CS/HB 1345

1	A bill to be entitled
2	An act relating to the Charlotte County Airport Authority,
3	Charlotte County; amending chapter 98-508, Laws of
4	Florida, as amended; revising various provisions of the
5	Charlotte County Airport Authority Act; revising
6	definitions; expanding the purpose of the authority;
7	revising provisions relating to members, officers,
8	compensation, and meetings; revising powers of the
9	authority; revising requirements for the expenditure of
10	funds; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Sections 2 through 19 of section 2 of chapter
15	98-508, Law of Florida, as amended by chapter 2004-405, Laws of
16	Florida, are amended to read:
17	Section 2.  Definitions.-As used in this act, the following
18	words and terms shall have the following meanings, unless the
19	context shall indicate another or different meaning or intent:
20	(1)  "Authority" means the authority created by this act
21	or, if such authority shall be abolished, the board, body, or
22	commission succeeding to the principal functions thereof or to
23	whom the powers given by this act to the authority shall be
24	given by law.
25	(2)  "Area" means the territorial limits within which the
26	Charlotte County Airport Authority shall operate, the boundaries
27	of which shall be coextensive with Charlotte County.
28	(3)  "Project" means and includes the acquisition of lands
29	or any interest therein or improvements thereon, personal
30	property of any nature or description, intangible personal
31	property, or buildings, structures, or other improvements or
32	facilities or any portion thereof or any interest therein, for
33	the development, expansion, and promotion of the airports,
34	Charlotte County Airport, and commerce parks, facilities, or
35	real estate owned, operated, or managed by the Charlotte County
36	Airport Authority Park and the construction or acquisition of
37	buildings, plants, industrial parks, or areas and any and all
38	facilities relating to the development of industry, commerce,
39	recreation, agriculture, or the natural resources of the
40	Charlotte County Airport Authority for the purpose of selling,
41	leasing, or renting such buildings, parks, areas, or facilities
42	owned by the Charlotte County Airport Authority to public or
43	private corporations, persons, or firms.
44	(4)  "Cost of project" embraces the cost of construction,
45	the cost of all lands, properties, easements, rights, and
46	franchises acquired, the cost of machinery and equipment,
47	financing charges, interest prior to and during construction,
48	cost of engineering, architectural, and legal expense, and plans
49	and specifications and other expenses necessary or incident to
50	determining the feasibility or practicability of the project,
51	administrative expenses, and such other expenses as may be
52	necessary or incident to the financing herein authorized for the
53	construction of any project and placing the same in operation.
54	(5)  "Airport facilities" means airport facilities of all
55	kinds, including, but not limited to, landing fields; runways;
56	taxiways; hangars; shops; restaurants and catering facilities;
57	terminals; buildings; parking facilities and all other
58	facilities necessary or desirable for the landing, taking off,
59	operating, servicing, repairing, and parking of aircraft; fuel
60	farms; self-service fueling areas; facilities necessary for the
61	unloading and handling of passengers, mail, express, and
62	freight; and facilities for the accommodation, convenience, and
63	comfort of passengers and pilots, together with related
64	transportation facilities; and all necessary appurtenances,
65	machinery, and equipment, and all lands, properties, rights,
66	easements, and franchises relating thereto and considered
67	necessary or convenient by the authority in connection
68	therewith.
69	Section 3.  Authority, creation and purpose.-For the
70	purpose of performing such acts as shall be necessary for the
71	management, operation, maintenance, planning, and development of
72	the airports, commerce parks, facilities, or real estate owned,
73	operated, or managed by the Charlotte County Airport Authority,
74	there is hereby created and established, as an agency of
75	Charlotte County, a public body corporate to be known as the
76	"Charlotte County Airport Authority," hereinafter referred to as
77	"authority" and the exercise by the authority of any of the
78	powers conferred upon it by this act shall be deemed and held to
79	be an essential and proper function of the county. The Charlotte
80	County Airport Authority is an independent special district
81	pursuant to chapter 189, Florida Statutes.
