Senate Bill sb1958

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    Florida Senate - 2002                                  SB 1958

    By Senator Diaz de la Portilla





    34-1439-02

  1                      A bill to be entitled

  2         An act relating to airport authorities;

  3         creating ss. 332.201, 332.202, 332.203,

  4         332.204, 332.205, 332.206, 332.207, 332.208,

  5         332.209, 332.210, and 332.211, F.S.; creating

  6         the Florida Airport Authority Act; providing

  7         definitions; providing that certain counties

  8         shall form an airport authority; providing that

  9         certain former military facilities redeveloped

10         and operated as an airport shall be redeveloped

11         and operated by an authority under the act, and

12         providing for membership of the governing body

13         of such authorities; providing for appointment

14         of members of the governing body of an

15         authority; providing for officers, employees,

16         expenses, removal from office, and application

17         of financial disclosure provisions; providing

18         purposes and powers of an authority; providing

19         restrictions on authority powers; providing for

20         issuance of bonds; providing that the county

21         may be appointed as an authority's agent for

22         construction; providing for acquisition of

23         lands and property; providing for cooperation

24         with other units, boards, agencies, and

25         individuals; providing a covenant of the state

26         with respect to bond issuance and agreements

27         with federal agencies; providing an exemption

28         from taxation; providing for applicability;

29         requiring members of the authority to file

30         financial disclosure; providing an effective

31         date.

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  1  Be It Enacted by the Legislature of the State of Florida:

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  3         Section 1.  Sections 332.201, 332.202, 332.203,

  4  332.204, 332.205, 332.206, 332.207, 332.208, 332.209, 332.210,

  5  and 332.211, Florida Statutes, are created to read:

  6         332.201  Short title.--Sections 332.201-332.211 may be

  7  cited as the "Florida Airport Authority Act."

  8         332.202  Definitions.--As used in this act, the term:

  9         (1)  "Agency of the state" means and includes the state

10  and any department of, or corporation, agency, or

11  instrumentality created, designated, or established by, the

12  state.

13         (2)  "Airport" means any area of land or water, or any

14  manmade object or facility located therein, which is used, or

15  intended for public use, for the landing and takeoff of

16  aircraft, and any appurtenant areas which are used, or

17  intended for public use, for airport buildings or other

18  airport facilities or rights-of-way.

19         (3)  "Airport system" means any and all airports within

20  the geographic boundaries of an airport authority established

21  pursuant to this act and appurtenant facilities thereto,

22  including, but not limited to, all approaches, roads, bridges,

23  and avenues of access for such airport.

24         (4)  "Authority" means an airport authority established

25  pursuant to this act which is a body politic and corporate and

26  a public instrumentality.

27         (5)  "Bonds" means and includes the notes, bonds,

28  refunding bonds, or other evidences of indebtedness or

29  obligations, in either temporary or definitive form, which an

30  authority issues pursuant to this act.

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  1         (6)  "Department" means the Department of

  2  Transportation.

  3         (7)  "Division" means the Division of Bond Finance of

  4  the State Board of Administration.

  5         (8)  "Express written consent" means prior express

  6  written consent given in the form of a resolution adopted by a

  7  board of county commissioners.

  8         (9)  "Federal agency" means and includes the United

  9  States, the President of the United States, and any department

10  of, or corporation, agency, or instrumentality created,

11  designated, or established by, the United States.

12         332.203  Airport authority; formation; membership.--

13         (1)  Any county having a population of more than 2.1

14  million people shall at the countywide election hold a

15  referendum in which the electors shall decide whether to form

16  an airport authority, which shall be an agency of the state,

17  pursuant to this act.

18         (2)  The governing body of the authority shall consist

19  of seven voting members, two of whom shall be appointed by the

20  Governor subject to confirmation by the Senate. Each member of

21  the governing body must at all times during his or her term of

22  office be a permanent resident of the county which he or she

23  is appointed to represent.

24         (a)  The two members of the governing body appointed by

25  the Governor, subject to confirmation by the Senate, shall

26  serve terms of 4 years. Such persons may not hold elective

27  office during their terms of office.

28         (b)  Two members shall be appointed by the County

29  Ethics Commission.

30         (c)  One member shall be appointed by the County Mayor.

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  1         (d)  Two members shall be appointed by the County

  2  Commission. At least one of the members appointed by the

  3  County Commission must possess expertise in airport security.

  4         (3)(a)  The governing body of each authority shall

  5  elect one of its members as its chair and shall elect a

  6  secretary and a treasurer, who need not be members of the

  7  authority. The chair, secretary, and treasurer shall hold

  8  their offices at the will of the governing body. A simple

  9  majority of the governing body constitutes a quorum, and the

10  vote of a majority of those members present is necessary for

11  the governing body to take any action. A vacancy on a

12  governing body shall not impair the right of a quorum of the

13  governing body to exercise all of the rights and perform all

14  of the duties of the authority.

