HB 575

1
A bill to be entitled
2An act relating to the Hillsborough County Aviation
3Authority; codifying, reenacting, and amending the
4Authority's special acts; providing that the act is a
5reviser; deleting provisions which have expired, have
6had their effect, have served their purpose, or have
7been impliedly repealed or superseded; replacing
8incorrect cross references and citations; correcting
9grammatical, typographical, and like errors; removing
10inconsistencies and redundancies; improving clarity
11and facilitating correct interpretation; clarifying
12definitions; providing that independent special
13districts operate to serve a public purpose;
14incorporating specific references to existing
15practices; clarifying procedure for election of
16members; clarifying that advertisement provisions
17pertain to sealed bids and other competitive selection
18processes when and as required; clarifying employment
19responsibilities; clarifying procedures for manual
20execution of instruments on behalf of the Authority;
21providing that the Authority can dispose of personal
22property, derelict or abandoned aircraft, and derelict
23or abandoned vehicles in accordance with existing
24statutory law; deleting the requirement that the
25Authority may not hold alcoholic beverage licenses
26exceeding a certain number; clarifying the
27requirements for award of contracts and clarifying
28when such requirements do not apply; providing for
29recodification; repealing chapters 2003-370 and 2007-
30292, Laws of Florida, relating to the Authority;
31providing a savings clause; providing an effective
32date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Pursuant to s. 189.429, Florida Statutes, this
37act constitutes the codification of all special acts relating to
38the Hillsborough County Aviation Authority. It is the intent of
39the Legislature in enacting this law to provide a single,
40comprehensive special act charter for the Authority, including
41all current legislative authority granted to the Authority by
42its several legislative enactments and any additional authority
43granted by this act.
44     Section 2.  Chapters 2003-370 and 2007-292, Laws of
45Florida, relating to the Hillsborough County Aviation Authority,
46are codified, reenacted, amended, and repealed as provided in
47this act.
48     Section 3.  The charter for the Hillsborough County
49Aviation 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
54supersede chapters 2003-370 and 2007-292, Laws of Florida,
55relating to the Hillsborough County Aviation Authority, and is a
56codification, a compilation of previously existing legislation
57relating to the Authority.
58     (2)  The codification is also to act as a reviser's bill,
59deleting provisions which have expired, have had their effect,
60have served their purpose, or have been impliedly repealed or
61superseded; replacing incorrect cross references and citations,
62correcting grammatical, typographical, and like errors; removing
63inconsistencies and redundancies; and improving clarity and
64facilitating correct interpretation. It is the intent of the
65Legislature to define frequently used terms and to reflect
66standard business practices required for an independent special
67district to conduct its business which have not been previously
68enumerated.
69     (3)  The Authority shall comply with federal law regarding
70expenditure of federal moneys.
71     (4)  This act shall not be construed as impairing or
72infringing upon any rights, privileges, or benefits enjoyed by
73any employee of the Authority who is so employed on the
74effective date of this act.
75     (5)  The members and employees of the Authority shall
76comply with part III of chapter 112, Florida Statutes, as may be
77amended from time to time.
78     (6)  This act provides an additional, alternative, and
79complete method for the exercise of the powers granted and
80authorized by this act and shall be regarded as supplemental to
81powers conferred by other laws and shall not be regarded as a
82derogation of any powers now existing.
83     (7)  The Legislature declares that independent special
84districts operate to serve a public purpose and are a legitimate
85method available for use by the public sector to manage, own,
86operate, construct, and finance basic capital infrastructure,
87facilities, and services.
88     (8)  Regarding the airport facilities and concessions, the
89Legislature finds and declares:
90     (a)  The proper operation of the publicly owned or operated
91airports in the County is essential to the welfare of the people
92of the Tampa Bay area, the state, and its people.
93     (b)  The publicly owned or operated airports in the County
94establish a vital transportation link between the state and the
95economic systems of the nation and the world and enable the
96state to enjoy and provide the benefits of an international
97tourist and commercial center.
98     (c)  The economic validity and stability of the publicly
99owned or operated airports in the County is a matter of
100statewide importance.
101     (d)  The policy of this state is to promote the development
102of commerce and tourism to secure to the people of this state
103the benefits of those activities conducted in the state.
104     (e)  The proper operation of the publicly owned or operated
105airports in the County is essential to the welfare of the state
106and its people, and the Legislature recognizes and affirms such
107operation as a governmental function to be discharged in
108furtherance of the policy of securing the benefits of commerce
109and tourism for the state and its people.
110     (9)  The Authority shall manage airport facilities and
111grant airport concessions to further the development of commerce
112and tourism in or affecting the Tampa Bay area and the state. In
113managing its facilities and granting concessions for services to
114the public, the Authority shall promote the development of
115commerce 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
119quality service.
120     (d)  Limiting or prohibiting business competition which is
121destructive to the ends of promoting commerce and tourism in the
122state.
123     (e)  Allocating limited airport resources to promote such
124ends.
125     (f)  Fostering Florida's image as a commercial and tourist
126center.
127     Section 3.  Definitions.-As used in this act, unless
128otherwise specifically defined or unless another intention
129clearly appears:
130     (1)  "Advertisement" means a notice published at least once
131a week for 2 consecutive weeks in at least two newspapers of
132general circulation in the County, as defined in general law, as
133may be amended from time to time.
134     (2)  "Air navigation" means the operation or navigation of
135aircraft in the air space over the County or upon any airport or
136restricted landing area within the County.
137     (3)  "Air navigation facility" means any facility used in,
138available for use in, or designed for use in aid of air
139navigation, including airports, restricted landing areas, and
140any structures, mechanisms, lights, beacons, marks,
141communicating systems, or other instrumentalities or devices
142used or useful as an aid or constituting an advantage or
143convenience to the safe taking off, navigation, and landing of
144aircraft or the safe and efficient operation or maintenance of
145an airport or restricted landing area, and any combination of
146any or all of such facilities.
