Senate Bill sb2860

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2860

    By Senators Sebesta, Lee, Miller and Crist





    16-581-03                                          See HB 1383

  1                      A bill to be entitled

  2         An act relating to the Hillsborough County

  3         Aviation Authority; codifying, reenacting, and

  4         amending the Authority's special acts; removing

  5         gender specific language; providing a short

  6         title; providing that the act is a reviser;

  7         deleting provisions which have expired, have

  8         had their effect, have served their purpose, or

  9         have been impliedly repealed or superseded;

10         replacing incorrect cross-references and

11         citations; correcting grammatical,

12         typographical, and like errors; removing

13         inconsistencies and redundancies; improving

14         clarity and facilitating correct

15         interpretation; providing for compliance with

16         federal law in the expenditure of federal

17         moneys; providing for the rights of employees;

18         providing the act is an additional,

19         alternative, and complete method for the

20         exercise of powers by the Authority; providing

21         a declaration of findings relating to Authority

22         facilities and concessions; providing

23         definitions; providing the purpose of the

24         Authority; providing for members of the

25         Authority, their procedures, and for removal;

26         providing mandatory and discretionary powers

27         and adding discretionary powers which are

28         standard business practices of independent

29         special districts not previously enumerated;

30         providing for alcoholic beverage licenses owned

31         by the Authority and for others operating on

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         Authority property; providing for county and

 2         municipal powers and responsibilities and for

 3         private ownership transfers; providing for

 4         bonds and clarifying that terms of the bonds

 5         may be contained in bond documents; providing

 6         for bondholder rights and clarifying that

 7         bondholder rights may be contained in bond

 8         documents; providing for the award of

 9         contracts; providing for the legal effects of

10         the acquisition of property or rights therein

11         and for the sale of bonds; providing for an ad

12         valorem tax; prohibiting the use of the taxing

13         power of the state; providing for a covenant of

14         the state; providing for an exemption from

15         taxation; prohibiting discriminatory practices;

16         providing for recodification; providing for

17         grammatical usage; providing for severability;

18         repealing chapters 23339 (1945), 24579 (1947),

19         27599 (1951), 57-1379, 59-1356, 61-2261,

20         61-2263, 67-1474, 72-561, 74-496, 75-388,

21         75-398, 75-401, 83-424, and 96-455, Laws of

22         Florida, relating to the Authority; providing a

23         savings clause; providing an effective date.

24  

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

26  

27         Section 1.  Pursuant to section 189.429, Florida

28  Statutes, this act constitutes the codification of all special

29  acts relating to the Hillsborough County Aviation Authority.

30  It is the intent of the Legislature in enacting this law to

31  provide a single, comprehensive special act charter for the

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  Authority, including all current legislative authority granted

 2  to the Authority by its several legislative enactments and any

 3  additional authority granted by this act.

 4         Section 2.  Chapters 23339 (1945), 24579 (1947), 27599

 5  (1951), 57-1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561,

 6  74-496, 75-388, 75-398, 75-401, 83-424, and 96-455, Laws of

 7  Florida, relating to the Hillsborough County Aviation

 8  Authority, are codified, reenacted, amended, and repealed as

 9  herein provided.

10         Section 3.  The charter for the Hillsborough County

11  Aviation Authority is re-created and reenacted to read:

12         Section 1.  Short title.--This act shall be known as

13  the "Hillsborough County Aviation Authority Act."

14         Section 2.  General Provisions.--

15         (1)  It is the intent of the Legislature that this act

16  supersede chapter 23339 (1945), 24579 (1947), 27599 (1951),

17  57-1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561, 74-496,

18  75-388, 75-398, 75-401, 83-424, and 96-455, Laws of Florida,

19  relating to the Hillsborough County Aviation Authority, and is

20  a codification, a compilation of previously existing

21  legislation relating to the Authority.

22         (2)  The codification is also to act as a reviser's

23  bill, deleting provisions which have expired, have had their

24  effect, have served their purpose, or have been impliedly

25  repealed or superseded; replacing incorrect cross references

26  and citations, correcting grammatical, typographical, and like

27  errors; removing inconsistencies and redundancies; and

28  improving clarity and facilitating correct interpretation. It

29  is the intent of the Legislature to define frequently used

30  terms and to reflect standard business practices required for

31  

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  an independent special district to conduct its business which

 2  have not been previously enumerated.

 3         (3)  The Authority shall comply with federal law

 4  regarding expenditure of federal moneys.

 5         (4)  This act shall not be construed as impairing or

 6  infringing upon any rights, privileges, or benefits enjoyed by

 7  any employee of the Authority who is so employed on the

 8  effective date of this act.

 9         (5)  The members and employees of the Authority shall

10  comply with part III of chapter 112, Florida Statutes, as may

11  be amended from time to time.

12         (6)  This act provides an additional, alternative, and

13  complete method for the exercise of the powers granted

14  and  authorized by this act and shall be regarded as

15  supplemental to powers conferred by other laws and shall not

16  be regarded as a derogation of any powers now existing.

17         (7)  Regarding the airport facilities and concessions,

18  the Legislature finds and declares:

19         (a)  The proper operation of the publicly owned or

20  operated airports in the county is essential to the welfare of

21  the people of the Tampa Bay area, the state, and its people.

22         (b)  The publicly owned or operated airports in the

23  county establish a vital transportation link between the state

24  and the economic systems of the nation and the world and

25  enable the state to enjoy and provide the benefits of an

26  international tourist and commercial center.

27         (c)  The economic validity and stability of the

28  publicly owned or operated airports in the county is a matter

29  of statewide importance.

30         (d)  The policy of this state is to promote the

31  development of commerce and tourism to secure to the people of

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  this state the benefits of those activities conducted in the

 2  state.

 3         (e)  The proper operation of the publicly owned or

 4  operated airports in the county is essential to the welfare of

 5  the state and its people, and the Legislature recognizes and

 6  affirms such operation as a governmental function to be

 7  discharged in furtherance of the policy of securing the

 8  benefits of commerce and tourism for the state and its people.

 9         (f)  The Authority shall manage airport facilities and

10  grant airport concessions to further the development of

11  commerce and tourism in or affecting the Tampa Bay area and

12  the state.  In managing its facilities and granting

13  concessions for services to the public, the Authority shall

14  promote the development of commerce and tourism by:

15         1.  Securing a diversity of airport services.

16         2.  Avoiding wasteful duplication of such services.

17         3.  Securing to the users of airports safe, courteous,

18  and quality service.

