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| 1 | A bill to be entitled | ||
| 2 | An act relating to airport transportation facilities; | ||
| 3 | creating s. 332.14, F.S.; creating the "Secure Airports | ||
| 4 | for Florida's Economy Act" or "SAFE Act"; creating the | ||
| 5 | SAFE Council to recommend transportation facility projects | ||
| 6 | to the Legislature; providing for membership, | ||
| 7 | organization, and staff support; providing for a master | ||
| 8 | plan of goals and objectives and specific project | ||
| 9 | recommendations; providing for annual plan updates and | ||
| 10 | submission of plan; providing for project review by the | ||
| 11 | Department of Transportation, the Department of Community | ||
| 12 | Affairs, and the Office of Tourism, Trade, and Economic | ||
| 13 | Development; providing criteria for such reviews; | ||
| 14 | providing for certain costs and expenditure of described | ||
| 15 | funds; providing for joint participation agreements to be | ||
| 16 | executed by the airport and the Department of | ||
| 17 | Transportation for projects; requiring monitoring; | ||
| 18 | providing an effective date. | ||
| 19 | |||
| 20 | Be It Enacted by the Legislature of the State of Florida: | ||
| 21 | |||
| 22 | Section 1. Section 332.14, Florida Statutes, is created to | ||
| 23 | read: | ||
| 24 | 332.14 Secure Airports for Florida's Economy Council.-- | ||
| 25 | (1) This section shall be known by the popular name the | ||
| 26 | "Secure Airports for Florida's Economy Act" or the "SAFE Act." | ||
| 27 | (2) The Secure Airports for Florida's Economy (SAFE) | ||
| 28 | Council is created within the Department of Transportation. The | ||
| 29 | council shall consist of the following 25 members: | ||
| 30 | (a) The airport director, or his or her designee, of each | ||
| 31 | of the following airports: | ||
| 32 | 1. Daytona Beach International Airport. | ||
| 33 | 2. Ft. Lauderdale-Hollywood International Airport. | ||
| 34 | 3. Gainesville Regional Airport. | ||
| 35 | 4. Jacksonville International Airport. | ||
| 36 | 5. Key West International Airport. | ||
| 37 | 6. Melbourne International Airport. | ||
| 38 | 7. Miami International Airport. | ||
| 39 | 8. Naples Municipal Airport. | ||
| 40 | 9. Okaloosa County Regional Airport. | ||
| 41 | 10. Orlando International Airport. | ||
| 42 | 11. Orlando-Sanford International Airport. | ||
| 43 | 12. Palm Beach County International Airport. | ||
| 44 | 13. Panama City-Bay County International Airport. | ||
| 45 | 14. Pensacola Regional Airport. | ||
| 46 | 15. Sarasota-Bradenton International Airport. | ||
| 47 | 16. Southwest Florida International Airport. | ||
| 48 | 17. St. Petersburg-Clearwater International Airport. | ||
| 49 | 18. Tallahassee Regional Airport. | ||
| 50 | 19. Tampa International Airport. | ||
| 51 | (b) The executive directors of two general aviation | ||
| 52 | airports appointed by the Florida Airports Council. | ||
| 53 | (c) The secretary of the Department of Transportation or | ||
| 54 | his or her designee. | ||
| 55 | (d) The director of the Office of Tourism, Trade, and | ||
| 56 | Economic Development or his or her designee. | ||
| 57 | (e) The secretary of the Department of Community Affairs | ||
| 58 | or his or her designee. | ||
| 59 | (f) A representative of the airline industry appointed by | ||
| 60 | the Air Transport Association. | ||
| 61 | (3) Members of the council shall serve without | ||
| 62 | compensation but are entitled to receive reimbursement for per | ||
| 63 | diem and travel expenses as provided in s. 112.061. The council | ||
| 64 | may elect to hire an administrative staff to provide services to | ||
| 65 | the council on matters relating to the SAFE Act and the council. | ||
| 66 | (4) The council shall adopt bylaws governing the manner in | ||
| 67 | which the business of the council will be conducted. The bylaws | ||
| 68 | shall specify the procedure by which the chair of the council is | ||
| 69 | elected. The council shall meet at the call of its chair, at the | ||
| 70 | request of a majority of its membership, or at such times as may | ||
| 71 | be prescribed in its bylaws. However, the council must meet at | ||
| 72 | least twice a year. All members of the council are voting | ||
| 73 | members. A majority of voting members of the council constitutes | ||
| 74 | a quorum for the purpose of transacting the business of the | ||
