| 1 | A bill to be entitled | 
| 2 | An act relating to the Hillsborough County Aviation | 
| 3 | Authority; codifying, reenacting, and amending the | 
| 4 | Authority's special acts; providing that the act is a | 
| 5 | reviser; deleting provisions which have expired, have | 
| 6 | had their effect, have served their purpose, or have | 
| 7 | been impliedly repealed or superseded; replacing | 
| 8 | incorrect cross references and citations; correcting | 
| 9 | grammatical, typographical, and like errors; removing | 
| 10 | inconsistencies and redundancies; improving clarity | 
| 11 | and facilitating correct interpretation; clarifying | 
| 12 | definitions; providing that independent special | 
| 13 | districts operate to serve a public purpose; | 
| 14 | incorporating specific references to existing | 
| 15 | practices; clarifying procedure for election of | 
| 16 | members; clarifying that advertisement provisions | 
| 17 | pertain to sealed bids and other competitive selection | 
| 18 | processes when and as required; clarifying employment | 
| 19 | responsibilities; clarifying procedures for manual | 
| 20 | execution of instruments on behalf of the Authority; | 
| 21 | providing that the Authority can dispose of personal | 
| 22 | property, derelict or abandoned aircraft, and derelict | 
| 23 | or abandoned vehicles in accordance with existing | 
| 24 | statutory law; deleting the requirement that the | 
| 25 | Authority may not hold alcoholic beverage licenses | 
| 26 | exceeding a certain number; clarifying the | 
| 27 | requirements for award of contracts and clarifying | 
| 28 | when such requirements do not apply; providing for | 
| 29 | recodification; repealing chapters 2003-370 and 2007- | 
| 30 | 292, Laws of Florida, relating to the Authority; | 
| 31 | providing a savings clause; providing an effective | 
| 32 | date. | 
| 33 | 
 | 
| 34 | Be It Enacted by the Legislature of the State of Florida: | 
| 35 | 
 | 
| 36 | Section 1.  Pursuant to s. 189.429, Florida Statutes, this | 
| 37 | act constitutes the codification of all special acts relating to | 
| 38 | the Hillsborough County Aviation Authority. It is the intent of | 
| 39 | the Legislature in enacting this law to provide a single, | 
| 40 | comprehensive special act charter for the Authority, including | 
| 41 | all current legislative authority granted to the Authority by | 
| 42 | its several legislative enactments and any additional authority | 
| 43 | granted by this act. | 
| 44 | Section 2.  Chapters 2003-370 and 2007-292, Laws of | 
| 45 | Florida, relating to the Hillsborough County Aviation Authority, | 
| 46 | are codified, reenacted, amended, and repealed as provided in | 
| 47 | this act. | 
| 48 | Section 3.  The charter for the Hillsborough County | 
| 49 | Aviation Authority is re-created and reenacted to read: | 
| 50 | Section 1.  Short title.-This act may be cited as the | 
| 51 | "Hillsborough County Aviation Authority Act." | 
| 52 | Section 2.  General provisions.- | 
| 53 | (1)  It is the intent of the Legislature that this act | 
| 54 | supersede chapters 2003-370 and 2007-292, Laws of Florida, | 
| 55 | relating to the Hillsborough County Aviation Authority, and is a | 
| 56 | codification, a compilation of previously existing legislation | 
| 57 | relating to the Authority. | 
| 58 | (2)  The codification is also to act as a reviser's bill, | 
| 59 | deleting provisions which have expired, have had their effect, | 
| 60 | have served their purpose, or have been impliedly repealed or | 
| 61 | superseded; replacing incorrect cross references and citations, | 
| 62 | correcting grammatical, typographical, and like errors; removing | 
| 63 | inconsistencies and redundancies; and improving clarity and | 
| 64 | facilitating correct interpretation. It is the intent of the | 
| 65 | Legislature to define frequently used terms and to reflect | 
| 66 | standard business practices required for an independent special | 
| 67 | district to conduct its business which have not been previously | 
| 68 | enumerated. | 
| 69 | (3)  The Authority shall comply with federal law regarding | 
| 70 | expenditure of federal moneys. | 
| 71 | (4)  This act shall not be construed as impairing or | 
| 72 | infringing upon any rights, privileges, or benefits enjoyed by | 
| 73 | any employee of the Authority who is so employed on the | 
| 74 | effective date of this act. | 
| 75 | (5)  The members and employees of the Authority shall | 
| 76 | comply with part III of chapter 112, Florida Statutes, as may be | 
| 77 | amended from time to time. | 
| 78 | (6)  This act provides an additional, alternative, and | 
| 79 | complete method for the exercise of the powers granted and | 
| 80 | authorized by this act and shall be regarded as supplemental to | 
| 81 | powers conferred by other laws and shall not be regarded as a | 
| 82 | derogation of any powers now existing. | 
| 83 | (7)  The Legislature declares that independent special | 
| 84 | districts operate to serve a public purpose and are a legitimate | 
| 85 | method available for use by the public sector to manage, own, | 
| 86 | operate, construct, and finance basic capital infrastructure, | 
| 87 | facilities, and services. | 
| 88 | (8)  Regarding the airport facilities and concessions, the | 
| 89 | Legislature finds and declares: | 
| 90 | (a)  The proper operation of the publicly owned or operated | 
| 91 | airports in the County is essential to the welfare of the people | 
| 92 | of the Tampa Bay area, the state, and its people. | 
| 93 | (b)  The publicly owned or operated airports in the County | 
| 94 | establish a vital transportation link between the state and the | 
| 95 | economic systems of the nation and the world and enable the | 
| 96 | state to enjoy and provide the benefits of an international | 
| 97 | tourist and commercial center. | 
| 98 | (c)  The economic validity and stability of the publicly | 
| 99 | owned or operated airports in the County is a matter of | 
| 100 | statewide importance. | 
| 101 | (d)  The policy of this state is to promote the development | 
| 102 | of commerce and tourism to secure to the people of this state | 
| 103 | the benefits of those activities conducted in the state. | 
| 104 | (e)  The proper operation of the publicly owned or operated | 
| 105 | airports in the County is essential to the welfare of the state | 
| 106 | and its people, and the Legislature recognizes and affirms such | 
| 107 | operation as a governmental function to be discharged in | 
| 108 | furtherance of the policy of securing the benefits of commerce | 
| 109 | and tourism for the state and its people. | 
| 110 | (9)  The Authority shall manage airport facilities and | 
| 111 | grant airport concessions to further the development of commerce | 
| 112 | and tourism in or affecting the Tampa Bay area and the state. In | 
| 113 | managing its facilities and granting concessions for services to | 
| 114 | the public, the Authority shall promote the development of | 
| 115 | commerce and tourism by: | 
| 116 | (a)  Securing a diversity of airport services. | 
| 117 | (b)  Avoiding wasteful duplication of such services. | 
| 118 | (c)  Securing to the users of airports safe, courteous, and | 
| 119 | quality service. | 
| 120 | (d)  Limiting or prohibiting business competition which is | 
| 121 | destructive to the ends of promoting commerce and tourism in the | 
| 122 | state. | 
| 123 | (e)  Allocating limited airport resources to promote such | 
| 124 | ends. | 
| 125 | (f)  Fostering Florida's image as a commercial and tourist | 
| 126 | center. | 
| 127 | Section 3.  Definitions.-As used in this act, unless | 
| 128 | otherwise specifically defined or unless another intention | 
| 129 | clearly appears: | 
| 130 | (1)  "Advertisement" means a notice published at least once | 
| 131 | a week for 2 consecutive weeks in at least two newspapers of | 
| 132 | general circulation in the County, as defined in general law, as | 
| 133 | may be amended from time to time. | 
| 134 | (2)  "Air navigation" means the operation or navigation of | 
| 135 | aircraft in the air space over the County or upon any airport or | 
| 136 | restricted landing area within the County. | 
| 137 | (3)  "Air navigation facility" means any facility used in, | 
| 138 | available for use in, or designed for use in aid of air | 