19         4.  Limiting or prohibiting business competition which

20  is destructive to the ends of promoting commerce and tourism

21  in the state.

22         5.  Allocating limited airport resources to promote

23  such ends.

24         6.  Fostering Florida's image as a commercial and

25  tourist center.  

26         Section 3.  Definitions.--As used in this act, unless

27  otherwise specifically defined or unless another intention

28  clearly appears:

29         (1)  "Advertisement" means a notice published at least

30  once a week for 2 consecutive weeks in at least two newspapers

31  

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  of general circulation in the county, as defined in general

 2  law, selected by the Authority.

 3         (2)  "Air navigation" means the operation or navigation

 4  of aircraft in the air space over the county or upon any

 5  airport or restricted landing area within the county.

 6         (3)  "Air navigation facility" means any facility used

 7  in, available for use in, or designed for use in aid of air

 8  navigation, including airports, restricted landing areas, and

 9  any structures, mechanisms, lights, beacons, marks,

10  communicating systems, or other instrumentalities or devices

11  used or useful as an aid or constituting an advantage or

12  convenience to the safe taking off, navigation, and landing of

13  aircraft or the safe and efficient operation or maintenance of

14  an airport or restricted landing area, and any combination of

15  any or all of such facilities.

16         (4)  "Airport" means any area of land or water which is

17  designed for the landing and taking off of aircraft, whether

18  or not facilities are provided for the shelter, servicing, or

19  repair of aircraft or for receiving, servicing, and

20  discharging passengers or cargo, all appurtenant areas used or

21  suitable for airport buildings or other airport facilities,

22  and all appurtenant rights-of-way.

23         (5)  "Airports and other aviation facilities and

24  facilities related thereto and any portion thereof" means and

25  includes airports, buildings, structures, terminal buildings,

26  parking garages and lots, space, hangars, lands, warehouses,

27  shops, hotels, other aviation facilities of any kind or

28  nature, or any other facilities of any kind or nature related

29  to or connected with said airports and other aviation

30  facilities which the Authority is authorized by law to

31  construct, acquire, own, lease, or operate, together with all

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  fixtures, equipment, and property, real or personal, tangible

 2  or intangible, necessary, appurtenant, or incidental thereto.

 3         (6)  "Airport purposes" means and includes airport,

 4  restricted landing area, and other air navigation facility

 5  purposes.

 6         (7)  "Authority" means the Hillsborough County Aviation

 7  Authority.

 8         (8)  "Authority facility" means an airport, airports

 9  and other aviation facilities and facilities related thereto

10  and any portion thereof, air navigation facilities, and

11  special purpose facilities and any portion thereof.

12         (9)  "Board" means the Board of County Commissioners of

13  Hillsborough County.

14         (10)  "Bond" means notes, bonds, certificates,

15  refunding bonds, and other obligations.

16         (11)  "Clerk" means Clerk of the Court of Hillsborough

17  County.

18         (12)  "County" means the County of Hillsborough.

19         (13)  "Division" means the Florida Department of

20  Business and Professional Regulation, Division of Alcoholic

21  Beverages and Tobacco or any successor agency.

22         (14)  "Federal" or "Federal Government" means the

23  United States government, the President of the United States,

24  and any department, corporation, commission, agency, or other

25  instrumentality thereof.

26         (15)  "Governor" means the Governor of the State of

27  Florida.

28         (16)  "Instrument" means a formal or legal document in

29  writing, such as a contract, deed, bond, lease, or mortgage.

30  

31  

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (17)  "Members" means the governing body of the

 2  Authority, and the term "member" means one of the individuals

 3  constituting such governing body.

 4         (18)  "Municipality" means a municipality created

 5  pursuant to general or special law authorized or recognized

 6  pursuant to s. 2 or s. 6, Art. VIII of the State Constitution

 7  and located in the county.

 8         (19)  "Officer of the Authority" means a member who has

 9  been elected by the other members to serve as the Chairperson,

10  Vice Chairperson, Secretary, Treasurer, or Assistant Secretary

11  and Treasurer.

12         (20)  "Person" means any individual, firm, partnership,

13  corporation, company, association, joint stock association, or

14  body politic and includes any trustee, receiver, assignee, or

15  other similar representative thereof.

16         (21)  "Policy" means a general principle adopted by the

17  members and by which the Authority conducts its internal

18  governance.

19         (22)  "Regulation" means the same as "rule" as defined

20  by this act and may be used interchangeably with the word

21  "rule."

22         (23)  "Resolution" means a formal, written expression

23  of an action adopted by the members.

24         (24)  "Revenues" means rates, fees, grants, receipts,

25  charges, and other moneys acquired through all sources by the

26  Authority and interest income thereon.

27         (25)  "Rule" means each statement of general

28  applicability adopted by the members that implements,

29  interprets, or prescribes law or policy or describes the

30  procedure or practice requirements of the Authority and

31  includes any form which imposes any requirement or solicits

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  any information not specifically required by statute or by an

 2  existing rule and may be used interchangeably with the word

 3  "regulation."

 4         (26)  "Special purpose facilities and any portion

 5  thereof" means facilities related to or to be used in

 6  connection with the airports and other aviation facilities of

 7  the Authority and located on lands at or adjacent to the

 8  airports and other aviation facilities under the control,

 9  management, and jurisdiction of the Authority and includes all

10  property, structures, rights, easements, and franchises

11  relating thereto and deemed necessary or convenient therefor.

12         (27)  "Standard procedure" means the method and manner

13  established or approved by the executive director or a

14  designee of the executive director that implements policy for

15  the day-to-day management of the Authority's operations.

16         (28)  "State government" means the government of the

17  State of Florida, the Governor, and any department,

18  commission, corporation, agency, or other instrumentality

19  thereof.

20         (29)  "Surplus fund" means an unrestricted fund

21  established by the Authority into which certain revenues of

22  the Authority may be deposited on a monthly or more frequent

23  basis after payment, or provision for payment, of all current

24  expenses pursuant to its then-applicable budget and after all

25  deposits have been made as required under its indentures,

26  trust agreements, and other contracts.

27         (30)  "TIA" means Tampa International Airport.

28         Section 4.  Creation; purpose.--

29         (1)  The Hillsborough County Aviation Authority is

30  created, and the powers granted by this act are declared to be

31  public and governmental functions, exercised for public

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  purposes, and are matters of public necessity. Lands and other

 2  real and personal property, easements, and privileges acquired

 3  and used by the Authority are declared to have been acquired

 4  for and used for public and governmental purposes and as a

 5  matter of public necessity. The Authority is a public body

 6  corporate and is an independent special district.