82	Section 4.  Membership, appointment term of office.-The
83	authority shall be composed of five members, one from each
84	Charlotte County commission district elected as prescribed in
85	this section. At each general election, the members of the
86	authority shall be elected for a term of 4 years, and shall take
87	office immediately upon election. Election of members of the
88	authority shall be as prescribed by the general election laws of
89	Florida.
90	Section 5.  Vacancies.-Each member of the authority shall
91	hold office until his or her successor has been appointed and
92	has qualified. A vacancy occurring during a term of an appointed
93	or elected member shall be filled only for the balance of the
94	unexpired term, such appointments to be made by the Governor.
95	Section 6.  Chairperson, vice chairperson, Chair, vice-
96	chair, secretary-treasurer, and assistant secretary-treasurer.-
97	The authority shall elect from its membership a chairperson and
98	vice chairperson chair and vice chair to serve in the absence or
99	disqualification of the chairperson chair, both to hold office
100	at the will of the authority. The authority shall further elect
101	from its membership a secretary-treasurer for the authority and
102	assistant secretary-treasurer to serve in the absence or
103	disqualification of the secretary-treasurer.
104	Section 7.  Qualification of members.-Upon the effective
105	date of the appointment or election of each member of the
106	authority, or as soon thereafter as practicable, each member
107	shall enter upon his or her duties, but before doing so, such
108	member shall take an oath to faithfully perform the duties of
109	office and file the same with the Clerk of the Circuit Court,
110	and shall execute a public official bond in the penal sum of
111	$100,000 payable to the authority and conditioned upon the
112	faithful performance of the duties of his or her office, which
113	bond shall be approved by the Clerk of the Circuit Court. The
114	cost of the premium on all such bonds shall be paid by the
115	authority and shall be included in its cost of operation.
116	Section 8.  Compensation; travel expenses.-The maximum
117	amount of remuneration compensation which may be paid to a
118	member of the authority annually is $7,500. The members of the
119	authority by majority vote shall set their annual salary, which
120	may be no more than the maximum set forth above. In addition,
121	the authority shall set by resolution per diem for expenses
122	incurred by authority members and staff to be reimbursed
123	pursuant to section 166.021(10), Florida Statutes, or in
124	accordance with section 112.061(14), Florida Statutes.
125	Section 9.  Quorum; transaction of business.-A majority of
126	the membership shall constitute a quorum for all purposes, and
127	no vacancy in the authority shall impair the right of a quorum
128	of the authority to exercise all of the rights and perform all
129	of the duties of the authority. The authority may meet at such
130	times and places designated by it but shall hold regular
131	meetings as necessary and generally at least once each month
132	unless canceled by emergency, or majority vote, or by consensus
133	of the authority members. Emergency meetings may be called upon
134	the call of the chair or any three members of the authority.
135	Section 10.  Powers.-The authority shall have these
136	specific powers, in addition to other powers otherwise
137	conferred:
138	(1)  To sue and be sued, implead and be impleaded,
139	complain, and defend in all courts.
140	(2)  To adopt, use, and alter at will, a corporate seal.
141	(3)  To select and appoint agents and employees, including
142	engineers, architects, builders, and attorneys, and to fix their
143	compensation.