147     (4)  "Airport" means any area of land or water which is
148designed for the landing and taking off of aircraft, whether or
149not facilities are provided for the shelter, servicing, or
150repair of aircraft or for receiving, servicing, and discharging
151passengers or cargo, all appurtenant areas used or suitable for
152airport buildings or other airport facilities, and all
153appurtenant rights-of-way.
154     (5)  "Airports and other aviation facilities and facilities
155related thereto and any portion thereof" means and includes
156airports, buildings, structures, terminal buildings, parking
157garages and lots, space, hangars, lands, warehouses, shops,
158hotels, other aviation facilities of any kind or nature, or any
159other facilities of any kind or nature related to or connected
160with said airports and other aviation facilities which the
161Authority is authorized by law to construct, acquire, own,
162lease, or operate, together with all fixtures, equipment, and
163property, real or personal, tangible or intangible, necessary,
164appurtenant, or incidental thereto.
165     (6)  "Airport purposes" means and includes airport,
166restricted landing area, and other air navigation facility
167purposes.
168     (7)  "Authority" means the Hillsborough County Aviation
169Authority.
170     (8)  "Authority facility" means an airport, airports and
171other aviation facilities and facilities related thereto and any
172portion thereof, air navigation facilities, and special purpose
173facilities and any portion thereof.
174     (9)  "Board" means the Board of County Commissioners of
175Hillsborough County.
176     (10)  "Bond" means notes, bonds, certificates, refunding
177bonds, and other obligations.
178     (11)  "Clerk" means Clerk of the Court of Hillsborough
179County.
180     (12)  "County" means the County of Hillsborough.
181     (13)  "Division" means the Florida Department of Business
182and Professional Regulation, Division of Alcoholic Beverages and
183Tobacco or any successor agency.
184     (14)  "Federal" or "Federal Government" means the United
185States government, the President of the United States, and any
186department, corporation, commission, agency, or other
187instrumentality thereof.
188     (15)  "Governor" means the Governor of the State of
189Florida.
190     (16)  "Instrument" means a formal or legal document in
191writing, such as a contract, deed, bond, lease, or mortgage.
192     (17)  "Members" means the governing body of the Authority,
193and the term "member" means one of the individuals constituting
194such governing body.
195     (18)  "Municipality" means a municipality created pursuant
196to general or special law authorized or recognized pursuant to
197s. 2 or s. 6, Art. VIII of the State Constitution and located in
198the County.
199     (19)  "Officer of the Authority" means a member who has
200been elected by the other members to serve as the Chairperson,
201Vice Chairperson, Secretary, Treasurer, or Assistant Secretary
202and Treasurer.
203     (20)  "Person" means any individual, firm, partnership,
204corporation, company, association, joint stock association, or
205body politic and includes any trustee, receiver, assignee, or
206other similar representative thereof.
207     (21)  "Policy" means a general principle adopted by the
208members and by which the Authority conducts its internal
209governance.
210     (22)  "Regulation" means the same as "rule" as defined by
211this act and may be used interchangeably with the word "rule."
212     (23)  "Resolution" means a formal, written expression of an
213action adopted by the members.
214     (24)  "Revenues" means rates, fees, grants, receipts,
215charges, and other moneys acquired through all sources by the
216Authority and interest income thereon.
217     (25)  "Rule" means each statement of general applicability
218adopted by the members that implements, interprets, or
219prescribes law or policy or describes the procedure or practice
220requirements of the Authority and includes any form which
221imposes any requirement or solicits any information not
222specifically required by statute or by an existing rule and may
223be used interchangeably with the word "regulation."
224     (26)  "Special purpose facilities and any portion thereof"
225means facilities related to or to be used in connection with the
226airports and other aviation facilities of the Authority and
227located on lands at or adjacent to the airports and other
228aviation facilities under the control, management, and
229jurisdiction of the Authority and includes all property,
230structures, rights, easements, and franchises relating thereto
231and deemed necessary or convenient therefor.
232     (27)  "Standard procedure" means the method and manner
233established or approved by the Chief Executive Officer or a
234designee of the Chief Executive Officer that implements policy
235for the day-to-day management of the Authority's operations.
236     (28)  "State government" means the government of the State
237of Florida, the Governor, and any department, commission,
238corporation, agency, or other instrumentality thereof.
239     (29)  "Surplus fund" means an unrestricted fund established
240by the Authority into which certain revenues of the Authority
241may be deposited on a monthly or more frequent basis after
242payment, or provision for payment, of all current expenses
243pursuant to its then-applicable budget and after all deposits
244have been made as required under its indentures, trust
245agreements, and other contracts.
246     (30)  "TIA" means Tampa International Airport.
247     Section 4.  Creation; purpose.-
248     (1)  The Hillsborough County Aviation Authority is created,
249and the powers granted by this act are declared to be public and
250governmental functions, exercised for public purposes, and are
251matters of public necessity. Lands and other real and personal
252property, easements, and privileges acquired and used by the
253Authority are declared to have been acquired for and used for
254public and governmental purposes and as a matter of public
255necessity. The Authority is a public body corporate and is an
256independent special district.
257     (2)  The Authority has exclusive jurisdiction, control,
258supervision, and management over all airports in the County and
259each municipality, except any airport owned, controlled, and
260operated by a private person. Said jurisdiction, control,
261supervision, and management are in the best interest of the
262County and each municipality.