 7         (2)  The Authority has exclusive jurisdiction, control,

 8  supervision, and management over all airports in the county

 9  and each municipality, except any airport owned, controlled,

10  and operated by a private person. Said jurisdiction, control,

11  supervision, and management are in the best interest of the

12  county and each municipality.

13         Section 5.  Membership.--

14         (1)  The Authority shall consist of five members: one

15  member who is the Mayor of the City of Tampa, ex officio; one

16  member who is a member of and selected by the Board, ex

17  officio; and three members who are appointed by the Governor.

18  No member shall receive any compensation for services as a

19  member. Each member appointed by the Governor shall be

20  appointed for a term of 4 years. The Board shall appoint one

21  of its members annually at the time of its organizational

22  session who shall serve until its next annual appointment,

23  provided that he or she continues to serve as a county

24  commissioner during that time. Each member shall qualify by

25  taking an oath to faithfully perform the duties of the office,

26  and the oath shall be filed with the clerk. To be eligible for

27  appointment as a member of the Authority by the Governor, the

28  person appointed must be a resident and citizen of the county

29  and may not be employed by or be an elected official of the

30  county or municipality. Each member may continue to serve

31  until a successor has been commissioned.

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (2)  A majority of the members constitutes a quorum.

 2         (3)  The Governor has the power to remove any member

 3  for good cause. Within 15 days after any vacancy occurs a

 4  successor shall be appointed in the same manner as that member

 5  for which a vacancy has occurred and shall serve for the

 6  unexpired term of his or her predecessor.

 7         Section 6.  Powers.--

 8         (1)  The Authority has the power to and shall:

 9         (a)  Elect officers as follows: one member as

10  Chairperson, one member as Vice Chairperson, one member as

11  Secretary, one member as Treasurer, and one member as

12  Assistant Secretary and Assistant Treasurer, each of whom

13  shall hold office for 2 years with new elections being held

14  after any gubernatorial appointee has been commissioned.

15         (b)  Approve, file with the clerk, and pay any surety

16  bond required of any member and any employee of the Authority.

17         (c)  Exclusively control, supervise, and manage all

18  airports in the county and each municipality, except any

19  airport owned, controlled, or operated by a private person.

20         (d)  Advertise for sealed bids when required by law;

21  provided, however, the Authority may reject all bids and

22  readvertise or select a single item from any bid as further

23  provided in this act.

24         (e)  Adopt before October 1 an annual budget which has

25  been prepared by the executive director and which must include

26  an estimate of all revenues and anticipated expenditures for

27  the following fiscal year.

28         (f)  Require in all bond documents that moneys derived

29  from such bonds be paid to or upon order of the Authority.

30         (g)  Have the Authority's finances audited in the same

31  manner as other independent special districts are audited.

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (2)  The Authority has the power to and may:

 2         (a)  Rely on the provisions of this act, without

 3  reference to other laws, in exercising its powers.

 4         (b)  Establish and maintain such airports in, over, and

 5  upon any public waters of this state within the limits of

 6  jurisdiction of, or bordering on any municipality, any

 7  submerged land under such public waters, and any artificial or

 8  reclaimed land which, before the artificial making or

 9  reclamation thereof, constituted a portion of the submerged

10  land under such public waters.

11         (c)  Construct and maintain terminal buildings, landing

12  floats, causeways, roadways, bridges for approach to or

13  connecting with the airport, and land floats and breakwaters

14  for the protection of any such airport.

15         (d)  Require the Treasurer and other officers or

16  employees of the Authority to execute an adequate surety bond,

17  conditioned upon the faithful performance of the duties of the

18  office or employment and in a penal sum fixed by the

19  Authority.

20         (e)  Establish positions, duties, and a pay plan, and

21  employ, pay, provide benefits for, promote, discipline, and

22  terminate personnel, including law enforcement officers with

23  full police powers and an Executive Director, formerly known

24  as the Director of Aviation, who shall be responsible for the

25  day-to-day administration, management, and operation of the

26  Authority in accordance with policy established by the members

27  and perform other duties as may be authorized by the members.

28         (f)  By policy or resolution, authorize the Executive

29  Director to perform any of the powers of the Authority in

30  whole or in part and with whatever other limitations it may

31  find appropriate, provided that said authorization does not

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  result in an invalid exercise of delegated legislative

 2  authority as defined in general law.

 3         (g)  Employ or contract with technical and professional

 4  experts necessary to assist the Authority in carrying out or

 5  exercising any powers granted by this act.

 6         (h)  Reimburse for all travel expenses incurred while

 7  on business for the Authority, upon requisition, any member,

 8  its attorneys, the Executive Director, and any employee of the

 9  Authority traveling under the direction of the Executive

10  Director or the Executive Director's designee in accordance

11  with the Authority's policies.

12         (i)  Create, appoint, and prescribe the duties of any

13  committee.

14         (j)  Sue and be sued.

15         (k)  Adopt, use, and alter a corporate seal.

16         (l)  Publish advertisements.

17         (m)  Waive advertisement when the Authority determines

18  an emergency exists and supplies and materials must be

19  immediately acquired by the Authority.

20         (n)  Negotiate and enter into contracts, agreements,

21  exclusive or limited agreements, and cooperation agreements of

22  any kind necessary for the Authority to fulfill the purposes

23  of this act.

24         (o)  Include contract specifications maximizing the

25  employment of persons whose protected group has been

26  underutilized in the past.

27         (p)  Enter into exclusive or limited agreements with a

28  single operator or a limited number of operators. The

29  Authority shall grant exclusive or limited agreements to

30  displace business competition by rule or policy whenever the

31  Authority determines, in consideration of the factors set

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  forth below, that any such agreement is necessary to further

 2  the purposes of this act.  Before entering into any exclusive

 3  or limited agreement, the Authority shall, under authority

 4  expressly delegated by the state, determine the necessity for

 5  such an exclusive or limited agreement to further the policies

 6  and objectives stated in this act, which include public

 7  safety, public convenience, quality of service, the need to

 8  conserve airport space, the need to avoid duplication of

 9  services, the impact on the environment or facilities of the

10  airport as an essential commercial and tourist service center,

11  and the need to avoid destructive competition which may impair

12  the quality of airport services to the public, lead to

13  uncertainty, disruption, or instability in the rendering of

14  such services, or detract from the Tampa Bay area and the

15  state's attractiveness as a center of tourism and commerce. In

16  making its determination, the Authority shall take evidence or

17  make findings of fact and establish such policies it deems

18  necessary. Nothing in this paragraph shall excuse the

19  Authority from complying with applicable state or local

20  requirements for competitive bidding or public hearings which

21  may be required prior to awarding or entering into any

22  contract or other agreement.

