports.
362     (ff)  Expend revenues for the cost of investigating,
363surveying, planning, acquiring, establishing, constructing,
364enlarging, improving, equipping, and erecting airport facilities
365by appropriation of revenues or wholly or partly from the
366proceeds of bonds of the authority. The term "cost" includes
367awards in condemnation proceedings, rentals where an acquisition
368is by lease, and amounts paid to utility companies for
369relocation of their wires, poles, and other facilities.
370     (gg)  Incur expenses as provided in its annual budget and
371any amended budget.
372     (hh)  Assess against and collect from the owner or operator
373of each airplane using any airport facility a landing fee or
374service charge sufficient to cover the cost of the service
375furnished to airplanes using any such facility, which cost may
376include the liquidation of bonds or other indebtedness for
377construction and improvement.
378     (ii)  Accept federal, state, and any other public or
379private moneys, grants, contributions, or loans for the
380acquisition, construction, enlargement, improvement,
381maintenance, equipment, or operation of airport facilities, or
382any other lawful purpose.
383     (jj)  Fix, alter, charge, establish, and collect rates,
384fees, rentals, and other charges for the services of the
385authority at reasonable and uniform rates.
386     (kk)  Apply for, hold, and periodically transfer alcoholic
387beverage licenses as provided by this act.
388     (ll)  Adopt and amend rules, regulations, and policies
389reasonably necessary for the implementation of this act.
390     (mm)  By resolution, fix and enforce civil penalties for
391the violation of a rule, regulation, or policy adopted in
392accordance with this act relating to the operation of general
393aviation, air passenger service, or ground transportation
394service.
395     (nn)  Amend the budget after its adoption.
396     (oo)  Receive, deposit, secure, and pay out moneys as
397provided by this act.
398     (pp)  Designate a depository or depositories which are
399qualified as a public depository pursuant to section 280.04,
400Florida Statutes, and thereafter establish and open an account
401or accounts into which revenues collected are to be deposited
402and from which expenditures may be made.
403     (qq)  Establish and deposit into and expend moneys from a
404surplus fund by using funds that may remain unexpended at the
405end of the fiscal year and may be set aside in a separate fund
406to be known as the Capital Improvement Fund and accumulated and
407expended from year to year solely for the purpose of building
408and constructing permanent improvements, replacements,
409alterations, buildings, and other structures, including runways,
410taxi strips, and aprons.
411     (rr)  By resolution, borrow money and issue bonds in the
412manner and within the limitation, except as otherwise provided
413in this act, prescribed by general law for the issuance and
414authorization of bonds; however, any bonds issued by the
415authority shall have a maturity date not exceeding 40 years from
416the date of issuance, shall be self-liquidating or otherwise
417payable from revenues of the authority, shall be payable
418semiannually, and shall not be a lien against the general taxing
419powers of the county or any municipality.
420     (ss)  Enter into any agreements with any bank or trust
421company as security for its bonds, and assign and pledge any or
422all of its revenues. Such agreements may contain provisions
423customary in such instruments or as authorized by the authority.
424     (tt)  Secure the payment of bonds or any part thereof by
425pledging all or any part of its revenues and provide for the
426security of said bonds, without pledging any real property
427rights to the airport or airport facilities, and the rights and
428remedies of the bondholders.
429     (uu)  Pending the preparation of definitive bonds, issue
430certificates or temporary bonds to the purchaser of bonds.
431     (vv)  Transact the business of the authority and exercise
432all powers necessarily incidental to the exercise of the general
433and special powers granted in this act and under any other law.
434     (ww)  Do all acts and things necessary or convenient for
435the promotion of its business and the general welfare of the
436authority.
437     Section 8.  Budget.--The fiscal year for the authority
438shall be October 1 through September 30 of each year. For each
439fiscal year after the effective date of this act:
440     (1)  Prior to preparation of the annual budget as provided
441in subsection (2), the authority shall develop an annual
442proposed budget consisting of the elements described in
443subsection (2), which shall be presented for a public hearing
444before the citizens of Alachua County. This public hearing shall
445be noticed as a budget hearing.
446     (2)  Following the public hearing conducted pursuant to
447subsection (1), the authority shall prepare an annual budget,
448consisting of an operating revenue/operating expense account,
449capital outlay account, and capital project account for its
450operations in the ensuing fiscal year. At the time the authority
451prepares its annual budget, it shall adopt a resolution
452determining and finding the estimated amounts to be expended by
453the authority in the ensuing year in each account, exclusive of
454any bonds or other indebtedness of the authority, used to
455acquire, establish, construct, enlarge, operate, and maintain
456the airport and airport facilities and other facilities related
457thereto, or for any other corporate purpose of the authority.
