ENROLLED HB 1217 2003 Legislature
1	A bill to be entitled
2	An act relating to Titusville-Cocoa Airport District, a
3	dependent special district in Brevard County; codifying
4	the District’s charter pursuant to s. 189.429, Florida
5	Statutes; providing for codification of special laws
6	relating to Titusville-Cocoa Airport District pursuant to
7	s. 189.429, F.S.; providing legislative intent; amending,
8	codifying, repealing, and reenacting all prior special
9	acts; declaring the status of the District; providing an
10	effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Intent.--Pursuant to section 189.429, Florida
15	Statutes, this act constitutes the codification of all special
16	acts relating to Titusville-Cocoa Airport District. It is the
17	intent of the Legislature to provide a single, comprehensive
18	special act charter for the district including all current
19	legislative authority granted to the district by its several
20	legislative enactments and any additional authority granted by
21	this act and chapter 189, Florida Statutes, as they may be
22	amended from time to time. It is further the intent of this act
23	to preserve all district authority.
24	Section 2. Codification.--Chapters 63-1143, 67-1151, 69-
25	863, 70-600, 72-472, 80-457, 81-348, 82-267, and 83-374, Laws of
26	Florida, are codified, reenacted, amended, and repealed as
27	herein provided.
28	Section 3. The Titusville-Cocoa Airport District is re-
29	created and the charter is re-created and reenacted to read:
30	Section 1. There is hereby created and established a
31	dependent airport district in Brevard County, Florida, which
32	shall also be a special taxing district, to be known as the
33	"Titusville-Cocoa Airport District,” which shall consist of so
34	much of Brevard County, Florida, as lies North of that line
35	described as follows:
36
37	Beginning at a point where the West boundary line of
38	said Brevard County, Florida, intersects with the
39	South boundary line of Township 25 South, Range 35
40	East, and proceeding thence easterly along the South
41	boundary line of Township 25 South to the intersection
42	of the East boundary line of Brevard County, Florida,
43	with the South bound ary line of Township 25 South.
44
45	Section 2. That the title, rights, and ownership of all
46	property, both real and personal, rights, powers, facilities,
47	privileges, easements, franchises, rights-of-way, contracts,
48	uncollected taxes, dues, claims, judgments, decrees, choses in
49	action, and all property and property rights held or owned by
50	the Titusville-Cocoa Airport Authority established by chapter
51	63-1143, Laws of Florida, shall pass to and be vested in the
52	Titusville-Cocoa Airport Authority, the governing body of the
53	Titusville-Cocoa Airport District, established and organized
54	under this Act to take the place of and succeed the Titusville-
55	Cocoa Airport Authority hereby abolished. All lawful debts,
56	bonds, obligations, contracts, franchises, promissory notes,
57	audits, minutes, resolutions, and other undertakings of the
58	Titusville-Cocoa Airport Authority created by chapter 59-1933,
59	Laws of Florida, which is abolished hereby, are hereby
60	validated, and same shall continue to be valid and binding in
61	accordance with their respective terms, conditions, covenants,
62	and tenor on the Titusville-Cocoa Airport District and the
63	Titusville-Cocoa Airport Authority established and organized by
64	this Act. Any proceeding heretofore begun for the construction
65	of any improvements, or port facilities, or for the borrowing of
66	money shall not be impaired or avoided by this chapter, but may
67	be continued and completed and binding upon the Titusville-Cocoa
68	Airport District and Titusville-Cocoa Airport Authority
69	established by this Act.
70	Section 3. As used in this Act the following words and
71	terms shall have the following meanings, unless the context
72	shall indicate another or different meaning or intent:
73	(a) The term "airport facilities" shall mean airport
74	facilities of all kinds including, but not limited to, landing
75	fields, hangars, shops, terminals, buildings, and all other
76	facilities necessary or desirable for the landing, taking off,
77	operating, servicing, repairing, and parking of aircraft, and
78	the unloading and handling of passengers, mail, express, and
79	freight, together with all necessary appurtenances and equipment
80	and all properties, rights, easements, and franchises relating
81	thereto and deemed necessary or convenient by the Authority in
82	connection therewith.
83	(b) The word "Authority" shall mean the Authority created
84	by this Act, or, if such Authority shall be abolished, the
85	board, body, or commission succeeding to the principal functions
86	thereof or to whom the powers given by this Act to the Authority
87	shall be given by law.
88	(c) The word "costs” shall mean and include the cost of
89	acquiring or constructing airport facilities and such buildings,
90	structures, roads, alleyways, railroad loading and unloading
91	facilities, and any other development of land as the Authority
92	shall determine to be necessary and proper in the performance of
93	the duties and purposes of this Act, the cost of improvements,
94	the cost of all lands, properties, rights, easements, and
95	franchises acquired, the cost of all machinery and equipment,
96	financing charges, interest prior to and during construction and
97	for 1 year after completion of construction, cost of engineering
98	and legal services, plans, specifications, surveys, estimates of
99	cost and of revenues, other expenses necessary or incident to
100	the determining of the feasibility or practicability of any such
101	acquisition, construction, or improvement, administrative
102	expenses, and such other expenses, including reasonable
103	provision for working capital, as may be necessary or incident
104	to the financing herein authorized, to the acquisition,
105	construction, and improvement of airport facilities and such
106	buildings, structures, roads, alleyways, railroad loading and
107	unloading facilities, and any other development of land as the
108	authority shall determine to be necessary and proper in the
109	performance of the duties and purposes of this Act and the
110	placing of the same in operation by the District. Any obligation
111	or expense incurred by the District or by any participating
112	political subdivision prior to the issuance of bonds under the
113	provisions of this Act in connection with the acquisition or
114	construction of any airport facilities and such buildings,
115	structures, roads, alleyways, railroad loading and unloading
116	facilities, and any other development of land as the Authority
117	shall determine to be necessary and proper in the performance of
118	the duties and purposes of this Act or any improvements thereof
119	may be regarded as a part of such cost.