| 139 | navigation, including airports, restricted landing areas, and | 
| 140 | any structures, mechanisms, lights, beacons, marks, | 
| 141 | communicating systems, or other instrumentalities or devices | 
| 142 | used or useful as an aid or constituting an advantage or | 
| 143 | convenience to the safe taking off, navigation, and landing of | 
| 144 | aircraft or the safe and efficient operation or maintenance of | 
| 145 | an airport or restricted landing area, and any combination of | 
| 146 | any or all of such facilities. | 
| 147 | (4)  "Airport" means any area of land or water which is | 
| 148 | designed for the landing and taking off of aircraft, whether or | 
| 149 | not facilities are provided for the shelter, servicing, or | 
| 150 | repair of aircraft or for receiving, servicing, and discharging | 
| 151 | passengers or cargo, all appurtenant areas used or suitable for | 
| 152 | airport buildings or other airport facilities, and all | 
| 153 | appurtenant rights-of-way. | 
| 154 | (5)  "Airports and other aviation facilities and facilities | 
| 155 | related thereto and any portion thereof" means and includes | 
| 156 | airports, buildings, structures, terminal buildings, parking | 
| 157 | garages and lots, space, hangars, lands, warehouses, shops, | 
| 158 | hotels, other aviation facilities of any kind or nature, or any | 
| 159 | other facilities of any kind or nature related to or connected | 
| 160 | with said airports and other aviation facilities which the | 
| 161 | Authority is authorized by law to construct, acquire, own, | 
| 162 | lease, or operate, together with all fixtures, equipment, and | 
| 163 | property, real or personal, tangible or intangible, necessary, | 
| 164 | appurtenant, or incidental thereto. | 
| 165 | (6)  "Airport purposes" means and includes airport, | 
| 166 | restricted landing area, and other air navigation facility | 
| 167 | purposes. | 
| 168 | (7)  "Authority" means the Hillsborough County Aviation | 
| 169 | Authority. | 
| 170 | (8)  "Authority facility" means an airport, airports and | 
| 171 | other aviation facilities and facilities related thereto and any | 
| 172 | portion thereof, air navigation facilities, and special purpose | 
| 173 | facilities and any portion thereof. | 
| 174 | (9)  "Board" means the Board of County Commissioners of | 
| 175 | Hillsborough County. | 
| 176 | (10)  "Bond" means notes, bonds, certificates, refunding | 
| 177 | bonds, and other obligations. | 
| 178 | (11)  "Clerk" means Clerk of the Court of Hillsborough | 
| 179 | County. | 
| 180 | (12)  "County" means the County of Hillsborough. | 
| 181 | (13)  "Division" means the Florida Department of Business | 
| 182 | and Professional Regulation, Division of Alcoholic Beverages and | 
| 183 | Tobacco or any successor agency. | 
| 184 | (14)  "Federal" or "Federal Government" means the United | 
| 185 | States government, the President of the United States, and any | 
| 186 | department, corporation, commission, agency, or other | 
| 187 | instrumentality thereof. | 
| 188 | (15)  "Governor" means the Governor of the State of | 
| 189 | Florida. | 
| 190 | (16)  "Instrument" means a formal or legal document in | 
| 191 | writing, such as a contract, deed, bond, lease, or mortgage. | 
| 192 | (17)  "Members" means the governing body of the Authority, | 
| 193 | and the term "member" means one of the individuals constituting | 
| 194 | such governing body. | 
| 195 | (18)  "Municipality" means a municipality created pursuant | 
| 196 | to general or special law authorized or recognized pursuant to | 
| 197 | s. 2 or s. 6, Art. VIII of the State Constitution and located in | 
| 198 | the County. | 
| 199 | (19)  "Officer of the Authority" means a member who has | 
| 200 | been elected by the other members to serve as the Chairperson, | 
| 201 | Vice Chairperson, Secretary, Treasurer, or Assistant Secretary | 
| 202 | and Treasurer. | 
| 203 | (20)  "Person" means any individual, firm, partnership, | 
| 204 | corporation, company, association, joint stock association, or | 
| 205 | body politic and includes any trustee, receiver, assignee, or | 
| 206 | other similar representative thereof. | 
| 207 | (21)  "Policy" means a general principle adopted by the | 
| 208 | members and by which the Authority conducts its internal | 
| 209 | governance. | 
| 210 | (22)  "Regulation" means the same as "rule" as defined by | 
| 211 | this act and may be used interchangeably with the word "rule." | 
| 212 | (23)  "Resolution" means a formal, written expression of an | 
| 213 | action adopted by the members. | 
| 214 | (24)  "Revenues" means rates, fees, grants, receipts, | 
| 215 | charges, and other moneys acquired through all sources by the | 
| 216 | Authority and interest income thereon. | 
| 217 | (25)  "Rule" means each statement of general applicability | 
| 218 | adopted by the members that implements, interprets, or | 
| 219 | prescribes law or policy or describes the procedure or practice | 
| 220 | requirements of the Authority and includes any form which | 
| 221 | imposes any requirement or solicits any information not | 
| 222 | specifically required by statute or by an existing rule and may | 
| 223 | be used interchangeably with the word "regulation." | 
| 224 | (26)  "Special purpose facilities and any portion thereof" | 
| 225 | means facilities related to or to be used in connection with the | 
| 226 | airports and other aviation facilities of the Authority and | 
| 227 | located on lands at or adjacent to the airports and other | 
| 228 | aviation facilities under the control, management, and | 
| 229 | jurisdiction of the Authority and includes all property, | 
| 230 | structures, rights, easements, and franchises relating thereto | 
| 231 | and deemed necessary or convenient therefor. | 
| 232 | (27)  "Standard procedure" means the method and manner | 
| 233 | established or approved by the Chief Executive Officer or a | 
| 234 | designee of the Chief Executive Officer that implements policy | 
| 235 | for the day-to-day management of the Authority's operations. | 
| 236 | (28)  "State government" means the government of the State | 
| 237 | of Florida, the Governor, and any department, commission, | 
| 238 | corporation, agency, or other instrumentality thereof. | 
| 239 | (29)  "Surplus fund" means an unrestricted fund established | 
| 240 | by the Authority into which certain revenues of the Authority | 
| 241 | may be deposited on a monthly or more frequent basis after | 
| 242 | payment, or provision for payment, of all current expenses | 
| 243 | pursuant to its then-applicable budget and after all deposits | 
| 244 | have been made as required under its indentures, trust | 
| 245 | agreements, and other contracts. | 
| 246 | (30)  "TIA" means Tampa International Airport. | 
| 247 | Section 4.  Creation; purpose.- | 
| 248 | (1)  The Hillsborough County Aviation Authority is created, | 
| 249 | and the powers granted by this act are declared to be public and | 
| 250 | governmental functions, exercised for public purposes, and are | 
| 251 | matters of public necessity. Lands and other real and personal | 
| 252 | property, easements, and privileges acquired and used by the | 
| 253 | Authority are declared to have been acquired for and used for | 
| 254 | public and governmental purposes and as a matter of public | 
| 255 | necessity. The Authority is a public body corporate and is an | 
| 256 | independent special district. | 
| 257 | (2)  The Authority has exclusive jurisdiction, control, | 
| 258 | supervision, and management over all airports in the County and | 
| 259 | each municipality, except any airport owned, controlled, and | 
| 260 | operated by a private person. Said jurisdiction, control, | 
| 261 | supervision, and management are in the best interest of the | 
| 262 | County and each municipality. | 
| 263 | Section 5.  Membership.- | 
| 264 | (1)  The Authority shall consist of five members: one | 
| 265 | member who is the Mayor of the City of Tampa, ex officio; one | 
| 266 | member who is a member of and selected by the Board, ex officio; | 
| 267 | and three members who are appointed by the Governor. No member | 
| 268 | shall receive any compensation for services as a member. Each | 
| 269 | member appointed by the Governor shall be appointed for a term | 