263     Section 5.  Membership.-
264     (1)  The Authority shall consist of five members: one
265member who is the Mayor of the City of Tampa, ex officio; one
266member who is a member of and selected by the Board, ex officio;
267and three members who are appointed by the Governor. No member
268shall receive any compensation for services as a member. Each
269member appointed by the Governor shall be appointed for a term
270of 4 years. The Board shall appoint one of its members annually
271at the time of its organizational session who shall serve until
272its next annual appointment, provided that he or she continues
273to serve as a county commissioner during that time. Each member
274shall qualify by taking an oath to faithfully perform the duties
275of the office, and the oath shall be filed with the Clerk. To be
276eligible for appointment as a member of the Authority by the
277Governor, the person appointed must be a resident and citizen of
278the County and may not be employed by or be an elected official
279of the County or municipality. Each member may continue to serve
280until 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
283good cause. Within 15 days after any vacancy occurs a successor
284shall be appointed in the same manner as that member for which a
285vacancy has occurred and shall serve for the unexpired term of
286his 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,
290one member as Vice Chairperson, one member as Secretary, one
291member as Treasurer, and one member as Assistant Secretary and
292Assistant Treasurer, each of whom shall hold office until new
293elections are held after any gubernatorial appointee has been
294commissioned. In the event of a vacancy prior to a gubernatorial
295appointment, the Authority will hold an election for that
296vacancy.
297     (b)  Approve, file with the Clerk, and pay any surety bond
298required of any member and any employee of the Authority.
299     (c)  Exclusively control, supervise, and manage all
300airports in the County and each municipality, except any airport
301owned, controlled, or operated by a private person.
302     (d)  Advertise for sealed bids and other competitive
303selection processes when and as required by law; provided,
304however, the Authority may reject all bids, proposals, or
305responses and readvertise or select a single item from any bid,
306proposal, or response as further provided in this act.
307     (e)  Adopt before October 1 an annual budget which has been
308prepared by the Chief Executive Officer and which must include
309an estimate of all revenues and anticipated expenditures for the
310following fiscal year.
311     (f)  Require in all bond documents that moneys derived from
312such bonds be paid to or upon order of the Authority.
313     (g)  Have the Authority's finances audited in the same
314manner 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
317to other laws, in exercising its powers.
318     (b)  Establish and maintain such airports in, over, and
319upon any public waters of this state within the limits of
320jurisdiction of, or bordering on any municipality, any submerged
321land under such public waters, and any artificial or reclaimed
322land which, before the artificial making or reclamation thereof,
323constituted a portion of the submerged land under such public
324waters.
325     (c)  Construct and maintain terminal buildings, landing
326floats, causeways, roadways, bridges for approach to or
327connecting with the airport, and land floats and breakwaters for
328the protection of any such airport.
329     (d)  Require the Treasurer and other officers or employees
330of the Authority to execute an adequate surety bond, conditioned
331upon the faithful performance of the duties of the office or
332employment and in a penal sum fixed by the Authority.
333     (e)  Employ, pay, and provide benefits, which may include a
334bonus scheme, for personnel, including law enforcement officers
335with full police powers and a Chief Executive Officer, formerly
336known as the Executive Director, who shall establish positions,
337duties, and a pay plan, which may include a bonus scheme, for
338and promote, discipline, and terminate personnel; be responsible
339for the day-to-day administration, management, and operation of
340the Authority in accordance with policy established by the
341members; and perform other duties as may be authorized by the
342members.
343     (f)  By policy or resolution, authorize the Chief Executive
344Officer to perform any of the powers of the Authority in whole
345or in part and with whatever other limitations it may find
346appropriate, provided that said authorization does not result in
347an invalid exercise of delegated legislative authority as
348defined in general law.
349     (g)  Employ or contract with technical and professional
350experts necessary to assist the Authority in carrying out or
351exercising any powers granted by this act.
352     (h)  Reimburse for all travel expenses incurred while on
353business for the Authority, upon requisition, any member, its
354attorneys, the Chief Executive Officer, and any employee of the
355Authority traveling under the direction of the Chief Executive
356Officer or the Chief Executive Officer's designee in accordance
357with the Authority's policies.
358     (i)  Create, appoint, and prescribe the duties of any
359committee.
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
364determines an emergency exists and purchases must be immediately
365made by the Authority.
366     (n)  Negotiate and enter into contracts, agreements,
367exclusive or limited agreements, and cooperation agreements of
368any kind necessary for the Authority to fulfill the purposes of
369this act.
370     (o)  Include contract specifications maximizing the
371employment of persons whose protected group has been
372underutilized in the past.
373     (p)  Enter into exclusive or limited agreements with a
374single operator or a limited number of operators. The Authority
375shall grant exclusive or limited agreements to displace business
376competition by rule or policy whenever the Authority determines,
377in consideration of the factors set forth below, that any such
378agreement is necessary to further the purposes of this act.
379Before entering into any exclusive or limited agreement, the
380Authority shall, under authority expressly delegated by the
381state, determine the necessity for such an exclusive or limited
382agreement to further the policies and objectives stated in this
383act, which include public safety, public convenience, quality of
384service, the need to conserve airport space, the need to avoid
385duplication of services, the impact on the environment or
386facilities of the airport as an essential commercial and tourist
387service center, and the need to avoid destructive competition
388which may impair the quality of airport services to the public,
389lead to uncertainty, disruption, or instability in the rendering
390of such services, or detract from the Tampa Bay area and the
391state's attractiveness as a center of tourism and commerce. In
392making its determination, the Authority shall take evidence or
393make findings of fact and establish such policies it deems
394necessary. Nothing in this paragraph shall excuse the Authority
395from complying with applicable state or local requirements for
396competitive bidding or public hearings which may be required
397prior to awarding or entering into any contract or other
398agreement.
399     (q)  Provide for the manual execution of any instrument on
400behalf of the Authority by the signature of the Chairperson or
401Vice Chairperson, and attested to by the Secretary or the
402Assistant Secretary or, if delegated by the members to do so,
403the Chief Executive Officer or any other Authority personnel to
404whom the Chief Executive Officer has delegated authority, or by
405their facsimile signature in accordance with the Uniform
406Facsimile Signature of Public Officials Act.
