Senate Bill sb2578c2

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    Florida Senate - 2003                    CS for CS for SB 2578

    By the Committees on Home Defense, Public Security, and Ports;
    Transportation; and Senator Sebesta




    318-2466-03

  1                      A bill to be entitled

  2         An act relating to aviation; creating s.

  3         332.14, F.S., the Secure Airports for Florida's

  4         Economy (SAFE) Act; creating the SAFE Council;

  5         specifying membership and duties; directing the

  6         council to produce a 5-year Master Plan of

  7         eligible projects; specifying project purposes;

  8         providing for annual plan updates and

  9         submission of plan; directing the Department of

10         Transportation, the Department of Law

11         Enforcement, the Department of Community

12         Affairs, and the Office of Tourism, Trade, and

13         Economic Development to serve on the council

14         and to evaluate the project proposals on

15         specific criteria; allowing the council to

16         expend federal, state, local, and private funds

17         on projects, as appropriate and subject to

18         legislative approval; providing for staff;

19         requiring monitoring; amending s. 332.007,

20         F.S.; authorizing airports to expend certain

21         funds for security purposes through a specified

22         date; providing an effective date.

23  

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

25  

26         Section 1.  This act may be cited as the "Secure

27  Airports for Florida's Economy ("SAFE") Act."

28         Section 2.  Section 332.14, Florida Statutes, is

29  created to read:

30         332.14  Secure Airports for Florida's Economy

31  Council.--

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    Florida Senate - 2003                    CS for CS for SB 2578
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 1         (1)  The Secure Airports for Florida's Economy (SAFE)

 2  Council is created within the Department of Transportation.

 3  The council shall consist of the following members: the

 4  airport director, or the airport director's designee, of each

 5  of the following airports: Daytona Beach International

 6  Airport, Gainesville Regional Airport, Ft.

 7  Lauderdale-Hollywood International Airport, Jacksonville

 8  International Airport, Key West International Airport,

 9  Melbourne International Airport, Miami International Airport,

10  Naples Municipal Airport, Okaloosa County Regional Airport,

11  Orlando International Airport, Orlando-Sanford International

12  Airport, Palm Beach County International Airport, Panama

13  City-Bay County International Airport, Pensacola Regional

14  Airport, Sarasota-Bradenton International Airport, Southwest

15  Florida International Airport, St. Petersburg-Clearwater

16  International Airport, Tallahassee Regional Airport, and Tampa

17  International Airport; the executive directors of two general

18  aviation airports appointed by the Florida Airports Council;

19  the Secretary of Transportation or his or her designee; the

20  executive director of the Department of Law Enforcement or his

21  or her designee; the director of the Office of Tourism, Trade,

22  and Economic Development or his or her designee; the Secretary

23  of Community Affairs or his or her designee; a representative

24  of the general aviation industry appointed by the Florida

25  Aviation Trades Association; and a representative of the

26  airline industry appointed by the Air Transport Association.

27         (2)  The council shall prepare a 5-year SAFE Master

28  Plan defining the goals and objectives of the council

29  concerning the development of airport facilities and an

30  intermodal transportation system consistent with the goals of

31  the Florida Transportation Plan developed pursuant to s.

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    Florida Senate - 2003                    CS for CS for SB 2578
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 1  339.155. The SAFE Master Plan shall include specific

 2  recommendations for:

 3         (a)  The acquisition and construction of transportation

 4  facilities connecting any airport to another transportation

 5  mode; and

 6         (b)  The acquisition and construction of transportation

 7  facilities or airport facilities for the purpose of protecting

 8  the safety and security of passengers and cargo, enhancing

 9  international trade, promoting cargo flow, increasing

10  enplanements, increasing airport revenues, and providing

11  economic benefits to the state. The council shall update the

12  5-year SAFE Master Plan annually and shall submit the plan no

13  later than February 1 of each year to the President of the

14  Senate; the Speaker of the House of Representatives; the

15  Office of Tourism, Trade, and Economic Development; the

16  Department of Transportation; the Department of Law

17  Enforcement; and the Department of Community Affairs. The

18  council shall develop programs, based on an examination of

19  existing programs in Florida and other states, for the

20  training of minorities and secondary school students in job

21  skills associated with employment opportunities in the

22  aviation industry, and report on progress and recommendations

23  for further action to the President of the Senate and the

24  Speaker of the House of Representatives annually.

25         (3)  The council may use, as appropriate and with

26  legislative spending authorization, any federal, state, and

27  local-government contributions, as well as private donations,

28  to fund its master mission plan projects.