| 270 | of 4 years. The Board shall appoint one of its members annually | 
| 271 | at the time of its organizational session who shall serve until | 
| 272 | its next annual appointment, provided that he or she continues | 
| 273 | to serve as a county commissioner during that time. Each member | 
| 274 | shall qualify by taking an oath to faithfully perform the duties | 
| 275 | of the office, and the oath shall be filed with the Clerk. To be | 
| 276 | eligible for appointment as a member of the Authority by the | 
| 277 | Governor, the person appointed must be a resident and citizen of | 
| 278 | the County and may not be employed by or be an elected official | 
| 279 | of the County or municipality. Each member may continue to serve | 
| 280 | until a successor has been commissioned. | 
| 281 | (2)  A majority of the members constitutes a quorum. | 
| 282 | (3)  The Governor has the power to remove any member for | 
| 283 | good cause. Within 15 days after any vacancy occurs a successor | 
| 284 | shall be appointed in the same manner as that member for which a | 
| 285 | vacancy has occurred and shall serve for the unexpired term of | 
| 286 | his or her predecessor. | 
| 287 | Section 6.  Powers.- | 
| 288 | (1)  The Authority has the power to and shall: | 
| 289 | (a)  Elect officers as follows: one member as Chairperson, | 
| 290 | one member as Vice Chairperson, one member as Secretary, one | 
| 291 | member as Treasurer, and one member as Assistant Secretary and | 
| 292 | Assistant Treasurer, each of whom shall hold office until new | 
| 293 | elections are held after any gubernatorial appointee has been | 
| 294 | commissioned. In the event of a vacancy prior to a gubernatorial | 
| 295 | appointment, the Authority will hold an election for that | 
| 296 | vacancy. | 
| 297 | (b)  Approve, file with the Clerk, and pay any surety bond | 
| 298 | required of any member and any employee of the Authority. | 
| 299 | (c)  Exclusively control, supervise, and manage all | 
| 300 | airports in the County and each municipality, except any airport | 
| 301 | owned, controlled, or operated by a private person. | 
| 302 | (d)  Advertise for sealed bids and other competitive | 
| 303 | selection processes when and as required by law; provided, | 
| 304 | however, the Authority may reject all bids, proposals, or | 
| 305 | responses and readvertise or select a single item from any bid, | 
| 306 | proposal, or response as further provided in this act. | 
| 307 | (e)  Adopt before October 1 an annual budget which has been | 
| 308 | prepared by the Chief Executive Officer and which must include | 
| 309 | an estimate of all revenues and anticipated expenditures for the | 
| 310 | following fiscal year. | 
| 311 | (f)  Require in all bond documents that moneys derived from | 
| 312 | such bonds be paid to or upon order of the Authority. | 
| 313 | (g)  Have the Authority's finances audited in the same | 
| 314 | manner as other independent special districts are audited. | 
| 315 | (2)  The Authority has the power to and may: | 
| 316 | (a)  Rely on the provisions of this act, without reference | 
| 317 | to other laws, in exercising its powers. | 
| 318 | (b)  Establish and maintain such airports in, over, and | 
| 319 | upon any public waters of this state within the limits of | 
| 320 | jurisdiction of, or bordering on any municipality, any submerged | 
| 321 | land under such public waters, and any artificial or reclaimed | 
| 322 | land which, before the artificial making or reclamation thereof, | 
| 323 | constituted a portion of the submerged land under such public | 
| 324 | waters. | 
| 325 | (c)  Construct and maintain terminal buildings, landing | 
| 326 | floats, causeways, roadways, bridges for approach to or | 
| 327 | connecting with the airport, and land floats and breakwaters for | 
| 328 | the protection of any such airport. | 
| 329 | (d)  Require the Treasurer and other officers or employees | 
| 330 | of the Authority to execute an adequate surety bond, conditioned | 
| 331 | upon the faithful performance of the duties of the office or | 
| 332 | employment and in a penal sum fixed by the Authority. | 
| 333 | (e)  Employ, pay, and provide benefits, which may include a | 
| 334 | bonus scheme, for personnel, including law enforcement officers | 
| 335 | with full police powers and a Chief Executive Officer, formerly | 
| 336 | known as the Executive Director, who shall establish positions, | 
| 337 | duties, and a pay plan, which may include a bonus scheme, for | 
| 338 | and promote, discipline, and terminate personnel; be responsible | 
| 339 | for the day-to-day administration, management, and operation of | 
| 340 | the Authority in accordance with policy established by the | 
| 341 | members; and perform other duties as may be authorized by the | 
| 342 | members. | 
| 343 | (f)  By policy or resolution, authorize the Chief Executive | 
| 344 | Officer to perform any of the powers of the Authority in whole | 
| 345 | or in part and with whatever other limitations it may find | 
| 346 | appropriate, provided that said authorization does not result in | 
| 347 | an invalid exercise of delegated legislative authority as | 
| 348 | defined in general law. | 
| 349 | (g)  Employ or contract with technical and professional | 
| 350 | experts necessary to assist the Authority in carrying out or | 
| 351 | exercising any powers granted by this act. | 
| 352 | (h)  Reimburse for all travel expenses incurred while on | 
| 353 | business for the Authority, upon requisition, any member, its | 
| 354 | attorneys, the Chief Executive Officer, and any employee of the | 
| 355 | Authority traveling under the direction of the Chief Executive | 
| 356 | Officer or the Chief Executive Officer's designee in accordance | 
| 357 | with the Authority's policies. | 
| 358 | (i)  Create, appoint, and prescribe the duties of any | 
| 359 | committee. | 
| 360 | (j)  Sue and be sued. | 
| 361 | (k)  Adopt, use, and alter a corporate seal. | 
| 362 | (l)  Publish advertisements. | 
| 363 | (m)  Waive advertisement when the Chief Executive Officer | 
| 364 | determines an emergency exists and purchases must be immediately | 
| 365 | made by the Authority. | 
| 366 | (n)  Negotiate and enter into contracts, agreements, | 
| 367 | exclusive or limited agreements, and cooperation agreements of | 
| 368 | any kind necessary for the Authority to fulfill the purposes of | 
| 369 | this act. | 
| 370 | (o)  Include contract specifications maximizing the | 
| 371 | employment of persons whose protected group has been | 
| 372 | underutilized in the past. | 
| 373 | (p)  Enter into exclusive or limited agreements with a | 
| 374 | single operator or a limited number of operators. The Authority | 
| 375 | shall grant exclusive or limited agreements to displace business | 
| 376 | competition by rule or policy whenever the Authority determines, | 
| 377 | in consideration of the factors set forth below, that any such | 
| 378 | agreement is necessary to further the purposes of this act. | 
| 379 | Before entering into any exclusive or limited agreement, the | 
| 380 | Authority shall, under authority expressly delegated by the | 
| 381 | state, determine the necessity for such an exclusive or limited | 
| 382 | agreement to further the policies and objectives stated in this | 
| 383 | act, which include public safety, public convenience, quality of | 
| 384 | service, the need to conserve airport space, the need to avoid | 
| 385 | duplication of services, the impact on the environment or | 
| 386 | facilities of the airport as an essential commercial and tourist | 
| 387 | service center, and the need to avoid destructive competition | 
| 388 | which may impair the quality of airport services to the public, | 
| 389 | lead to uncertainty, disruption, or instability in the rendering | 
| 390 | of such services, or detract from the Tampa Bay area and the | 
| 391 | state's attractiveness as a center of tourism and commerce. In | 
| 392 | making its determination, the Authority shall take evidence or | 
| 393 | make findings of fact and establish such policies it deems | 
| 394 | necessary. Nothing in this paragraph shall excuse the Authority | 
| 395 | from complying with applicable state or local requirements for | 
| 396 | competitive bidding or public hearings which may be required | 