23         (q)  Provide for the manual execution of any instrument

24  on behalf of the Authority by the signature of the Chairperson

25  or Vice Chairperson, and attested to by the Secretary or the

26  Assistant Secretary or, if delegated by the members to do so,

27  the Executive Director or any other Authority personnel to

28  whom authority has been delegated, or by their facsimile

29  signature in accordance with the Uniform Facsimile Signature

30  of Public Officials Act.

31  

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (r)  Purchase and sell equipment, supplies, and

 2  services required for its purposes.

 3         (s)  Sell, lease, transfer, dispose of, or grant a

 4  lesser interest in any of its properties.

 5         (t)  Dispose of tangible personal property in

 6  accordance with chapter 274, Florida Statutes, as may be

 7  amended from time to time.

 8         (u)  Grant concessions.

 9         (v)  Advertise, promote, and encourage the use and

10  expansion of facilities under its jurisdiction.

11         (w)  Enact airport zoning regulations in accordance

12  with chapter 333, Florida Statutes, as may be amended from

13  time to time, to ensure the safe operation of airports under

14  its jurisdiction; however, any such airport zoning regulations

15  may not affect the zoning use regulations imposed by the

16  county or any municipality.

17         (x)  Issue a written permit, before the county or any

18  municipality issues a building permit and upon request of the

19  affected local government in accordance with the provisions of

20  this act, that any construction proposed on land affected by

21  airport zoning regulations conforms to airport zoning

22  regulations.

23         (y)  Acquire, own, construct, install, maintain, and

24  operate Authority facilities by purchase, gift, devise, lease,

25  or any other means, including by eminent domain in accordance

26  with chapters 73 and 74, Florida Statutes, as may be amended

27  from time to time. For the purposes of making surveys and

28  examinations relative to any condemnation proceedings, the

29  Authority may lawfully enter upon any land, doing no

30  unnecessary damage. The Authority may take possession of

31  property to be acquired by condemnation at any time after the

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  filing of the petition describing the same in condemnation

 2  proceedings as provided in general law. The Authority is not

 3  precluded from abandoning the condemnation of any such

 4  property in any case where possession has not been taken.

 5         (z)  Reimburse the owner of any structure for which the

 6  Authority may require removal, relocation, or reconstruction

 7  located in, on, under, or across any private property, public

 8  street, highway, or other public or private places for the

 9  estimated or actual expense of the removal, relocation, or

10  reconstruction.

11         (aa)  Supplement and coordinate in design and operation

12  air navigation facilities with those established and operated

13  by the federal and state governments.

14         (bb)  Request the county or any municipality to convey

15  to the Authority the fee simple title to any airport or other

16  property owned by the county or any municipality and needed

17  for airport purposes.

18         (cc)  Relinquish jurisdiction, control, supervision,

19  and management over any airport or part of any airport which

20  is under its jurisdiction but which is owned by a

21  municipality, county, or other governmental agency, upon

22  determining that any such airport or part of any such airport

23  is no longer required for airport purposes; provided, however,

24  that the consent and approval of any revenue bondholders is

25  first obtained and necessary authorizations or approvals are

26  received from federal agencies regulating airports.

27         (dd)  Expend revenues for the cost of investigating,

28  surveying, planning, acquiring, establishing, constructing,

29  enlarging, improving, equipping, and erecting Authority

30  facilities by appropriation of revenues or wholly or partly

31  from the proceeds of bonds of the Authority. The term "cost"

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  includes awards in condemnation proceedings, rentals where an

 2  acquisition is by lease, and amounts paid to utility companies

 3  for relocation of their wires, poles, and other facilities.

 4         (ee)  Incur expenses as provided in its annual budget

 5  and any amended budget.

 6         (ff)  Assess against and collect from the owner or

 7  operator of each airplane using any Authority facility a

 8  landing fee or service charge sufficient to cover the cost of

 9  the service furnished to airplanes using any such facility,

10  which cost may include the liquidation of bonds or other

11  indebtedness for construction and improvement.

12         (gg)  Accept federal, state, and any other public or

13  private moneys, grants, contributions, or loans for the

14  acquisition, construction, enlargement, improvement,

15  maintenance, equipment, or operation of Authority facilities,

16  or any other lawful purpose.

17         (hh)  Fix, alter, charge, establish, and collect rates,

18  fees, rentals, and other charges for the services of Authority

19  facilities at reasonable and uniform rates.

20         (ii)  Adopt a resolution as may be required to levy an

21  ad valorem tax and submit it to the board.

22         (jj)  Apply for, hold, and periodically transfer

23  alcoholic beverage licenses as provided by this act.

24         (kk)  Adopt and amend rules, regulations, and policies

25  reasonably necessary for the implementation of this act.

26         (ll)  By resolution, fix and enforce penalties for the

27  violation of this act or a rule, regulation, or policy adopted

28  in accordance with this act.

29         (mm)  Amend the budget after its adoption.

30         (nn)  Receive, deposit, secure, and pay out moneys as

31  provided by this act.

                                  17

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (oo)  Designate a depository or depositories which is

 2  qualified as a public depository pursuant to section 280.04,

 3  Florida Statutes, as may be amended from time to time, and

 4  thereafter establish and open an account or accounts into

 5  which revenues collected are to be deposited and from which

 6  expenditures may be made.

 7         (pp)  Establish and deposit into and expend moneys from

 8  a surplus fund by using funds other than those derived from ad

 9  valorem taxation, that may remain unexpended at the end of the

10  fiscal year and may be set aside in a separate fund to be

11  known as the Capital Improvement Fund and accumulated and

12  expended from year to year solely for the purpose of building

13  and constructing permanent improvements, replacements,

14  alterations, buildings, and other structures, including

15  runways, taxi strips, and aprons.

16         (qq)  By resolution, borrow money and issue bonds in

17  the manner and within the limitation, except as otherwise

18  provided in this act, prescribed by general law for the

19  issuance and authorization of bonds; however, any bonds issued

20  by the Authority shall have a maturity date not exceeding 40

21  years from the date of issuance, shall be self-liquidating or

22  otherwise payable from revenues of the Authority, shall be

23  payable semiannually, and shall not be a lien against the

24  general taxing powers of the county or any municipality.