144	(4)  To borrow money, incur debt, and issue bonds, notes
145	(including bond anticipation notes), certificates, or any other
146	instruments of indebtedness for any lawful purpose that
147	promotes, enhances, or otherwise furthers the purposes of the
148	authority, including, but not limited to, financing the cost of
149	any project, capitalizing interest, funding any reserves,
150	refunding or refinancing any existing indebtedness, and paying
151	costs and expenses associated with such indebtedness. Any such
152	indebtedness may be secured by any revenue source or in any
153	manner as is allowable under applicable law. No general
154	obligation bonds may be issued by the authority unless the
155	Florida Constitution and all other applicable laws regarding the
156	issuance of general obligation bonds are satisfied, including,
157	but not limited to, approval by a majority of the electorate of
158	Charlotte County, which cast votes in a duly held bond
159	referendum. For purposes of this section, the term "bonds" shall
160	include all forms or instruments of indebtedness. The bonds may
161	be issued as serial bonds or as term bonds or both. The
162	authority may issue capital appreciation bonds or variable rate
163	bonds. Any bonds must be authorized by resolution of the
164	governing body of the authority and bear the date or dates;
165	mature at the time or times, not exceeding 40 years after their
166	respective dates; bear interest at the rate or rates; be payable
167	at the time or times; be in the denomination; be in the form;
168	carry the registration privileges; be executed in the manner; be
169	payable from the sources and in the medium or payment and at the
170	place; and be subject to the terms for redemption, including
171	redemption prior to maturity, as the resolution may provide. If
172	any officer whose signature, or a facsimile of whose signature,
173	appears on any bonds ceases to be an officer before the delivery
174	of the bonds, the signature or facsimile is valid and sufficient
175	for all purposes as if he or she had remained in office until
176	the delivery. The bonds may be sold at public or private sale,
177	competitively or negotiated, for such price as the governing
178	body of the authority shall determine. Pending preparation of
179	the definitive bonds, the authority may issue interim
180	certificates, which shall be exchanged for the definitive bonds.
181	The bonds may be secured by resolution, indenture of trust, or
182	trust agreement. In addition, the governing body of the
183	authority may delegate to an officer, official, or agent of the
184	authority, as the governing body of the authority may select,
185	the power to determine the time; manner of sale, public or
186	private, competitive or negotiated; maturities; rate of
187	interest, which may be fixed or may vary at the time and in
188	accordance with a specified formula or method of determination;
189	and other terms and conditions as may be deemed appropriate by
190	the officer, official, or agent so designated by the governing
191	body of the authority. However, the amount and maturity of the
192	bonds and the interest rate of the bonds must be within the
193	limits prescribed by the governing body of the authority and its
194	resolution delegating to an officer, official, or agent the
195	power to authorize the issuance and sale of the bonds. Bonds,
196	notes, or other obligations issued hereunder may be validated as
197	provided in chapter 75, Florida Statutes. The complaint in any
198	action to validate the bonds, notes, or other obligations must
199	be filed only in the Circuit Court for Charlotte County. Section
200	75.04(2), Florida Statutes, does not apply to a complaint for
201	validation brought by the authority. The bonds of the authority,
202	their transfer, and the income therefrom, including any profits
203	made on the sale thereof, are at all times free from taxation of
204	any kind by the state or by any political subdivision or other
205	agency or instrumentality thereof. The exemption granted in this
206	subsection is not applicable to any tax imposed by chapter 220,
207	Florida Statutes, on interest, income, or profits on debt
208	obligations owned.
209	(5)  To construct, acquire, establish, improve, extend,
210	enlarge, reconstruct, reequip, maintain, repair, and operate any
211	project as herein defined.
212	(6)  To acquire for any project authorized by this act by
213	grant, purchase, gift, devise, condemnation by eminent domain
214	proceedings, exchange or in any other manner, all property, real
215	or personal, or any estate or interest therein, upon such terms
216	and conditions as the authority shall by resolution fix and
217	determine. The right of eminent domain herein conferred shall be
218	exercised by the authority in the manner provided by law.
219	(7)  To enter into joint arrangements with other
220	transportation lines, or any common carrier, if the authority
221	shall deem it advantageous to do so.
222	(8)  To make and enter into all contracts and agreements
223	and to do and perform all acts and deeds necessary and
224	incidental to the performance of its duties and the exercise of
225	its powers; to make and execute leases or agreements for the use
226	and occupation of the property and projects under its control on
227	such terms, conditions, and period of time as the authority may
228	determine, and to sell and dispose of such property and projects
229	as shall no longer be needed for the uses and purposes of the
230	authority on such terms and conditions as shall be prescribed by
231	resolution of the authority.
