| 1 | A bill to be entitled |
| 2 | An act relating to the Hillsborough County Aviation |
| 3 | Authority; codifying, reenacting, and amending the |
| 4 | Authority's special acts; providing that the act is a |
| 5 | reviser; deleting provisions which have expired, have |
| 6 | had their effect, have served their purpose, or have |
| 7 | been impliedly repealed or superseded; replacing |
| 8 | incorrect cross references and citations; correcting |
| 9 | grammatical, typographical, and like errors; removing |
| 10 | inconsistencies and redundancies; improving clarity |
| 11 | and facilitating correct interpretation; clarifying |
| 12 | definitions; providing that independent special |
| 13 | districts operate to serve a public purpose; |
| 14 | incorporating specific references to existing |
| 15 | practices; clarifying procedure for election of |
| 16 | members; clarifying that advertisement provisions |
| 17 | pertain to sealed bids and other competitive selection |
| 18 | processes when and as required; clarifying employment |
| 19 | responsibilities; clarifying procedures for manual |
| 20 | execution of instruments on behalf of the Authority; |
| 21 | providing that the Authority can dispose of personal |
| 22 | property, derelict or abandoned aircraft, and derelict |
| 23 | or abandoned vehicles in accordance with existing |
| 24 | statutory law; deleting the requirement that the |
| 25 | Authority may not hold alcoholic beverage licenses |
| 26 | exceeding a certain number; clarifying the |
| 27 | requirements for award of contracts and clarifying |
| 28 | when such requirements do not apply; providing for |
| 29 | recodification; repealing chapters 2003-370 and 2007- |
| 30 | 292, Laws of Florida, relating to the Authority; |
| 31 | providing a savings clause; providing an effective |
| 32 | date. |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. Pursuant to s. 189.429, Florida Statutes, this |
| 37 | act constitutes the codification of all special acts relating to |
| 38 | the Hillsborough County Aviation Authority. It is the intent of |
| 39 | the Legislature in enacting this law to provide a single, |
| 40 | comprehensive special act charter for the Authority, including |
| 41 | all current legislative authority granted to the Authority by |
| 42 | its several legislative enactments and any additional authority |
| 43 | granted by this act. |
| 44 | Section 2. Chapters 2003-370 and 2007-292, Laws of |
| 45 | Florida, relating to the Hillsborough County Aviation Authority, |
| 46 | are codified, reenacted, amended, and repealed as provided in |
| 47 | this act. |
| 48 | Section 3. The charter for the Hillsborough County |
| 49 | Aviation Authority is re-created and reenacted to read: |
| 50 | Section 1. Short title.-This act may be cited as the |
| 51 | "Hillsborough County Aviation Authority Act." |
| 52 | Section 2. General provisions.- |
| 53 | (1) It is the intent of the Legislature that this act |
| 54 | supersede chapters 2003-370 and 2007-292, Laws of Florida, |
| 55 | relating to the Hillsborough County Aviation Authority, and is a |
| 56 | codification, a compilation of previously existing legislation |
| 57 | relating to the Authority. |
| 58 | (2) The codification is also to act as a reviser's bill, |
| 59 | deleting provisions which have expired, have had their effect, |
| 60 | have served their purpose, or have been impliedly repealed or |
| 61 | superseded; replacing incorrect cross references and citations, |
| 62 | correcting grammatical, typographical, and like errors; removing |
| 63 | inconsistencies and redundancies; and improving clarity and |
| 64 | facilitating correct interpretation. It is the intent of the |
| 65 | Legislature to define frequently used terms and to reflect |
| 66 | standard business practices required for an independent special |
| 67 | district to conduct its business which have not been previously |
| 68 | enumerated. |
| 69 | (3) The Authority shall comply with federal law regarding |
| 70 | expenditure of federal moneys. |
| 71 | (4) This act shall not be construed as impairing or |
| 72 | infringing upon any rights, privileges, or benefits enjoyed by |
| 73 | any employee of the Authority who is so employed on the |
| 74 | effective date of this act. |
| 75 | (5) The members and employees of the Authority shall |
| 76 | comply with part III of chapter 112, Florida Statutes, as may be |
| 77 | amended from time to time. |
| 78 | (6) This act provides an additional, alternative, and |
| 79 | complete method for the exercise of the powers granted and |
| 80 | authorized by this act and shall be regarded as supplemental to |
| 81 | powers conferred by other laws and shall not be regarded as a |
| 82 | derogation of any powers now existing. |
| 83 | (7) The Legislature declares that independent special |
| 84 | districts operate to serve a public purpose and are a legitimate |
| 85 | method available for use by the public sector to manage, own, |
| 86 | operate, construct, and finance basic capital infrastructure, |
| 87 | facilities, and services. |
| 88 | (8) Regarding the airport facilities and concessions, the |
| 89 | Legislature finds and declares: |
| 90 | (a) The proper operation of the publicly owned or operated |
| 91 | airports in the County is essential to the welfare of the people |
| 92 | of the Tampa Bay area, the state, and its people. |
| 93 | (b) The publicly owned or operated airports in the County |
| 94 | establish a vital transportation link between the state and the |
| 95 | economic systems of the nation and the world and enable the |
| 96 | state to enjoy and provide the benefits of an international |
| 97 | tourist and commercial center. |
| 98 | (c) The economic validity and stability of the publicly |
| 99 | owned or operated airports in the County is a matter of |
| 100 | statewide importance. |
| 101 | (d) The policy of this state is to promote the development |
| 102 | of commerce and tourism to secure to the people of this state |
| 103 | the benefits of those activities conducted in the state. |
| 104 | (e) The proper operation of the publicly owned or operated |
| 105 | airports in the County is essential to the welfare of the state |
| 106 | and its people, and the Legislature recognizes and affirms such |
| 107 | operation as a governmental function to be discharged in |
| 108 | furtherance of the policy of securing the benefits of commerce |
| 109 | and tourism for the state and its people. |
| 110 | (9) The Authority shall manage airport facilities and |
| 111 | grant airport concessions to further the development of commerce |
| 112 | and tourism in or affecting the Tampa Bay area and the state. In |
| 113 | managing its facilities and granting concessions for services to |
| 114 | the public, the Authority shall promote the development of |
| 115 | commerce and tourism by: |
| 116 | (a) Securing a diversity of airport services. |
| 117 | (b) Avoiding wasteful duplication of such services. |
| 118 | (c) Securing to the users of airports safe, courteous, and |
| 119 | quality service. |
| 120 | (d) Limiting or prohibiting business competition which is |
| 121 | destructive to the ends of promoting commerce and tourism in the |
| 122 | state. |
| 123 | (e) Allocating limited airport resources to promote such |
| 124 | ends. |
| 125 | (f) Fostering Florida's image as a commercial and tourist |
| 126 | center. |
| 127 | Section 3. Definitions.-As used in this act, unless |
| 128 | otherwise specifically defined or unless another intention |
| 129 | clearly appears: |
| 130 | (1) "Advertisement" means a notice published at least once |
| 131 | a week for 2 consecutive weeks in at least two newspapers of |
| 132 | general circulation in the County, as defined in general law, as |
| 133 | may be amended from time to time. |
| 134 | (2) "Air navigation" means the operation or navigation of |
| 135 | aircraft in the air space over the County or upon any airport or |
| 136 | restricted landing area within the County. |
| 137 | (3) "Air navigation facility" means any facility used in, |
| 138 | available for use in, or designed for use in aid of air |
| 139 | navigation, including airports, restricted landing areas, and |
