Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. HB 7087, 2nd Eng.
Barcode 225318
LEGISLATIVE ACTION
Senate . House
Comm: OO .
03/07/2012 .
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The Committee on Budget Subcommittee on Finance and Tax (Altman)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 638 and 639
4 insert:
5 Section 13. Section 332.08, Florida Statutes, is amended to
6 read:
7 332.08 Additional powers.—
8 (1) In addition to the general powers in ss. 332.01-332.12
9 conferred and without limitation thereof, a municipality that
10 which has established or may hereafter establish airports,
11 restricted landing areas, or other air navigation facilities, or
12 that which has acquired or set apart or may hereafter acquire or
13 set apart real property for such purposes, is hereby authorized:
14 (a)(1) To vest authority for the construction, enlargement,
15 improvement, maintenance, equipment, operation, and regulation
16 thereof in an officer, a board or body of such municipality by
17 ordinance or resolution which shall prescribe the powers and
18 duties of such officer, board or body. The expense of such
19 construction, enlargement, improvement, maintenance, equipment,
20 operation, and regulation shall be a responsibility of the
21 municipality.
22 (b)(2)(a) To adopt and amend all needed needful rules,
23 regulations, and ordinances for the management, governance
24 government, and use of any properties under its control, whether
25 within or without the territorial limits of the municipality; to
26 appoint airport guards or police, with full police powers; and
27 to fix by ordinance or resolution, as may be appropriate,
28 penalties for the violation of such said rules, regulations, and
29 ordinances, and enforce such said penalties in the same manner
30 in which penalties prescribed by other rules, regulations, and
31 ordinances of the municipality are enforced.
32 (b) Provided, where a county operates one or more airports,
33 its regulations for the government thereof shall be by
34 resolution of the board of county commissioners, shall be
35 recorded in the minutes of the board and promulgated by posting
36 a copy at the courthouse and at every such airport for 4
37 consecutive weeks or by publication once a week in a newspaper
38 published in the county for the same period. Such regulations
39 shall be enforced as are the criminal laws. Violation thereof
40 shall be a misdemeanor of the second degree, punishable as
41 provided in s. 775.082 or s. 775.083.
42 (c)(3) To lease for a term not exceeding 30 years such
43 airports or other air navigation facilities, or real property
44 acquired or set apart for airport purposes, to private parties,
45 any municipal or state government or the national government, or
46 any department of either thereof, for operation; to lease or
47 assign for a term not exceeding 30 years to private parties, any
48 municipal or state government or the national government, or any
49 department of either thereof, for operation or use consistent
50 with the purposes of ss. 332.01-332.12, space, area,
51 improvements, or equipment on such airports; to sell any part of
52 such airports, other air navigation facilities, or real property
53 to any municipal or state government, or the United States or
54 any department or instrumentality thereof, for aeronautical
55 purposes or purposes incidental thereto;, and to confer the
56 privileges of concessions of supplying upon its airports goods,
57 commodities, things, services, and facilities; provided, that in
58 each case in so doing the public is not deprived of its rightful
59 equal and uniform use thereof.
60 (d)(4) To sell or lease any property, real or personal,
61 acquired for airport purposes and belonging to the municipality,
62 which, in the judgment of its governing body, may not be
63 required for aeronautic purposes, in accordance with the laws of
64 this state, or the provisions of the charter of the
65 municipality, governing the sale or leasing of similar
66 municipally owned property.
67 (e)(5) To exercise all powers necessarily incidental to the
68 exercise of the general and special powers herein granted, and
69 is specifically authorized to assess and shall assess against
70 and collect from the owner or operator of each and every
71 airplane using such airports a sufficient fee or service charge
72 to cover the cost of the service furnished airplanes using such
73 airports, including the liquidation of bonds or other
74 indebtedness for construction and improvements.
75 (2) If a county operates one or more airports, its
76 regulations for the governance thereof shall be by resolution of
77 the board of county commissioners, recorded in the minutes of
78 the board, and promulgated by posting a copy at the courthouse
79 and at every such airport for 4 consecutive weeks or by
80 publication once a week in a newspaper published in the county
81 for the same period. Such regulations shall be enforced in the
82 same manner as the criminal laws. Violation thereof is a
83 misdemeanor of the second degree, punishable as provided in s.
84 775.082 or s. 775.083.
85 (3) Notwithstanding any other provision of this section, a
86 municipality participating in the Federal Aviation
87 Administration’s Airport Privatization Pilot Program pursuant to
88 49 U.S.C. s. 47134 may lease or sell an airport or other air
89 navigation facility or real property, together with improvements
90 and equipment, acquired or set apart for airport purposes to a
91 private party under such terms and conditions as negotiated by
92 the municipality. If state funds were provided to the
93 municipality pursuant to s. 332.007, the municipality must
94 obtain approval of the agreement from the Department of
95 Transportation, which may approve the agreement if it determines
96 that the state’s investment has been adequately considered and
97 protected consistent with the applicable conditions specified in
98 49 U.S.C. s. 47134.
99
100 ================= T I T L E A M E N D M E N T ================
101 And the title is amended as follows:
102 Delete line 57
103 and insert:
104 effective date of the enterprise zone; amending s.
105 332.08, F.S.; authorizing a municipality participating
106 in a federal airport privatization pilot program to
107 lease or sell to a private party an airport or other
108 air navigation facility or certain real property,
109 improvements, and equipment; requiring approval by the
110 Department of Transportation of the sale or lease
111 agreement under certain circumstances; providing
112 criteria for department approval; authorizing the