| 75 | council. A vote of the majority of the members present is | ||
| 76 | sufficient for any action of the council, except that a member | ||
| 77 | representing the Department of Transportation, the Department of | ||
| 78 | Community Affairs, or the Office of Tourism, Trade, and Economic | ||
| 79 | Development may vote to overrule any action of the council | ||
| 80 | approving a project pursuant to paragraph (7)(a). The bylaws of | ||
| 81 | the council may require a greater vote for a particular action. | ||
| 82 | (5)(a) The council shall prepare a 5-year SAFE Master Plan | ||
| 83 | defining the goals and objectives of the council concerning the | ||
| 84 | development of airport facilities and an intermodal | ||
| 85 | transportation system consistent with the goals of the Florida | ||
| 86 | Transportation Plan developed pursuant to s. 339.155. The SAFE | ||
| 87 | Master Plan shall include specific recommendations for: | ||
| 88 | 1. The acquisition and construction of transportation | ||
| 89 | facilities connecting any airport to another transportation | ||
| 90 | mode. | ||
| 91 | 2. The acquisition and construction of transportation | ||
| 92 | facilities or airport facilities for the purpose of protecting | ||
| 93 | the safety and security of passengers and cargo, enhancing | ||
| 94 | international trade, promoting cargo flow, increasing | ||
| 95 | enplanements, increasing airport revenues, and providing | ||
| 96 | economic benefits to the state. | ||
| 97 | (b) The council shall update the 5-year SAFE Master Plan | ||
| 98 | annually and shall submit the plan, no later than February 1 of | ||
| 99 | each year, to the President of the Senate, the Speaker of the | ||
| 100 | House of Representatives, the Department of Transportation, the | ||
| 101 | Department of Community Affairs, and the Office of Tourism, | ||
| 102 | Trade, and Economic Development. | ||
| 103 | (6) The council shall develop programs, based on an | ||
| 104 | examination of existing programs in Florida and other states, | ||
| 105 | for the training of minorities and secondary school students in | ||
| 106 | job skills associated with employment opportunities in the | ||
| 107 | aviation industry. Annually, the council shall report on the | ||
| 108 | progress of these programs and make recommendations for further | ||
| 109 | action to the President of the Senate and the Speaker of the | ||
| 110 | House of Representatives. | ||
| 111 | (7) The SAFE council may utilize, as appropriate and with | ||
| 112 | legislative spending authorization, any federal, state, and | ||
| 113 | local government contributions as well as private donations to | ||
| 114 | fund SAFE Master Plan projects. | ||
| 115 | (a) The council shall adopt rules for evaluating projects | ||
| 116 | which may be funded under this act. The rules shall provide | ||
| 117 | criteria for evaluating the economic benefit of the project, | ||
| 118 | measured by the potential for the proposed project to maintain | ||
| 119 | or increase airport security, enplanements, cargo flow, | ||
| 120 | international commerce, airport revenues, and the number of jobs | ||
| 121 | for the airport's local community. | ||
| 122 | (b) The council shall review and approve or disapprove | ||
| 123 | each project eligible to be funded pursuant to this act. The | ||
| 124 | council shall annually submit a list of projects which have been | ||
| 125 | approved by the council to the Secretary of Transportation, the | ||
| 126 | Secretary of Community Affairs, and the director of the Office | ||
| 127 | of Tourism, Trade, and Economic Development. The list shall | ||
| 128 | specify the recommended funding level for each project, and, if | ||
| 129 | staged implementation of the project is appropriate, the funding | ||
| 130 | requirements for each stage shall be specified. | ||
| 131 | 1. The Department of Community Affairs shall review the | ||
| 132 | list of projects approved by the council to determine | ||
| 133 | consistency with approved local government comprehensive plans | ||
| 134 | of the units of local government in which the airport is located | ||
| 135 | and consistency with the airport master plan. The Department of | ||
| 136 | Community Affairs shall identify and notify the council of those | ||
| 137 | projects which are not consistent, to the maximum extent | ||