| 397 | prior to awarding or entering into any contract or other | 
| 398 | agreement. | 
| 399 | (q)  Provide for the manual execution of any instrument on | 
| 400 | behalf of the Authority by the signature of the Chairperson or | 
| 401 | Vice Chairperson, and attested to by the Secretary or the | 
| 402 | Assistant Secretary or, if delegated by the members to do so, | 
| 403 | the Chief Executive Officer or any other Authority personnel to | 
| 404 | whom the Chief Executive Officer has delegated authority, or by | 
| 405 | their facsimile signature in accordance with the Uniform | 
| 406 | Facsimile Signature of Public Officials Act. | 
| 407 | (r)  Purchase and sell equipment, supplies, and services | 
| 408 | required for its purposes. | 
| 409 | (s)  Sell, lease, transfer, dispose of, or grant a lesser | 
| 410 | interest in any of its properties. | 
| 411 | (t)  Dispose of tangible personal property in accordance | 
| 412 | with chapter 274, Florida Statutes, as may be amended from time | 
| 413 | to time. | 
| 414 | (u)  Dispose of personal property, derelict or abandoned | 
| 415 | aircraft, and derelict or abandoned motor vehicles found on | 
| 416 | airport premises in accordance with chapter 705, Florida | 
| 417 | Statutes, as may be amended from time to time. | 
| 418 | (v)  Grant concessions. | 
| 419 | (w)  Advertise, promote, and encourage the use and | 
| 420 | expansion of facilities under its jurisdiction. | 
| 421 | (x)  Enact airport zoning regulations in accordance with | 
| 422 | chapter 333, Florida Statutes, as may be amended from time to | 
| 423 | time, to ensure the safe operation of airports under its | 
| 424 | jurisdiction; however, any such airport zoning regulations may | 
| 425 | not affect the zoning use regulations imposed by the County or | 
| 426 | any municipality. | 
| 427 | (y)  Issue a written permit, before the County or any | 
| 428 | municipality issues a building permit and upon request of the | 
| 429 | affected local government in accordance with the provisions of | 
| 430 | this act, that any construction proposed on land affected by | 
| 431 | airport zoning regulations conforms to airport zoning | 
| 432 | regulations. | 
| 433 | (z)  Acquire, own, construct, install, maintain, and | 
| 434 | operate lands and Authority facilities by purchase, gift, | 
| 435 | devise, lease, or any other means, including by eminent domain | 
| 436 | in accordance with chapters 73 and 74, Florida Statutes, as may | 
| 437 | be amended from time to time. For the purposes of making surveys | 
| 438 | and examinations relative to any condemnation proceedings, the | 
| 439 | Authority may lawfully enter upon any land, doing no unnecessary | 
| 440 | damage. The Authority may take possession of property to be | 
| 441 | acquired by condemnation at any time after the filing of the | 
| 442 | petition describing the same in condemnation proceedings as | 
| 443 | provided in general law. The Authority is not precluded from | 
| 444 | abandoning the condemnation of any such property in any case | 
| 445 | where possession has not been taken. | 
| 446 | (aa)  Reimburse the owner of any structure for which the | 
| 447 | Authority may require removal, relocation, or reconstruction | 
| 448 | located in, on, under, or across any private property, public | 
| 449 | street, highway, or other public or private places for the | 
| 450 | estimated or actual expense of the removal, relocation, or | 
| 451 | reconstruction. | 
| 452 | (bb)  Supplement and coordinate in design and operation air | 
| 453 | navigation facilities with those established and operated by the | 
| 454 | federal and state governments. | 
| 455 | (cc)  Request the County or any municipality to convey to | 
| 456 | the Authority the fee simple title to any airport or other | 
| 457 | property owned by the County or any municipality and needed for | 
| 458 | airport purposes. | 
| 459 | (dd)  Relinquish jurisdiction, control, supervision, and | 
| 460 | management over any airport or part of any airport which is | 
| 461 | under its jurisdiction but which is owned by a municipality, | 
| 462 | county, or other governmental agency, upon determining that any | 
| 463 | such airport or part of any such airport is no longer required | 
| 464 | for airport purposes; provided, however, that the consent and | 
| 465 | approval of any revenue bondholders is first obtained and | 
| 466 | necessary authorizations or approvals are received from federal | 
| 467 | agencies regulating airports. | 
| 468 | (ee)  Expend revenues for the cost of investigating, | 
| 469 | surveying, planning, acquiring, establishing, constructing, | 
| 470 | enlarging, improving, equipping, and erecting Authority | 
| 471 | facilities by appropriation of revenues or wholly or partly from | 
| 472 | the proceeds of bonds of the Authority. The term "cost" includes | 
| 473 | awards in condemnation proceedings, rentals where an acquisition | 
| 474 | is by lease, and amounts paid to utility companies for | 
| 475 | relocation of their wires, poles, and other facilities. | 
| 476 | (ff)  Incur expenses as provided in its annual budget and | 
| 477 | any amended budget. | 
| 478 | (gg)  Assess against and collect from the owner or operator | 
| 479 | of each airplane using any Authority facility a landing fee or | 
| 480 | service charge sufficient to cover the cost of the service | 
| 481 | furnished to airplanes using any such facility, which cost may | 
| 482 | include the liquidation of bonds or other indebtedness for | 
| 483 | construction and improvement. | 
| 484 | (hh)  Accept federal, state, and any other public or | 
| 485 | private moneys, grants, contributions, or loans for the | 
| 486 | acquisition, construction, enlargement, improvement, | 
| 487 | maintenance, equipment, or operation of Authority facilities, or | 
| 488 | any other lawful purpose. | 
| 489 | (ii)  Fix, alter, charge, establish, and collect rates, | 
| 490 | fees, rentals, and other charges, such as, but not limited to, | 
| 491 | customer facility charges, for the services of Authority | 
| 492 | facilities at reasonable and uniform rates. | 
| 493 | (jj)  Adopt a resolution as may be required to levy an ad | 
| 494 | valorem tax and submit it to the Board. | 
| 495 | (kk)  Apply for, hold, and periodically transfer alcoholic | 
| 496 | beverage licenses as provided by this act. | 
| 497 | (ll)  Adopt and amend rules, regulations, and policies | 
| 498 | reasonably necessary for the implementation of this act. | 
| 499 | (mm)  By resolution, fix and enforce penalties for the | 
| 500 | violation of this act or a rule, regulation, or policy adopted | 
| 501 | in accordance with this act. | 
| 502 | (nn)  Amend the budget after its adoption. | 
| 503 | (oo)  Receive, deposit, secure, and pay out moneys as | 
| 504 | provided by this act. | 
| 505 | (pp)  Designate one or more depositories which are | 
| 506 | qualified as public depositories pursuant to section 280.04, | 
| 507 | Florida Statutes, as may be amended from time to time, and | 
| 508 | thereafter establish and open an account or accounts into which | 
| 509 | revenues collected are to be deposited and from which | 
| 510 | expenditures may be made. | 
| 511 | (qq)  Establish and deposit into and expend moneys from a | 
| 512 | surplus fund by using funds other than those derived from ad | 
| 513 | valorem taxation, that may remain unexpended at the end of the | 
| 514 | fiscal year and may be set aside in a separate fund to be known | 
| 515 | as the Capital Improvement Fund and accumulated and expended | 
| 516 | from year to year solely for the purpose of building and | 
| 517 | constructing permanent improvements, replacements, alterations, | 
| 518 | buildings, and other structures, including runways, taxi strips, | 
| 519 | and aprons. | 
| 520 | (rr)  By resolution, borrow money and issue bonds in the | 
| 521 | manner and within the limitation, except as otherwise provided | 
| 522 | in this act, prescribed by general law for the issuance and | 
| 523 | authorization of bonds; however, any bonds issued by the | 
| 524 | Authority shall be self-liquidating or otherwise payable from | 
| 525 | revenues of the Authority and shall not be a lien against the | 
| 526 | general taxing powers of the County or any municipality. | 
| 527 | (ss)  Enter into any deeds of trust, indentures, or other | 
