House Bill hb1215
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Florida House of Representatives - 2002 HB 1215
By Representatives McGriff, Jennings and Kendrick
1 A bill to be entitled
2 An act relating to the Gainesville-Alachua
3 County Regional Airport Authority; amending
4 chapter 86-469, Laws of Florida, as amended;
5 changing the classification of the Authority
6 from a dependent special district to an
7 independent special district; revising the
8 composition of the membership of the Authority;
9 providing for the conduct of business
10 consistent with the change in membership;
11 deleting obsolete provisions; authorizing the
12 creation of a Board of Trustees to whom powers
13 of the Authority may be delegated; providing an
14 effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 3 of chapter 86-469, Laws of
19 Florida, as amended by chapter 95-457, Laws of Florida, is
20 amended to read:
21 Section 3. Gainesville-Alachua County Regional Airport
22 Authority.--
23 (1) CREATION AND PURPOSE.--For the purpose of managing
24 and operating the airport and airport facilities, there is
25 hereby created an independent a dependent special district to
26 be known as the Gainesville-Alachua County Regional Airport
27 Authority. The exercise by the authority of the powers
28 conferred upon it by this act will be deemed to be for an
29 essential and proper purpose.
30 (2) MEMBERSHIP.--The powers of the authority shall be
31 vested in its members in office from time to time. There
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1 shall be five nine members. The Authority shall be composed of
2 two members to be appointed by the Gainesville City
3 Commission; one member to be appointed by the Board of County
4 Commissioners of Alachua County; the President of the
5 University of Florida or a Vice President of the University of
6 Florida designated by the President; and one member to be
7 appointed by the Governor. As a condition of eligibility for
8 appointment and to hold office, each member shall reside
9 within the city or county. No person shall serve as a member
10 of the authority and, at the same time, hold any publicly
11 elected office in the State of Florida.
12 (3) INITIAL APPOINTMENTS; EXPIRATION OF TERMS.--The
13 current terms of office of members appointed under chapter
14 86-469, Laws of Florida, shall expire on October 1, 2002.
15 Initial appointments shall be as follows:
16 (a) The initial members of the authority shall consist
17 of:
18 1. All members of the preexisting authority; and
19 2. The four members separately appointed by the
20 Governor and the county to the authority created by chapter
21 85-378, Laws of Florida.
22 (b) If any of the members designated in paragraph (a)
23 declines to serve, such office shall be filled within 30 days
24 of the effective date of this act, as follows:
25 1. The Governor shall replace by appointment any of
26 the three members appointed by him under chapter 85-378, Laws
27 of Florida;
28 2. The board of county commissioners shall replace by
29 appointment the member appointed thereby under chapter 35-378,
30 Laws of Florida; and
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1 3. The city commission shall replace by appointment
2 any of the remaining members.
3 (c) The term of any member initially appointed under
4 this act shall expire on July 31 of the year such member's
5 term was scheduled to expire under chapter 85-378, Laws of
6 Florida, or under Gainesville City Ordinance No. 2721/0-82-33,
7 as appropriate, except that the term of any such member
8 previously appointed by the city who was also subsequently
9 appointed to the authority created under chapter 85-378, Laws
10 of Florida, shall expire on July 31 of the year which
11 represents the later expiration date of the two appointments.
12 (4) SUBSEQUENT APPOINTMENTS; TERMS.--Upon expiration
13 of initial terms of office:
14 (a) Subsequent appointments shall be made by the
15 appropriate appointing entity on or prior to the date of
16 expiration of the preceding term in the same manner as
17 described in paragraph (3)(b). In the event an appointment has
18 not been made by such date, the Governor shall make the
19 appointment within 20 days thereafter.
20 (b) All members shall serve 3-year terms of office,
21 beginning on August 1 and expiring on July 31 of the
22 appropriate year.
23 (5) FILLING OF VACANCIES.--Except as may be otherwise
24 provided herein, vacancies in office shall be filled for the
25 balance of the term by the appropriate appointing entity, in
26 the same manner as set forth in paragraph (3)(b). In such
27 cases, the appointment shall be made no later than 30 days
28 after the office has become vacant. In the event an
29 appointment has not been made by such date, the Governor shall
30 make the appointment within 20 days thereafter.