458     (3)  The authority may, at any time within a fiscal year,
459adopt budget amendments.
460     (4)  All anticipated revenues to be derived from the
461operation of the airport and airport facilities shall be
462included in the budget, provided that any amounts of money,
463anticipated or actual, including funds in the authority's budget
464for the preceding fiscal year which remain unencumbered and
465unexpended from the revenue derived under the budget for the
466preceding fiscal year, may, by resolution of the authority, be
467set aside in a separate fund, to be known and described as a
468Renewal and Replacement Fund and accumulated in said fund from
469year to year for the purpose purchasing real and tangible
470personal property, and building and constructing permanent
471improvements, replacements, alterations, buildings, and other
472structures, including, but not limited to, runways, taxi strips,
473and aprons. Such funds may be disbursed from time to time out of
474the Renewal and Replacement Fund, upon proper resolution of the
475authority, solely for the payment of the cost of purchasing real
476and tangible personal property, and building and constructing
477permanent improvements, replacements, alterations, buildings,
478and other structures, including, but not limited to, runways,
479taxi strips, and aprons.
480     (5)  The authority shall adopt budget procedures to
481establish the direct and indirect costs of operating and
482maintaining the airport and airport facilities, as well as the
483direct income derived therefrom. However, the budget of the
484authority shall not include the maintenance and upkeep of
485navigational aids as performed and funded directly by the
486Federal Aviation Administration.
487     (6)  The city, the county, and the county's other political
488subdivisions may, by loan or grant, fund budget deficits of the
489authority, and all may guarantee bonds issued by the authority.
490     Section 9.  Relationship between the authority and the city
491and county.--The authority shall have the power and
492responsibility to operate the airport and airport facilities in
493a manner consistent with applicable federal, state, county, and
494city law. The city has no power to operate or maintain the
495airport and airport facilities. Applicable codes of the city
496shall apply to the airport except to the extent that different
497state or federal requirements are expressly applicable, and
498except to the extent that the authority or the airport has been
499made exempt from any requirement of the city by state or federal
500law. All construction upon the airport shall be subject to
501inspection by the city on behalf of the state and the city
502inspectors may ensure compliance with applicable state
503regulation for such construction in addition to applicable city
504regulations.
505     Section 10.  Title to airport land.--The city may convey
506title to the land comprising the airport to the authority for no
507monetary consideration. Nothing in this act shall be construed
508to impair the obligations of any original agreements with the
509Federal Government.
510     Section 11.  Bonds.--
511     (1)  The authority is empowered and authorized to issue
512revenue or refund bonds. The purpose of the bonds shall be to
513pay all or any part of the cost for acquisition and development
514of property by the authority for the design and construction or
515reconstruction of any authorized project, for equipment, or for
516refunding of bonds for the same purpose.
517     (2)  Bonds issued under this section shall be authorized by
518resolution of the authority. Such bonds may be issued in one or
519more series and shall bear such date or dates, be payable upon
520demand or mature at such time or times, be in such denomination
521or denominations, be in such form, registered or not, with or
522without coupon, carry such conversion or registration
523privileges, have such rank or priority, be executed in such
524manner, be payable in such medium of payment at such place or
525places, and be subject to such terms of redemption, with or
526without premium, be secured in such manner, and have such other
527characteristics as may be provided by such resolution or
528ordinance or trust indenture or mortgage issued pursuant
529thereto. Such bonds shall bear interest at such rate or rates
530allowed by section 215.84, Florida Statutes.
531     (3)  The authority shall determine the terms and manner of
532sale and distribution or other disposition of any and all bonds
533it may issue and shall have any and all powers necessary or
534convenient to such disposition.
535     (4)  The authority may establish and administer such
536sinking funds as it deems necessary or convenient for the
537payment, purchase, or redemption of any outstanding bonded
538indebtedness of the authority.
539     Section 12.  Covenant of the state.--The state does pledge
540to, and agree with, the Federal Government and any person, firm,
541or corporation subscribing to or acquiring the bonds to be
542issued by the authority for the construction, acquisition,
543extension, improvement, or enlargement of projects, or any part
544thereof, that the state will not limit or alter the rights
545hereby vested in the authority until all bonds at any time
546issued, together with the interest thereon, are fully paid and
547discharged or until provision is made therefor. The state does
548further pledge to, and agree with, the Federal Government that
549in the event that the Federal Government shall construct or
550contribute any funds for the construction, acquisition,
551extension, improvement, or enlargement of said projects, or any
552part thereof, the state will not alter or limit the rights and
553powers of the authority in any manner which would be
554inconsistent with the continued maintenance and operation of the
555projects, or any part thereof, or the improvement thereof, or
556which would be inconsistent with the due performance of any
557agreements between the authority and the Federal Government, and
558the authority shall continue to have and may exercise all powers
559herein granted, so long as the same may be necessary or
560desirable for the carrying out of the purposes of this act and
561the purposes of the Federal Government in the construction or
562acquisition or improvement or enlargement of said projects or
563any part thereof.