15         (b)  Upon the effective date of his or her appointment,

16  or as soon thereafter as practicable, each appointed member of

17  a governing body shall enter upon his or her duties.

18         (4)(a)  An authority may employ an executive secretary,

19  an executive director, its own counsel and legal staff,

20  technical experts, and such engineers and employees, permanent

21  or temporary, as it may require and shall determine the

22  qualifications and fix the compensation of such persons,

23  firms, or corporations. An authority may employ a fiscal agent

24  or agents; however, the authority must solicit sealed

25  proposals from at least three persons, firms, or corporations

26  for the performance of any services as fiscal agent. An

27  authority may delegate to one or more of its agents or

28  employees such of its power as it deems necessary to carry out

29  the purposes of this act, subject always to the supervision

30  and control of the authority.

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  1         (b)  Members of the governing body of an authority may

  2  be removed from office by the Governor for misconduct,

  3  malfeasance, misfeasance, or nonfeasance in office.

  4         (c)  Members of the governing body of an authority are

  5  entitled to receive from the authority their travel and other

  6  necessary expenses incurred in connection with the business of

  7  the authority as provided in s. 112.061, but they may not draw

  8  salaries or other compensation.

  9         (d)  Members of the governing body of an authority

10  shall be required to comply with the applicable financial

11  disclosure requirements of ss. 112.3144, 112.3148, and

12  112.3149.

13         (5)  No member or spouse shall be the holder of the

14  stocks or bonds of any company, other than through ownership

15  of shares in a mutual fund, regulated by the authority, or any

16  affiliated company of any company regulated by the authority,

17  or be an agent or employee of, or have any interest in, any

18  company regulated by the authority or any affiliated company

19  of any company regulated by the authority, or in any firm

20  which represents in any capacity either companies which are

21  regulated by the authority or affiliates of companies

22  regulated by the authority.  As a condition of appointment to

23  the council, each appointee shall affirm to the Speaker and

24  the President his or her qualification by the following

25  certification:  "I hereby certify that I am not a stockholder,

26  other than through ownership of shares in a mutual fund, in

27  any company regulated by the authority or in any affiliate of

28  a company regulated by the authority, nor in any way, directly

29  or indirectly, in the employment of, or engaged in the

30  management of any company regulated by the authority or any

31  affiliate of a company regulated by the authority, or in any

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  1  firm which represents in any capacity either companies which

  2  are regulated by the authority or affiliates of companies

  3  regulated by the authority." A member of the authority shall

  4  not contribute to the campaign account of any elected

  5  official, nor solicit any campaign contributions for any

  6  elected official.

  7         332.204  Purposes and powers.--

  8         (1)(a)  An authority created and established pursuant

  9  to this act may acquire, hold, construct, improve, maintain,

10  operate, own, and lease an airport system.

11         (b)  Construction of an airport system may be completed

12  by an authority in segments, phases, or stages, in a manner

13  which will permit the expansion of these segments, phases, or

14  stages to the desired airport configuration. Each authority,

15  in the construction of an airport system, may construct any

16  extensions of, additions to, or improvements to, the airport

17  system or appurtenant facilities, including all necessary

18  approaches, roads, bridges, and avenues of access, with such

19  changes, modifications, or revisions of the project that are

20  deemed desirable and proper. An authority may only add

21  additional airports to an airport system, under the terms and

22  conditions set forth in this act, with the prior express

23  written consent of the board of county commissioners of each

24  county located within the geographic boundaries of the

25  authority, and only if such additional airports are

26  financially feasible, and are compatible with the existing

27  plans, projects, and programs of the authority.

28         (2)  Each authority may exercise all powers necessary,

29  appurtenant, convenient, or incidental to the carrying out of

30  its purposes, including, but not limited to, the following

31  rights and powers:

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  1         (a)  To sue and be sued, implead and be impleaded, and

  2  complain and defend in all courts.

  3         (b)  To adopt, use, and alter at will a corporate seal.

  4         (c)  To acquire, purchase, hold, lease as lessee, and

  5  use any franchise or property, real, personal, or mixed,

  6  tangible or intangible, or any interest therein necessary or

  7  desirable for carrying out the purposes of the authority and

  8  to sell, lease as lessor, transfer, and dispose of any

  9  property or interest therein at any time acquired by it.

10         (d)  To enter into and make leases, either as lessee or

11  as lessor, in order to carry out the right to lease as set

12  forth in this act.