29         (4)  The council shall adopt rules for evaluating

30  projects that may be funded under this act. The rules shall

31  provide criteria for evaluating the economic benefit of the

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    Florida Senate - 2003                    CS for CS for SB 2578
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 1  project, measured by the potential for the proposed project to

 2  maintain or increase airport security or enplanements, cargo

 3  flow, international commerce, airport revenues, and the number

 4  of jobs for the airport's local community.

 5         (5)  The council shall review and approve or disapprove

 6  each project eligible to be funded pursuant to the SAFE

 7  Program. The council shall annually submit to the Secretary of

 8  Transportation; the executive director of the Department of

 9  Law Enforcement; the director of the Office of Tourism, Trade,

10  and Economic Development; and the Secretary of Community

11  Affairs a list of projects that have been approved by the

12  council. The list shall specify the recommended funding level

13  for each project, and, if staged implementation of the project

14  is appropriate, the funding requirements for each stage shall

15  be specified.

16         (6)  The Department of Community Affairs shall review

17  the list of projects approved by the council to determine

18  consistency with approved local government comprehensive plans

19  of the units of local government in which each airport is

20  located and consistency with the airport master plan. The

21  Department of Community Affairs shall identify and notify the

22  council of those projects that are not consistent, to the

23  maximum extent feasible, with such comprehensive plans and

24  airport master plans.

25         (7)  The Department of Transportation shall review the

26  list of projects approved by the council for consistency with

27  the Florida Transportation Plan and the department's adopted

28  work program. In evaluating the consistency of a project, the

29  department shall determine whether the transportation impact

30  of the proposed project is adequately handled by existing

31  state-owned transportation facilities or by the construction

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    Florida Senate - 2003                    CS for CS for SB 2578
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 1  of additional state-owned transportation facilities as

 2  identified in the Florida Transportation Plan and the

 3  department's adopted work program. In reviewing for

 4  consistency a transportation facility project as defined in s.

 5  334.03(31) which is not otherwise part of the department's

 6  work program, the department shall evaluate whether the

 7  project is needed to provide for projected movement of cargo

 8  or passengers from the airport to a state transportation

 9  facility or local road. If the project is needed to provide

10  for projected movement of cargo or passengers, the project

11  shall be approved for consistency as a consideration to

12  facilitate the economic development and growth of the state in

13  a timely manner. The Department of Transportation shall

14  identify those projects that are inconsistent with the Florida

15  Transportation Plan and the adopted work program and shall

16  notify the council of projects found to be inconsistent.

17         (8)  The Department of Law Enforcement shall review the

18  list of projects approved by the council for consistency with

19  domestic security provisions of ss. 943.03101, 943.0311, and

20  943.0312. The Department of Law Enforcement shall identify

21  those projects that it has determined are inconsistent with

22  the state's strategic plan for domestic security and shall

23  notify the council of its findings.

24         (9)  The Office of Tourism, Trade, and Economic

25  Development, in consultation with Enterprise Florida, Inc.,

26  shall review the list of projects approved by the council to

27  evaluate the economic benefit of the project and to determine

28  whether the project is consistent with the SAFE Master Plan.