| 528 | agreements with any bank or trust company as security for its | 
| 529 | bonds, and assign and pledge any or all of its revenues. Such | 
| 530 | deeds of trust, indentures, or other agreements may contain | 
| 531 | provisions customary in such instruments or as authorized by the | 
| 532 | Authority. | 
| 533 | (tt)  Secure the payment of bonds or any part thereof by | 
| 534 | pledging all or any part of its revenues and provide for the | 
| 535 | security of said bonds and the rights and remedies of the | 
| 536 | bondholders. | 
| 537 | (uu)  Pending the preparation of definitive bonds, issue | 
| 538 | certificates or temporary bonds to the purchaser of bonds. | 
| 539 | (vv)  Transact the business of the Authority and exercise | 
| 540 | all powers necessarily incidental to the exercise of the general | 
| 541 | and special powers granted in this act and under any other law. | 
| 542 | (ww)  Exercise all powers of a local agency granted | 
| 543 | pursuant to part II of chapter 159, Florida Statutes, as may be | 
| 544 | amended from time to time, and to a governmental unit granted | 
| 545 | pursuant to part VII of chapter 159, Florida Statutes, as may be | 
| 546 | amended from time to time. | 
| 547 | (xx)  Do all acts and things necessary or convenient for | 
| 548 | the promotion of its business and the general welfare of the | 
| 549 | Authority. | 
| 550 | Section 7.  Alcoholic beverage licenses.- | 
| 551 | (1)  Alcoholic beverage licenses, as provided for in | 
| 552 | section 561.17, Florida Statutes, as may be amended from time to | 
| 553 | time, shall be issued to the Authority or other governmental | 
| 554 | agency operating TIA as provided in this section. | 
| 555 | (a)  Each such beverage license shall be issued upon the | 
| 556 | written or printed application for licenses to conduct such | 
| 557 | business, made to the Division stating the character of the | 
| 558 | business to be engaged in, the address of the building wherein | 
| 559 | the establishment sought to be licensed is or will be located, | 
| 560 | and the kind of license as defined in chapter 561, Florida | 
| 561 | Statutes, as may be amended from time to time, which the | 
| 562 | applicant desires. The application shall be in the name of the | 
| 563 | Authority or other governmental agency operating TIA and when | 
| 564 | issued shall be issued in the name of such applicant. The | 
| 565 | applicant shall pay to the Division the license fees for the | 
| 566 | kind of license that the applicant desires. | 
| 567 | (b)  Each license is renewable as provided by general law. | 
| 568 | Each beverage license shall be for the term and subject to the | 
| 569 | same privileges or renewal as provided in sections 561.26 and | 
| 570 | 561.27, Florida Statutes, as may be amended from time to time. | 
| 571 | (c)  Any business operated under any beverage license shall | 
| 572 | be operated only by a lessee of the restaurants and cocktail | 
| 573 | lounge or cocktail lounges or bars in the airlines terminal, | 
| 574 | administration building, or hotel at the airport to whom the | 
| 575 | license may be transferred. The Authority or governmental agency | 
| 576 | operating TIA and each authorized lessee shall make application | 
| 577 | to the Division for the transfer of the license to the lessee, | 
| 578 | and the application shall be approved by the Division if it | 
| 579 | meets the requirements of law to do so. Upon termination of a | 
| 580 | lease for any reason, the lessee shall immediately notify the | 
| 581 | Division to retransfer the beverage licenses to the Authority or | 
| 582 | the governmental agency operating TIA. Upon failure of a lessee | 
| 583 | to notify the Division, the Authority or the governmental agency | 
| 584 | operating TIA shall immediately notify the Division in writing | 
| 585 | to transfer the license back to the Authority or other | 
| 586 | governmental agency operating TIA which may then transfer it to | 
| 587 | another authorized lessee. Thereafter, the beverage license may | 
| 588 | be transferred to any new lessee or the restaurants and cocktail | 
| 589 | lounge, cocktail lounges, or bars upon the same terms and | 
| 590 | conditions. Any alcoholic beverage license issued in accordance | 
| 591 | with this section is the property of the Authority or the | 
| 592 | governmental agency operating TIA, subject to transfer as | 
| 593 | provided by this act. | 
| 594 | (2)  This section does not preclude persons operating on | 
| 595 | property of the Authority from acquiring an alcoholic beverage | 
| 596 | license for use on its premises pursuant to general law and the | 
| 597 | rules of the Division. | 
| 598 | Section 8.  County and municipal powers and | 
| 599 | responsibilities; private ownership transfers.- | 
| 600 | (1)  Each municipality is empowered to appropriate moneys | 
| 601 | for acquiring, establishing, constructing, enlarging, improving, | 
| 602 | maintaining, equipping, or operating airports and other air | 
| 603 | navigation facilities under the provisions of this act, and each | 
| 604 | municipality is authorized to appropriate and to raise by | 
| 605 | taxation or otherwise moneys to assist in carrying out the | 
| 606 | provisions of this act as to airports partly or wholly within | 
| 607 | the limits of each municipality. | 
| 608 | (2)  It is lawful for any municipality, and full power and | 
| 609 | authority is hereby conferred upon each municipality, to | 
| 610 | cooperate and share in the exercise of the powers and | 
| 611 | authorities conferred upon the Authority under the provisions of | 
| 612 | this act, when mutually agreed upon between any such | 
| 613 | municipality and the Authority. | 
| 614 | (3)(a)  The County and each municipality are authorized to | 
| 615 | aid and cooperate with the Authority in carrying out any | 
| 616 | authorized purpose of the Authority by: | 
| 617 | 1.  Entering into cooperation agreements with the Authority | 
| 618 | and providing in any such cooperation agreement for the making | 
| 619 | of a loan, gift, grant, or contribution to the Authority. | 
| 620 | 2.  Granting and conveying to the Authority real or | 
| 621 | personal property, of any kind or nature, or any interest | 
| 622 | therein. | 
| 623 | 3.  Covenanting in any such cooperation agreement made | 
| 624 | pursuant to this section to pay all or any part of: | 
| 625 | a.  The costs of operation and maintenance of Authority | 
| 626 | facilities from moneys derived from ad valorem taxation or from | 
| 627 | any other available funds of the County or a municipality. | 
| 628 | b.  The principal of and interest on any revenue bonds of | 
| 629 | the Authority. | 
| 630 | c.  The deposits required to be made into any reserve, the | 
| 631 | Capital Improvement Fund, or other funds established by the | 
| 632 | Authority, any indenture, deed of trust, or other instrument | 
| 633 | securing said revenue bonds from any available funds of the | 
| 634 | County or a municipality other than moneys derived from ad | 
| 635 | valorem taxes. | 
| 636 | (b)  Any cooperation agreement may be made and entered into | 
| 637 | for such time or times not to exceed 40 years or for such longer | 
| 638 | time as any revenue bonds of the Authority, including refunding | 
| 639 | thereof, remain outstanding and unpaid, and may contain such | 
| 640 | other details, terms, provisions, and conditions as may be | 
| 641 | agreed upon. | 
| 642 | (c)  Any cooperation agreement may be made and entered into | 
| 643 | for the benefit of the holders of any revenue bonds of the | 
| 644 | Authority as well as the parties thereto and is enforceable in | 
| 645 | any court of competent jurisdiction by the holders of any such | 
| 646 | revenue bonds or of the coupons appertaining thereto. | 
| 647 | (4)  The County and each municipality are authorized and | 
| 648 | empowered to convey the fee simple title to any real property | 
| 649 | needed for airport purposes and owned by either the County or a | 
| 650 | municipality to the Authority. | 
| 651 | (5)  Before the County or any municipality issues a | 
| 652 | building permit authorizing building on land affected by airport | 
| 653 | zoning regulations, it must obtain a written permit from the | 