232	(9)  To the extent permitted by law, to fix, regulate, and
233	collect rates and charges for the services and facilities
234	furnished by any project under its control, to establish, limit,
235	and control the use of any project as may be deemed necessary to
236	ensure the proper operation of the project; to impose sanctions
237	to promote and enforce compliance with any rule or regulation
238	which the authority may adopt in the regulation of the projects
239	under its control.
240	(10)  To fix the rates of warehousing, storage, and
241	terminal charges for the use of the airport facilities of any
242	airports, commerce parks, facilities, or real estate under
243	authority control the Charlotte County Airport.
244	(11)  To fix the rates and collect those rents on the land
245	and buildings owned by the authority in accordance with Federal
246	Aviation Administration regulations of the Federal Aviation
247	Administration.
248	(12)  To solicit all business and do all things necessary
249	or advisable to promote commerce and increase activity of any
250	airports, commerce parks, facilities, or real estate under
251	authority control at the Charlotte County Airport.
252	(13)  To receive and accept from any federal or state
253	agency, grants for, or in aid of, the construction, improvement,
254	or operation of any project and to receive and accept
255	contributions from any source of either money, property, labor,
256	or other things of value.
257	(14)  To make any and all applications required by the
258	treasury department and other departments or agencies of the
259	United States government as a condition precedent to the
260	establishment within the county of a free port, foreign trade
261	zone, or area for the reception from foreign countries of
262	articles of commerce and to expedite and encourage foreign
263	commerce, and the handling, processing, and delivery thereof
264	into foreign commerce free from the payment of custom duties and
265	to enter into any agreements required by such departments or
266	agencies in connection therewith and to make like applications
267	and agreements with respect to the establishment within said
268	county of one or more bonded warehouses.
269	(15)  To enter into any contract with the State of Florida,
270	the government of the United States, or any agency of said
271	governments which may be necessary in order to produce
272	assistance, appropriations, and aid for the construction,
273	enlargement, or improvement of any airports, commerce parks,
274	facilities, or real estate under authority control the Charlotte
275	County Airport.
276	(16)  To make or cause to be made such surveys,
277	investigations, studies, borings, maps, plans, drawings, and
278	estimates of cost and revenues as it may deem necessary and may
279	prepare and adopt a comprehensive plan or plans, for the
280	location, construction, improvement, and development of any
281	project.
282	(17)  To grant nonexclusive franchise to persons, firms, or
283	corporations for the operation of aeronautical and
284	nonaeronautical leases and other concessions in, on, and in
285	connection with, any project owned and operated by the
286	authority. In granting such franchise, it shall be the duty of
287	the authority to investigate and consider the qualifications and
288	ability of the lessee or concessionaires to provide or perform
289	the contemplated services for the public using the facilities
290	and the revenues which will be derived therefrom by the
291	authority and to exercise sound prudent business judgment on
292	behalf of the authority with respect thereto, calling for bids
293	when practicable and when the interests of the public will best
294	be served by such action.
295	(18)  To enter into contracts with utility companies or
296	others for the supplying by said utility companies or others of
297	water, sewer, electricity, and/or telephone service to or in
298	connection with any project or to own, lease, construct, and
299	maintain any or all utilities, including the supplying of gas,
300	water, electricity, sewer, telephone, or other services
301	reasonably related to such utilities.