564     Section 13.  Alcoholic beverage license.--
565     (1)  Notwithstanding any other provision of law, upon
566application to the Division of Alcoholic Beverages and Tobacco
567of the Department of Business and Professional Regulation, the
568division shall issue a beverage license as provided under
569section 561.17, Florida Statutes, to the authority or other
570governmental agency operating the Gainesville Regional Airport.
571     (a)  Application shall be made with the division in the
572name of the authority or other governmental agency operating
573Gainesville Regional Airport and the license shall be issued in
574the name of the applicant.
575     (b)  The beverage license shall authorize the consumption
576of alcoholic beverages only on a licensed premises located
577within the Gainesville Regional Airport.
578     (c)  The applicant shall pay to the division the applicable
579license fee provided in section 565.02, Florida Statutes.
580     (2)  Any alcoholic beverage license issued in accordance
581with this section is the property of the authority or the
582governmental agency operating Gainesville Regional Airport,
583subject to transfer as provided by this section. Such license
584may be transferred from time to time to a lessee operating
585within the Gainesville Regional Airport that meets all
586applicable qualifications for licensure under the Beverage Law.
587     (a)  The authority or governmental agency operating the
588Gainesville Regional Airport and an authorized lessee shall make
589application to the division for the transfer of the license to a
590lessee, and the application shall be approved by the division if
591the lessee meets the applicable licensing requirements of the
592Beverage Law.
593     (b)  Upon termination of a lease, the lessee shall
594immediately notify the division to transfer the license back to
595the authority or the governmental agency operating the
596Gainesville Regional Airport. Upon failure of a lessee to notify
597the division, the authority or the governmental agency operating
598Gainesville Regional Airport shall immediately request the
599division in writing to transfer the license back to the
600authority or other governmental agency operating the Gainesville
601Regional Airport. Thereafter, the beverage license may be
602transferred to any lessee meeting qualification standards for
603licensure under the Beverage Law.
604     (c)  Upon termination of a lease for any reason or other
605disqualification, the license shall automatically revert by
606operation of law to the authority or governmental agency
607operating the Gainesville Regional Airport.
608     (3)  Each beverage license shall be for the term and
609subject to the same privileges or renewal as provided in
610sections 561.26 and 561.27, Florida Statutes. All provisions of
611the Beverage Law not inconsistent with this act shall apply to
612the license.
613     (4)  This section does not preclude other persons operating
614on property of the authority from acquiring an alcoholic
615beverage license for use on its premises pursuant to general
616law.
617     Section 14.  Purchasing and award of contracts.--Purchasing
618and award of contracts shall be consistent with the authority's
619purchasing policy and general law.
620     Section 15.  Discrimination prohibited.--
621     (1)  The authority and its lessees, including successors in
622interest, shall not because of race, color, sex, religion,
623national origin, age, or disability of any individual refuse to
624hire, employ, bar, or discharge from employment such individual
625or to otherwise discriminate against such individual with
626respect to compensation, hire, tenure, terms, conditions, or
627privileges of employment.
628     (2)  No person on the grounds of race, color, sex,
629religion, national origin, age, or disability shall be excluded
630from the participation in, denied the benefits of, or otherwise
631subjected to discrimination in the use of leased premises of the
632authority.
633     (3)  In furnishing services or materials, or in the
634construction of any improvements, no person shall be excluded
635from participation in, denied the benefits of, or otherwise
636subjected to discrimination with respect thereto.
637     (4)  This section does not supersede or preempt any state
638or local laws prohibiting discrimination. The authority and its
639officers, employees, and agents shall be subject to federal,
640state, and local laws prohibiting discrimination to the extent
641provided by such laws.
642     Section 16.  Litigation.--Nothing herein shall interfere
643with any legal action filed by or against the city or
644predecessor or predecessors of the authority. The authority may
645become a party in any such action as provided by law. Nothing
646herein shall impair the right of the city or the authority to
647initiate, pursue, or defend litigation.
648     Section 17.  Severability.--If any provision of this act or
649the application thereof to any person or circumstance is held
650invalid, the invalidity shall not affect other provisions or
651applications of the act which can be given effect without the
652invalid provisions or applications, and to this end the
653provisions of this act are declared severable.
654     Section 4.  Chapters 86-469, 89-433, and 95-457, Laws of
655Florida, are repealed.
656     Section 5.  This act does not supersede any state or
657federal laws or any state or federal grant assurances.
658     Section 6.  This act shall take effect upon becoming a law.


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