| 140 | any structures, mechanisms, lights, beacons, marks, |
| 141 | communicating systems, or other instrumentalities or devices |
| 142 | used or useful as an aid or constituting an advantage or |
| 143 | convenience to the safe taking off, navigation, and landing of |
| 144 | aircraft or the safe and efficient operation or maintenance of |
| 145 | an airport or restricted landing area, and any combination of |
| 146 | any or all of such facilities. |
| 147 | (4) "Airport" means any area of land or water which is |
| 148 | designed for the landing and taking off of aircraft, whether or |
| 149 | not facilities are provided for the shelter, servicing, or |
| 150 | repair of aircraft or for receiving, servicing, and discharging |
| 151 | passengers or cargo, all appurtenant areas used or suitable for |
| 152 | airport buildings or other airport facilities, and all |
| 153 | appurtenant rights-of-way. |
| 154 | (5) "Airports and other aviation facilities and facilities |
| 155 | related thereto and any portion thereof" means and includes |
| 156 | airports, buildings, structures, terminal buildings, parking |
| 157 | garages and lots, space, hangars, lands, warehouses, shops, |
| 158 | hotels, other aviation facilities of any kind or nature, or any |
| 159 | other facilities of any kind or nature related to or connected |
| 160 | with said airports and other aviation facilities which the |
| 161 | Authority is authorized by law to construct, acquire, own, |
| 162 | lease, or operate, together with all fixtures, equipment, and |
| 163 | property, real or personal, tangible or intangible, necessary, |
| 164 | appurtenant, or incidental thereto. |
| 165 | (6) "Airport purposes" means and includes airport, |
| 166 | restricted landing area, and other air navigation facility |
| 167 | purposes. |
| 168 | (7) "Authority" means the Hillsborough County Aviation |
| 169 | Authority. |
| 170 | (8) "Authority facility" means an airport, airports and |
| 171 | other aviation facilities and facilities related thereto and any |
| 172 | portion thereof, air navigation facilities, and special purpose |
| 173 | facilities and any portion thereof. |
| 174 | (9) "Board" means the Board of County Commissioners of |
| 175 | Hillsborough County. |
| 176 | (10) "Bond" means notes, bonds, certificates, refunding |
| 177 | bonds, and other obligations. |
| 178 | (11) "Clerk" means Clerk of the Court of Hillsborough |
| 179 | County. |
| 180 | (12) "County" means the County of Hillsborough. |
| 181 | (13) "Division" means the Florida Department of Business |
| 182 | and Professional Regulation, Division of Alcoholic Beverages and |
| 183 | Tobacco or any successor agency. |
| 184 | (14) "Federal" or "Federal Government" means the United |
| 185 | States government, the President of the United States, and any |
| 186 | department, corporation, commission, agency, or other |
| 187 | instrumentality thereof. |
| 188 | (15) "Governor" means the Governor of the State of |
| 189 | Florida. |
| 190 | (16) "Instrument" means a formal or legal document in |
| 191 | writing, such as a contract, deed, bond, lease, or mortgage. |
| 192 | (17) "Members" means the governing body of the Authority, |
| 193 | and the term "member" means one of the individuals constituting |
| 194 | such governing body. |
| 195 | (18) "Municipality" means a municipality created pursuant |
| 196 | to general or special law authorized or recognized pursuant to |
| 197 | s. 2 or s. 6, Art. VIII of the State Constitution and located in |
| 198 | the County. |
| 199 | (19) "Officer of the Authority" means a member who has |
| 200 | been elected by the other members to serve as the Chairperson, |
| 201 | Vice Chairperson, Secretary, Treasurer, or Assistant Secretary |
| 202 | and Treasurer. |
| 203 | (20) "Person" means any individual, firm, partnership, |
| 204 | corporation, company, association, joint stock association, or |
| 205 | body politic and includes any trustee, receiver, assignee, or |
| 206 | other similar representative thereof. |
| 207 | (21) "Policy" means a general principle adopted by the |
| 208 | members and by which the Authority conducts its internal |
| 209 | governance. |
| 210 | (22) "Regulation" means the same as "rule" as defined by |
| 211 | this act and may be used interchangeably with the word "rule." |
| 212 | (23) "Resolution" means a formal, written expression of an |
| 213 | action adopted by the members. |
| 214 | (24) "Revenues" means rates, fees, grants, receipts, |
| 215 | charges, and other moneys acquired through all sources by the |
| 216 | Authority and interest income thereon. |
| 217 | (25) "Rule" means each statement of general applicability |
| 218 | adopted by the members that implements, interprets, or |
| 219 | prescribes law or policy or describes the procedure or practice |
| 220 | requirements of the Authority and includes any form which |
| 221 | imposes any requirement or solicits any information not |
| 222 | specifically required by statute or by an existing rule and may |
| 223 | be used interchangeably with the word "regulation." |
| 224 | (26) "Special purpose facilities and any portion thereof" |
| 225 | means facilities related to or to be used in connection with the |
| 226 | airports and other aviation facilities of the Authority and |
| 227 | located on lands at or adjacent to the airports and other |
| 228 | aviation facilities under the control, management, and |
| 229 | jurisdiction of the Authority and includes all property, |
| 230 | structures, rights, easements, and franchises relating thereto |
| 231 | and deemed necessary or convenient therefor. |
| 232 | (27) "Standard procedure" means the method and manner |
| 233 | established or approved by the Chief Executive Officer or a |
| 234 | designee of the Chief Executive Officer that implements policy |
| 235 | for the day-to-day management of the Authority's operations. |
| 236 | (28) "State government" means the government of the State |
| 237 | of Florida, the Governor, and any department, commission, |
| 238 | corporation, agency, or other instrumentality thereof. |
| 239 | (29) "Surplus fund" means an unrestricted fund established |
| 240 | by the Authority into which certain revenues of the Authority |
| 241 | may be deposited on a monthly or more frequent basis after |
| 242 | payment, or provision for payment, of all current expenses |
| 243 | pursuant to its then-applicable budget and after all deposits |
| 244 | have been made as required under its indentures, trust |
| 245 | agreements, and other contracts. |
| 246 | (30) "TIA" means Tampa International Airport. |
| 247 | Section 4. Creation; purpose.- |
| 248 | (1) The Hillsborough County Aviation Authority is created, |
| 249 | and the powers granted by this act are declared to be public and |
| 250 | governmental functions, exercised for public purposes, and are |
| 251 | matters of public necessity. Lands and other real and personal |
| 252 | property, easements, and privileges acquired and used by the |
| 253 | Authority are declared to have been acquired for and used for |
| 254 | public and governmental purposes and as a matter of public |
| 255 | necessity. The Authority is a public body corporate and is an |
| 256 | independent special district. |
| 257 | (2) The Authority has exclusive jurisdiction, control, |
| 258 | supervision, and management over all airports in the County and |
| 259 | each municipality, except any airport owned, controlled, and |
| 260 | operated by a private person. Said jurisdiction, control, |
| 261 | supervision, and management are in the best interest of the |
| 262 | County and each municipality. |
| 263 | Section 5. Membership.- |
| 264 | (1) The Authority shall consist of five members: one |
| 265 | member who is the Mayor of the City of Tampa, ex officio; one |
| 266 | member who is a member of and selected by the Board, ex officio; |
| 267 | and three members who are appointed by the Governor. No member |
| 268 | shall receive any compensation for services as a member. Each |
| 269 | member appointed by the Governor shall be appointed for a term |
| 270 | of 4 years. The Board shall appoint one of its members annually |