25         (rr)  Enter into any deeds of trust, indentures, or

26  other agreements with any bank or trust company as security

27  for its bonds, and assign and pledge any or all of its

28  revenues. Such deeds of trust, indentures, or other agreements

29  may contain provisions customary in such instruments or as

30  authorized by the Authority.

31  

                                  18

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (ss)  Secure the payment of bonds or any part thereof

 2  by pledging all or any part of its revenues and provide for

 3  the security of said bonds and the rights and remedies of the

 4  bondholders.

 5         (tt)  Pending the preparation of definitive bonds,

 6  issue certificates or temporary bonds to the purchaser of

 7  bonds.

 8         (uu)  Transact the business of the Authority and

 9  exercise all powers necessarily incidental to the exercise of

10  the general and special powers granted in this act and under

11  any other law.

12         (vv)  Exercise all powers of a local agency granted

13  pursuant to part II of chapter 159, Florida Statutes, as may

14  be amended from time to time, and to a governmental unit

15  granted pursuant to part VII of chapter 159, Florida Statutes,

16  as may be amended from time to time.

17         (ww)  Do all acts and things necessary or convenient

18  for the promotion of its business and the general welfare of

19  the Authority.

20         Section 7.  Alcoholic beverage licenses.--

21         (1)  Beverage licenses not exceeding 4 in number, as

22  provided for in section 561.17, Florida Statutes, as may be

23  amended from time to time, shall be issued to the Authority or

24  other governmental agency operating TIA as provided in this

25  section.

26         (a)  Each such beverage license shall be issued upon

27  the written or printed application for licenses to conduct

28  such business, made to the division stating the character of

29  the business to be engaged in, the address of the building

30  wherein the establishment sought to be licensed is or will be

31  located, and the kind of license as defined in chapter 561,

                                  19

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  Florida Statutes, as may be amended from time to time, which

 2  the applicant desires. The application shall be in the name of

 3  the Authority or other governmental agency operating TIA and

 4  when issued shall be issued in the name of such applicant. The

 5  applicant shall pay to the division the license fees for the

 6  kind of license that the applicant desires.

 7         (b)  Each license is renewable as provided by general

 8  law. Each beverage license shall be for the term and subject

 9  to the same privileges or renewal as provided in sections

10  561.26 and 561.27, Florida Statutes, as may be amended from

11  time to time.

12         (c)  Any business operated under any beverage license

13  shall be operated only by a lessee of the restaurants and

14  cocktail lounge or cocktail lounges or bars in the airlines

15  terminal, administration building, or hotel at the airport to

16  whom the license may be transferred. The Authority or

17  governmental agency operating TIA and each authorized lessee

18  shall make application to the division for the transfer of the

19  license to the lessee, and the application shall be approved

20  by the division if it meets the requirements of law to do so.

21  Upon termination of a lease for any reason, the lessee shall

22  immediately notify the division to retransfer the beverage

23  licenses to the Authority or the governmental agency operating

24  TIA. Upon failure of a lessee to notify the division, the

25  Authority or the governmental agency operating TIA shall

26  immediately notify the division in writing to transfer the

27  license back to the Authority or other governmental agency

28  operating TIA which may then transfer it to another authorized

29  lessee. Thereafter, the beverage license may be transferred to

30  any new lessee or the restaurants and cocktail lounge,

31  cocktail lounges, or bars upon the same terms and conditions.

                                  20

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  Any alcoholic beverage license issued in accordance with this

 2  section is the property of the Authority or the governmental

 3  agency operating TIA, subject to transfer as provided by this

 4  act.

 5         (2)  This section does not preclude persons operating

 6  on property of the Authority from acquiring an alcoholic

 7  beverage license for use on its premises pursuant to general

 8  law and the rules of the division.

 9         Section 8.  County and municipal powers and

10  responsibilities; private ownership transfers.--

11         (1)  Each municipality is empowered to appropriate

12  moneys for acquiring, establishing, constructing, enlarging,

13  improving, maintaining, equipping, or operating airports and

14  other air navigation facilities under the provisions of this

15  act, and each municipality is authorized to appropriate and to

16  raise by taxation or otherwise moneys to assist in carrying

17  out the provisions of this act as to airports partly or wholly

18  within the limits of each municipality.

19         (2)  It is lawful for any municipality, and full power

20  and authority is hereby conferred upon each municipality, to

21  cooperate and share in the exercise of the powers and

22  authorities conferred upon the Authority under the provisions

23  of this act, when mutually agreed upon between any such

24  municipality and the Authority.

25         (3)(a)  The county and each municipality are authorized

26  to aid and cooperate with the Authority in carrying out any

27  authorized purpose of the Authority by:

28         1.  Entering into cooperation agreements with the

29  Authority and providing in any such cooperation agreement for

30  the making of a loan, gift, grant, or contribution to the

31  Authority.

                                  21

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         2.  Granting and conveying to the Authority real or

 2  personal property, of any kind or nature, or any interest

 3  therein.

 4         3.  Covenanting in any such cooperation agreement made

 5  pursuant to this section to pay all or any part of:

 6         a.  The costs of operation and maintenance of Authority

 7  facilities from moneys derived from ad valorem taxation or

 8  from any other available funds of the county or a

 9  municipality.

10         b.  The principal of and interest on any revenue bonds

11  of the Authority.

12         c.  The deposits required to be made into any reserve,

13  the Capital Improvement Fund, or other funds established by

14  the Authority, any indenture, deed of trust, or other

15  instrument securing said revenue bonds from any available

16  funds of the county or a municipality other than moneys

17  derived from ad valorem taxes.

18         (b)  Any cooperation agreement may be made and entered

19  into for such time or times not to exceed 40 years or for such

20  longer time as any revenue bonds of the Authority, including

21  refunding thereof, remain outstanding and unpaid, and may

22  contain such other details, terms, provisions, and conditions

23  as may be agreed upon.

24         (c)  Any cooperation agreement may be made and entered

25  into for the benefit of the holders of any revenue bonds of

26  the Authority as well as the parties thereto and is

27  enforceable in any court of competent jurisdiction by the

28  holders of any such revenue bonds or of the coupons

29  appertaining thereto.

30         (4)  The county and each municipality are authorized

31  and empowered to convey the fee simple title to any real

                                  22

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  property needed for airport purposes and owned by either the

 2  county or a municipality to the Authority.