302	(19)  To pledge by resolution or contract the revenues
303	arising from the operation of any project or projects owned and
304	operated by the authority to the payment of the cost of
305	operation, maintenance, repair, improvement, extension, and/or
306	enlargement of the project or projects from the operation of
307	which such revenues are received and for the payment of
308	principal and interest on bonds issued in connection with any
309	such project or projects constructed or acquired by the
310	authority under the provisions of this act. In any such case the
311	authority may adopt separate budgets for the operation of such
312	project or projects. In every such case such revenues shall be
313	expended exclusively for the payment of the costs of operation,
314	maintenance, repair, improvement, extension, and enlargement of
315	the project or projects from the operation of which such
316	revenues arise, for the performance of the authority's contracts
317	in connection with such project or projects, and for the payment
318	of principal and interest requirements of any bond issued in
319	connection with the project or projects. Any surplus of such
320	funds remaining on hand at the end of any year shall be carried
321	forward and may be expended in the succeeding year for the
322	payment of the costs of operation of such project or projects or
323	for the repair, , and/or extension thereof as the authority may
324	determine, unless such surplus has been pledged for the payment
325	of principal and interest on bonds, as authorized hereunder, in
326	which event any such surplus shall be applied in accordance with
327	the resolution pledging same.
328	(20)  To provide for the manual execution of any instrument
329	on behalf of the authority by the signature of the chairperson
330	or vice chairperson of the authority and attested by the
331	secretary-treasurer or, in his or her absence, by the assistant
332	secretary-treasurer or, if delegated by the members to do so,
333	the executive director or any other authority personnel to whom
334	authority has been delegated, or by their facsimile signature in
335	accordance with the Uniform Facsimile Signature of Public
336	Officials Act.
337	(21)(20)  To do all other acts and things necessary or
338	proper in the exercise of the powers herein granted.
339	Section 11.  Power to levy taxes.-
340	(1)(a)  It shall be the duty of the Board of County
341	Commissioners of Charlotte County to levy an annual tax on all
342	taxable real and personal property in such county in an amount
343	to be fixed by said authority and certified to said board,
344	sufficient to meet the sinking fund requirement for the payment
345	of the interest and principal on any general obligation bonds
346	issued by the authority as the same shall become due, which
347	amount, however, shall not exceed .75 mill. This levy shall be
348	in addition to the annual levy hereinafter specified for
349	development and authority purposes.
350	(2)(b)  For the payment of the principal of the interest on
351	any general obligation bonds of the authority issued under the
352	provisions of this act, the Board of County Commissioners of
353	Charlotte County shall levy annually in the manner hereinafter
354	provided a tax upon all taxable real and personal property
355	within the county, subject to the limitations prescribed above,
356	sufficient to pay such principal and interest as the same
357	respectively become due and payable and the proceeds of all such
358	taxes shall when collected and received by the authority be paid
359	into a special fund and used for no other purpose than the
360	payment of such principal and interest; however, there may be
361	pledged to the payment of such principal and interest the
362	surplus of the revenues of the project or projects, after
363	payment of the costs of operation, maintenance, and repair
364	thereof.
365	(3)(c)  The levy, collection, and expenditure of such taxes
366	are hereby declared to be for a lawful county purpose.
367	(4)(d)  The tax collector of Charlotte County shall, as and
368	when collected, remit all moneys collected under the taxes
369	hereby authorized to the authority which shall deposit the same
370	in a bank or banks qualified as depositories of public funds to
371	be designated by such authority. Certified copies of tax
372	resolutions executed in the name of the authority by its
373	chairperson chair, and attested by its secretary, under its
374	corporate seal, shall immediately be delivered to the Board of
375	County Commissioners of Charlotte County.
376	(5)(e)  The property appraiser, tax collector, and Board of
377	County Commissioners of Charlotte County, shall, when requested
378	by the authority, prepare from their official records and
379	deliver to the authority any and all information that may be
380	requested at any time regarding the tax valuations, levies,
381	assessments, or collections in such county.
382	Section 12.  Bonds eligible for legal investment.-
383	Notwithstanding any provisions of any other law or laws to the
384	contrary, all revenue bonds, general obligation bonds, or any
385	combination of general obligation or revenue bonds, including
386	refunding bonds, issued pursuant to this act shall constitute
387	legal investments for savings banks, banks, unit companies,
388	executors, administrators, trustees, guardians, and other
389	fiduciaries, and for any board, body, agency, or instrumentality
390	of the state or of any county, municipality, or other political
391	subdivision of the state; and shall be eligible as security for
392	deposits of state, county, municipal, and other public funds.