| 271 | at the time of its organizational session who shall serve until |
| 272 | its next annual appointment, provided that he or she continues |
| 273 | to serve as a county commissioner during that time. Each member |
| 274 | shall qualify by taking an oath to faithfully perform the duties |
| 275 | of the office, and the oath shall be filed with the Clerk. To be |
| 276 | eligible for appointment as a member of the Authority by the |
| 277 | Governor, the person appointed must be a resident and citizen of |
| 278 | the County and may not be employed by or be an elected official |
| 279 | of the County or municipality. Each member may continue to serve |
| 280 | until a successor has been commissioned. |
| 281 | (2) A majority of the members constitutes a quorum. |
| 282 | (3) The Governor has the power to remove any member for |
| 283 | good cause. Within 15 days after any vacancy occurs a successor |
| 284 | shall be appointed in the same manner as that member for which a |
| 285 | vacancy has occurred and shall serve for the unexpired term of |
| 286 | his or her predecessor. |
| 287 | Section 6. Powers.- |
| 288 | (1) The Authority has the power to and shall: |
| 289 | (a) Elect officers as follows: one member as Chairperson, |
| 290 | one member as Vice Chairperson, one member as Secretary, one |
| 291 | member as Treasurer, and one member as Assistant Secretary and |
| 292 | Assistant Treasurer, each of whom shall hold office until new |
| 293 | elections are held after any gubernatorial appointee has been |
| 294 | commissioned. In the event of a vacancy prior to a gubernatorial |
| 295 | appointment, the Authority will hold an election for that |
| 296 | vacancy. |
| 297 | (b) Approve, file with the Clerk, and pay any surety bond |
| 298 | required of any member and any employee of the Authority. |
| 299 | (c) Exclusively control, supervise, and manage all |
| 300 | airports in the County and each municipality, except any airport |
| 301 | owned, controlled, or operated by a private person. |
| 302 | (d) Advertise for sealed bids and other competitive |
| 303 | selection processes when and as required by law; provided, |
| 304 | however, the Authority may reject all bids, proposals, or |
| 305 | responses and readvertise or select a single item from any bid, |
| 306 | proposal, or response as further provided in this act. |
| 307 | (e) Adopt before October 1 an annual budget which has been |
| 308 | prepared by the Chief Executive Officer and which must include |
| 309 | an estimate of all revenues and anticipated expenditures for the |
| 310 | following fiscal year. |
| 311 | (f) Require in all bond documents that moneys derived from |
| 312 | such bonds be paid to or upon order of the Authority. |
| 313 | (g) Have the Authority's finances audited in the same |
| 314 | manner as other independent special districts are audited. |
| 315 | (2) The Authority has the power to and may: |
| 316 | (a) Rely on the provisions of this act, without reference |
| 317 | to other laws, in exercising its powers. |
| 318 | (b) Establish and maintain such airports in, over, and |
| 319 | upon any public waters of this state within the limits of |
| 320 | jurisdiction of, or bordering on any municipality, any submerged |
| 321 | land under such public waters, and any artificial or reclaimed |
| 322 | land which, before the artificial making or reclamation thereof, |
| 323 | constituted a portion of the submerged land under such public |
| 324 | waters. |
| 325 | (c) Construct and maintain terminal buildings, landing |
| 326 | floats, causeways, roadways, bridges for approach to or |
| 327 | connecting with the airport, and land floats and breakwaters for |
| 328 | the protection of any such airport. |
| 329 | (d) Require the Treasurer and other officers or employees |
| 330 | of the Authority to execute an adequate surety bond, conditioned |
| 331 | upon the faithful performance of the duties of the office or |
| 332 | employment and in a penal sum fixed by the Authority. |
| 333 | (e) Employ, pay, and provide benefits, which may include a |
| 334 | bonus scheme, for personnel, including law enforcement officers |
| 335 | with full police powers and a Chief Executive Officer, formerly |
| 336 | known as the Executive Director, who shall establish positions, |
| 337 | duties, and a pay plan, which may include a bonus scheme, for |
| 338 | and promote, discipline, and terminate personnel; be responsible |
| 339 | for the day-to-day administration, management, and operation of |
| 340 | the Authority in accordance with policy established by the |
| 341 | members; and perform other duties as may be authorized by the |
| 342 | members. |
| 343 | (f) By policy or resolution, authorize the Chief Executive |
| 344 | Officer to perform any of the powers of the Authority in whole |
| 345 | or in part and with whatever other limitations it may find |
| 346 | appropriate, provided that said authorization does not result in |
| 347 | an invalid exercise of delegated legislative authority as |
| 348 | defined in general law. |
| 349 | (g) Employ or contract with technical and professional |
| 350 | experts necessary to assist the Authority in carrying out or |
| 351 | exercising any powers granted by this act. |
| 352 | (h) Reimburse for all travel expenses incurred while on |
| 353 | business for the Authority, upon requisition, any member, its |
| 354 | attorneys, the Chief Executive Officer, and any employee of the |
| 355 | Authority traveling under the direction of the Chief Executive |
| 356 | Officer or the Chief Executive Officer's designee in accordance |
| 357 | with the Authority's policies. |
| 358 | (i) Create, appoint, and prescribe the duties of any |
| 359 | committee. |
| 360 | (j) Sue and be sued. |
| 361 | (k) Adopt, use, and alter a corporate seal. |
| 362 | (l) Publish advertisements. |
| 363 | (m) Waive advertisement when the Chief Executive Officer |
| 364 | determines an emergency exists and purchases must be immediately |
| 365 | made by the Authority. |
| 366 | (n) Negotiate and enter into contracts, agreements, |
| 367 | exclusive or limited agreements, and cooperation agreements of |
| 368 | any kind necessary for the Authority to fulfill the purposes of |
| 369 | this act. |
| 370 | (o) Include contract specifications maximizing the |
| 371 | employment of persons whose protected group has been |
| 372 | underutilized in the past. |
| 373 | (p) Enter into exclusive or limited agreements with a |
| 374 | single operator or a limited number of operators. The Authority |
| 375 | shall grant exclusive or limited agreements to displace business |
| 376 | competition by rule or policy whenever the Authority determines, |
| 377 | in consideration of the factors set forth below, that any such |
| 378 | agreement is necessary to further the purposes of this act. |
| 379 | Before entering into any exclusive or limited agreement, the |
| 380 | Authority shall, under authority expressly delegated by the |
| 381 | state, determine the necessity for such an exclusive or limited |
| 382 | agreement to further the policies and objectives stated in this |
| 383 | act, which include public safety, public convenience, quality of |
| 384 | service, the need to conserve airport space, the need to avoid |
| 385 | duplication of services, the impact on the environment or |
| 386 | facilities of the airport as an essential commercial and tourist |
| 387 | service center, and the need to avoid destructive competition |
| 388 | which may impair the quality of airport services to the public, |
| 389 | lead to uncertainty, disruption, or instability in the rendering |
| 390 | of such services, or detract from the Tampa Bay area and the |
| 391 | state's attractiveness as a center of tourism and commerce. In |
| 392 | making its determination, the Authority shall take evidence or |
| 393 | make findings of fact and establish such policies it deems |
| 394 | necessary. Nothing in this paragraph shall excuse the Authority |
| 395 | from complying with applicable state or local requirements for |
| 396 | competitive bidding or public hearings which may be required |
| 397 | prior to awarding or entering into any contract or other |