 3         (5)  Before the county or any municipality issues a

 4  building permit authorizing building on land affected by

 5  airport zoning regulations, it must obtain a written permit

 6  from the Authority to certify that the construction conforms

 7  to the regulations required by the airport zoning regulations.

 8         (6)(a)  Any municipality, the county, or any private

 9  owner may, and each is authorized to, sell, lease, lend,

10  grant, or convey to the Authority any interest in real or

11  personal property which may be used by the Authority in the

12  construction, improvement, maintenance, leasing, or operation

13  of Authority facilities. Any municipality, the county, or any

14  other owner is additionally authorized to transfer, assign,

15  and set over to the Authority any contract or contracts which

16  may have been awarded by said municipality, the county, or

17  said owner for the construction of Authority facilities not

18  begun or, if begun, not completed.

19         (b)  Any such action by the county or any municipality

20  must be approved by the governing body of the county or the

21  municipality expressed by resolution or ordinance.

22         (c)  Notwithstanding any other provision of law, this

23  section is complete authority for the acquisition by agreement

24  of airports and other aviation facilities and facilities

25  related thereto and any portion thereof and no other action is

26  required.

27         Section 9.  Bonds.--

28         (1)  Bonds may be issued to finance one or more or a

29  combination of Authority facilities. Subject to any prior

30  rights of bondholders, proceeds of such bonds may be pledged

31  and used to pay the cost of the acquisition, construction, or

                                  23

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  improvement of one or more or a combination of Authority

 2  facilities or to refund bonds previously issued for such

 3  purpose. Revenues of the Authority, regardless of the airport

 4  project or other source from which they are derived, may be

 5  pledged to pay bonds issued to finance the cost of Authority

 6  facilities and to pay refunding bonds and ancillary costs

 7  associated with such financings.

 8         (2)  Except as otherwise provided by this act,

 9  security, payment provisions, contracts, terms, and other

10  attributes of bonds issued by the Authority shall be specified

11  by the Authority by initial or amendatory resolution, trust

12  agreement, or other bond documentation.

13         (3)  The bonds shall be executed by manual or facsimile

14  signature by the officers the Authority has designated,

15  provided that such bonds bear at least one signature which is

16  manually executed to the extent required by general law. Any

17  coupons attached to the bonds shall bear the facsimile

18  signature or signatures of the officer or officers designated

19  by the Authority. If any member or officer whose manual or

20  facsimile signature appears on any bond or coupon ceases to be

21  a member or an officer before the delivery of the bonds, such

22  signature shall be valid and sufficient for all purposes as if

23  that member or officer had remained in office until delivery.

24  The bonds shall bear the seal of the Authority affixed as

25  provided by resolution.

26         (4)  Bonds may be sold either at public or private sale

27  at such price or prices determined by the Authority.

28         (5)  Any bonds issued pursuant to this act are

29  negotiable instruments and investment securities under chapter

30  678, Florida Statutes, as may be amended from time to time.

31  

                                  24

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (6)  The pledge by the Authority of its revenues to the

 2  payment of its bonds by the terms of a resolution or through

 3  any deed of trust, indenture, or other agreement creates a

 4  valid and binding lien thereon and a prior perfected security

 5  interest therein from the time the pledge is made. Any

 6  revenues so pledged are immediately subject to a lien of such

 7  pledge without any physical delivery thereof or further act,

 8  and the lien of any such pledge shall be valid and binding

 9  against all parties having claims of any kind against the

10  Authority, irrespective of whether such parties have notice

11  thereof. No resolution, deed of trust, indenture, or other

12  agreement by which a pledge is created need be filed or

13  recorded, except in the records of the Authority, and notice

14  is not required to be given to any obligor of such revenues.

15  No filings under the Florida Uniform Commercial Code are

16  required in order to perfect any pledge granted.

17         (7)  No approval of the qualified electors or qualified

18  freeholders of the state or of the county may be required for

19  the issuance of any bonds by the Authority unless such

20  approval is required by the provisions of the Constitution of

21  the State of Florida.

22         (8)  Notwithstanding any other provision of law, bonds

23  issued by the Authority are legal investments for banks,

24  savings banks, trustees, executors, all other fiduciaries, and

25  all state, municipal, and other public funds. Any such bonds

26  are securities eligible for deposit for the securing of all

27  state, municipal, and other public funds.

28         Section 10.  Bondholder rights and remedies.--

29         (1)  The Authority may not do anything that will impair

30  the security of the bondholders of the Authority or violate

31  any agreement with them for their benefit.

                                  25

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1         (2)(a)  In addition to any other rights and remedies

 2  lawfully granted to bondholders in law, unless otherwise

 3  provided by the resolution or resolutions providing for the

 4  issuance of bonds, or by any deed of trust, indenture, or

 5  other agreement under which the bonds have been issued,

 6  holders of 25 percent or such other percentage as may be

 7  specified in any deed of trust, indenture, or other agreement

 8  under which the bonds were issued in the aggregate principal

 9  amount of the bonds then outstanding are entitled to appoint a

10  trustee, upon notice as provided in this act and for the

11  purpose provided in this act, if the Authority defaults in the

12  payment of principal or interest for a period of 30 days after

13  either becomes due, whether at maturity or upon call for

14  redemption, or if the Authority fails to comply with the

15  provisions of this act, its resolution or resolutions, or the

16  requirements of any deed of trust, indenture, or other

17  agreement under which the bonds were issued. Any such

18  bondholders must first give written notice of their intention

19  to appoint a trustee to the Authority by certified United

20  States mail addressed to the chairperson of the Authority at

21  the principal office of the Authority and to the holders of

22  all other bonds then outstanding at their addresses shown on

23  the registration books maintained by the Authority or the bond

24  registrar. For purposes of this paragraph, any trustee

25  appointed to serve in that capacity pursuant to a deed of

26  trust, trust agreement, indenture, or other document by which

27  bonds of the Authority have been issued is deemed to have been

28  selected by the holders of bonds issued under that instrument.

29  If more than one trustee is designated, either by two or more

30  written instruments or pursuant to the provisions of this

31  paragraph, the group of bondholders owning the highest

                                  26

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  percentage of bonds outstanding has the right to designate the

 2  single trustee to serve in that capacity for purposes of this

 3  act.