| 138 | feasible, with such comprehensive plans and airport master | ||
| 139 | plans. | ||
| 140 | 2. The Department of Transportation shall review the list | ||
| 141 | of projects approved by the council for consistency with the | ||
| 142 | Florida Transportation Plan and the department's adopted work | ||
| 143 | program. In evaluating the consistency of a project, the | ||
| 144 | department shall determine whether the transportation impact of | ||
| 145 | the proposed project is adequately handled by existing state- | ||
| 146 | owned transportation facilities or by the construction of | ||
| 147 | additional state-owned transportation facilities as identified | ||
| 148 | in the Florida Transportation Plan and the department's adopted | ||
| 149 | work program. In reviewing for consistency a transportation | ||
| 150 | facility project as defined in s. 334.03(31) which is not | ||
| 151 | otherwise part of the department's work program, the department | ||
| 152 | shall evaluate whether the project is needed to provide for | ||
| 153 | projected movement of cargo or passengers from the airport to a | ||
| 154 | state transportation facility or local road. If the project is | ||
| 155 | needed to provide for projected movement of cargo or passengers, | ||
| 156 | the project shall be approved for consistency as a consideration | ||
| 157 | to facilitate the economic development and growth of the state | ||
| 158 | in a timely manner. The department shall identify those projects | ||
| 159 | which are inconsistent with the Florida Transportation Plan and | ||
| 160 | the adopted work program and shall notify the council of | ||
| 161 | projects found to be inconsistent. | ||
| 162 | 3. The Office of Tourism, Trade, and Economic Development, | ||
| 163 | in consultation with Enterprise Florida, Inc., shall review the | ||
| 164 | list of projects approved by the council to evaluate the | ||
| 165 | economic benefit of the project and to determine whether the | ||
| 166 | project is consistent with the SAFE Master Plan. The Office of | ||
| 167 | Tourism, Trade, and Economic Development shall review the | ||
| 168 | economic benefits of each project based upon the rules adopted | ||
| 169 | pursuant to paragraph (a). The Office of Tourism, Trade, and | ||
| 170 | Economic Development shall identify those projects which it has | ||
| 171 | determined do not offer an economic benefit to the state or are | ||
| 172 | not consistent with the SAFE Master Plan and shall notify the | ||
| 173 | council of its findings. | ||
| 174 | (8) The council shall review the findings of the | ||
| 175 | Department of Community Affairs, the Department of | ||
| 176 | Transportation, and the Office of Tourism, Trade, and Economic | ||
| 177 | Development. Projects found to be inconsistent by the review | ||
| 178 | process under subparagraphs (7)(b)1.-3. and projects which have | ||
| 179 | been determined not to offer an economic benefit to the state by | ||
| 180 | the review process under subparagraph (7)(b)3. shall be removed | ||
| 181 | from the list of projects to be funded. | ||
| 182 | (9) The cost for administrative services of the council | ||
| 183 | shall be paid by all airports that receive funding under the | ||
| 184 | SAFE Act, based upon a pro rata formula measured by each | ||
| 185 | recipient's share of the funds as compared to the total funds | ||
| 186 | disbursed to all recipients during the year. The share of costs | ||
| 187 | for administrative services shall be paid in its total amount by | ||
| 188 | the recipient airport upon execution by the airport and the | ||
| 189 | Department of Transportation of a joint participation agreement | ||
| 190 | for each council-approved project, and such payment is in | ||
| 191 | addition to the matching funds required to be paid by the | ||
| 192 | recipient airport. | ||
| 193 | (10) Except as otherwise exempted by law, all moneys | ||
| 194 | derived from the SAFE programs shall be expended in accordance | ||
| 195 | with the provisions of s. 287.057. Airports subject to | ||
| 196 | competitive negotiation requirements of a local governing body | ||
| 197 | are exempt from this requirement. | ||
| 198 | (11) Project funding expended pursuant to this act shall | ||
| 199 | be monitored for compliance with all applicable laws. | ||
| 200 | Section 2. This act shall take effect upon becoming a law. | ||