407     (r)  Purchase and sell equipment, supplies, and services
408required for its purposes.
409     (s)  Sell, lease, transfer, dispose of, or grant a lesser
410interest in any of its properties.
411     (t)  Dispose of tangible personal property in accordance
412with chapter 274, Florida Statutes, as may be amended from time
413to time.
414     (u)  Dispose of personal property, derelict or abandoned
415aircraft, and derelict or abandoned motor vehicles found on
416airport premises in accordance with chapter 705, Florida
417Statutes, as may be amended from time to time.
418     (v)  Grant concessions.
419     (w)  Advertise, promote, and encourage the use and
420expansion of facilities under its jurisdiction.
421     (x)  Enact airport zoning regulations in accordance with
422chapter 333, Florida Statutes, as may be amended from time to
423time, to ensure the safe operation of airports under its
424jurisdiction; however, any such airport zoning regulations may
425not affect the zoning use regulations imposed by the County or
426any municipality.
427     (y)  Issue a written permit, before the County or any
428municipality issues a building permit and upon request of the
429affected local government in accordance with the provisions of
430this act, that any construction proposed on land affected by
431airport zoning regulations conforms to airport zoning
432regulations.
433     (z)  Acquire, own, construct, install, maintain, and
434operate lands and Authority facilities by purchase, gift,
435devise, lease, or any other means, including by eminent domain
436in accordance with chapters 73 and 74, Florida Statutes, as may
437be amended from time to time. For the purposes of making surveys
438and examinations relative to any condemnation proceedings, the
439Authority may lawfully enter upon any land, doing no unnecessary
440damage. The Authority may take possession of property to be
441acquired by condemnation at any time after the filing of the
442petition describing the same in condemnation proceedings as
443provided in general law. The Authority is not precluded from
444abandoning the condemnation of any such property in any case
445where possession has not been taken.
446     (aa)  Reimburse the owner of any structure for which the
447Authority may require removal, relocation, or reconstruction
448located in, on, under, or across any private property, public
449street, highway, or other public or private places for the
450estimated or actual expense of the removal, relocation, or
451reconstruction.
452     (bb)  Supplement and coordinate in design and operation air
453navigation facilities with those established and operated by the
454federal and state governments.
455     (cc)  Request the County or any municipality to convey to
456the Authority the fee simple title to any airport or other
457property owned by the County or any municipality and needed for
458airport purposes.
459     (dd)  Relinquish jurisdiction, control, supervision, and
460management over any airport or part of any airport which is
461under its jurisdiction but which is owned by a municipality,
462county, or other governmental agency, upon determining that any
463such airport or part of any such airport is no longer required
464for airport purposes; provided, however, that the consent and
465approval of any revenue bondholders is first obtained and
466necessary authorizations or approvals are received from federal
467agencies regulating airports.
468     (ee)  Expend revenues for the cost of investigating,
469surveying, planning, acquiring, establishing, constructing,
470enlarging, improving, equipping, and erecting Authority
471facilities by appropriation of revenues or wholly or partly from
472the proceeds of bonds of the Authority. The term "cost" includes
473awards in condemnation proceedings, rentals where an acquisition
474is by lease, and amounts paid to utility companies for
475relocation of their wires, poles, and other facilities.
476     (ff)  Incur expenses as provided in its annual budget and
477any amended budget.
478     (gg)  Assess against and collect from the owner or operator
479of each airplane using any Authority facility a landing fee or
480service charge sufficient to cover the cost of the service
481furnished to airplanes using any such facility, which cost may
482include the liquidation of bonds or other indebtedness for
483construction and improvement.
484     (hh)  Accept federal, state, and any other public or
485private moneys, grants, contributions, or loans for the
486acquisition, construction, enlargement, improvement,
487maintenance, equipment, or operation of Authority facilities, or
488any other lawful purpose.
489     (ii)  Fix, alter, charge, establish, and collect rates,
490fees, rentals, and other charges, such as, but not limited to,
491customer facility charges, for the services of Authority
492facilities at reasonable and uniform rates.
493     (jj)  Adopt a resolution as may be required to levy an ad
494valorem tax and submit it to the Board.
495     (kk)  Apply for, hold, and periodically transfer alcoholic
496beverage licenses as provided by this act.
497     (ll)  Adopt and amend rules, regulations, and policies
498reasonably necessary for the implementation of this act.
499     (mm)  By resolution, fix and enforce penalties for the
500violation of this act or a rule, regulation, or policy adopted
501in accordance with this act.
502     (nn)  Amend the budget after its adoption.
503     (oo)  Receive, deposit, secure, and pay out moneys as
504provided by this act.
505     (pp)  Designate one or more depositories which are
506qualified as public depositories pursuant to section 280.04,
507Florida Statutes, as may be amended from time to time, and
508thereafter establish and open an account or accounts into which
509revenues collected are to be deposited and from which
510expenditures may be made.
511     (qq)  Establish and deposit into and expend moneys from a
512surplus fund by using funds other than those derived from ad
513valorem taxation, that may remain unexpended at the end of the
514fiscal year and may be set aside in a separate fund to be known
515as the Capital Improvement Fund and accumulated and expended
516from year to year solely for the purpose of building and
517constructing permanent improvements, replacements, alterations,
518buildings, and other structures, including runways, taxi strips,
519and aprons.
520     (rr)  By resolution, borrow money and issue bonds in the
521manner and within the limitation, except as otherwise provided
522in this act, prescribed by general law for the issuance and
523authorization of bonds; however, any bonds issued by the
524Authority shall be self-liquidating or otherwise payable from
525revenues of the Authority and shall not be a lien against the
526general taxing powers of the County or any municipality.