120	(d) The word "improvements" shall mean such repairs,
121	replacements, additions, extensions, and betterments of and to
122	any facilities as are deemed necessary to place or to maintain
123	such facilities in proper condition for the safe, efficient, and
124	economic operation thereof.
125	(e) The term "participating political subdivisions" shall
126	mean the Cities of Titusville and Cocoa, Florida, the Board of
127	County Commissioners of Brevard County, Florida, and all other
128	political subdivisions or governments within the geographical
129	limits of the Airport District.
130	Section 4. The District is created for the purpose of
131	acquiring, constructing, improving, financing, operating, and
132	maintaining airport facilities and such buildings, structures,
133	roads, alleyways, railroad loading and unloading facilities, and
134	any other development of land owned or leased by the Authority
135	and essential to the economic welfare of the inhabitants of the
136	Authority and which will promote the economic, commercial, and
137	industrial development of the Authority. The District is hereby
138	constituted a public instrumentality and body corporate and
139	politic and the exercise by the District of the powers conferred
140	by this Act shall be deemed and held to be the performance of
141	essential governmental functions.
142	Section 5. The governing Authority of said Titusville-
143	Cocoa Airport District shall be known as the Titusville-Cocoa
144	Airport Authority; and said Titusville-Cocoa Airport Authority
145	shall constitute a body politic and a body corporate; it shall
146	have perpetual existence.
147	The Authority shall consist of seven members, one of whom
148	shall be appointed by the County Commissioner for District One,
149	who shall reside within the boundaries of the Titusville-Cocoa
150	Airport District but not within the city limits of Titusville;
151	one shall be appointed by the City of Titusville and shall
152	reside within the city limits of Titusville; two shall be
153	appointed by the County Commissioner for District Two, both of
154	whom shall reside within the boundaries of the Titusville-Cocoa
155	Airport District and at least one of whom shall reside either
156	within the City of Cape Canaveral, Florida, or the City of Cocoa
157	Beach, Florida; two of whom shall be appointed by the County
158	Commissioner for District Four, both of whom shall reside within
159	the boundaries of the Titusville-Cocoa Airport District and at
160	least one of whom shall reside either within the City of Cocoa,
161	Florida, or the City of Rockledge, Florida; and one of whom
162	shall be appointed jointly by the County Commissioners for
163	Districts One, Two, and Four and such appointee shall reside
164	within the Titusville-Cocoa Airport District. The cities within
165	the District are encouraged to participate in the appointing
166	process by making recommendations to the appropriate County
167	Commissioner involved in the appointment. The terms of each
168	appointment shall be for a period of 3 years. Upon expiration of
169	the term the member shall continue to serve pending
170	reappointment or until a successor is appointed for his or her
171	position. The Authority shall select from its members a Chair, a
172	Vice Chair, a Secretary, and a Treasurer to serve as such at the
173	pleasure of the Authority. Any person may hold two or more
174	offices, except that the Chair may not also serve as the
175	Secretary. When any vacancy shall occur, the vacancy shall be
176	filled by the appointing authority which originally appointed
177	the previous incumbent of the vacancy and such appointment shall
178	be for the remainder of said term being filled. Members of the
179	Authority shall be qualified freeholders residing in the
180	District.
181	Four of the members of the Authority shall constitute a
182	quorum and the affirmative vote of four of the members of the
183	Authority shall be necessary for any action taken by the
184	Authority. The members of the Authority shall serve without
185	compensation but shall be reimbursed for the amount of actual
186	expenses incurred by them in the performance of their duties.
187	Section 6. The Authority is hereby authorized and
188	empowered:
189	(a) To adopt bylaws for the regulation of its affairs and
190	the conduct of its business;
191	(b) To adopt an official seal and alter the same at
192	pleasure;
193	(c) To maintain an office at such place or places as it
194	may designate;
195	(d) To sue and be sued in its own name and to plead and be
196	impleaded;
197	(e) To acquire, lease as lessee or lessor, construct,
198	reconstruct, improve, extend, enlarge, equip, repair, maintain,
199	and operate any airport facilities and such buildings,
200	structures, roads, alleyways, railroad loading and unloading
201	facilities, and any other development of land as the Authority
202	shall determine to be necessary and proper in the performance of
203	the duties and purposes of this Act, within the District and
204	within the participating political subdivisions in the District,
205	but within the boundaries of the District;
206	(f) To issue bonds of the authority as hereinafter
207	provided to pay the cost of such acquisition, construction,
208	reconstruction, improvement, extension, enlargement, or
209	equipment, provided, however, that approval of the Board of
210	County Commissioners of Brevard County shall be secured prior to
211	the issuance of such bonds;
212	(g) To issue refunding bonds of the Authority as
213	hereinafter provided, provided, however, that approval of the
214	Board of County Commissioners of Brevard County shall be secured
215	prior to the issuance of such bonds;
216	(h) To combine any airport facilities for the purpose of
217	operation and financing; specifically the Authority is
218	authorized and empowered to combine the operation and financing
219	of Space Coast Regional Airport, Merritt Island Airport, and
220	Arthur Dunn Airpark, and said Authority is hereby authorized to
221	operate said three airports as a single unit and the acquisition
222	of real and personal property for all of said airports be and
223	the same is hereby validated, confirmed, and approved;
224	(i) To fix and revise from time to time and to collect
225	rates, fees, and other charges for the use of or for the