| 398 | agreement. |
| 399 | (q) Provide for the manual execution of any instrument on |
| 400 | behalf of the Authority by the signature of the Chairperson or |
| 401 | Vice Chairperson, and attested to by the Secretary or the |
| 402 | Assistant Secretary or, if delegated by the members to do so, |
| 403 | the Chief Executive Officer or any other Authority personnel to |
| 404 | whom the Chief Executive Officer has delegated authority, or by |
| 405 | their facsimile signature in accordance with the Uniform |
| 406 | Facsimile Signature of Public Officials Act. |
| 407 | (r) Purchase and sell equipment, supplies, and services |
| 408 | required for its purposes. |
| 409 | (s) Sell, lease, transfer, dispose of, or grant a lesser |
| 410 | interest in any of its properties. |
| 411 | (t) Dispose of tangible personal property in accordance |
| 412 | with chapter 274, Florida Statutes, as may be amended from time |
| 413 | to time. |
| 414 | (u) Dispose of personal property, derelict or abandoned |
| 415 | aircraft, and derelict or abandoned motor vehicles found on |
| 416 | airport premises in accordance with chapter 705, Florida |
| 417 | Statutes, as may be amended from time to time. |
| 418 | (v) Grant concessions. |
| 419 | (w) Advertise, promote, and encourage the use and |
| 420 | expansion of facilities under its jurisdiction. |
| 421 | (x) Enact airport zoning regulations in accordance with |
| 422 | chapter 333, Florida Statutes, as may be amended from time to |
| 423 | time, to ensure the safe operation of airports under its |
| 424 | jurisdiction; however, any such airport zoning regulations may |
| 425 | not affect the zoning use regulations imposed by the County or |
| 426 | any municipality. |
| 427 | (y) Issue a written permit, before the County or any |
| 428 | municipality issues a building permit and upon request of the |
| 429 | affected local government in accordance with the provisions of |
| 430 | this act, that any construction proposed on land affected by |
| 431 | airport zoning regulations conforms to airport zoning |
| 432 | regulations. |
| 433 | (z) Acquire, own, construct, install, maintain, and |
| 434 | operate lands and Authority facilities by purchase, gift, |
| 435 | devise, lease, or any other means, including by eminent domain |
| 436 | in accordance with chapters 73 and 74, Florida Statutes, as may |
| 437 | be amended from time to time. For the purposes of making surveys |
| 438 | and examinations relative to any condemnation proceedings, the |
| 439 | Authority may lawfully enter upon any land, doing no unnecessary |
| 440 | damage. The Authority may take possession of property to be |
| 441 | acquired by condemnation at any time after the filing of the |
| 442 | petition describing the same in condemnation proceedings as |
| 443 | provided in general law. The Authority is not precluded from |
| 444 | abandoning the condemnation of any such property in any case |
| 445 | where possession has not been taken. |
| 446 | (aa) Reimburse the owner of any structure for which the |
| 447 | Authority may require removal, relocation, or reconstruction |
| 448 | located in, on, under, or across any private property, public |
| 449 | street, highway, or other public or private places for the |
| 450 | estimated or actual expense of the removal, relocation, or |
| 451 | reconstruction. |
| 452 | (bb) Supplement and coordinate in design and operation air |
| 453 | navigation facilities with those established and operated by the |
| 454 | federal and state governments. |
| 455 | (cc) Request the County or any municipality to convey to |
| 456 | the Authority the fee simple title to any airport or other |
| 457 | property owned by the County or any municipality and needed for |
| 458 | airport purposes. |
| 459 | (dd) Relinquish jurisdiction, control, supervision, and |
| 460 | management over any airport or part of any airport which is |
| 461 | under its jurisdiction but which is owned by a municipality, |
| 462 | county, or other governmental agency, upon determining that any |
| 463 | such airport or part of any such airport is no longer required |
| 464 | for airport purposes; provided, however, that the consent and |
| 465 | approval of any revenue bondholders is first obtained and |
| 466 | necessary authorizations or approvals are received from federal |
| 467 | agencies regulating airports. |
| 468 | (ee) Expend revenues for the cost of investigating, |
| 469 | surveying, planning, acquiring, establishing, constructing, |
| 470 | enlarging, improving, equipping, and erecting Authority |
| 471 | facilities by appropriation of revenues or wholly or partly from |
| 472 | the proceeds of bonds of the Authority. The term "cost" includes |
| 473 | awards in condemnation proceedings, rentals where an acquisition |
| 474 | is by lease, and amounts paid to utility companies for |
| 475 | relocation of their wires, poles, and other facilities. |
| 476 | (ff) Incur expenses as provided in its annual budget and |
| 477 | any amended budget. |
| 478 | (gg) Assess against and collect from the owner or operator |
| 479 | of each airplane using any Authority facility a landing fee or |
| 480 | service charge sufficient to cover the cost of the service |
| 481 | furnished to airplanes using any such facility, which cost may |
| 482 | include the liquidation of bonds or other indebtedness for |
| 483 | construction and improvement. |
| 484 | (hh) Accept federal, state, and any other public or |
| 485 | private moneys, grants, contributions, or loans for the |
| 486 | acquisition, construction, enlargement, improvement, |
| 487 | maintenance, equipment, or operation of Authority facilities, or |
| 488 | any other lawful purpose. |
| 489 | (ii) Fix, alter, charge, establish, and collect rates, |
| 490 | fees, rentals, and other charges, such as, but not limited to, |
| 491 | customer facility charges, for the services of Authority |
| 492 | facilities at reasonable and uniform rates. |
| 493 | (jj) Adopt a resolution as may be required to levy an ad |
| 494 | valorem tax and submit it to the Board. |
| 495 | (kk) Apply for, hold, and periodically transfer alcoholic |
| 496 | beverage licenses as provided by this act. |
| 497 | (ll) Adopt and amend rules, regulations, and policies |
| 498 | reasonably necessary for the implementation of this act. |
| 499 | (mm) By resolution, fix and enforce penalties for the |
| 500 | violation of this act or a rule, regulation, or policy adopted |
| 501 | in accordance with this act. |
| 502 | (nn) Amend the budget after its adoption. |
| 503 | (oo) Receive, deposit, secure, and pay out moneys as |
| 504 | provided by this act. |
| 505 | (pp) Designate one or more depositories which are |
| 506 | qualified as public depositories pursuant to section 280.04, |
| 507 | Florida Statutes, as may be amended from time to time, and |
| 508 | thereafter establish and open an account or accounts into which |
| 509 | revenues collected are to be deposited and from which |
| 510 | expenditures may be made. |
| 511 | (qq) Establish and deposit into and expend moneys from a |
| 512 | surplus fund by using funds other than those derived from ad |
| 513 | valorem taxation, that may remain unexpended at the end of the |
| 514 | fiscal year and may be set aside in a separate fund to be known |
| 515 | as the Capital Improvement Fund and accumulated and expended |
| 516 | from year to year solely for the purpose of building and |
| 517 | constructing permanent improvements, replacements, alterations, |
| 518 | buildings, and other structures, including runways, taxi strips, |
| 519 | and aprons. |
| 520 | (rr) By resolution, borrow money and issue bonds in the |
| 521 | manner and within the limitation, except as otherwise provided |
| 522 | in this act, prescribed by general law for the issuance and |
| 523 | authorization of bonds; however, any bonds issued by the |
| 524 | Authority shall be self-liquidating or otherwise payable from |
| 525 | revenues of the Authority and shall not be a lien against the |
| 526 | general taxing powers of the County or any municipality. |
| 527 | (ss) Enter into any deeds of trust, indentures, or other |
| 528 | agreements with any bank or trust company as security for its |