527     (ss)  Enter into any deeds of trust, indentures, or other
528agreements with any bank or trust company as security for its
529bonds, and assign and pledge any or all of its revenues. Such
530deeds of trust, indentures, or other agreements may contain
531provisions customary in such instruments or as authorized by the
532Authority.
533     (tt)  Secure the payment of bonds or any part thereof by
534pledging all or any part of its revenues and provide for the
535security of said bonds and the rights and remedies of the
536bondholders.
537     (uu)  Pending the preparation of definitive bonds, issue
538certificates or temporary bonds to the purchaser of bonds.
539     (vv)  Transact the business of the Authority and exercise
540all powers necessarily incidental to the exercise of the general
541and special powers granted in this act and under any other law.
542     (ww)  Exercise all powers of a local agency granted
543pursuant to part II of chapter 159, Florida Statutes, as may be
544amended from time to time, and to a governmental unit granted
545pursuant to part VII of chapter 159, Florida Statutes, as may be
546amended from time to time.
547     (xx)  Do all acts and things necessary or convenient for
548the promotion of its business and the general welfare of the
549Authority.
550     Section 7.  Alcoholic beverage licenses.-
551     (1)  Alcoholic beverage licenses, as provided for in
552section 561.17, Florida Statutes, as may be amended from time to
553time, shall be issued to the Authority or other governmental
554agency operating TIA as provided in this section.
555     (a)  Each such beverage license shall be issued upon the
556written or printed application for licenses to conduct such
557business, made to the Division stating the character of the
558business to be engaged in, the address of the building wherein
559the establishment sought to be licensed is or will be located,
560and the kind of license as defined in chapter 561, Florida
561Statutes, as may be amended from time to time, which the
562applicant desires. The application shall be in the name of the
563Authority or other governmental agency operating TIA and when
564issued shall be issued in the name of such applicant. The
565applicant shall pay to the Division the license fees for the
566kind of license that the applicant desires.
567     (b)  Each license is renewable as provided by general law.
568Each beverage license shall be for the term and subject to the
569same privileges or renewal as provided in sections 561.26 and
570561.27, Florida Statutes, as may be amended from time to time.
571     (c)  Any business operated under any beverage license shall
572be operated only by a lessee of the restaurants and cocktail
573lounge or cocktail lounges or bars in the airlines terminal,
574administration building, or hotel at the airport to whom the
575license may be transferred. The Authority or governmental agency
576operating TIA and each authorized lessee shall make application
577to the Division for the transfer of the license to the lessee,
578and the application shall be approved by the Division if it
579meets the requirements of law to do so. Upon termination of a
580lease for any reason, the lessee shall immediately notify the
581Division to retransfer the beverage licenses to the Authority or
582the governmental agency operating TIA. Upon failure of a lessee
583to notify the Division, the Authority or the governmental agency
584operating TIA shall immediately notify the Division in writing
585to transfer the license back to the Authority or other
586governmental agency operating TIA which may then transfer it to
587another authorized lessee. Thereafter, the beverage license may
588be transferred to any new lessee or the restaurants and cocktail
589lounge, cocktail lounges, or bars upon the same terms and
590conditions. Any alcoholic beverage license issued in accordance
591with this section is the property of the Authority or the
592governmental agency operating TIA, subject to transfer as
593provided by this act.
594     (2)  This section does not preclude persons operating on
595property of the Authority from acquiring an alcoholic beverage
596license for use on its premises pursuant to general law and the
597rules of the Division.
598     Section 8.  County and municipal powers and
599responsibilities; private ownership transfers.-
600     (1)  Each municipality is empowered to appropriate moneys
601for acquiring, establishing, constructing, enlarging, improving,
602maintaining, equipping, or operating airports and other air
603navigation facilities under the provisions of this act, and each
604municipality is authorized to appropriate and to raise by
605taxation or otherwise moneys to assist in carrying out the
606provisions of this act as to airports partly or wholly within
607the limits of each municipality.
608     (2)  It is lawful for any municipality, and full power and
609authority is hereby conferred upon each municipality, to
610cooperate and share in the exercise of the powers and
611authorities conferred upon the Authority under the provisions of
612this act, when mutually agreed upon between any such
613municipality and the Authority.
614     (3)(a)  The County and each municipality are authorized to
615aid and cooperate with the Authority in carrying out any
616authorized purpose of the Authority by:
617     1.  Entering into cooperation agreements with the Authority
618and providing in any such cooperation agreement for the making
619of a loan, gift, grant, or contribution to the Authority.
620     2.  Granting and conveying to the Authority real or
621personal property, of any kind or nature, or any interest
622therein.
623     3.  Covenanting in any such cooperation agreement made
624pursuant to this section to pay all or any part of:
625     a.  The costs of operation and maintenance of Authority
626facilities from moneys derived from ad valorem taxation or from
627any other available funds of the County or a municipality.
628     b.  The principal of and interest on any revenue bonds of
629the Authority.
630     c.  The deposits required to be made into any reserve, the
631Capital Improvement Fund, or other funds established by the
632Authority, any indenture, deed of trust, or other instrument
633securing said revenue bonds from any available funds of the
634County or a municipality other than moneys derived from ad
635valorem taxes.
636     (b)  Any cooperation agreement may be made and entered into
637for such time or times not to exceed 40 years or for such longer
638time as any revenue bonds of the Authority, including refunding
639thereof, remain outstanding and unpaid, and may contain such
640other details, terms, provisions, and conditions as may be
641agreed upon.
642     (c)  Any cooperation agreement may be made and entered into
643for the benefit of the holders of any revenue bonds of the
644Authority as well as the parties thereto and is enforceable in
645any court of competent jurisdiction by the holders of any such
646revenue bonds or of the coupons appertaining thereto.
647     (4)  The County and each municipality are authorized and
648empowered to convey the fee simple title to any real property
649needed for airport purposes and owned by either the County or a
650municipality to the Authority.