 4         (b)  Unless otherwise provided in any instrument

 5  pursuant to which such bonds were issued, any trustee, whether

 6  appointed by bondholders in accordance with the provisions of

 7  this act or in accordance with the terms of any deed of trust,

 8  indenture, or other agreement, may, upon written request of

 9  the holders 25 percent or such other percentage as may be

10  specified in any deed of trust, indenture, or other agreement

11  under which the bonds were issued in the aggregate principal

12  amount of the bonds then outstanding may, in any court of

13  competent jurisdiction, in his, her, or its own name:

14         1.  By mandamus or other suit, action, or proceeding at

15  law or in equity, enforce all rights of the bondholders,

16  including the right to require the Authority to fix,

17  establish, maintain, collect, and charge rates, fees, rentals,

18  and other charges adequate to carry out any agreement as to,

19  or pledge of, the revenues of the Authority, and to require

20  the Authority to carry out any other agreements with or for

21  the benefit of the bondholders, and to perform its and their

22  duties under this act.

23         2.  Bring suit upon the bonds.

24         3.  By action or suit in equity, require the Authority

25  to account as if it were the trustee of an express trust for

26  the bondholders.

27         4.  By action or suit in equity, enjoin any acts or

28  things which may be unlawful or in violation of the rights of

29  the bondholders.

30         5.  By written notice given in the same manner as

31  provided by this act to the Authority declare all bonds due

                                  27

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  and payable and, if all defaults are made good and with the

 2  consent of the holders of 25 percent or such other percentage

 3  as may be specified in any deed of trust, indenture, or other

 4  agreement under which the bonds were issued in the aggregate

 5  principal amount of the bonds then outstanding, annul such

 6  declaration and its consequences.

 7         (3)  Unless otherwise provided in any bond resolution,

 8  deed of trust, indenture, or other agreement pursuant to which

 9  bonds were issued, if a default continues for more than 60

10  days after written notice to the Authority, any trustee when

11  appointed as aforesaid, or acting under a deed of trust,

12  indenture, or other agreement, and whether or not all bonds

13  have been declared due and payable, upon the happening of any

14  of the events of default specified in this section, shall be

15  entitled as of right to appoint a receiver. The receiver may

16  enter and take possession of any of the Authority facilities

17  for which the Authority is in default as provided herein, or

18  any part or parts thereof and the revenues which are or may be

19  applicable to the payment of the bonds in default and operate

20  and maintain the same, for and on behalf of and in the name of

21  the Authority and the bondholders. The receiver shall collect

22  revenues in the same manner as the Authority might, and shall

23  use and apply such funds in accordance with the applicable

24  bond documents or, if not so specified into a separate

25  account, as directed by the court.

26         (4)  Nothing in this section or any other section of

27  this act authorizes any receiver appointed to sell, assign,

28  mortgage, or otherwise dispose of any assets of the Authority.

29  The powers of such receiver are limited to the operation and

30  maintenance of the Authority facilities as the court may

31  direct, in the name of and for and on behalf of the Authority

                                  28

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  and the bondholders. No holder of bonds or any court or any

 2  trustee is empowered by this act to sell, assign, mortgage, or

 3  otherwise dispose of any assets of whatever kind or character

 4  belonging to the Authority.

 5         Section 11.  Award of contracts.--

 6         (1)(a)  Except when done by employees of the Authority

 7  or by labor supplied under agreement with the federal, state,

 8  or local government or when required by or using the

 9  Consultants' Competitive Negotiation Act, all construction,

10  improvements, repairs, or work of any nature done by the

11  Authority, where the entire cost or value exceeds $15,000,

12  shall be done only under contract or contracts entered into by

13  the Authority with the lowest responsive bid from a qualified

14  responsible bidder upon proper terms, after advertisement has

15  been given asking for competitive bids, provided that the

16  Authority may reject any and all bids.

17         (b)  Any contract subject to section 255.05, Florida

18  Statutes, as may be amended from time to time, in excess of

19  $15,000 shall not be entered into for construction,

20  improvement, or repair of Authority facilities unless the

21  contractor has sufficient surety or sureties, approved by the

22  Authority, and in an amount fixed by the Authority, for the

23  faithful performance of the contract. Any such contract shall

24  include provisions that the person entering into the contract

25  with the Authority will pay for all materials furnished and

26  services rendered for the performance of the contract and may

27  maintain an action to recover for the same against the obligor

28  in the undertaking, as though such person was named therein,

29  provided the action is brought within 1 year after the time

30  the cause of action accrued. Nothing in this section shall be

31  construed to limit the power of the Authority to construct,

                                  29

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  repair, or improve Authority facilities or any addition,

 2  betterment, or extension thereto, directly by the officers,

 3  agents, and employees of the Authority, or otherwise than by

 4  contract.

 5         (c)  All supplies and materials costing in excess of

 6  $15,000 shall be purchased only after advertisement. The

 7  Authority shall accept the lowest responsive bid from a

 8  responsible bidder, kind, quality, and material being equal,

 9  but the Authority has the right to reject any or all bids or

10  select a single item from any bid.

11         (d)  Except as otherwise provided, the Authority may

12  enter into and carry out such contract, or establish or comply

13  with such rules concerning labor and materials and other

14  related matters in connection with any project, or portion

15  thereof, as the Authority may deem desirable or as may be

16  requested by the Federal Government or state government

17  assisting in the financing of Authority facilities. It is

18  further provided, however, that the provisions of this section

19  shall not apply to any case in which the Authority has taken

20  over by transfer or assignment any contract authorized to be

21  assigned to it under the provisions relating to the transfer

22  of existing facilities to the Authority as provided by this

23  act. This section shall not apply to any contract in

24  connection with the construction of Authority facilities which

25  the Authority has had transferred to it. Furthermore, the

26  provisions of this section shall not apply to any contract or

27  agreement between the Authority and any engineers, architects,

28  attorneys, agents, or other professional services.

29         (2)  The Authority may use, as an alternative, the

30  provisions of section 255.20, Florida Statutes, as may be

31  

                                  30

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  amended from time to time, to satisfy the competitive bidding

 2  requirements of this section.

 3         (3)  The advertisement and bidding requirements of this

 4  section do not apply when the Authority purchases goods,

 5  supplies, materials, or services through a contract issued by

 6  federal, state, or local government if such contract was

 7  issued using a competitive process.

 8         (4)  This section does not apply to the purchase of

 9  patented and manufactured products and services offered in a

10  noncompetitive market or solely by a manufacturer's authorized

11  dealer.

12         Section 12.  Legal effects.--Any acquisition of

13  property or rights therein for Authority facilities, or for

14  airport protection privileges, including the conveyance and

15  acceptance thereof, and any bonds issued and sold up to and

16  including the effective date of this act are validated.