13         (e)  To fix, alter, charge, establish, and collect

14  rates, fees, rentals, and other charges for the services and

15  facilities of the airport system, which rates, fees, rentals,

16  and other charges must always be sufficient to comply with any

17  covenants made with the holders of any bonds issued pursuant

18  to this act.

19         (f)  To borrow money, make and issue negotiable notes,

20  bonds, refund bonds and other evidence of indebtedness, either

21  in temporary or definitive form, of the authority, which bonds

22  or other evidence of indebtedness may be issued pursuant to

23  the State Bond Act, to finance an airport system within the

24  geographic boundaries of the authority, and to provide for the

25  security of the bonds or other evidence of indebtedness and

26  the rights and remedies of the holders of the bonds or other

27  evidence of indebtedness. Any bonds or other evidence of

28  indebtedness pledging the full faith and credit of the state

29  shall only be issued pursuant to the State Bond Act.

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  1         (g)  To enter into contracts and to execute all

  2  instruments necessary or convenient for the carrying on of its

  3  business.

  4         (h)  Without limitation of the foregoing, to borrow

  5  money and accept grants from, and to enter into contracts,

  6  leases, or other transactions with, any federal agency, the

  7  state, any agency of the state or county, or any other public

  8  body of the state.

  9         (i)  To have the power of eminent domain, including the

10  procedural powers granted under chapters 73 and 74.

11         (j)  To pledge, hypothecate, or otherwise encumber all

12  or any part of the revenues, rates, fees, rentals, or other

13  charges or receipts of the authority, as security for all or

14  any of the obligations of the authority.

15         (k)  To do all acts and things necessary or convenient

16  for the conduct of its business and the general welfare of the

17  authority in order to carry out the powers granted to it by

18  law.

19         (l)  An airport authority may consider any unsolicited

20  proposals from private entities and all factors it deems

21  important in evaluating such proposals. The airport authority

22  shall adopt rules or policies in compliance with s. 334.30 for

23  the receipt, evaluation, and consideration of such proposals

24  in order to enter into agreements for the planning design,

25  engineering, construction, operation, ownership, or financing

26  of its airport system. Such rules must require substantially

27  similar technical information as is required by Rule

28  14-107.0011(3)(a)-(e), Florida Administrative Code. In

29  accepting a proposal and entering into such an agreement, the

30  airport authority and the private entity shall for all

31  purposes be deemed to have complied with chapters 255 and 287.

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  1  Similar proposals shall be reviewed and acted on by the

  2  authority in the order in which they were received. An

  3  additional airport may only be constructed under this

  4  paragraph with state and federal approval, and with the prior

  5  express written consent of the board of county commissioners

  6  of each county located within the geographical boundaries of

  7  the authority.

  8         (3)  The use or pledge of any portion of county tax

  9  funds may not be made without the prior express written

10  consent of the board of county commissioners of each county

11  located within the geographic boundaries of the authority.

12         (4)  Any authority formed pursuant to this act shall

13  comply with all statutory requirements of general application

14  which relate to the filing of any report or documentation

15  required by law, including the requirements of ss. 189.4085,

16  189.415, 189.417, and 189.418.

17         (5)  No airport authority shall undertake any

18  construction that is not consistent with federal aviation

19  requirements, the statewide aviation system plan, and the

20  county's comprehensive plan.

21         (6)  The governing body of the county may enter into an

22  interlocal agreement with an authority pursuant to chapter 163

23  for the joint performance or performance by either

24  governmental entity of any corporate function of the county or

25  authority necessary or appropriate to enable the authority to

26  fulfill the powers and purposes of this act and promote the

27  efficient and effective transportation of persons and goods in

28  such county.

29         332.205  Bonds.--With the prior express written consent

30  of the board of county commissioners of each county located

31  within the geographic boundaries of an authority, bonds may be

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  1  issued on behalf of an authority as provided by the State Bond

  2  Act.

  3         332.206  County may be appointed agent of authority for

  4  construction.--The county may be appointed by the authority as

  5  its agent for the purpose of constructing improvements to an

  6  airport system and for the completion thereof. In such event,

  7  the authority shall provide the county with complete copies of

  8  all documents, agreements, resolutions, contracts, and

  9  instruments relating thereto; shall request the county to do

10  such construction work, including the planning, surveying, and

11  actual construction of the completion and improvements to the

12  airport system; and shall transfer to the credit of an account

13  of the county the necessary funds therefor.

