This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 3/23/2022
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 993 Sebring Airport Authority, Highlands County
SPONSOR(S): Tuck
TIED BILLS: IDEN./SIM. BILLS:
FINAL HOUSE FLOOR ACTION: 107 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
HB 993 passed the House on February 25, 2022, and subsequently passed the Senate on March 10, 2022.
The Sebring Airport Authority (Authority) is an independent special district created in 1967 and its charter was
recodified in 2005 and amended in 2011. The Authority is governed by a seven-member board with the power
to hire employees, acquire property, maintain and operate airport facilities, enter into contracts, and issue
revenue and general obligation bonds. Board members are authorized to be reimbursed for verified travel and
other expenses.
The bill amends ch. 2005-300, Laws of Florida, revising the Authority’s ability to issue bonds secured by and
payable from any sources provided for in the chapter, as well as the tax treatment of such bonds. The bill
authorizes the Authority to enter into public-private partnerships and perform such other actions as necessary
to implement the purposes of the charter. Finally, the bill revises the Authority’s required bidding threshold for
competitive bids for certain services or purchases to conform to the statutory Category Two level for state
agencies, which is $35,000.
The Economic Impact Statement filed with the bill indicates it will have a cost savings of $24,620 for the fiscal
year 2021-2022.
Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Present Situation
Independent Special Districts
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.
1
Special districts are created by general law, special act,
local ordinance, or rule of the Governor and Cabinet.
2
A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county.
3
A “dependent special district” is a special district where the membership of the governing body is
identical to the governing body of a single county or municipality, all members of the governing body
are appointed by the governing body of a single county or municipality, members of the district’s
governing body are removable at will by the governing body of a single county or municipality, or the
district’s budget is subject to the approval of governing body of a single county or municipality.
4
An
“independent special district” is any district that is not a dependent special district.
5
Special districts do not possess “home rule” powers and may impose only those taxes, assessments,
or fees authorized by special or general law. The special act creating an independent special district
may provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.
6
Governmental Purchasing and Public-private Partnerships
There are five purchasing categories to be considered when a state agency enters into an agreement
or a contract. If the total amount of a contract exceeds the Category Two threshold, which is $35,000,
then competitive bidding is required before the contract may be awarded.
7
Public-private partnerships are contractual agreements formed between public entities and private
sector entities that allow for greater private sector participation in the delivery and financing of public
buildings and infrastructure projects.
8
Sebring Airport Authority
The Sebring Airport Authority (Authority) is a dependent special district created by the Legislature in
1967
9
and its charter was recodified in 2005
10
and amended in 2011.
11
The Authority is governed by a
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
See ss. 189.031(3), 189.02(1), and 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
3
2020 – 2022 Local Gov’t Formation Manual, pp. 60-61, at
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Sessio
n=2021&DocumentType=General+Publications&FileName=2021 -2022+Local+Government+Formation+Manual.pdf (last
visited on February 3, 2022).
4
S. 189.012(2), F.S.
5
S. 189.012(3), F.S.
6
Art. VII, s. 9(a), Fla. Const.
7
S. 287.017, F.S.
8
See The Federal Highway Administration, United State Department of Transportation, Innovative Program Delivery
website, available at http://www.fhwa.dot.gov/ipd/p3/defined/index.htm (last visited on February 3, 2022).
9
Ch. 67-2070, Laws of Fla.
10
Ch. 2005-300, Laws of Fla.
11
Ch. 2011-265, Laws of Fla.
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seven-member board serving terms of four years each. Appointments are selected by the Sebring city
council from a list containing at least twice as many nominees as vacancies. Board members are
authorized to be reimbursed for verified travel and other expenses.
12
The board has the power to hire employees, acquire property, maintain and operate airport facilities,
enter into contracts, and issue revenue and general obligation bonds.
13
Currently, the Authority must
advertise for sealed bids at least once a week for two consecutive weeks before a contract may be
awarded if the amount of the contract exceeds $10,000.
14
The chart below shows the total revenue and expenditures for the Authority for Fiscal Years (FYs)
2017-2019, which is the latest financial information available:
15
Year Expenditures Revenues
2017-2018 $5,878,781 $4,695,187
2018-2019 $6,345,197 $6,200,399
2019-2020 $6,171,980 $6,200,399
Effect of the Bill
The bill amends ch. 2005-300, Laws of Florida, authorizing the Authority to issue bonds secured by and
payable from any sources provided for in the chapter. Bonds may also be issued on an unsecured
basis or as a general obligation of the authority. The bill authorizes the Authority to pledge all legally
available funds for the repayment of debt.
The bill revises the Authority’s required bidding threshold to the statutory Category Two level, which is
$35,000, and permits the Authority to engage or participate in public-private partnerships.
The Economic Impact Statement filed with the bill indicates it will have a cost savings of $24,620 for FY
2021-2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
12
Ch. 2005-300, s. 4, Laws of Fla.
13
Supra note 8.
14
Ch. 2005-300, s. 8, Laws of Fla.
15
2017 and 2018 expenditures and revenues can be found in Sebring Airport Authority, Financial Statements Year Ended
September 20, 2018, available at https://www.sebringregionalairportcommunityredevelopmentagency.com/wp-
content/uploads/2019/03/2018-SAA-Audited-Financial-Statements-Final.pdf (last visited on February 3, 2022). 2019
expenditure and revenue can be found in Sebring Airport Authority, Financial Statements Year Ended September 30,
2019, available at https://www.sebringregionalairportcommunityredevelopmentagency.com/wp-
content/uploads/2021/06/CRA-Sebring-Airport-2019-Audited-Financial-Statements.pdf (last visited on February 3, 2022).
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None.
2. Expenditures:
None.
C. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []
D. NOTICE PUBLISHED? Yes [X] No []
IF YES, WHEN? October 8, 2021.
WHERE? The Highlands News-Sun, a newspaper published in Highlands County, Florida.
E. REFERENDUM(S) REQUIRED? Yes [] No [X]
IF YES, WHEN?