226	services and facilities furnished by any airport facilities;
227	(j) To acquire in the name of the Authority by gift,
228	purchase, or the exercise of the right of eminent domain in
229	accordance with the laws of the State of Florida which may be
230	applicable to the exercise of such powers by counties or
231	municipalities, any lands or rights in land, and to acquire such
232	personal property as it may deem necessary in connection with
233	the acquisition, construction, reconstruction, improvement,
234	extension, enlargement, or operation of any airport facilities
235	and such buildings, structures, roads, alleyways, railroad
236	loading and unloading facilities, and any other development of
237	land as the Authority shall determine to be necessary and proper
238	in the performance of the duties and purposes of this Act, and
239	to hold and dispose of all real and personal property under its
240	control;
241	(k) To make and enter all contracts and agreements
242	necessary or incidental to the performance of its duties and the
243	execution of its powers under this Act, including a trust
244	agreement or trust agreements securing any bonds issued
245	hereunder, and to employ such consulting and other engineers,
246	superintendents, managers, construction and financial experts,
247	accountants and attorneys, and such employees and agents as may,
248	in the judgment of the Authority, be deemed necessary and to fix
249	their compensation, provided, however, that all such expenses
250	shall he payable solely from funds made available under the
251	provisions of this Act;
252	(l) To accept grants of money or materials or property of
253	any kind for any airport facilities and such buildings,
254	structures, roads, alleyways, railroad loading and unloading
255	facilities, and any other development of land as the Authority
256	shall determine to be necessary and proper in the performance of
257	the duties and purposes of this Act from any Federal or State
258	agency, political subdivision, municipality, or other public
259	body, or from any other persons;
260	(m) To do all acts and things necessary or convenient to
261	carry out the powers granted by this Act;
262	(n) To lease as leasee or lessor any real property or to
263	sell or otherwise dispose of any personal property which it has
264	determined is no longer used or useful for purposes set forth
265	herein, subject, however, to any limitations which may be
266	imposed on such leasing or disposition by any bonds issued by
267	the Authority hereunder or by any proceedings taken in
268	connection with the issuance of such bonds;
269	(o) To make purchase money mortgages on any additional
270	property purchased by the Authority, or to purchase property
271	subject to purchase money mortgages, provided, however, that
272	other property of the Authority is in no way subject to the lien
273	of such purchase money mortgages or subject to any deficiency
274	decree foreclosing any such purchase money mortgages; and
275	(p) To provide for the appointment of a chief executive
276	officer to act as operations officer and head administrator of
277	the operation of the Airport District. He or she shall be
278	responsible to the Airport Authority for the proper
279	administration of all affairs of the Authority and to that end
280	he or she shall have the power and shall be required to:
281	(1) Appoint when authorized by the Authority, and, if
282	necessary for the good of the Authority, remove all employees of
283	the Authority, other than the Authority's Attorney and Engineer.
284	(2) Fix the salary of employees of the Authority, or
285	within the budget of the Authority.
286	(3) Endorse on all contracts, bonds, and other instruments
287	in writing in which the Authority is interested, his or her
288	approval of the substance thereof.
289	(4) Prepare the annual budget for the Authority and submit
290	it to the Authority, and be responsible for its administration
291	after adoption.
292	(5) Prepare and submit to the Authority, as of the end of
293	the fiscal year, a complete report on the finances and
294	administrative activities of the Authority for the preceding
295	year.
296	(6) Keep the Authority advised of the financial condition
297	and future needs of the Authority, and make such recommendations
298	as may seem to him or her desirable.
299	(7) He or she shall be purchasing agent for the Authority,
300	by whom all purchases of supplies shall be made, subject to the
301	rules and regulations to be prescribed by the Authority, and he
302	or she shall approve all vouchers for payment of same.
303	(8) Perform such other duties as may be necessary in the
304	proper administration, excluding policy decisions, of the
305	facilities operated by the Authority.
306	Section 7. The Authority shall in each fiscal year, which
307	fiscal year shall be the same as that of Brevard County, prepare
308	an annual budget for operating revenue accounts and operating
309	expense accounts and such other accounts as the Board of County
310	Commissioners of Brevard County shall prescribe, for its
311	operations in the ensuing fiscal year and, on or before the
312	first day of September of each year, submit such budget to the
313	Board of County Commissioners of Brevard County, Florida,
314	verified upon information and belief by the Chair of the
315	Authority. At the time the Authority prepares its annual budget,
316	it shall adopt a resolution determining and finding the
317	estimated amounts to be expended by the District in the ensuing
318	year, exclusive of any bonds or other obligations of the
319	District, for acquiring, establishing, constructing, enlarging,
320	operating, and maintaining said airports and other aviation
321	facilities and other facilities related thereto of the District,
322	or for any other corporate purposes of the District, and
323	requesting the Board of County Commissioners of Brevard County,
324	Florida, to levy a tax, not exceeding in any event 1/2 mill per
325	annum on all the taxable real and personal property in that
326	portion of the county within the geographical limits of the
327	District. A certified copy of said resolution shall be submitted
328	to the Board of County Commissioners of Brevard County, Florida,
329	at the same time that it submits its annual budget referred to
330	above.