393	Section 13.  Declaration of purpose.-The authority created
394	by this act and the purposes which it is intended to serve are
395	hereby found to be for a county and public purpose.
396	Section 14.  Transfer of city and county projects.-The
397	County of Charlotte or any municipality or any other person,
398	firm, or corporation, is empowered and authorized to sell,
399	lease, lend, grant, or convey to the authority, any real, or
400	personal property, or any interest therein, with or without
401	consideration, which might be used by the authority in the
402	discharge of any of the powers or privileges granted by law. The
403	County of Charlotte or any municipality therein or any other
404	person, firm, or corporation, is further authorized to transfer,
405	assign, and set over to the authority any contract or contracts,
406	leases, mortgages, or other agreements heretofore made or
407	executed by such county, city, or other person, with or without
408	consideration. The County of Charlotte and all incorporated
409	cities therein are expressly authorized to contract with the
410	authority for any purpose authorized by the provision of this
411	act.
412	Section 15.  Taxation of Airport Authority Property.-The
413	authority shall not be required to pay any taxes or assessments
414	of any kind or nature whatsoever upon property belonging to the
415	said authority.
416	Section 16.  Annual audit.-The books and records of the
417	authority shall be audited at least annually, at the expense of
418	the authority, by a certified public accountant. The authority
419	shall furnish a copy of the audit report to the Board of County
420	Commissioners annually, and such audit shall be in lieu of any
421	further audit required by any general or special law.
422	Section 17.  Expenditure of funds.-Moneys of the authority
423	shall be deemed to be trust funds to be held and applied solely
424	for the purposes authorized by law. The authority is authorized
425	to receive moneys in its name, and all moneys drawn from the
426	depository shall be upon checks, or wire transfers, electronic
427	transfers, ACH transfers, or other legal and customary means
428	issued by the authority, and the checks so drawn shall be signed
429	by the chairperson or vice chairperson chair or vice-chair of
430	the authority and attested by the secretary-treasurer or, in his
431	or her absence, by the assistant secretary-treasurer or, if
432	delegated by the members to do so, the executive director or any
433	other authority personnel to whom authority has been delegated,
434	or by their facsimile signature in accordance with the Uniform
435	Facsimile Signature of Public Officials Act, and the seal of the
436	authority shall be affixed or printed thereon.
437	Section 18.  Acquisition or disposal of property.-Contracts
438	may be let by the authority for the construction of any building
439	or other facility, or the acquisition of any real or personal
440	property, or the purchase of any goods, supplies, materials, or
441	services for authority purposes on such terms and subject to
442	such conditions as the authority shall determine to be in the
443	best interests of the authority. The authority is expressly
444	authorized to sell and convey any property, real or personal,
445	belonging to the authority, whenever the authority shall
446	determine that it is in the best interests of the authority to
447	do so in accordance with FAA requirements and guidelines. The
448	authority shall, by resolution, fix and determine rules and
449	regulations relating to advertisement for bids, manner of
450	bidding, and a maximum amount below which same would not be
451	required. The authority may cooperate with the state, county, or
452	any other governmental agency for the purchase of such goods,
453	supplies, or materials on such terms and subject to such
454	conditions as the authority shall determine to be in the best
455	interests of the authority.
456	Section 19.  Termination of authority.-If for any reason,
457	the authority shall terminate, be terminated, or cease operation
458	or existence for any cause or reason, then, upon such
459	termination or cessation, title to all property, real, personal
460	or mixed, tangible or intangible of whatever kind, and
461	wheresoever located, shall immediately vest in the county, which
462	by and through the board, is hereby authorized to exercise any
463	and all powers herein granted to the authority for the purposes
464	herein expressed.
465	Section 2.  This act shall take effect upon becoming a law.

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