| 529 | bonds, and assign and pledge any or all of its revenues. Such |
| 530 | deeds of trust, indentures, or other agreements may contain |
| 531 | provisions customary in such instruments or as authorized by the |
| 532 | Authority. |
| 533 | (tt) Secure the payment of bonds or any part thereof by |
| 534 | pledging all or any part of its revenues and provide for the |
| 535 | security of said bonds and the rights and remedies of the |
| 536 | bondholders. |
| 537 | (uu) Pending the preparation of definitive bonds, issue |
| 538 | certificates or temporary bonds to the purchaser of bonds. |
| 539 | (vv) Transact the business of the Authority and exercise |
| 540 | all powers necessarily incidental to the exercise of the general |
| 541 | and special powers granted in this act and under any other law. |
| 542 | (ww) Exercise all powers of a local agency granted |
| 543 | pursuant to part II of chapter 159, Florida Statutes, as may be |
| 544 | amended from time to time, and to a governmental unit granted |
| 545 | pursuant to part VII of chapter 159, Florida Statutes, as may be |
| 546 | amended from time to time. |
| 547 | (xx) Do all acts and things necessary or convenient for |
| 548 | the promotion of its business and the general welfare of the |
| 549 | Authority. |
| 550 | Section 7. Alcoholic beverage licenses.- |
| 551 | (1) Alcoholic beverage licenses, as provided for in |
| 552 | section 561.17, Florida Statutes, as may be amended from time to |
| 553 | time, shall be issued to the Authority or other governmental |
| 554 | agency operating TIA as provided in this section. |
| 555 | (a) Each such beverage license shall be issued upon the |
| 556 | written or printed application for licenses to conduct such |
| 557 | business, made to the Division stating the character of the |
| 558 | business to be engaged in, the address of the building wherein |
| 559 | the establishment sought to be licensed is or will be located, |
| 560 | and the kind of license as defined in chapter 561, Florida |
| 561 | Statutes, as may be amended from time to time, which the |
| 562 | applicant desires. The application shall be in the name of the |
| 563 | Authority or other governmental agency operating TIA and when |
| 564 | issued shall be issued in the name of such applicant. The |
| 565 | applicant shall pay to the Division the license fees for the |
| 566 | kind of license that the applicant desires. |
| 567 | (b) Each license is renewable as provided by general law. |
| 568 | Each beverage license shall be for the term and subject to the |
| 569 | same privileges or renewal as provided in sections 561.26 and |
| 570 | 561.27, Florida Statutes, as may be amended from time to time. |
| 571 | (c) Any business operated under any beverage license shall |
| 572 | be operated only by a lessee of the restaurants and cocktail |
| 573 | lounge or cocktail lounges or bars in the airlines terminal, |
| 574 | administration building, or hotel at the airport to whom the |
| 575 | license may be transferred. The Authority or governmental agency |
| 576 | operating TIA and each authorized lessee shall make application |
| 577 | to the Division for the transfer of the license to the lessee, |
| 578 | and the application shall be approved by the Division if it |
| 579 | meets the requirements of law to do so. Upon termination of a |
| 580 | lease for any reason, the lessee shall immediately notify the |
| 581 | Division to retransfer the beverage licenses to the Authority or |
| 582 | the governmental agency operating TIA. Upon failure of a lessee |
| 583 | to notify the Division, the Authority or the governmental agency |
| 584 | operating TIA shall immediately notify the Division in writing |
| 585 | to transfer the license back to the Authority or other |
| 586 | governmental agency operating TIA which may then transfer it to |
| 587 | another authorized lessee. Thereafter, the beverage license may |
| 588 | be transferred to any new lessee or the restaurants and cocktail |
| 589 | lounge, cocktail lounges, or bars upon the same terms and |
| 590 | conditions. Any alcoholic beverage license issued in accordance |
| 591 | with this section is the property of the Authority or the |
| 592 | governmental agency operating TIA, subject to transfer as |
| 593 | provided by this act. |
| 594 | (2) This section does not preclude persons operating on |
| 595 | property of the Authority from acquiring an alcoholic beverage |
| 596 | license for use on its premises pursuant to general law and the |
| 597 | rules of the Division. |
| 598 | Section 8. County and municipal powers and |
| 599 | responsibilities; private ownership transfers.- |
| 600 | (1) Each municipality is empowered to appropriate moneys |
| 601 | for acquiring, establishing, constructing, enlarging, improving, |
| 602 | maintaining, equipping, or operating airports and other air |
| 603 | navigation facilities under the provisions of this act, and each |
| 604 | municipality is authorized to appropriate and to raise by |
| 605 | taxation or otherwise moneys to assist in carrying out the |
| 606 | provisions of this act as to airports partly or wholly within |
| 607 | the limits of each municipality. |
| 608 | (2) It is lawful for any municipality, and full power and |
| 609 | authority is hereby conferred upon each municipality, to |
| 610 | cooperate and share in the exercise of the powers and |
| 611 | authorities conferred upon the Authority under the provisions of |
| 612 | this act, when mutually agreed upon between any such |
| 613 | municipality and the Authority. |
| 614 | (3)(a) The County and each municipality are authorized to |
| 615 | aid and cooperate with the Authority in carrying out any |
| 616 | authorized purpose of the Authority by: |
| 617 | 1. Entering into cooperation agreements with the Authority |
| 618 | and providing in any such cooperation agreement for the making |
| 619 | of a loan, gift, grant, or contribution to the Authority. |
| 620 | 2. Granting and conveying to the Authority real or |
| 621 | personal property, of any kind or nature, or any interest |
| 622 | therein. |
| 623 | 3. Covenanting in any such cooperation agreement made |
| 624 | pursuant to this section to pay all or any part of: |
| 625 | a. The costs of operation and maintenance of Authority |
| 626 | facilities from moneys derived from ad valorem taxation or from |
| 627 | any other available funds of the County or a municipality. |
| 628 | b. The principal of and interest on any revenue bonds of |
| 629 | the Authority. |
| 630 | c. The deposits required to be made into any reserve, the |
| 631 | Capital Improvement Fund, or other funds established by the |
| 632 | Authority, any indenture, deed of trust, or other instrument |
| 633 | securing said revenue bonds from any available funds of the |
| 634 | County or a municipality other than moneys derived from ad |
| 635 | valorem taxes. |
| 636 | (b) Any cooperation agreement may be made and entered into |
| 637 | for such time or times not to exceed 40 years or for such longer |
| 638 | time as any revenue bonds of the Authority, including refunding |
| 639 | thereof, remain outstanding and unpaid, and may contain such |
| 640 | other details, terms, provisions, and conditions as may be |
| 641 | agreed upon. |
| 642 | (c) Any cooperation agreement may be made and entered into |
| 643 | for the benefit of the holders of any revenue bonds of the |
| 644 | Authority as well as the parties thereto and is enforceable in |
| 645 | any court of competent jurisdiction by the holders of any such |
| 646 | revenue bonds or of the coupons appertaining thereto. |
| 647 | (4) The County and each municipality are authorized and |
| 648 | empowered to convey the fee simple title to any real property |
| 649 | needed for airport purposes and owned by either the County or a |
| 650 | municipality to the Authority. |
| 651 | (5) Before the County or any municipality issues a |
| 652 | building permit authorizing building on land affected by airport |
| 653 | zoning regulations, it must obtain a written permit from the |
| 654 | Authority to certify that the construction conforms to the |