| 654 | Authority to certify that the construction conforms to the | 
| 655 | regulations required by the airport zoning regulations. | 
| 656 | (6)(a)  Any municipality, the County, or any private owner | 
| 657 | may, and each is authorized to, sell, lease, lend, grant, or | 
| 658 | convey to the Authority any interest in real or personal | 
| 659 | property which may be used by the Authority in the construction, | 
| 660 | improvement, maintenance, leasing, or operation of Authority | 
| 661 | facilities. Any municipality, the County, or any other owner is | 
| 662 | additionally authorized to transfer, assign, and set over to the | 
| 663 | Authority any contract or contracts which may have been awarded | 
| 664 | by said municipality, the County, or said owner for the | 
| 665 | construction of Authority facilities not begun or, if begun, not | 
| 666 | completed. | 
| 667 | (b)  Any such action by the County or any municipality must | 
| 668 | be approved by the governing body of the County or the | 
| 669 | municipality expressed by resolution or ordinance. | 
| 670 | (c)  Notwithstanding any other provision of law, this | 
| 671 | section is complete authority for the acquisition by agreement | 
| 672 | of airports and other aviation facilities and facilities related | 
| 673 | thereto and any portion thereof and no other action is required. | 
| 674 | Section 9.  Bonds.- | 
| 675 | (1)  Bonds may be issued to finance one or more or a | 
| 676 | combination of Authority facilities. Subject to any prior rights | 
| 677 | of bondholders, proceeds of such bonds may be pledged and used | 
| 678 | to pay the cost of the acquisition, construction, or improvement | 
| 679 | of one or more or a combination of Authority facilities or to | 
| 680 | refund bonds previously issued for such purpose. Revenues of the | 
| 681 | Authority, regardless of the airport project or other source | 
| 682 | from which they are derived, may be pledged to pay bonds issued | 
| 683 | to finance the cost of Authority facilities and to pay refunding | 
| 684 | bonds and ancillary costs associated with such financings. | 
| 685 | (2)  Except as otherwise provided by this act, security, | 
| 686 | payment provisions, contracts, terms, and other attributes of | 
| 687 | bonds issued by the Authority shall be specified by the | 
| 688 | Authority by initial or amendatory resolution, trust agreement, | 
| 689 | or other bond documentation. | 
| 690 | (3)  The bonds shall be executed by manual or facsimile | 
| 691 | signature by the officers the Authority has designated, provided | 
| 692 | that such bonds bear at least one signature which is manually | 
| 693 | executed to the extent required by general law. Any coupons | 
| 694 | attached to the bonds shall bear the facsimile signature or | 
| 695 | signatures of the officer or officers designated by the | 
| 696 | Authority. If any member or officer whose manual or facsimile | 
| 697 | signature appears on any bond or coupon ceases to be a member or | 
| 698 | an officer before the delivery of the bonds, such signature | 
| 699 | shall be valid and sufficient for all purposes as if that member | 
| 700 | or officer had remained in office until delivery. The bonds | 
| 701 | shall bear the seal of the Authority affixed as provided by | 
| 702 | resolution. | 
| 703 | (4)  Bonds may be sold either at public or private sale at | 
| 704 | such price or prices determined by the Authority. | 
| 705 | (5)  Any bonds issued pursuant to this act are negotiable | 
| 706 | instruments and investment securities under chapter 678, Florida | 
| 707 | Statutes, as may be amended from time to time. | 
| 708 | (6)  The pledge by the Authority of its revenues to the | 
| 709 | payment of its bonds by the terms of a resolution or through any | 
| 710 | deed of trust, indenture, or other agreement creates a valid and | 
| 711 | binding lien thereon and a prior perfected security interest | 
| 712 | therein from the time the pledge is made. Any revenues so | 
| 713 | pledged are immediately subject to a lien of such pledge without | 
| 714 | any physical delivery thereof or further act, and the lien of | 
| 715 | any such pledge shall be valid and binding against all parties | 
| 716 | having claims of any kind against the Authority, irrespective of | 
| 717 | whether such parties have notice thereof. No resolution, deed of | 
| 718 | trust, indenture, or other agreement by which a pledge is | 
| 719 | created need be filed or recorded, except in the records of the | 
| 720 | Authority, and notice is not required to be given to any obligor | 
| 721 | of such revenues. No filings under the Florida Uniform | 
| 722 | Commercial Code are required in order to perfect any pledge | 
| 723 | granted. | 
| 724 | (7)  No approval of the qualified electors or qualified | 
| 725 | freeholders of the state or of the County may be required for | 
| 726 | the issuance of any bonds by the Authority unless such approval | 
| 727 | is required by the provisions of the Constitution of the State | 
| 728 | of Florida. | 
| 729 | (8)  Notwithstanding any other provision of law, bonds | 
| 730 | issued by the Authority are legal investments for banks, savings | 
| 731 | banks, trustees, executors, all other fiduciaries, and all | 
| 732 | state, municipal, and other public funds. Any such bonds are | 
| 733 | securities eligible for deposit for the securing of all state, | 
| 734 | municipal, and other public funds. | 
| 735 | Section 10.  Bondholder rights and remedies.- | 
| 736 | (1)  The Authority may not do anything that will impair the | 
| 737 | security of the bondholders of the Authority or violate any | 
| 738 | agreement with them for their benefit. | 
| 739 | (2)(a)  In addition to any other rights and remedies | 
| 740 | lawfully granted to bondholders in law, unless otherwise | 
| 741 | provided by the resolution or resolutions providing for the | 
| 742 | issuance of bonds, or by any deed of trust, indenture, or other | 
| 743 | agreement under which the bonds have been issued, holders of 25 | 
| 744 | percent or such other percentage as may be specified in any deed | 
| 745 | of trust, indenture, or other agreement under which the bonds | 
| 746 | were issued in the aggregate principal amount of the bonds then | 
| 747 | outstanding are entitled to appoint a trustee, upon notice as | 
| 748 | provided in this act and for the purpose provided in this act, | 
| 749 | if the Authority defaults in the payment of principal or | 
| 750 | interest for a period of 30 days after either becomes due, | 
| 751 | whether at maturity or upon call for redemption, or if the | 
| 752 | Authority fails to comply with the provisions of this act, its | 
| 753 | resolution or resolutions, or the requirements of any deed of | 
| 754 | trust, indenture, or other agreement under which the bonds were | 
| 755 | issued. Any such bondholders must first give written notice of | 
| 756 | their intention to appoint a trustee to the Authority by | 
| 757 | certified United States mail addressed to the chairperson of the | 
| 758 | Authority at the principal office of the Authority and to the | 
| 759 | holders of all other bonds then outstanding at their addresses | 
| 760 | shown on the registration books maintained by the Authority or | 
| 761 | the bond registrar. For purposes of this paragraph, any trustee | 
| 762 | appointed to serve in that capacity pursuant to a deed of trust, | 
| 763 | trust agreement, indenture, or other document by which bonds of | 
| 764 | the Authority have been issued is deemed to have been selected | 
| 765 | by the holders of bonds issued under that instrument. If more | 
| 766 | than one trustee is designated, either by two or more written | 
| 767 | instruments or pursuant to the provisions of this paragraph, the | 
| 768 | group of bondholders owning the highest percentage of bonds | 
| 769 | outstanding has the right to designate the single trustee to | 
| 770 | serve in that capacity for purposes of this act. | 
| 771 | (b)  Unless otherwise provided in any instrument pursuant | 
| 772 | to which such bonds were issued, any trustee, whether appointed | 
| 773 | by bondholders in accordance with the provisions of this act or | 
| 774 | in accordance with the terms of any deed of trust, indenture, or | 
| 775 | other agreement, may, upon written request of the holders of 25 | 