14         332.207  Acquisition of lands and property.--

15         (1)  For the purposes of this act, an airport authority

16  may acquire private or public property and property rights,

17  including rights of access, air, view, and light, by gift,

18  devise, purchase, or condemnation by eminent domain

19  proceedings, as the authority may deem necessary for any of

20  the purposes of this act, including, but not limited to, any

21  lands reasonably necessary for securing applicable permits,

22  areas necessary for management of access, borrow pits,

23  drainage ditches, water retention areas, replacement access

24  for landowners whose access is impaired due to the improvement

25  of an airport system, and replacement rights-of-way for

26  relocated rail and utility facilities; or for existing,

27  proposed, or anticipated transportation facilities within the

28  airport system. The authority may also condemn any material

29  and property necessary for such purposes.

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  1         (2)  The right of eminent domain conferred by this act

  2  must be exercised by an authority in the manner provided by

  3  law.

  4         332.208  Cooperation with other units, boards,

  5  agencies, and individuals.--Express authority and power is

  6  given and granted to any county, municipality, drainage

  7  district, road and bridge district, school district, or other

  8  political subdivision, board, commission, or individual in or

  9  of this state to enter into contracts, leases, conveyances, or

10  other agreements within the provisions and purposes of this

11  act with an authority. An authority may enter into contracts,

12  leases, conveyances, and other agreements, to the extent

13  consistent with this chapter and chapters 330, 331, and 333

14  and other provisions of the laws of the state, with any

15  political subdivision, agency, or instrumentality of the state

16  and any federal agency, corporation, and individual, for the

17  purpose of carrying out the provisions of this act.

18         332.209  Covenant of the state.--The state does hereby

19  pledge to, and agrees with, any person, firm, corporation, or

20  federal or state agency subscribing to or acquiring the bonds

21  to be issued by an authority for the purposes of this act that

22  the state will not limit or alter the rights hereby vested in

23  an authority and the department until all bonds at any time

24  issued, together with the interest thereon, are fully paid and

25  discharged, insofar as the same affects the rights of the

26  holders of bonds issued hereunder. The state does further

27  pledge to, and agrees with, the United States that, in the

28  event any federal agency constructs, or contributes any funds

29  for the completion, extension, or improvement of, an airport

30  system or any part or portion thereof, the state will not

31  alter or limit the rights and powers of an authority and the

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  1  department in any manner which would be inconsistent with the

  2  continued maintenance and operation of the airport system or

  3  the completion, extension, or improvement thereof or which

  4  would be inconsistent with the due performance of any

  5  agreement between the authority and any such federal agency,

  6  and the authority and the department shall continue to have

  7  and may exercise all powers granted so long as the same shall

  8  be necessary or desirable for carrying out the purposes of

  9  this act and the purposes of the United States in the

10  completion, extension, or improvement of the airport system or

11  any part or portion thereof.

12         332.210  Exemption from taxation.--The effectuation of

13  the authorized purposes of an airport authority is in all

14  respects for the benefit of the people of the state, for the

15  increase of their commerce and prosperity, and for the

16  improvement of their health and living conditions. For this

17  reason, an authority is not required to pay any taxes or

18  assessments of any kind or nature whatsoever upon any property

19  acquired by it or used by it for such purposes or upon any

20  revenues at any time received by it. The bonds issued by or on

21  behalf of an authority, their transfer, and the income

22  therefrom, including any profits made on the sale thereof, are

23  exempt from taxation of any kind by the state or by any

24  political subdivision or other taxing agency or

25  instrumentality thereof. The exemption granted by this section

26  does not apply to any tax imposed under chapter 220 on

27  interest, income, or profits on debt obligations owned by

28  corporations.

29         332.211  Exemption from applicability.--This act does

30  not apply in a county in which an authority has been created

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  1  pursuant to a general or special act of the Legislature for

  2  the purpose of owning, building, or operating an airport.

  3         Section 2.  The provisions of the Florida Airport

  4  Authority Act, sections 332.201-332.211, Florida Statutes,

  5  shall not apply to any county that has created its own airport

  6  authority.

  7         Section 3.  Members of the authority created pursuant

  8  to the Florida Airport Authority Act, sections

  9  332.201-332.211, Florida Statutes, shall file full and public

10  disclosure of financial interests pursuant to section

11  112.3144, Florida Statutes.

12         Section 4.  This act shall take effect July 1, 2002.

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14            *****************************************

15                          SENATE SUMMARY

16    Creates the Florida Airport Authority Act. Provides for
      counties having a population of more than 2.1 million to
17    hold a referendum to decide whether to form an airport
      authority. Provides for the membership of an authority.
18    Provides powers and duties of an airport authority.
      Authorizes the board of county commissioners to issue
19    bonds on behalf of an airport authority within the
      county. (See bill for details.)
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