| 655 | regulations required by the airport zoning regulations. |
| 656 | (6)(a) Any municipality, the County, or any private owner |
| 657 | may, and each is authorized to, sell, lease, lend, grant, or |
| 658 | convey to the Authority any interest in real or personal |
| 659 | property which may be used by the Authority in the construction, |
| 660 | improvement, maintenance, leasing, or operation of Authority |
| 661 | facilities. Any municipality, the County, or any other owner is |
| 662 | additionally authorized to transfer, assign, and set over to the |
| 663 | Authority any contract or contracts which may have been awarded |
| 664 | by said municipality, the County, or said owner for the |
| 665 | construction of Authority facilities not begun or, if begun, not |
| 666 | completed. |
| 667 | (b) Any such action by the County or any municipality must |
| 668 | be approved by the governing body of the County or the |
| 669 | municipality expressed by resolution or ordinance. |
| 670 | (c) Notwithstanding any other provision of law, this |
| 671 | section is complete authority for the acquisition by agreement |
| 672 | of airports and other aviation facilities and facilities related |
| 673 | thereto and any portion thereof and no other action is required. |
| 674 | Section 9. Bonds.- |
| 675 | (1) Bonds may be issued to finance one or more or a |
| 676 | combination of Authority facilities. Subject to any prior rights |
| 677 | of bondholders, proceeds of such bonds may be pledged and used |
| 678 | to pay the cost of the acquisition, construction, or improvement |
| 679 | of one or more or a combination of Authority facilities or to |
| 680 | refund bonds previously issued for such purpose. Revenues of the |
| 681 | Authority, regardless of the airport project or other source |
| 682 | from which they are derived, may be pledged to pay bonds issued |
| 683 | to finance the cost of Authority facilities and to pay refunding |
| 684 | bonds and ancillary costs associated with such financings. |
| 685 | (2) Except as otherwise provided by this act, security, |
| 686 | payment provisions, contracts, terms, and other attributes of |
| 687 | bonds issued by the Authority shall be specified by the |
| 688 | Authority by initial or amendatory resolution, trust agreement, |
| 689 | or other bond documentation. |
| 690 | (3) The bonds shall be executed by manual or facsimile |
| 691 | signature by the officers the Authority has designated, provided |
| 692 | that such bonds bear at least one signature which is manually |
| 693 | executed to the extent required by general law. Any coupons |
| 694 | attached to the bonds shall bear the facsimile signature or |
| 695 | signatures of the officer or officers designated by the |
| 696 | Authority. If any member or officer whose manual or facsimile |
| 697 | signature appears on any bond or coupon ceases to be a member or |
| 698 | an officer before the delivery of the bonds, such signature |
| 699 | shall be valid and sufficient for all purposes as if that member |
| 700 | or officer had remained in office until delivery. The bonds |
| 701 | shall bear the seal of the Authority affixed as provided by |
| 702 | resolution. |
| 703 | (4) Bonds may be sold either at public or private sale at |
| 704 | such price or prices determined by the Authority. |
| 705 | (5) Any bonds issued pursuant to this act are negotiable |
| 706 | instruments and investment securities under chapter 678, Florida |
| 707 | Statutes, as may be amended from time to time. |
| 708 | (6) The pledge by the Authority of its revenues to the |
| 709 | payment of its bonds by the terms of a resolution or through any |
| 710 | deed of trust, indenture, or other agreement creates a valid and |
| 711 | binding lien thereon and a prior perfected security interest |
| 712 | therein from the time the pledge is made. Any revenues so |
| 713 | pledged are immediately subject to a lien of such pledge without |
| 714 | any physical delivery thereof or further act, and the lien of |
| 715 | any such pledge shall be valid and binding against all parties |
| 716 | having claims of any kind against the Authority, irrespective of |
| 717 | whether such parties have notice thereof. No resolution, deed of |
| 718 | trust, indenture, or other agreement by which a pledge is |
| 719 | created need be filed or recorded, except in the records of the |
| 720 | Authority, and notice is not required to be given to any obligor |
| 721 | of such revenues. No filings under the Florida Uniform |
| 722 | Commercial Code are required in order to perfect any pledge |
| 723 | granted. |
| 724 | (7) No approval of the qualified electors or qualified |
| 725 | freeholders of the state or of the County may be required for |
| 726 | the issuance of any bonds by the Authority unless such approval |
| 727 | is required by the provisions of the Constitution of the State |
| 728 | of Florida. |
| 729 | (8) Notwithstanding any other provision of law, bonds |
| 730 | issued by the Authority are legal investments for banks, savings |
| 731 | banks, trustees, executors, all other fiduciaries, and all |
| 732 | state, municipal, and other public funds. Any such bonds are |
| 733 | securities eligible for deposit for the securing of all state, |
| 734 | municipal, and other public funds. |
| 735 | Section 10. Bondholder rights and remedies.- |
| 736 | (1) The Authority may not do anything that will impair the |
| 737 | security of the bondholders of the Authority or violate any |
| 738 | agreement with them for their benefit. |
| 739 | (2)(a) In addition to any other rights and remedies |
| 740 | lawfully granted to bondholders in law, unless otherwise |
| 741 | provided by the resolution or resolutions providing for the |
| 742 | issuance of bonds, or by any deed of trust, indenture, or other |
| 743 | agreement under which the bonds have been issued, holders of 25 |
| 744 | percent or such other percentage as may be specified in any deed |
| 745 | of trust, indenture, or other agreement under which the bonds |
| 746 | were issued in the aggregate principal amount of the bonds then |
| 747 | outstanding are entitled to appoint a trustee, upon notice as |
| 748 | provided in this act and for the purpose provided in this act, |
| 749 | if the Authority defaults in the payment of principal or |
| 750 | interest for a period of 30 days after either becomes due, |
| 751 | whether at maturity or upon call for redemption, or if the |
| 752 | Authority fails to comply with the provisions of this act, its |
| 753 | resolution or resolutions, or the requirements of any deed of |
| 754 | trust, indenture, or other agreement under which the bonds were |
| 755 | issued. Any such bondholders must first give written notice of |
| 756 | their intention to appoint a trustee to the Authority by |
| 757 | certified United States mail addressed to the chairperson of the |
| 758 | Authority at the principal office of the Authority and to the |
| 759 | holders of all other bonds then outstanding at their addresses |
| 760 | shown on the registration books maintained by the Authority or |
| 761 | the bond registrar. For purposes of this paragraph, any trustee |
| 762 | appointed to serve in that capacity pursuant to a deed of trust, |
| 763 | trust agreement, indenture, or other document by which bonds of |
| 764 | the Authority have been issued is deemed to have been selected |
| 765 | by the holders of bonds issued under that instrument. If more |
| 766 | than one trustee is designated, either by two or more written |
| 767 | instruments or pursuant to the provisions of this paragraph, the |
| 768 | group of bondholders owning the highest percentage of bonds |
| 769 | outstanding has the right to designate the single trustee to |
| 770 | serve in that capacity for purposes of this act. |
| 771 | (b) Unless otherwise provided in any instrument pursuant |
| 772 | to which such bonds were issued, any trustee, whether appointed |
| 773 | by bondholders in accordance with the provisions of this act or |
| 774 | in accordance with the terms of any deed of trust, indenture, or |
| 775 | other agreement, may, upon written request of the holders of 25 |