651     (5)  Before the County or any municipality issues a
652building permit authorizing building on land affected by airport
653zoning regulations, it must obtain a written permit from the
654Authority to certify that the construction conforms to the
655regulations required by the airport zoning regulations.
656     (6)(a)  Any municipality, the County, or any private owner
657may, and each is authorized to, sell, lease, lend, grant, or
658convey to the Authority any interest in real or personal
659property which may be used by the Authority in the construction,
660improvement, maintenance, leasing, or operation of Authority
661facilities. Any municipality, the County, or any other owner is
662additionally authorized to transfer, assign, and set over to the
663Authority any contract or contracts which may have been awarded
664by said municipality, the County, or said owner for the
665construction of Authority facilities not begun or, if begun, not
666completed.
667     (b)  Any such action by the County or any municipality must
668be approved by the governing body of the County or the
669municipality expressed by resolution or ordinance.
670     (c)  Notwithstanding any other provision of law, this
671section is complete authority for the acquisition by agreement
672of airports and other aviation facilities and facilities related
673thereto 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
676combination of Authority facilities. Subject to any prior rights
677of bondholders, proceeds of such bonds may be pledged and used
678to pay the cost of the acquisition, construction, or improvement
679of one or more or a combination of Authority facilities or to
680refund bonds previously issued for such purpose. Revenues of the
681Authority, regardless of the airport project or other source
682from which they are derived, may be pledged to pay bonds issued
683to finance the cost of Authority facilities and to pay refunding
684bonds and ancillary costs associated with such financings.
685     (2)  Except as otherwise provided by this act, security,
686payment provisions, contracts, terms, and other attributes of
687bonds issued by the Authority shall be specified by the
688Authority by initial or amendatory resolution, trust agreement,
689or other bond documentation.
690     (3)  The bonds shall be executed by manual or facsimile
691signature by the officers the Authority has designated, provided
692that such bonds bear at least one signature which is manually
693executed to the extent required by general law. Any coupons
694attached to the bonds shall bear the facsimile signature or
695signatures of the officer or officers designated by the
696Authority. If any member or officer whose manual or facsimile
697signature appears on any bond or coupon ceases to be a member or
698an officer before the delivery of the bonds, such signature
699shall be valid and sufficient for all purposes as if that member
700or officer had remained in office until delivery. The bonds
701shall bear the seal of the Authority affixed as provided by
702resolution.
703     (4)  Bonds may be sold either at public or private sale at
704such price or prices determined by the Authority.
705     (5)  Any bonds issued pursuant to this act are negotiable
706instruments and investment securities under chapter 678, Florida
707Statutes, as may be amended from time to time.
708     (6)  The pledge by the Authority of its revenues to the
709payment of its bonds by the terms of a resolution or through any
710deed of trust, indenture, or other agreement creates a valid and
711binding lien thereon and a prior perfected security interest
712therein from the time the pledge is made. Any revenues so
713pledged are immediately subject to a lien of such pledge without
714any physical delivery thereof or further act, and the lien of
715any such pledge shall be valid and binding against all parties
716having claims of any kind against the Authority, irrespective of
717whether such parties have notice thereof. No resolution, deed of
718trust, indenture, or other agreement by which a pledge is
719created need be filed or recorded, except in the records of the
720Authority, and notice is not required to be given to any obligor
721of such revenues. No filings under the Florida Uniform
722Commercial Code are required in order to perfect any pledge
723granted.
724     (7)  No approval of the qualified electors or qualified
725freeholders of the state or of the County may be required for
726the issuance of any bonds by the Authority unless such approval
727is required by the provisions of the Constitution of the State
728of Florida.
729     (8)  Notwithstanding any other provision of law, bonds
730issued by the Authority are legal investments for banks, savings
731banks, trustees, executors, all other fiduciaries, and all
732state, municipal, and other public funds. Any such bonds are
733securities eligible for deposit for the securing of all state,
734municipal, and other public funds.
735     Section 10.  Bondholder rights and remedies.-
736     (1)  The Authority may not do anything that will impair the
737security of the bondholders of the Authority or violate any
738agreement with them for their benefit.
739     (2)(a)  In addition to any other rights and remedies
740lawfully granted to bondholders in law, unless otherwise
741provided by the resolution or resolutions providing for the
742issuance of bonds, or by any deed of trust, indenture, or other
743agreement under which the bonds have been issued, holders of 25
744percent or such other percentage as may be specified in any deed
745of trust, indenture, or other agreement under which the bonds
746were issued in the aggregate principal amount of the bonds then
747outstanding are entitled to appoint a trustee, upon notice as
748provided in this act and for the purpose provided in this act,
749if the Authority defaults in the payment of principal or
750interest for a period of 30 days after either becomes due,
751whether at maturity or upon call for redemption, or if the
752Authority fails to comply with the provisions of this act, its
753resolution or resolutions, or the requirements of any deed of
754trust, indenture, or other agreement under which the bonds were
755issued. Any such bondholders must first give written notice of
756their intention to appoint a trustee to the Authority by
757certified United States mail addressed to the chairperson of the
758Authority at the principal office of the Authority and to the
759holders of all other bonds then outstanding at their addresses
760shown on the registration books maintained by the Authority or
761the bond registrar. For purposes of this paragraph, any trustee
762appointed to serve in that capacity pursuant to a deed of trust,
763trust agreement, indenture, or other document by which bonds of
764the Authority have been issued is deemed to have been selected
765by the holders of bonds issued under that instrument. If more
766than one trustee is designated, either by two or more written
767instruments or pursuant to the provisions of this paragraph, the
768group of bondholders owning the highest percentage of bonds
769outstanding has the right to designate the single trustee to
770serve in that capacity for purposes of this act.