17         Section 13.  Ad valorem tax.--When the Authority

18  prepares its annual budget and finds it necessary to levy an

19  ad valorem tax, it shall adopt a resolution determining the

20  estimated amounts to be expended by the Authority in the

21  ensuing fiscal year, exclusive of the proceeds of any bonds or

22  other obligations of the Authority, for acquiring,

23  establishing, constructing, enlarging, operating, and

24  maintaining Authority facilities or for any other corporate

25  purpose of the Authority, and request the board to levy the

26  tax, not to exceed 1.5 mills per annum, on all the taxable

27  real and personal property in the county for the exclusive use

28  of the Authority and for the purposes provided in this

29  section. The Authority shall submit a certified copy of any

30  such resolution to the board at the same time it submits its

31  annual budget to the clerk. The board has no right or

                                  31

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  authority to alter either the amount of the levy request or

 2  the use of its proceeds or to in any way alter the budget of

 3  the Authority. The board shall authorize the levy requested.

 4  The Tax Collector of the county shall collect and promptly pay

 5  over to the Authority the proceeds of such tax.

 6         Section 14.  Prohibition on the use of the taxing power

 7  of the state.--The Authority has no power to pledge the taxing

 8  power of the state, or any political subdivision or agency

 9  thereof, nor shall any of the obligations issued by the

10  Authority be deemed to be obligations of the state, or any

11  political subdivision or agency thereof, secured by and

12  payable from the ad valorem taxes thereof. The state, or any

13  political subdivision or any agency thereof, is not liable for

14  the payment of principal of or interest on such obligations,

15  except from the special funds provided for in this act.

16         Section 15.  Covenant of the state.--The state pledges

17  and agrees with the Federal Government and any person

18  acquiring any bonds issued by the Authority for the

19  construction, extension, improvement, or enlargement of

20  Authority facilities that the state will not limit or alter

21  the rights vested in the Authority until all bonds at any time

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

23  discharged. The state further pledges and agrees with the

24  Federal Government that if the Federal Government contributes

25  any funds for the construction, extension, improvement, or

26  enlargement of Authority facilities the state will not alter

27  or limit the rights and powers of the Authority in any manner

28  which would be inconsistent with the continued maintenance,

29  operation, or the improvement of Authority facilities or which

30  would be inconsistent with the due performance of any

31  agreements between the Authority and the Federal Government.

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  The Authority shall continue to have and may exercise all

 2  powers granted in this act, so long as the same are necessary

 3  or desirable for the carrying out of the purposes of this act

 4  and the purposes of the Federal Government in the

 5  construction, improvement, maintenance, or enlargement of

 6  Authority facilities.

 7         Section 16.  Exemption from taxation.--Any property

 8  owned or otherwise acquired by the Authority is exempt from

 9  taxation to the same extent as other property used for public

10  purposes. The effectuation of the authorized purposes of the

11  Authority shall and will be, in all respects, for the benefit

12  of the people of the state and the county for the increase of

13  their commerce and prosperity, and for the improvement of

14  their welfare, health, and living conditions and, since such

15  Authority will be performing essential governmental functions

16  in effectuating such purposes, such Authority is not required

17  to pay any taxes or assessments of any kind or nature

18  whatsoever upon any property required or used by it for such

19  purposes, or any rates, fees, rentals, receipts, or incomes at

20  any time received by it, and the bonds issued by the

21  Authority, their transfer and the income therefrom, including

22  any profits made in the sale thereof, and any security

23  instruments or agreements securing the repayment thereof, are

24  free from taxation of any kind by the state or any political

25  subdivision or taxing agency or instrumentality thereof.

26         Section 17.  Discrimination prohibited.--

27         (1)(a)  The Authority and its lessees, including

28  successors in interest, shall not because of race, color, sex,

29  religion, national origin, age, handicap, or marital status of

30  any individual refuse to hire, employ, bar, or discharge from

31  employment such individual or to otherwise discriminate

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  against such individual with respect to compensation, hire,

 2  tenure, terms, conditions, or privileges of employment.

 3         (b)  No person on the grounds of race, color, sex,

 4  religion, national origin, age, handicap, or marital status

 5  shall be excluded from the participation in, denied the

 6  benefits of, or otherwise subjected to discrimination in the

 7  use of leased premises of the Authority.

 8         (c)  In furnishing services or materials, or in the

 9  construction of any improvements, no person shall be excluded

10  from participation in, denied the benefits of, or otherwise

11  subjected to discrimination with respect thereto.

12         (2)  There is no right to apply to the court for relief

13  on account of any order, requirement, decision, determination,

14  or action of the Authority pursuant to this section unless

15  there has been an appeal to the Authority.

16         Section 18.  Recodification.--Prior to July 1, 2012,

17  and every 10 years thereafter, The Hillsborough County

18  Legislative Delegation shall review this chapter, and all acts

19  which amend or otherwise modify this chapter, for the purpose

20  of determining whether there is a need for recodification of

21  same. If it is determined that there is such a need, the

22  delegation may require the Authority to accomplish same, and

23  to prepare or cause to be prepared such legislation as may be

24  necessary for such purpose by preparing such legislation.

25         Section 19.  Grammatical usage.--The singular includes

26  the plural and vice versa, and gender-specific language

27  includes the other gender and neuter.

28         Section 20.  Severability.--The provisions of this act

29  are severable, and if any of the provisions hereof shall be

30  held to be unconstitutional or invalid, such determination

31  

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    Florida Senate - 2003        (NP)                      SB 2860
    16-581-03                                          See HB 1383




 1  shall not affect the constitutionality or validity of any of

 2  the remaining provisions of this act.

 3         Section 4.  Chapters 23339 (1945), 24579 (1947), 27599

 4  (1951), 57-1379, 59-1356, 61-2261, 61-2263, 67-1474, 72-561,

 5  74-496, 75-388, 75-398, 75-401, 83-424, and 96-455, Laws of

 6  Florida, are repealed. Such repeal does not affect the

 7  prosecution of any cause of action that accrued before the

 8  effective date of the repeal and does not affect rules,

 9  regulations, policies, actions, and decisions, contracts,

10  agreements, obligations, and properties of the Authority

11  existing prior to the effective date of this act. Nothing in

12  this act is intended, nor shall any provision hereof be

13  construed so as to repeal, abrogate, impair, or adversely

14  affect the rights and remedies of the holders of any

15  obligations of the Authority issued pursuant to the existing

16  acts or any other applicable provision of law.

17         Section 5.  This act shall take effect upon becoming a

18  law.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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