| 776 | percent or such other percentage as may be specified in any deed |
| 777 | of trust, indenture, or other agreement under which the bonds |
| 778 | were issued in the aggregate principal amount of the bonds then |
| 779 | outstanding may, in any court of competent jurisdiction, in his, |
| 780 | her, or its own name: |
| 781 | 1. By mandamus or other suit, action, or proceeding at law |
| 782 | or in equity, enforce all rights of the bondholders, including |
| 783 | the right to require the Authority to fix, establish, maintain, |
| 784 | collect, and charge rates, fees, rentals, and other charges |
| 785 | adequate to carry out any agreement as to, or pledge of, the |
| 786 | revenues of the Authority, and to require the Authority to carry |
| 787 | out any other agreements with or for the benefit of the |
| 788 | bondholders, and to perform its and their duties under this act. |
| 789 | 2. Bring suit upon the bonds. |
| 790 | 3. By action or suit in equity, require the Authority to |
| 791 | account as if it were the trustee of an express trust for the |
| 792 | bondholders. |
| 793 | 4. By action or suit in equity, enjoin any acts or things |
| 794 | which may be unlawful or in violation of the rights of the |
| 795 | bondholders. |
| 796 | 5. By written notice given in the same manner as provided |
| 797 | by this act to the Authority declare all bonds due and payable |
| 798 | and, if all defaults are made good and with the consent of the |
| 799 | holders of 25 percent or such other percentage as may be |
| 800 | specified in any deed of trust, indenture, or other agreement |
| 801 | under which the bonds were issued in the aggregate principal |
| 802 | amount of the bonds then outstanding, annul such declaration and |
| 803 | its consequences. |
| 804 | (3) Unless otherwise provided in any bond resolution, deed |
| 805 | of trust, indenture, or other agreement pursuant to which bonds |
| 806 | were issued, if a default continues for more than 60 days after |
| 807 | written notice to the Authority, any trustee when appointed as |
| 808 | aforesaid, or acting under a deed of trust, indenture, or other |
| 809 | agreement, and whether or not all bonds have been declared due |
| 810 | and payable, upon the happening of any of the events of default |
| 811 | specified in this section, shall be entitled as of right to |
| 812 | appoint a receiver. The receiver may enter and take possession |
| 813 | of any of the Authority facilities for which the Authority is in |
| 814 | default as provided herein, or any part or parts thereof and the |
| 815 | revenues which are or may be applicable to the payment of the |
| 816 | bonds in default and operate and maintain the same, for and on |
| 817 | behalf of and in the name of the Authority and the bondholders. |
| 818 | The receiver shall collect revenues in the same manner as the |
| 819 | Authority might, and shall use and apply such funds in |
| 820 | accordance with the applicable bond documents or, if not so |
| 821 | specified into a separate account, as directed by the court. |
| 822 | (4) Nothing in this section or any other section of this |
| 823 | act authorizes any receiver appointed to sell, assign, mortgage, |
| 824 | or otherwise dispose of any assets of the Authority. The powers |
| 825 | of such receiver are limited to the operation and maintenance of |
| 826 | the Authority facilities as the court may direct, in the name of |
| 827 | and for and on behalf of the Authority and the bondholders. No |
| 828 | holder of bonds or any court or any trustee is empowered by this |
| 829 | act to sell, assign, mortgage, or otherwise dispose of any |
| 830 | assets of whatever kind or character belonging to the Authority. |
| 831 | Section 11. Award of contracts.- |
| 832 | (1)(a) All Authority purchases of construction, |
| 833 | improvements, repairs, equipment, supplies, materials, services, |
| 834 | or work of any nature, where the entire cost or value exceeds |
| 835 | $30,000, shall be done only under contract or contracts approved |
| 836 | and awarded by the Authority with the lowest responsive and |
| 837 | qualified responsible bidder, respondent, or proposer, upon |
| 838 | proper terms, after advertisement has been given asking for |
| 839 | competitive bids, responses, or proposals, provided that the |
| 840 | Authority may reject any and all bids, responses, or proposals. |
| 841 | (b) These requirements do not apply to: |
| 842 | 1. Purchases made pursuant to the Consultants' Competitive |
| 843 | Negotiation Act; |
| 844 | 2. Purchases of required equipment, supplies, materials, |
| 845 | or services that are highly specialized or proprietary, or when |
| 846 | no other authorized vendor can supply the required equipment, |
| 847 | supplies, materials, or services; |
| 848 | 3. Purchases of equipment, supplies, materials, or |
| 849 | services through a contract issued by a federal, state, or local |
| 850 | government if such contract was procured using a full and open |
| 851 | competitive process; |
| 852 | 4. Emergency purchases necessary to mitigate a situation |
| 853 | which threatens the safety of employees or passengers, the |
| 854 | operation of the airport, or loss of airport property; |
| 855 | 5. Certain recurring, mandatory, day-to-day expenditures |
| 856 | such as utilities, government fees, and taxes; |
| 857 | 6. Work performed by employees of the Authority; |
| 858 | 7. Labor supplied by the federal, state, or local |
| 859 | government; |
| 860 | 8. Contracts or establishment and compliance with rules |
| 861 | concerning labor and materials and other related matters in |
| 862 | connection with any project, or portion thereof, as the |
| 863 | Authority may deem desirable or as may be requested by the |
| 864 | federal or state government assisting in the financing of |
| 865 | Authority facilities; |
| 866 | 9. Any situation in which the Authority has taken over by |
| 867 | transfer or assignment any contract authorized to be assigned to |
| 868 | it under the provisions relating to the transfer of existing |
| 869 | facilities to the Authority as provided by this act; |
| 870 | 10. Any contract in connection with the construction of |
| 871 | Authority facilities which the Authority has had transferred to |
| 872 | it; and |
| 873 | 11. Any contract or agreement between the Authority and |
| 874 | any engineers, architects, attorneys, agents, or other |
| 875 | professional services. |
| 876 | (c) Any contract subject to section 255.05, Florida |
| 877 | Statutes, as may be amended from time to time, in excess of |
| 878 | $15,000 shall not be entered into for construction, improvement, |
| 879 | or repair of Authority facilities unless the contractor has |
| 880 | sufficient surety or sureties, approved by the Authority, and in |
| 881 | an amount fixed by the Authority, for the faithful performance |
| 882 | of the contract. Any such contract shall include provisions that |
| 883 | the person entering into the contract with the Authority will |
| 884 | pay for all materials furnished and services rendered for the |
| 885 | performance of the contract and may maintain an action to |
| 886 | recover for the same against the obligor in the undertaking, as |
| 887 | though such person was named therein, provided the action is |
| 888 | brought within 1 year after the time the cause of action |
| 889 | accrued. Nothing in this section shall be construed to limit the |
| 890 | power of the Authority to construct, repair, or improve |
| 891 | Authority facilities or any addition, betterment, or extension |
| 892 | thereto, directly by the officers, agents, and employees of the |
| 893 | Authority, or otherwise than by contract. |
| 894 | (2) The Authority may use, as an alternative, the |
| 895 | provisions of section 255.20, Florida Statutes, as may be |
| 896 | amended from time to time, to satisfy the competitive |
| 897 | procurement requirements of this section. |
| 898 | Section 12. Legal effects.-Any acquisition of property or |
| 899 | rights therein for Authority facilities, or for airport |
| 900 | protection privileges, including the conveyance and acceptance |
| 901 | thereof, and any bonds issued and sold up to and including the |