771     (b)  Unless otherwise provided in any instrument pursuant
772to which such bonds were issued, any trustee, whether appointed
773by bondholders in accordance with the provisions of this act or
774in accordance with the terms of any deed of trust, indenture, or
775other agreement, may, upon written request of the holders of 25
776percent or such other percentage as may be specified in any deed
777of trust, indenture, or other agreement under which the bonds
778were issued in the aggregate principal amount of the bonds then
779outstanding may, in any court of competent jurisdiction, in his,
780her, or its own name:
781     1.  By mandamus or other suit, action, or proceeding at law
782or in equity, enforce all rights of the bondholders, including
783the right to require the Authority to fix, establish, maintain,
784collect, and charge rates, fees, rentals, and other charges
785adequate to carry out any agreement as to, or pledge of, the
786revenues of the Authority, and to require the Authority to carry
787out any other agreements with or for the benefit of the
788bondholders, 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
791account as if it were the trustee of an express trust for the
792bondholders.
793     4.  By action or suit in equity, enjoin any acts or things
794which may be unlawful or in violation of the rights of the
795bondholders.
796     5.  By written notice given in the same manner as provided
797by this act to the Authority declare all bonds due and payable
798and, if all defaults are made good and with the consent of the
799holders of 25 percent or such other percentage as may be
800specified in any deed of trust, indenture, or other agreement
801under which the bonds were issued in the aggregate principal
802amount of the bonds then outstanding, annul such declaration and
803its consequences.
804     (3)  Unless otherwise provided in any bond resolution, deed
805of trust, indenture, or other agreement pursuant to which bonds
806were issued, if a default continues for more than 60 days after
807written notice to the Authority, any trustee when appointed as
808aforesaid, or acting under a deed of trust, indenture, or other
809agreement, and whether or not all bonds have been declared due
810and payable, upon the happening of any of the events of default
811specified in this section, shall be entitled as of right to
812appoint a receiver. The receiver may enter and take possession
813of any of the Authority facilities for which the Authority is in
814default as provided herein, or any part or parts thereof and the
815revenues which are or may be applicable to the payment of the
816bonds in default and operate and maintain the same, for and on
817behalf of and in the name of the Authority and the bondholders.
818The receiver shall collect revenues in the same manner as the
819Authority might, and shall use and apply such funds in
820accordance with the applicable bond documents or, if not so
821specified into a separate account, as directed by the court.
822     (4)  Nothing in this section or any other section of this
823act authorizes any receiver appointed to sell, assign, mortgage,
824or otherwise dispose of any assets of the Authority. The powers
825of such receiver are limited to the operation and maintenance of
826the Authority facilities as the court may direct, in the name of
827and for and on behalf of the Authority and the bondholders. No
828holder of bonds or any court or any trustee is empowered by this
829act to sell, assign, mortgage, or otherwise dispose of any
830assets of whatever kind or character belonging to the Authority.
831     Section 11.  Award of contracts.-
832     (1)(a)  All Authority purchases of construction,
833improvements, repairs, equipment, supplies, materials, services,
834or work of any nature, where the entire cost or value exceeds
835$30,000, shall be done only under contract or contracts approved
836and awarded by the Authority with the lowest responsive and
837qualified responsible bidder, respondent, or proposer, upon
838proper terms, after advertisement has been given asking for
839competitive bids, responses, or proposals, provided that the
840Authority 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
843Negotiation Act;
844     2.  Purchases of required equipment, supplies, materials,
845or services that are highly specialized or proprietary, or when
846no other authorized vendor can supply the required equipment,
847supplies, materials, or services;
848     3.  Purchases of equipment, supplies, materials, or
849services through a contract issued by a federal, state, or local
850government if such contract was procured using a full and open
851competitive process;
852     4.  Emergency purchases necessary to mitigate a situation
853which threatens the safety of employees or passengers, the
854operation of the airport, or loss of airport property;
855     5.  Certain recurring, mandatory, day-to-day expenditures
856such 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
859government;
860     8.  Contracts or establishment and compliance with rules
861concerning labor and materials and other related matters in
862connection with any project, or portion thereof, as the
863Authority may deem desirable or as may be requested by the
864federal or state government assisting in the financing of
865Authority facilities;
866     9.  Any situation in which the Authority has taken over by
867transfer or assignment any contract authorized to be assigned to
868it under the provisions relating to the transfer of existing
869facilities to the Authority as provided by this act;
870     10.  Any contract in connection with the construction of
871Authority facilities which the Authority has had transferred to
872it; and
873     11.  Any contract or agreement between the Authority and
874any engineers, architects, attorneys, agents, or other
875professional services.
876     (c)  Any contract subject to section 255.05, Florida
877Statutes, as may be amended from time to time, in excess of
878$15,000 shall not be entered into for construction, improvement,
879or repair of Authority facilities unless the contractor has
880sufficient surety or sureties, approved by the Authority, and in
881an amount fixed by the Authority, for the faithful performance
882of the contract. Any such contract shall include provisions that
883the person entering into the contract with the Authority will
884pay for all materials furnished and services rendered for the
885performance of the contract and may maintain an action to
886recover for the same against the obligor in the undertaking, as
887though such person was named therein, provided the action is
888brought within 1 year after the time the cause of action
889accrued. Nothing in this section shall be construed to limit the
890power of the Authority to construct, repair, or improve
891Authority facilities or any addition, betterment, or extension
892thereto, directly by the officers, agents, and employees of the
893Authority, or otherwise than by contract.
894     (2)  The Authority may use, as an alternative, the
895provisions of section 255.20, Florida Statutes, as may be
896amended from time to time, to satisfy the competitive
897procurement requirements of this section.
898     Section 12.  Legal effects.-Any acquisition of property or
899rights therein for Authority facilities, or for airport
900protection privileges, including the conveyance and acceptance
901thereof, and any bonds issued and sold up to and including the
902effective date of this act are validated.