331	The Board of County Commissioners of Brevard County,
332	Florida, shall examine said budget and said certified copy of
333	said resolution and may increase or reduce the total amount
334	requested under the provisions in said budget and resolution for
335	the expenditure of such amounts for said purposes in such an
336	amount as said Board of County Commissioners deems advisable in
337	its sole discretion. Thereafter, said Board of County
338	Commissioners shall approve the budget of the District, either
339	as submitted or as increased or reduced, as aforesaid. Upon
340	approval of such budget, said Board of County Commissioners
341	shall levy, assess, and collect taxes not exceeding in any event
342	1/2 mill per annum on all the taxable real and personal property
343	in that portion of the county within the geographical limits of
344	the District, sufficient to pay the estimated amount for said
345	purposes contained in such budget and shall promptly upon
346	receipt thereof remit and pay over to the Authority the proceeds
347	to the payment of the costs of the purposes provided in such
348	budget.
349	All anticipated revenues to be derived from the operation
350	of the airports and airport facilities shall be included in the
351	budget of the Authority, provided, however, that any amounts of
352	money, including funds derived from ad valorem taxation and
353	appropriated in the Authority's budget for the preceding fiscal
354	year that remain unexpended from the revenue derived under the
355	budget for the preceding fiscal year may, by resolution duly
356	adopted by the Authority and approved by said Board of County
357	Commissioners, be set aside in a separate fund to be known and
358	described as a "renewal and replacement fund" and accumulated in
359	said fund from year to year for the purpose of purchasing
360	property, real and personal, building and constructing permanent
361	improvements, replacements, alterations, buildings, and other
362	structures, including runways, taxi strips, and aprons, and such
363	funds may be disbursed from time to time out of the renewal and
364	replacement fund, upon proper resolution of the Authority and
365	approval by said Board of County Commissioners, and solely for
366	the payment of the cost of purchasing property, real and
367	personal, permanent improvements, replacements, alterations,
368	buildings, and other structures, including runways, taxi strips,
369	and aprons, as hereinbefore provided.
370	The Authority shall adopt budget procedures to establish
371	the direct and indirect costs of operating and maintaining each
372	airport in the Titusville-Cocoa Airport District as well as the
373	direct income derived from each airport.
374	Section 8. The Titusville-Cocoa Airport District, through
375	the Authority created herein, is hereby empowered and authorized
376	to issue bonds of the District, in an aggregate principal amount
377	of not exceeding an amount equal to 5 percent of the assessed
378	valuation of all of the taxable property within the geographical
379	limits of the District at the effective date of this Act,
380	payable as to both principal and interest from ad valorem taxes
381	not exceeding 1 mill per dollar of assessed valuation within the
382	boundaries of the District for the purpose of paying all or any
383	part of the cost of construction or acquisition of property, by
384	the District, of any authorized project, and such acquisition or
385	construction is hereby determined legislatively to be a lawful
386	and essential District purpose.
387	No such bonds of the District herein authorized shall be
388	issued unless and until the issuance thereof shall have been,
389	first, approved at an election of the qualified electors who are
390	freeholders residing in the geographical limits of the District,
391	duly called and held, in the manner provided by the Constitution
392	and statutes of the State of Florida.
393	Section 9. The State of Florida does hereby pledge to, and
394	agree with, the Federal Government and any person, firm, or
395	corporation, subscribing to, or acquiring the bonds to be issued
396	by, the District for the construction, acquisition, extension,
397	improvement, or enlargement of projects, or any part thereof,
398	that the state will not limit or alter the rights hereby vested
399	in the District until all bonds at any time issued, together
400	with the interest thereon, are fully paid and discharged. The
401	State of Florida does further pledge to, and agree with, the
402	Federal Government that, in the event that the Federal
403	Government shall construct or contribute any funds for the
404	construction, acquisition, extension, improvement, or
405	enlargement of said projects, or any part thereof, the state
406	will not alter or limit the rights and powers of the District in
407	any manner which would be inconsistent with the continued
408	maintenance and operation of the projects, or any part thereof,
409	or the improvement thereof, or which would be inconsistent with
410	the due performance of any agreements between the District and
411	the Federal Government, and the District shall continue to have
412	and may exercise all powers herein granted, so long as the same
413	may be necessary or desirable for the carrying out of the
414	purposes of this Act and the purposes of the Federal Government
415	in the construction or acquisition or improvement or enlargement
416	of said projects, or any part thereof.
417	Section 10. Cooperation between municipalities, county,
418	and District: the Effectuation of the authorized purposes of the
419	Authority being in all respects for the benefit of the people of
420	the State of Florida and the County of Brevard as well as the
421	municipalities within the geographical limits of the Titusville-
422	Cocoa Airport District, the county and each municipality in the
423	District are hereby authorized to aid and cooperate with the
424	District in carrying out any authorized purposes of the
425	District.
426	The county and each municipality in the District are hereby
427	authorized to enter into cooperation agreements with the
428	District and to provide in any such cooperation agreement for
429	the making of a loan, gift, grant, or contribution to the
430	District for the carrying out of its authorized purposes.
431	The county and each municipality in the District are
432	hereby, further, authorized to grant and convey to the Authority
433	real or personal property, of any kind or nature, or any
434	interest therein, for the carrying out of its authorized
435	purposes.
436	The county and each municipality in the District are,
437	further and additionally, authorized to covenant in any such
438	cooperation agreement made pursuant to this Section to pay all
439	or any part of the costs of operation and maintenance of the
440	projects of the District from any available funds of the county
441	or municipality in the District, except revenues derived from ad
442	valorem taxation and cigarette taxes, and to pay all or any part
443	of the principal and interest on any revenue bonds of the
444	District and all or any part of the deposits required to be made
445	into any reserve, renewal, and replacement or other funds
446	created and established by the resolution, indenture, deed of
447	trust, or other instrument securing said revenue bonds from any
448	available funds of the county or any municipality.