| 776 | percent or such other percentage as may be specified in any deed | 
| 777 | of trust, indenture, or other agreement under which the bonds | 
| 778 | were issued in the aggregate principal amount of the bonds then | 
| 779 | outstanding may, in any court of competent jurisdiction, in his, | 
| 780 | her, or its own name: | 
| 781 | 1.  By mandamus or other suit, action, or proceeding at law | 
| 782 | or in equity, enforce all rights of the bondholders, including | 
| 783 | the right to require the Authority to fix, establish, maintain, | 
| 784 | collect, and charge rates, fees, rentals, and other charges | 
| 785 | adequate to carry out any agreement as to, or pledge of, the | 
| 786 | revenues of the Authority, and to require the Authority to carry | 
| 787 | out any other agreements with or for the benefit of the | 
| 788 | bondholders, and to perform its and their duties under this act. | 
| 789 | 2.  Bring suit upon the bonds. | 
| 790 | 3.  By action or suit in equity, require the Authority to | 
| 791 | account as if it were the trustee of an express trust for the | 
| 792 | bondholders. | 
| 793 | 4.  By action or suit in equity, enjoin any acts or things | 
| 794 | which may be unlawful or in violation of the rights of the | 
| 795 | bondholders. | 
| 796 | 5.  By written notice given in the same manner as provided | 
| 797 | by this act to the Authority declare all bonds due and payable | 
| 798 | and, if all defaults are made good and with the consent of the | 
| 799 | holders of 25 percent or such other percentage as may be | 
| 800 | specified in any deed of trust, indenture, or other agreement | 
| 801 | under which the bonds were issued in the aggregate principal | 
| 802 | amount of the bonds then outstanding, annul such declaration and | 
| 803 | its consequences. | 
| 804 | (3)  Unless otherwise provided in any bond resolution, deed | 
| 805 | of trust, indenture, or other agreement pursuant to which bonds | 
| 806 | were issued, if a default continues for more than 60 days after | 
| 807 | written notice to the Authority, any trustee when appointed as | 
| 808 | aforesaid, or acting under a deed of trust, indenture, or other | 
| 809 | agreement, and whether or not all bonds have been declared due | 
| 810 | and payable, upon the happening of any of the events of default | 
| 811 | specified in this section, shall be entitled as of right to | 
| 812 | appoint a receiver. The receiver may enter and take possession | 
| 813 | of any of the Authority facilities for which the Authority is in | 
| 814 | default as provided herein, or any part or parts thereof and the | 
| 815 | revenues which are or may be applicable to the payment of the | 
| 816 | bonds in default and operate and maintain the same, for and on | 
| 817 | behalf of and in the name of the Authority and the bondholders. | 
| 818 | The receiver shall collect revenues in the same manner as the | 
| 819 | Authority might, and shall use and apply such funds in | 
| 820 | accordance with the applicable bond documents or, if not so | 
| 821 | specified into a separate account, as directed by the court. | 
| 822 | (4)  Nothing in this section or any other section of this | 
| 823 | act authorizes any receiver appointed to sell, assign, mortgage, | 
| 824 | or otherwise dispose of any assets of the Authority. The powers | 
| 825 | of such receiver are limited to the operation and maintenance of | 
| 826 | the Authority facilities as the court may direct, in the name of | 
| 827 | and for and on behalf of the Authority and the bondholders. No | 
| 828 | holder of bonds or any court or any trustee is empowered by this | 
| 829 | act to sell, assign, mortgage, or otherwise dispose of any | 
| 830 | assets of whatever kind or character belonging to the Authority. | 
| 831 | Section 11.  Award of contracts.- | 
| 832 | (1)(a)  All Authority purchases of construction, | 
| 833 | improvements, repairs, equipment, supplies, materials, services, | 
| 834 | or work of any nature, where the entire cost or value exceeds | 
| 835 | $30,000, shall be done only under contract or contracts approved | 
| 836 | and awarded by the Authority with the lowest responsive and | 
| 837 | qualified responsible bidder, respondent, or proposer, upon | 
| 838 | proper terms, after advertisement has been given asking for | 
| 839 | competitive bids, responses, or proposals, provided that the | 
| 840 | Authority may reject any and all bids, responses, or proposals. | 
| 841 | (b)  These requirements do not apply to: | 
| 842 | 1.  Purchases made pursuant to the Consultants' Competitive | 
| 843 | Negotiation Act; | 
| 844 | 2.  Purchases of required equipment, supplies, materials, | 
| 845 | or services that are highly specialized or proprietary, or when | 
| 846 | no other authorized vendor can supply the required equipment, | 
| 847 | supplies, materials, or services; | 
| 848 | 3.  Purchases of equipment, supplies, materials, or | 
| 849 | services through a contract issued by a federal, state, or local | 
| 850 | government if such contract was procured using a full and open | 
| 851 | competitive process; | 
| 852 | 4.  Emergency purchases necessary to mitigate a situation | 
| 853 | which threatens the safety of employees or passengers, the | 
| 854 | operation of the airport, or loss of airport property; | 
| 855 | 5.  Certain recurring, mandatory, day-to-day expenditures | 
| 856 | such as utilities, government fees, and taxes; | 
| 857 | 6.  Work performed by employees of the Authority; | 
| 858 | 7.  Labor supplied by the federal, state, or local | 
| 859 | government; | 
| 860 | 8.  Contracts or establishment and compliance with rules | 
| 861 | concerning labor and materials and other related matters in | 
| 862 | connection with any project, or portion thereof, as the | 
| 863 | Authority may deem desirable or as may be requested by the | 
| 864 | federal or state government assisting in the financing of | 
| 865 | Authority facilities; | 
| 866 | 9.  Any situation in which the Authority has taken over by | 
| 867 | transfer or assignment any contract authorized to be assigned to | 
| 868 | it under the provisions relating to the transfer of existing | 
| 869 | facilities to the Authority as provided by this act; | 
| 870 | 10.  Any contract in connection with the construction of | 
| 871 | Authority facilities which the Authority has had transferred to | 
| 872 | it; and | 
| 873 | 11.  Any contract or agreement between the Authority and | 
| 874 | any engineers, architects, attorneys, agents, or other | 
| 875 | professional services. | 
| 876 | (c)  Any contract subject to section 255.05, Florida | 
| 877 | Statutes, as may be amended from time to time, in excess of | 
| 878 | $15,000 shall not be entered into for construction, improvement, | 
| 879 | or repair of Authority facilities unless the contractor has | 
| 880 | sufficient surety or sureties, approved by the Authority, and in | 
| 881 | an amount fixed by the Authority, for the faithful performance | 
| 882 | of the contract. Any such contract shall include provisions that | 
| 883 | the person entering into the contract with the Authority will | 
| 884 | pay for all materials furnished and services rendered for the | 
| 885 | performance of the contract and may maintain an action to | 
| 886 | recover for the same against the obligor in the undertaking, as | 
| 887 | though such person was named therein, provided the action is | 
| 888 | brought within 1 year after the time the cause of action | 
| 889 | accrued. Nothing in this section shall be construed to limit the | 
| 890 | power of the Authority to construct, repair, or improve | 
| 891 | Authority facilities or any addition, betterment, or extension | 
| 892 | thereto, directly by the officers, agents, and employees of the | 
| 893 | Authority, or otherwise than by contract. | 
| 894 | (2)  The Authority may use, as an alternative, the | 
| 895 | provisions of section 255.20, Florida Statutes, as may be | 
| 896 | amended from time to time, to satisfy the competitive | 
| 897 | procurement requirements of this section. | 
| 898 | Section 12.  Legal effects.-Any acquisition of property or | 
| 899 | rights therein for Authority facilities, or for airport | 
| 900 | protection privileges, including the conveyance and acceptance | 