31 (6) ORGANIZATION; MEETINGS; NOTICE; QUORUM.--
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1 (a) A chairman, vice chairman, and secretary/treasurer
2 shall be chosen by and from the authority membership. The
3 chairman, vice chairman, and secretary/treasurer shall each
4 serve a term of office of 1 year, and no member shall hold the
5 same office for more than 2 consecutive terms.
6 (b)1. The authority shall meet at the call of the
7 chairman, at the request of three or more of its members, and
8 at such other times as may be prescribed by rule of the
9 authority.
10 2. The authority shall give reasonable notice of all
11 meetings at least 48 hours prior thereto, which shall be
12 published in a newspaper in general circulation in Alachua
13 County, and shall include agenda items whenever such items
14 involve leasing of any airport property. All meetings of the
15 authority shall be so noticed except emergency meetings which
16 shall only be called when there is an immediate danger to the
17 public health, safety or welfare.
18 (c) The presence of five members is required to
19 constitute a quorum, and the affirmative vote of a majority of
20 the members present and eligible to vote, but no fewer than
21 four of the members present and eligible to vote, is required
22 for any action or recommendation by the authority.
23 (7) REMOVAL FROM OFFICE.--A member may be removed by
24 the entity appointing such member, but only upon grounds
25 constituting misfeasance, neglect of duty, incompetence,
26 permanent inability to perform official duties, or commission
27 of a felony. The unexcused failure to attend three
28 consecutive regular meetings of the authority shall be deemed
29 neglect of duty, without limiting the meaning of that term.
30 (8) RESTRICTIONS.--
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1 (a) No person who has transacted business with the
2 authority shall be eligible for appointment to the authority
3 until 3 years after the last transaction. No person who has
4 served on the authority shall be eligible to transact business
5 with the authority until 3 years after his last date of
6 service. Said transactions include transactions either for
7 oneself or as an employee of, agent for, or consultant to any
8 other person or legal entity. However, nothing in this
9 paragraph shall be construed as prohibiting an appointed
10 member from purchasing supplies or services from any
11 fixed-base operators or tenants at the airport or airport
12 industrial park.
13 (b) No member, officer, agent, or employee of the
14 authority, either for himself or as agent for anyone else, or
15 as a stockholder or owner in any other legal entity, shall
16 participate in or benefit directly or indirectly from any
17 sale, purchase, lease, franchise, contract, or other
18 transaction, entered into by the authority or the city. The
19 provisions of this paragraph shall be cumulative to any
20 general laws of the state which may from time to time be
21 applicable to members, officers, agents or employees of the
22 authority and which require the disclosure of, or prohibit,
23 conflicts of interest.
24 (9) EXPENSES.--The members of the authority shall
25 receive no salary or other compensation for their services.
26 The authority shall, however, be authorized to pay reasonable
27 costs and expenses necessarily incurred by the members in
28 performance of their duties.
29 Section 2. Subsection (15) of section 4 of chapter
30 86-469, Laws of Florida, as amended by chapter 95-457, Laws of
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1 Florida, is amended, and a new subsection (20) is added to
2 said section, to read:
3 Section 4. Powers and duties.--The authority shall
4 have exclusive jurisdiction over the operation and maintenance
5 of, and improvements to, the airport and airport facilities,
6 and pursuant thereto shall have the following powers and
7 duties, which are in addition to all other powers granted by
8 other provisions of this act:
9 (15) When deemed desirable by the authority, and, when
10 agreed to by other governmental entities the city, to utilize
11 the purchasing authority and capability of such entities the
12 city for such things as, but not limited to, computer
13 services, supplies, equipment, labor, and contractual
14 services. However, all such material and services shall be
15 paid by the authority out of its own budget.
16 (20) To create a Board of Trustees to whom may be
17 delegated powers and duties granted to the Authority and who
18 may exercise said powers and duties as agent for, and on
19 behalf of, the Authority to the extent of such delegation.
20 Section 3. This act shall take effect July 1, 2002.
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