449	Any such cooperation agreement may be made and entered into
450	pursuant to this Act for such time or times not exceeding 40
451	years as shall be agreed by the parties thereto or for such
452	longer time as any revenue bonds of the District, including
453	refundings thereof, remain outstanding and unpaid and may
454	contain such other details, terms, provisions, and conditions as
455	shall be agreed upon by the parties thereto.
456	Any such cooperation agreement may be made and entered into
457	for the benefit of the holders of any revenue bonds of the
458	Authority as well as the parties thereto and shall be
459	enforceable in any court of competent jurisdiction by the
460	holders of any such revenue bonds or of the coupons appertaining
461	thereto.
462	Section 11. The Authority is hereby further authorized to
463	issue at one time, or from time to time, ad valorem bonds of the
464	District as hereinbefore provided, or revenue bonds as
465	hereinafter provided, for the purpose of paying the cost of
466	acquiring, constructing, reconstructing, improving, extending,
467	enlarging, or equipping any airport facilities and such
468	buildings, structures, roads, alleyways, railroad loading and
469	unloading facilities, and any other development of land as the
470	Authority shall determine to be necessary and proper in the
471	performance of the duties and purposes of this Act. The bonds of
472	each issue shall be dated, shall mature at such time or times
473	not exceeding 40 years from their date or dates, and shall bear
474	interest at such rate or rates not exceeding 8 percent per
475	annum, as may be determined by the Authority, provided that
476	revenue bonds shall not bear interest at a higher rate of
477	interest than provided by general law, and may be made
478	redeemable before maturity, at the option of the Authority, at
479	such price or prices and under such terms and conditions as may
480	be fixed by the Authority prior to the issuance of the bonds.
481	The Authority shall determine the form and the manner of
482	execution of the bonds, including any interest coupons to be
483	attached thereto, and shall fix the denomination or
484	denominations of the bonds and the place or places of payment of
485	principal and interest, which may be of any bank or trust
486	company within or without the state. In case any officer whose
487	signature or a facsimile of whose signature shall appear on any
488	bonds or coupons shall cease to be such officer before the
489	delivery of such bonds, such signature or such facsimile shall
490	nevertheless be valid and sufficient for all purposes, the same
491	as if he or she had remained in office until such delivery.
492	Notwithstanding any of the other provisions of this Act or any
493	recitals in any bonds issued under the provisions of this Act,
494	all such bonds shall be deemed to be negotiable instruments
495	under the laws of the state. The bonds may be issued in coupon
496	or registered form, or both, as the Authority may determine, and
497	provision may be made for the registration of any coupon bonds
498	as to principal alone and also as to both principal and
499	interest, and for the reconversion into coupon bonds of any
500	bonds registered as to both principal and interest. The bonds
501	shall be sold at public sale and the net interest cost to the
502	Authority on such bonds shall not exceed the limits hereinbefore
503	specified. If all bids received on the public sale are rejected,
504	the Authority may then proceed to negotiate for the sale of the
505	bonds at a net interest cost, which shall be less than the
506	lowest net interest cost stated in the bids rejected at the
507	public sale.
508	The proceeds of the bonds of each issue shall be used
509	solely for the purpose for which such bonds shall have been
510	authorized and shall be disbursed in such manner and under such
511	restrictions, if any, as the Authority shall provide in the
512	resolution authorizing the issuance of such bonds or in the
513	trust agreement herein mentioned securing the same. Unless
514	otherwise provided in the authorizing resolution or in the trust
515	agreement securing such, if the proceeds of such bonds, by error
516	of estimates or otherwise, shall be less than such cost,
517	additional bonds may in like manner be issued to provide the
518	amount of such deficit and shall be deemed to be of the same
519	issue and shall be entitled to payment from the same fund
520	without preference or priority of the bonds first issued for the
521	same purpose.
522	The resolution providing for the issuance of bonds, and any
523	trust agreement securing such bonds, may also contain such
524	limitations upon the issuance of additional bonds as the
525	Authority may deem proper, and such additional bonds shall be
526	issued under such restrictions and limitations as may be
527	prescribed by such resolution or trust agreement.
528	Prior to the preparation of definitive bonds, the Authority
529	may, under like restrictions, issue interim receipts or
530	temporary bonds, with or without coupons, exchangeable for
531	definitive bonds when such bonds shall have been executed and
532	are available for delivery. The Authority may also provide for
533	the replacement of any bonds which shall become mutilated or be
534	destroyed or lost.
535	Except as specifically provided in this Act which requires
536	the prior approval of the Board of County Commissioners of
537	Brevard County, bonds may be issued under the provisions of this
538	Act without obtaining the consent of any other commission,
539	board, bureau, or agency of the state or of any political
540	subdivisions, and without any other proceeding or the happening
541	of other conditions.
542	Bonds issued by the Authority under the provisions of this
543	Section shall not be deemed to constitute a debt of the state or
544	of any political subdivision thereof or a pledge of the faith
545	and credit of the state or of any such political subdivision,
546	but such bonds shall be obligations of the District payable
547	solely from the funds herein provided therefor, and a statement
548	to that effect shall be recited on the face of the bonds.
549	Section 12. The District is hereby authorized to fix and
550	revise from time to time rates, fees, and other charges for the
551	use of and for the services furnished or to be furnished by any
552	facilities owned or operated by the District, and such rates,
553	fees, and charges shall not be subject to supervision or
554	regulation by any bureau, board, commission, or other agency of
555	the state or any political subdivision. Such rates, fees, and
556	charges shall be fixed and revised so that the revenues of the
557	District, together with any other funds provided by this Act,
558	will be sufficient at all times:
559	(a) To pay the cost of maintaining, repairing, and
560	operating the facilities owned or operated by the Authority,
561	including reserves for such purposes; and
562	(b) To pay the principal of and the interest on all bonds
563	issued by the Authority under the provisions of this Act as the
564	same shall become due and payable and to provide reserves
565	therefor.