| 902 | effective date of this act are validated. |
| 903 | Section 13. Ad valorem tax.-When the Authority prepares |
| 904 | its annual budget and finds it necessary to levy an ad valorem |
| 905 | tax, it shall adopt a resolution determining the estimated |
| 906 | amounts to be expended by the Authority in the ensuing fiscal |
| 907 | year, exclusive of the proceeds of any bonds or other |
| 908 | obligations of the Authority, for acquiring, establishing, |
| 909 | constructing, enlarging, operating, and maintaining Authority |
| 910 | facilities or for any other corporate purpose of the Authority, |
| 911 | and request the Board to levy the tax, not to exceed 1.5 mills |
| 912 | per annum, on all the taxable real and personal property in the |
| 913 | County for the exclusive use of the Authority and for the |
| 914 | purposes provided in this section. The Authority shall submit a |
| 915 | certified copy of any such resolution to the Board at the same |
| 916 | time it submits its annual budget to the Clerk. The Board has no |
| 917 | right or authority to alter either the amount of the levy |
| 918 | request or the use of its proceeds or to in any way alter the |
| 919 | budget of the Authority. The Board shall authorize the levy |
| 920 | requested. The tax collector of the County shall collect and |
| 921 | promptly pay over to the Authority the proceeds of such tax. |
| 922 | Section 14. Prohibition on the use of the taxing power of |
| 923 | the state.-The Authority has no power to pledge the taxing power |
| 924 | of the state, or any political subdivision or agency thereof, |
| 925 | nor shall any of the obligations issued by the Authority be |
| 926 | deemed to be obligations of the state, or any political |
| 927 | subdivision or agency thereof, secured by and payable from the |
| 928 | ad valorem taxes thereof. The state, or any political |
| 929 | subdivision or agency thereof, is not liable for the payment of |
| 930 | principal of or interest on such obligations, except from the |
| 931 | special funds provided for in this act. |
| 932 | Section 15. Covenant of the state.-The state pledges and |
| 933 | agrees with the Federal Government and any person acquiring any |
| 934 | bonds issued by the Authority for the construction, extension, |
| 935 | improvement, or enlargement of Authority facilities that the |
| 936 | state will not limit or alter the rights vested in the Authority |
| 937 | until all bonds at any time issued, together with the interest |
| 938 | thereon, are fully paid and discharged. The state further |
| 939 | pledges and agrees with the Federal Government that if the |
| 940 | Federal Government contributes any funds for the construction, |
| 941 | extension, improvement, or enlargement of Authority facilities |
| 942 | the state will not alter or limit the rights and powers of the |
| 943 | Authority in any manner which would be inconsistent with the |
| 944 | continued maintenance, operation, or the improvement of |
| 945 | Authority facilities or which would be inconsistent with the due |
| 946 | performance of any agreements between the Authority and the |
| 947 | Federal Government. The Authority shall continue to have and may |
| 948 | exercise all powers granted in this act, so long as the same are |
| 949 | necessary or desirable for the carrying out of the purposes of |
| 950 | this act and the purposes of the Federal Government in the |
| 951 | construction, improvement, maintenance, or enlargement of |
| 952 | Authority facilities. |
| 953 | Section 16. Exemption from taxation.-Any property owned or |
| 954 | otherwise acquired by the Authority is exempt from taxation to |
| 955 | the same extent as other property used for public purposes. The |
| 956 | effectuation of the authorized purposes of the Authority shall |
| 957 | and will be, in all respects, for the benefit of the people of |
| 958 | the state and the County for the increase of their commerce and |
| 959 | prosperity, and for the improvement of their welfare, health, |
| 960 | and living conditions and, since the Authority will be |
| 961 | performing essential governmental functions in effectuating such |
| 962 | purposes, the Authority is not required to pay any taxes or |
| 963 | assessments of any kind or nature whatsoever upon any property |
| 964 | required or used by it for such purposes, or any rates, fees, |
| 965 | rentals, receipts, or incomes at any time received by it, and |
| 966 | the bonds issued by the Authority, their transfer and the income |
| 967 | therefrom, including any profits made in the sale thereof, and |
| 968 | any security instruments or agreements securing the repayment |
| 969 | thereof, are free from taxation of any kind by the state or any |
| 970 | political subdivision or taxing agency or instrumentality |
| 971 | thereof. |
| 972 | Section 17. Discrimination prohibited.- |
| 973 | (1)(a) The Authority and its lessees, including successors |
| 974 | in interest, shall not because of race, color, sex, religion, |
| 975 | national origin, age, handicap, or marital status of any |
| 976 | individual refuse to hire, employ, bar, or discharge from |
| 977 | employment such individual or otherwise discriminate against |
| 978 | such individual with respect to compensation, hire, tenure, |
| 979 | terms, conditions, or privileges of employment. |
| 980 | (b) No person on the grounds of race, color, sex, |
| 981 | religion, national origin, age, handicap, or marital status |
| 982 | shall be excluded from the participation in, denied the benefits |
| 983 | of, or otherwise subjected to discrimination in the use of |
| 984 | leased premises of the Authority. |
| 985 | (c) In furnishing services or materials, or in the |
| 986 | construction of any improvements, no person shall be excluded |
| 987 | from participation in, denied the benefits of, or otherwise |
| 988 | subjected to discrimination with respect thereto. |
| 989 | (2) There is no right to apply to the court for relief on |
| 990 | account of any order, requirement, decision, determination, or |
| 991 | action of the Authority pursuant to this section unless there |
| 992 | has been an appeal to the Authority. |
| 993 | Section 18. Recodification.-Prior to July 1, 2022, and |
| 994 | every 10 years thereafter, The Hillsborough County Legislative |
| 995 | Delegation shall review this chapter, and all acts which amend |
| 996 | or otherwise modify this chapter, for the purpose of determining |
| 997 | whether there is a need for recodification of same. If it is |
| 998 | determined that there is such a need, the legislative delegation |
| 999 | may require the Authority to accomplish same, and to prepare or |
| 1000 | cause to be prepared such legislation as may be necessary for |
| 1001 | such purpose by preparing such legislation. |
| 1002 | Section 19. Grammatical usage.-The singular includes the |
| 1003 | plural and vice versa, and gender-specific language includes the |
| 1004 | other gender and neuter. |
| 1005 | Section 20. Severability.-The provisions of this act are |
| 1006 | severable, and if any of the provisions hereof shall be held to |
| 1007 | be unconstitutional or invalid, such determination shall not |
| 1008 | affect the constitutionality or validity of any of the remaining |
| 1009 | provisions of this act. |
| 1010 | Section 4. Chapters 2003-370 and 2007-292, Laws of |
| 1011 | Florida, are repealed. Such repeal does not affect the |
| 1012 | prosecution of any cause of action that accrued before the |
| 1013 | effective date of the repeal and does not affect rules, |
| 1014 | regulations, policies, actions, and decisions, contracts, |
| 1015 | agreements, obligations, and properties of the Authority |
| 1016 | existing prior to the effective date of this act. Nothing in |
| 1017 | this act is intended, nor shall any provision hereof be |
| 1018 | construed so as to repeal, abrogate, impair, or adversely affect |
| 1019 | the rights and remedies of the holders of any obligations of the |
| 1020 | Authority issued pursuant to the existing acts or any other |
| 1021 | applicable provision of law. |
| 1022 | Section 5. This act shall take effect upon becoming a law. |