903     Section 13.  Ad valorem tax.-When the Authority prepares
904its annual budget and finds it necessary to levy an ad valorem
905tax, it shall adopt a resolution determining the estimated
906amounts to be expended by the Authority in the ensuing fiscal
907year, exclusive of the proceeds of any bonds or other
908obligations of the Authority, for acquiring, establishing,
909constructing, enlarging, operating, and maintaining Authority
910facilities or for any other corporate purpose of the Authority,
911and request the Board to levy the tax, not to exceed 1.5 mills
912per annum, on all the taxable real and personal property in the
913County for the exclusive use of the Authority and for the
914purposes provided in this section. The Authority shall submit a
915certified copy of any such resolution to the Board at the same
916time it submits its annual budget to the Clerk. The Board has no
917right or authority to alter either the amount of the levy
918request or the use of its proceeds or to in any way alter the
919budget of the Authority. The Board shall authorize the levy
920requested. The tax collector of the County shall collect and
921promptly pay over to the Authority the proceeds of such tax.
922     Section 14.  Prohibition on the use of the taxing power of
923the state.-The Authority has no power to pledge the taxing power
924of the state, or any political subdivision or agency thereof,
925nor shall any of the obligations issued by the Authority be
926deemed to be obligations of the state, or any political
927subdivision or agency thereof, secured by and payable from the
928ad valorem taxes thereof. The state, or any political
929subdivision or agency thereof, is not liable for the payment of
930principal of or interest on such obligations, except from the
931special funds provided for in this act.
932     Section 15.  Covenant of the state.-The state pledges and
933agrees with the Federal Government and any person acquiring any
934bonds issued by the Authority for the construction, extension,
935improvement, or enlargement of Authority facilities that the
936state will not limit or alter the rights vested in the Authority
937until all bonds at any time issued, together with the interest
938thereon, are fully paid and discharged. The state further
939pledges and agrees with the Federal Government that if the
940Federal Government contributes any funds for the construction,
941extension, improvement, or enlargement of Authority facilities
942the state will not alter or limit the rights and powers of the
943Authority in any manner which would be inconsistent with the
944continued maintenance, operation, or the improvement of
945Authority facilities or which would be inconsistent with the due
946performance of any agreements between the Authority and the
947Federal Government. The Authority shall continue to have and may
948exercise all powers granted in this act, so long as the same are
949necessary or desirable for the carrying out of the purposes of
950this act and the purposes of the Federal Government in the
951construction, improvement, maintenance, or enlargement of
952Authority facilities.
953     Section 16.  Exemption from taxation.-Any property owned or
954otherwise acquired by the Authority is exempt from taxation to
955the same extent as other property used for public purposes. The
956effectuation of the authorized purposes of the Authority shall
957and will be, in all respects, for the benefit of the people of
958the state and the County for the increase of their commerce and
959prosperity, and for the improvement of their welfare, health,
960and living conditions and, since the Authority will be
961performing essential governmental functions in effectuating such
962purposes, the Authority is not required to pay any taxes or
963assessments of any kind or nature whatsoever upon any property
964required or used by it for such purposes, or any rates, fees,
965rentals, receipts, or incomes at any time received by it, and
966the bonds issued by the Authority, their transfer and the income
967therefrom, including any profits made in the sale thereof, and
968any security instruments or agreements securing the repayment
969thereof, are free from taxation of any kind by the state or any
970political subdivision or taxing agency or instrumentality
971thereof.
972     Section 17.  Discrimination prohibited.-
973     (1)(a)  The Authority and its lessees, including successors
974in interest, shall not because of race, color, sex, religion,
975national origin, age, handicap, or marital status of any
976individual refuse to hire, employ, bar, or discharge from
977employment such individual or otherwise discriminate against
978such individual with respect to compensation, hire, tenure,
979terms, conditions, or privileges of employment.
980     (b)  No person on the grounds of race, color, sex,
981religion, national origin, age, handicap, or marital status
982shall be excluded from the participation in, denied the benefits
983of, or otherwise subjected to discrimination in the use of
984leased premises of the Authority.
985     (c)  In furnishing services or materials, or in the
986construction of any improvements, no person shall be excluded
987from participation in, denied the benefits of, or otherwise
988subjected to discrimination with respect thereto.
989     (2)  There is no right to apply to the court for relief on
990account of any order, requirement, decision, determination, or
991action of the Authority pursuant to this section unless there
992has been an appeal to the Authority.
993     Section 18.  Recodification.-Prior to July 1, 2022, and
994every 10 years thereafter, The Hillsborough County Legislative
995Delegation shall review this chapter, and all acts which amend
996or otherwise modify this chapter, for the purpose of determining
997whether there is a need for recodification of same. If it is
998determined that there is such a need, the legislative delegation
999may require the Authority to accomplish same, and to prepare or
1000cause to be prepared such legislation as may be necessary for
1001such purpose by preparing such legislation.
1002     Section 19.  Grammatical usage.-The singular includes the
1003plural and vice versa, and gender-specific language includes the
1004other gender and neuter.
1005     Section 20.  Severability.-The provisions of this act are
1006severable, and if any of the provisions hereof shall be held to
1007be unconstitutional or invalid, such determination shall not
1008affect the constitutionality or validity of any of the remaining
1009provisions of this act.
1010     Section 4.  Chapters 2003-370 and 2007-292, Laws of
1011Florida, are repealed. Such repeal does not affect the
1012prosecution of any cause of action that accrued before the
1013effective date of the repeal and does not affect rules,
1014regulations, policies, actions, and decisions, contracts,
1015agreements, obligations, and properties of the Authority
1016existing prior to the effective date of this act. Nothing in
1017this act is intended, nor shall any provision hereof be
1018construed so as to repeal, abrogate, impair, or adversely affect
1019the rights and remedies of the holders of any obligations of the
1020Authority issued pursuant to the existing acts or any other
1021applicable provision of law.
1022     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.