566
567	Notwithstanding any of the foregoing provisions of this Section,
568	the Authority may enter into contracts relating to the use of or
569	for the services furnished or to be furnished by any facilities
570	which shall not be subject to revision except in accordance with
571	their terms.
572	Section 13. In the discretion of the Authority, each or
573	any issue of bonds may be secured by a trust agreement by and
574	between the District and a corporate trustee, which may be any
575	trust company or bank having the powers of a trust company
576	within or without the state. The resolution authorizing the
577	issuance of the bonds or such trust agreement may pledge the
578	revenues to be resolved from any facilities of the District but
579	shall not convey or mortgage any of such facilities, and may
580	contain such provisions for protecting and enforcing the rights
581	and remedies of the bondholders as may be reasonable and proper
582	and not in violation of law, including covenants setting forth
583	the duties of the District in relation to the acquisition,
584	construction, reconstruction, improvement, maintenance, repairs,
585	operation, and insurance of any such facilities, the fixing and
586	revising of the rates, fees and charges, and the custody,
587	safeguarding, and application of all moneys, and for the
588	employment of counseling engineers in connection with such
589	acquisition, construction, reconstruction, or operation. It
590	shall be lawfu1 for any bank or trust company incorporated under
591	the laws of the state which may act as a depositary of the
592	proceeds of bonds or of revenues to furnish such indemnifying
593	bonds or to pledge such securities as may be required by the
594	District. Such resolution or trust agreement may set forth the
595	rights and remedies of the bondholders and of the trustee, if
596	any, and may restrict the individual right of action by
597	bondholders. Such resolution or trust agreement may contain such
598	other provisions in addition to the foregoing as the Authority
599	may deem reasonable and proper for the security of the
600	bondholders. The Authority may provide for the payment of the
601	proceeds of the sale of the bonds and the revenues of any
602	facilities to such officer, board, or depositary as it may
603	designate for the custody thereof, and for the method of
604	disbursement thereof, with such safeguards and restrictions as
605	it may determine. All expenses incurred in carrying out the
606	provisions of such resolution or trust agreement may be treated
607	as a part of the cost of operation.
608	All pledges of revenues under the provisions of this Act
609	shall be valid and binding from the time when such pledges are
610	made. All such revenues so pledged and thereafter received by
611	the District shall immediately be subject to the lien of such
612	pledges without any physical delivery thereof or further action,
613	and the lien of such pledges shall be valid and binding as
614	against all parties having claims of any kind in tort, contract,
615	or otherwise, against the District, irrespective of whether such
616	parties have notice thereof.
617	Section 14. All moneys received pursuant to the authority
618	of this Act shall be deemed to be trust funds, to be held and
619	applied solely as provided in this Act. The resolution
620	authorizing the issuance of bonds or the trust agreement
621	securing such bonds shall provide that any officer to whom, or
622	bank, trust company, or fiscal agent to which, such moneys shall
623	be paid shall act as trustee of such moneys and shall hold and
624	supply the same for the purposes hereof, subject to such
625	regulations as this Act and such resolution or trust agreement
626	may provide.
627	Section 15. Any holder of bonds issued under the
628	provisions of this Act or of any of the coupons appertaining
629	thereto, and the trustee under any trust agreement, except to
630	the extent the rights herein given may be restricted by the
631	resolution authorizing the issuance of such bonds or such trust
632	agreement, may, either at law or in equity, by suit, action,
633	mandamus, or other proceeding, protect and enforce any and all
634	rights under the laws of the state or granted hereunder or under
635	such resolution or trust agreement, and may enforce and compel
636	the performance of all duties required by this Act or by such
637	resolution or trust agreement to be performed by the Authority
638	or by any officer thereof, including the fixing, charging, and
639	collecting of the rates, fees, and charges for the use of or for
640	the services and facilities furnished by any facilities.
641	Section 16. The Authority is hereby authorized to issue
642	from time to time refunding bonds for the purpose of refunding
643	any bonds of the Authority then outstanding, including the
644	payment of any redemption premium thereon and any interest
645	accrued or to accrue to the date of redemption of such bonds.
646	The Authority is further authorized to issue from time to time
647	bonds of the Authority for the combined purpose of:
648	(a) Refunding any bonds of the Authority then outstanding,
649	including the payment of any redemption premium thereon and any
650	interest accrued or to accrue to the date of redemption of such
651	bonds; and
652	(b) Paying all or any part of the cost of acquiring or
653	constructing any additional facilities or of any improvements.
654	The issuance of such bonds, the maturities and other details
655	thereof, the rights and remedies of the holders thereof, and the
656	rights, powers, privileges, duties, and obligation of the
657	Authority with respect to the same, shall be governed by the
658	foregoing provisions of this Act, insofar as the same may be
659	applicable.
660	Section 17. This Act shall be deemed to provide an
661	additional and alternative method for the doing of the things
662	authorized hereby and shall be regarded as supplemental and
663	additional to powers conferred by other laws, and shall not be
664	regarded as in derogation of or as repealing any powers now
665	existing under any other law, whether general, special, or
666	local, provided, however, that the issuance of revenue bonds or
667	refunding bonds under the provisions of this Act need not comply
668	with the requirements of any other law applicable to the
669	issuance of bonds.
670	Section 18. The erection of any new structures or the
671	alteration of any existing structures that would constitute a
672	hazard to air navigation affecting any facility operated by the
673	District as the same as defined by applicable federal laws, be
674	and the same is hereby prohibited.