29  The Office of Tourism, Trade, and Economic Development shall

30  review the economic benefits of each project based upon the

31  rules adopted pursuant to subsection (4). The Office of

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    Florida Senate - 2003                    CS for CS for SB 2578
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 1  Tourism, Trade, and Economic Development shall identify those

 2  projects that it has determined do not offer an economic

 3  benefit to the state or are not consistent with the SAFE

 4  Master Plan and shall notify the council of its findings.

 5         (10)  The council shall review the findings of the

 6  Department of Community Affairs; the Office of Tourism, Trade,

 7  and Economic Development; the Department of Law Enforcement;

 8  and the Department of Transportation. Projects found to be

 9  inconsistent pursuant to subsections (6), (7), (8), and (9)

10  and projects that have been determined not to offer an

11  economic benefit to the state pursuant to subsection (9) shall

12  not be included in the list of projects to be funded.

13         (11)  The council shall adopt bylaws governing the

14  manner in which the business of the council shall be

15  conducted. The bylaws shall specify the procedure by which the

16  chairperson of the council is elected. The council shall meet

17  at the call of its chairperson, at the request of a majority

18  of its membership, or at such times as may be prescribed in

19  its bylaws. However, the council must meet at least

20  semiannually. A majority of voting members of the council

21  constitutes a quorum for the purpose of transacting the

22  business of the council. All members of the council are voting

23  members. A vote of the majority of the voting members present

24  is sufficient for any action of the council, except that a

25  member representing the Department of Transportation, the

26  Department of Community Affairs, the Department of Law

27  Enforcement, or the Office of Tourism, Trade, and Economic

28  Development may vote to overrule any action of the council

29  approving a project pursuant to subsection (5). The bylaws of

30  the council may require a greater vote for a particular

31  action.

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    Florida Senate - 2003                    CS for CS for SB 2578
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 1         (12)  Members of the council shall serve without

 2  compensation but are entitled to receive reimbursement for per

 3  diem and travel expenses as provided in s. 112.061. The

 4  council may elect to provide an administrative staff to

 5  provide services to the council on matters relating to the

 6  SAFE Program and the council. The cost for such administrative

 7  services shall be paid by all airports that receive funding

 8  from the SAFE Program, based upon a pro rata formula measured

 9  by each recipient's share of the funds as compared to the

10  total funds disbursed to all recipients during the year. The

11  share of costs for administrative services shall be paid in

12  its total amount by the recipient airport upon execution by

13  the airport and the Department of Transportation of a joint

14  participation agreement for each council-approved project, and

15  such payment is in addition to the matching funds required to

16  be paid by the recipient airport. Except as otherwise exempted

17  by law, all moneys derived from the SAFE Program shall be

18  expended in accordance with the provisions of s. 287.057.

19  Airports subject to competitive negotiation requirements of a

20  local governing body shall be exempt from this requirement.

21         (13)  Project funding expended pursuant to this act

22  shall be monitored for compliance with all applicable laws.

23         Section 3.  Subsection (8) of section 332.007, Florida

24  Statutes, is amended to read:

25         332.007  Administration and financing of aviation and

26  airport programs and projects; state plan.--

27         (8)  Notwithstanding any other provision of law to the

28  contrary, the department is authorized to provide operational

29  and maintenance assistance to publicly owned public-use

30  airports. Such assistance shall be to comply with enhanced

31  federal security requirements or to address related economic

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    Florida Senate - 2003                    CS for CS for SB 2578
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 1  impacts from the events of September 11, 2001. For projects in

 2  the current adopted work program, or projects added using the

 3  available budget of the department, airports may request the

 4  department change the project purpose in accordance with this

 5  provision notwithstanding the provisions of s. 339.135(7). For

 6  purposes of this subsection, the department may fund up to 100

 7  percent of eligible project costs that are not funded by the

 8  Federal Government. Prior to releasing any funds under this

 9  section, the department shall review and approve the

10  expenditure plans submitted by the airport. The department

11  shall inform the Legislature of any change that it approves

12  under this subsection. This subsection shall expire on June

13  30, 2007 2004.

14         Section 4.  This act shall take effect upon becoming a

15  law.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                     CS for Senate Bill 2578

19                                 

20  Directs the Department of Law Enforcement to serve on the
    Secure Airports for Florida's Economy Council and requires the
21  department to review projects approved by the council and
    notify the council about projects that are inconsistent with
22  the state's strategic plan for domestic security.

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