| 901 | thereof, and any bonds issued and sold up to and including the | 
| 902 | effective date of this act are validated. | 
| 903 | Section 13.  Ad valorem tax.-When the Authority prepares | 
| 904 | its annual budget and finds it necessary to levy an ad valorem | 
| 905 | tax, it shall adopt a resolution determining the estimated | 
| 906 | amounts to be expended by the Authority in the ensuing fiscal | 
| 907 | year, exclusive of the proceeds of any bonds or other | 
| 908 | obligations of the Authority, for acquiring, establishing, | 
| 909 | constructing, enlarging, operating, and maintaining Authority | 
| 910 | facilities or for any other corporate purpose of the Authority, | 
| 911 | and request the Board to levy the tax, not to exceed 1.5 mills | 
| 912 | per annum, on all the taxable real and personal property in the | 
| 913 | County for the exclusive use of the Authority and for the | 
| 914 | purposes provided in this section. The Authority shall submit a | 
| 915 | certified copy of any such resolution to the Board at the same | 
| 916 | time it submits its annual budget to the Clerk. The Board has no | 
| 917 | right or authority to alter either the amount of the levy | 
| 918 | request or the use of its proceeds or to in any way alter the | 
| 919 | budget of the Authority. The Board shall authorize the levy | 
| 920 | requested. The tax collector of the County shall collect and | 
| 921 | promptly pay over to the Authority the proceeds of such tax. | 
| 922 | Section 14.  Prohibition on the use of the taxing power of | 
| 923 | the state.-The Authority has no power to pledge the taxing power | 
| 924 | of the state, or any political subdivision or agency thereof, | 
| 925 | nor shall any of the obligations issued by the Authority be | 
| 926 | deemed to be obligations of the state, or any political | 
| 927 | subdivision or agency thereof, secured by and payable from the | 
| 928 | ad valorem taxes thereof. The state, or any political | 
| 929 | subdivision or agency thereof, is not liable for the payment of | 
| 930 | principal of or interest on such obligations, except from the | 
| 931 | special funds provided for in this act. | 
| 932 | Section 15.  Covenant of the state.-The state pledges and | 
| 933 | agrees with the Federal Government and any person acquiring any | 
| 934 | bonds issued by the Authority for the construction, extension, | 
| 935 | improvement, or enlargement of Authority facilities that the | 
| 936 | state will not limit or alter the rights vested in the Authority | 
| 937 | until all bonds at any time issued, together with the interest | 
| 938 | thereon, are fully paid and discharged. The state further | 
| 939 | pledges and agrees with the Federal Government that if the | 
| 940 | Federal Government contributes any funds for the construction, | 
| 941 | extension, improvement, or enlargement of Authority facilities | 
| 942 | the state will not alter or limit the rights and powers of the | 
| 943 | Authority in any manner which would be inconsistent with the | 
| 944 | continued maintenance, operation, or the improvement of | 
| 945 | Authority facilities or which would be inconsistent with the due | 
| 946 | performance of any agreements between the Authority and the | 
| 947 | Federal Government. The Authority shall continue to have and may | 
| 948 | exercise all powers granted in this act, so long as the same are | 
| 949 | necessary or desirable for the carrying out of the purposes of | 
| 950 | this act and the purposes of the Federal Government in the | 
| 951 | construction, improvement, maintenance, or enlargement of | 
| 952 | Authority facilities. | 
| 953 | Section 16.  Exemption from taxation.-Any property owned or | 
| 954 | otherwise acquired by the Authority is exempt from taxation to | 
| 955 | the same extent as other property used for public purposes. The | 
| 956 | effectuation of the authorized purposes of the Authority shall | 
| 957 | and will be, in all respects, for the benefit of the people of | 
| 958 | the state and the County for the increase of their commerce and | 
| 959 | prosperity, and for the improvement of their welfare, health, | 
| 960 | and living conditions and, since the Authority will be | 
| 961 | performing essential governmental functions in effectuating such | 
| 962 | purposes, the Authority is not required to pay any taxes or | 
| 963 | assessments of any kind or nature whatsoever upon any property | 
| 964 | required or used by it for such purposes, or any rates, fees, | 
| 965 | rentals, receipts, or incomes at any time received by it, and | 
| 966 | the bonds issued by the Authority, their transfer and the income | 
| 967 | therefrom, including any profits made in the sale thereof, and | 
| 968 | any security instruments or agreements securing the repayment | 
| 969 | thereof, are free from taxation of any kind by the state or any | 
| 970 | political subdivision or taxing agency or instrumentality | 
| 971 | thereof. | 
| 972 | Section 17.  Discrimination prohibited.- | 
| 973 | (1)(a)  The Authority and its lessees, including successors | 
| 974 | in interest, shall not because of race, color, sex, religion, | 
| 975 | national origin, age, handicap, or marital status of any | 
| 976 | individual refuse to hire, employ, bar, or discharge from | 
| 977 | employment such individual or otherwise discriminate against | 
| 978 | such individual with respect to compensation, hire, tenure, | 
| 979 | terms, conditions, or privileges of employment. | 
| 980 | (b)  No person on the grounds of race, color, sex, | 
| 981 | religion, national origin, age, handicap, or marital status | 
| 982 | shall be excluded from the participation in, denied the benefits | 
| 983 | of, or otherwise subjected to discrimination in the use of | 
| 984 | leased premises of the Authority. | 
| 985 | (c)  In furnishing services or materials, or in the | 
| 986 | construction of any improvements, no person shall be excluded | 
| 987 | from participation in, denied the benefits of, or otherwise | 
| 988 | subjected to discrimination with respect thereto. | 
| 989 | (2)  There is no right to apply to the court for relief on | 
| 990 | account of any order, requirement, decision, determination, or | 
| 991 | action of the Authority pursuant to this section unless there | 
| 992 | has been an appeal to the Authority. | 
| 993 | Section 18.  Recodification.-Prior to July 1, 2022, and | 
| 994 | every 10 years thereafter, The Hillsborough County Legislative | 
| 995 | Delegation shall review this chapter, and all acts which amend | 
| 996 | or otherwise modify this chapter, for the purpose of determining | 
| 997 | whether there is a need for recodification of same. If it is | 
| 998 | determined that there is such a need, the legislative delegation | 
| 999 | may require the Authority to accomplish same, and to prepare or | 
| 1000 | cause to be prepared such legislation as may be necessary for | 
| 1001 | such purpose by preparing such legislation. | 
| 1002 | Section 19.  Grammatical usage.-The singular includes the | 
| 1003 | plural and vice versa, and gender-specific language includes the | 
| 1004 | other gender and neuter. | 
| 1005 | Section 20.  Severability.-The provisions of this act are | 
| 1006 | severable, and if any of the provisions hereof shall be held to | 
| 1007 | be unconstitutional or invalid, such determination shall not | 
| 1008 | affect the constitutionality or validity of any of the remaining | 
| 1009 | provisions of this act. | 
| 1010 | Section 4.  Chapters 2003-370 and 2007-292, Laws of | 
| 1011 | Florida, are repealed. Such repeal does not affect the | 
| 1012 | prosecution of any cause of action that accrued before the | 
| 1013 | effective date of the repeal and does not affect rules, | 
| 1014 | regulations, policies, actions, and decisions, contracts, | 
| 1015 | agreements, obligations, and properties of the Authority | 
| 1016 | existing prior to the effective date of this act. Nothing in | 
| 1017 | this act is intended, nor shall any provision hereof be | 
| 1018 | construed so as to repeal, abrogate, impair, or adversely affect | 
| 1019 | the rights and remedies of the holders of any obligations of the | 
| 1020 | Authority issued pursuant to the existing acts or any other | 
| 1021 | applicable provision of law. | 
| 1022 | Section 5.  This act shall take effect upon becoming a law. |