675	Section 19. All other general, special, or local laws or
676	parts thereof inconsistent herewith are hereby declared to be
677	inapplicable to the provision of this Act and are repealed as
678	they affect the power and authority of the Titusville-Cocoa
679	Airport Authority to levy, assess, collect, and enforce ad
680	valorem taxes as set forth in this Act.
681	Section 20. The provisions of this Act are severable, and
682	if any of its provisions shall be held unconstitutional by any
683	Court of competent jurisdiction, the decision of such Court
684	shall not affect or impair any of the remaining provisions.
685	Section 21. As the facilities provided for herein are
686	essential to the economic welfare of the inhabitants of the
687	District, and will promote the economic, commercial, industrial,
688	and residential development of said District, and as the
689	exercise of the powers conferred by this Act to effect such
690	purposes constitutes the performance of essential public
691	functions, and as such facilities acquired or constructed under
692	the provisions of this Act will constitute public property used
693	for public purposes, no taxes or assessments shall be levied
694	upon any such facilities. The Legislature hereby finds that the
695	benefits to be derived by properties within the District are
696	equal to the taxes herein imposed, and that all properties
697	within the District shall derive benefits from the operations of
698	the Titusville-Cocoa Airport District.
699	Section 22. The Board of County Commissioners of Brevard
700	County, Florida, and the City of Titusville, Florida, are hereby
701	authorized to regulate the height of structures and natural
702	growth in the vicinity of airports, to create approach zones and
703	other zones for airports, and to adopt airport zoning
704	regulations for airport hazard areas. In adopting such airport
705	zoning regulations, the Board of County Commissioners and the
706	City of Titusville are authorized to make them applicable only
707	to lands within the Titusville-Cocoa Airport District or to the
708	county as a whole. The Board of County Commissioners is
709	authorized, at its option, to delegate the administration and
710	enforcement of said airport zoning law to the Titusville-Cocoa
711	Airport Authority or to such other administrative board as it
712	may choose.
713	Section 23. The following described real property acquired
714	by the Titusville-Cocoa Airport District pursuant to authority
715	granted the Titusville-Cocoa Airport Authority as governing body
716	of said District under Section 6(e) of this Charter shall be
717	used solely for public purposes:
718
719	A part of the E 1/2 of Section 32, Township 21 South,
720	Range 35 East, and a part of the South 30 acres of the
721	NW 1/4 of the SW 1/4 of Section 33, Township 21 South,
722	Range 35 East, all in Brevard County, Florida,
723	described as follows:
724
725	Commencing at the point of intersection of the North
726	line of the S 1/2 of the S 1/2 of the SW 1/4 of the NW
727	1/4 of said Section 32, and the East right-of-way line
728	of SINGLETON AVENUE, said point being the Southwest
729	corner of LUNA HEIGHTS, according to the plat thereof,
730	as recorded in Plat Book 18, Page 133, of the public
731	records of Brevard County, Florida, and said point
732	lying 167.98 feet North and 33 feet East of the
733	Northwest corner of the SW 1/4 of the NE 1/4 of said
734	Section 32; from said point of commencement run thence
735	along the boundary of said LUNA HEIGHTS, South 89
736	degrees 53 minutes 51 seconds East, a distance of 5.44
737	feet to the POINT OF BEGINNING of the lands herein
738	described; thence continue South 89 degrees 53 minutes
739	51 seconds East, 627.07 feet to the Northeast corner
740	of said S1/2 of the S 1/2 of the SW 1/4 of the NW 1/4
741	of the NE 1/4 of Section 32; thence North 0 degrees 09
742	minutes 24 seconds East, 167.44 feet to the Northwest
743	corner of the S 1/2 of the SE 1/4 of the NW 1/4 of the
744	NE 1/4 of said Section 32; thence South 89 degrees 53
745	minutes 06 seconds East, 665.58 feet to the Northeast
746	corner of the last mentioned parcel, being also the
747	Southeast corner of said LUNA HEIGHTS; thence South 0
748	degrees 14 minutes 34 seconds West, 335.62 feet to the
749	Southeast corner of said S 1/2 of the SE 1/4 of the NW
750	1/4 of the NE 1/4 of Section 32; thence South 89
751	degrees 52 minutes 58 seconds East along the North
752	line of the S 1/2 of the NE 1/4 of said Section 32, a
753	distance of 946.06 feet to a point; thence South 0
754	degrees 12 minutes 23 seconds West along the East line
755	of lands described in Deed Book 313, Page 101, a
756	distance of 645.00 feet; thence South 89 degrees 52
757	minutes 58 seconds East, 75.00 feet to the Northeast
758	of corner of lands described in Deed Book 343, page
759	143; thence South 0 degrees 12 minutes 23 seconds West
760	694.25 feet to an iron pipe at the Southeast corner
761	thereof, said point lying on the South line of the S
762	1/2 of the NE 1/4 of said Section 32; thence South 89
763	degrees 54 minutes 46 seconds East along said line,
764	112.732 feet to an iron pipe; thence South 0 degrees
765	05 minutes 19 seconds East, 330.00 feet; thence South
766	89 degrees 46 minutes 18 seconds East, 200.00 feet to
767	the Southeast corner of the East 200 feet of the South
768	330 feet of the NE 1/4 of the SE 1/4 of said Section
769	32; thence South 88 degrees 57 minutes 23 seconds
770	East, 483.73 feet to a point in the centerline of OLD
771	DIXIE HIGHWAY; thence along said centerline, South 8
772	degrees 57 minutes 23 seconds East, 126.15 feet to the
773	Point of Curvature of a circular curve concave
774	Northeasterly, having a radius of 320.11 feet; thence
775	Southeasterly along the arc of said curve through a
776	central angle of 34 degrees 52 minutes 38 seconds, a
777	distance of 194.86 feet to a point; thence South 89
778	degrees 54 minutes 41 seconds West, along the South
779	line of AIRPORT ROAD, 590.37 feet to a point on the
780	East line of the NE 1/4 of the SE 1/4 of said Section
781	32; thence South 0 degrees 05 minutes 19 seconds East
782	along said line, 699.10 feet to the Southeast corner
783	of said NE 1/4 of the SE 1/4 of Section 32; thence
784	North 89 degrees 40 minutes 23 seconds West along the
785	South line of the N 1/2 of the SE 1/4 of said Section
786	32, a distance of 2321.00 feet; thence North 0 degrees
787	19 minutes seconds East 170.00 feet; thence North 89
788	degrees 40 minutes 23 seconds West, 229.47 feet to a
789	point 117.60 feet East of the West line of the SE 1/4
790	of said Section 32; thence North 0 degrees 08 minutes
791	53 seconds East, parallel to said West line of the SE
792	1/4 of Section 32, and along the East right-of-way
793	line of SINGLETON AVENUE, as now located, 757.62 feet;
794	thence South 89 degrees 51 minutes 07 seconds East,
795	400.00 feet; thence North 0 degrees 08 minutes 53
796	seconds East, 225.00 feet; thence North 89 degrees 51
797	minutes 07 seconds West, 400.00 feet; thence North 0
798	degrees 08 minutes 53 seconds East along said East
799	line of SINGLETON AVENUE, 15.00 feet; thence South 89
800	degrees 51 minutes 07 seconds East, 400.00 feet;
801	thence North 0 degrees 08 minutes 53 Seconds East
802	808.23 feet; thence North 89 degrees 51 minutes 07
803	seconds West, 400.00 feet to a point 690 feet South of
804	the North line of the SW 1/4 of the NE 1/4 of said
805	Section 32; thence North 0 degrees 08 minutes 53
806	seconds East, along said East right-of-way line of
807	SINGLETON AVENUE, 290.00 feet to the Point of
808	Curvature of a circular curve concave Westerly having
809	a radius of 1633 feet, and a central angle of 14
810	degrees 10 minutes 48 seconds; thence Northerly along
811	the arc of said curve, 404.15 feet to the Point of
812	Reverse Curvature of a circular curve concave
813	Easterly, having a radius of 1142.15 feet, said point
814	lying on the North line of the SW 1/4 of the NE 1/4 of
815	said Section 32; thence Northerly along the arc of
816	said curve through a central angle of 8 degrees 33
817	minutes 40 seconds, a distance of 170.66 feet to the
818	POINT OF BEGINNING, less the right-of-way of OLD DIXIE
819	HIGHWAY. And less the parcel of land occupied by the
820	office and yard of District One, Brevard County Board
821	of County Commissioners, described as follows:
822
823	Commencing at the Northwest corner of the SW 1/4 of
824	the NE 1/4 of said Section 32, run thence South 89
825	degrees 52 minutes 58 seconds East along the North
826	line of said SW 1/4 of the NE 1/4, 1196.29 feet;
827	thence South degrees 42 minutes 30 seconds East 123.93
828	feet to the POINT OF BEGINNING of the lands herein
829	described; thence North 86 degrees 17 minutes 30
830	seconds East, 515.00 feet; thence South 3 degrees 42
831	minutes 30 seconds East 165.00 feet; thence South 86
832	degrees 17 minutes 30 seconds West 515.O0 feet; thence
833	North 3 degrees 42 minutes 30 seconds West 165.00 feet
834	to the Point of Beginning.
835
836	And Less a parcel of land described in Official
837	Records Book 686, page 431.
838
839	And in addition to the above, the right-of-way
840	described in Official Records Book 686, Page 432,
841	public records of Brevard County, Florida.
842
843	And less a parcel of land occupied by the NORTH
844	BREVARD ANIMAL SHELTER, described as follows:
845	Commencing at the Northwest corner of the SW 1/4 of
846	the NE 1/4 of said Section 32, run thence South 89
847	degrees 52 minutes 58 seconds East along the North
848	line of said SW 1/4 of the NE 1/4, 1196.29 feet;
849	thence South 3 degrees 42 minutes 30 seconds East,
850	123.93 feet to the Northwest corner of the land
851	occupied by the office and yard of DISTRICT ONE,
852	BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS; thence
853	North 86 degrees 17 minutes 30 seconds East along the
854	Northerly boundary of said lands occupied by the
855	office and yard of DISTRICT ONE, a distance of 515.00
856	feet to the POINT OF BEGINNING of the lands herein
857	described; thence continue North 86 degrees 17 minutes
858	30 seconds East, 175.00 feet; thence South 3 degrees
859	42 minutes 30 seconds East 165.00 feet; thence South
860	86 degrees 17 minutes 30 seconds West, 175.00 feet to
861	the Southeast corner of the aforementioned lands
862	occupied by DISTRICT ONE; thence North 3 degrees 42
863	minutes 30 seconds West along the East boundary of
864	said lands, 165.00 feet to the POINT OF BEGINNING.
865
866	No building or improvement may be constructed or erected on
867	said property which will impair or interfere with the use of the
868	property as a well field for public water supply.
869	Section 4. Except as specifically reenacted herein,
870	chapters 63-1143, 67-1151, 69-863, 70-600, 72-472, 80-457, 81-
871	348, 82-267, and 83-374, Laws of Florida, are repealed.
872	Section 5. This act shall take effect upon becoming a law.