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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Hillsborough County Aviation 2
Authority; codifying, reenacting, and amending the 3
Authority's special acts; revising definitions; 4
providing that independent special districts operate 5
to serve a public purpose; providing that operation of 6
public airports serve a governmental, municipal, or 7
public purpose or function and are essential to the 8
safety, security, and welfare of the people within the 9
county; providing for advertisement as provided by 10
law; revising requirements for a quorum of members; 11
providing the ability to employ or contract with 12
lobbyists; providing for electronic execution of 13
instruments; authorizing the lease of equipment, 14
support, and services; providing for imposition of 15
certain fees; authorizing application for and the 16
holding of trademarks and service marks, the 17
solicitation of air carriers, and permitting receiving 18
and providing sponsorships; providing ability to self -19
insure, enter into risk management programs, or 20
purchase liability insurance; revising the list of 21
governmental entities that the Authority can enter 22
into interlocal agreements with and removing maximum 23
duration on such interlocal agreements; providing 24
requirements for award of contracts and when such 25
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requirements do not apply; providing for 26
recodification; repealing chapters 2012 -234 and 2014-27
250, Laws of Florida, relating to the Authority; 28
providing severability; providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Pursuant to s. 189.429, Florida Sta tutes, this 33
act constitutes the codification of all special acts relating to 34
the Hillsborough County Aviation Authority. It is the intent of 35
the Legislature in enacting this law to provide a single, 36
comprehensive special act charter for the Authority, incl uding 37
all current legislative authority granted to the Authority by 38
its several legislative enactments and any additional authority 39
granted by this act. 40
Section 2. Chapters 2012-234 and 2014-250, Laws of 41
Florida, relating to the Hillsborough County Avi ation Authority, 42
are codified, reenacted, amended, and repealed as provided in 43
this act. 44
Section 3. The charter for the Hillsborough County 45
Aviation Authority is re -created and reenacted to read: 46
Section 1. Short title. —This act may be cited as the 47
"Hillsborough County Aviation Authority Act." 48
Section 2. General provisions. — 49
(1) It is the intent of the Legislature that this act 50
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supersede chapters 2012 -234 and 2014-250, Laws of Florida, 51
relating to the Hillsborough County Aviation Authority, an d is a 52
codification, a compilation of previously existing legislation 53
relating to the Authority. 54
(2) The codification is also to act as a reviser's bill, 55
deleting provisions which have expired, have had their effect, 56
have served their purpose, or have be en impliedly repealed or 57
superseded; replacing incorrect cross references and citations, 58
correcting grammatical, typographical, and like errors; removing 59
inconsistencies and redundancies; and improving clarity and 60
facilitating correct interpretation. It is the intent of the 61
Legislature to define frequently used terms and to reflect 62
standard business practices required for an independent special 63
district to conduct its business which have not been previously 64
enumerated. 65
(3) The Authority shall comply with federal law regarding 66
expenditure of federal moneys. 67
(4) This act shall not be construed as impairing or 68
infringing upon any rights, privileges, or benefits enjoyed by 69
any employee of the Authority who is so employed on the 70
effective date of this act. 71
(5) The members and employees of the Authority shall 72
comply with part III of chapter 112, Florida Statutes, as may be 73
amended from time to time. 74
(6) This act provides an additional, alternative, and 75
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complete method for the exercise of the powers granted and 76
authorized by this act and shall be regarded as supplemental to 77
powers conferred by other laws and shall not be regarded as a 78
derogation of any powers now existing. 79
(7) The Legislature declares that independent special 80
districts operate to serve a pu blic purpose and are a legitimate 81
method available for use by the public sector to manage, own, 82
operate, construct, and finance basic capital infrastructure, 83
facilities, and services. 84
(8) Regarding the airport facilities and concessions, the 85
Legislature finds and declares: 86
(a) The proper operation of the publicly owned or operated 87
airports in the County is essential to the safety, security, and 88
welfare of the people of the Tampa Bay area, the state, and its 89
people. 90
(b) The publicly owned or operated a irports in the County 91
establish a vital transportation link between the state and the 92
economic systems of the nation and the world and enable the 93
state to enjoy and provide the benefits of an international 94
tourist and commercial center. 95
(c) The economic validity and stability of the publicly 96
owned or operated airports in the County is a matter of 97
statewide importance. 98
(d) The policy of this state is to promote the development 99
of commerce and tourism to secure to the people of this state 100
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the benefits of those activities conducted in the state. 101
(e) The proper operation of the publicly owned or operated 102
airports in the County is essential to the safety, security, and 103
welfare of the state and its people, and the Legislature 104
recognizes and affirms such oper ation as a governmental, 105
municipal, or public function to be discharged in furtherance of 106
the policy of securing the benefits of commerce and tourism for 107
the state and its people. 108
(9) The Authority shall manage airport facilities and 109
grant airport conces sions to further the development of commerce 110
and tourism in or affecting the Tampa Bay area and the state. In 111
managing its facilities and granting concessions for services to 112
the public, the Authority shall promote the development of 113
commerce and tourism b y: 114
(a) Securing a diversity of airport services. 115
(b) Avoiding wasteful duplication of such services. 116
(c) Securing to the users of airports safe, courteous, and 117
quality service. 118
(d) Limiting or prohibiting business competition which is 119
destructive to the ends of promoting commerce and tourism in the 120
state. 121
(e) Allocating limited airport resources to promote such 122
ends. 123
(f) Fostering Florida's image as a commercial and tourist 124
center. 125
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Section 3. Definitions. —As used in this act, unless 126
otherwise specifically defined or unless another intention 127
clearly appears: 128
(1) "Advertisement" means a notice published at least once 129
a week for 2 consecutive weeks in at least two newspapers of 130
general circulation in the County, as defined in general law, as 131
may be amended from time to time, or as otherwise provided by 132
law. 133
(2) "Air navigation" means the operation or navigation of 134
aircraft in the air space over the County or upon any airport or 135
restricted landing area within the County. 136
(3) "Air navigation facility" means any facility used in, 137
available for use in, or designed for use in aid of air 138
navigation, including airports, restricted landing areas, and 139
any structures, mechanisms, lights, beacons, marks, 140
communicating systems, or other instrumentalitie s or devices 141
used or useful as an aid or constituting an advantage or 142
convenience to the safe taking off, navigation, and landing of 143
aircraft or the safe and efficient operation or maintenance of 144
an airport or restricted landing area, and any combination o f 145
any or all of such facilities. 146
(4) "Airport" means any area of land or water which is 147
designed for the landing and taking off of aircraft, whether or 148
not facilities are provided for the shelter, servicing, or 149
repair of aircraft or for receiving, servic ing, and discharging 150
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passengers or cargo, all appurtenant areas used or suitable for 151
airport buildings or other airport facilities, easements, and 152
all appurtenant rights -of-way. 153
(5) "Airports and other aviation facilities and facilities 154
related thereto and any portion thereof" means and includes 155
airports, buildings, structures, terminal buildings, parking 156
garages and lots, space, hangars, lands, warehouses, shops, 157
hotels, restaurants, rental car centers, office complexes, 158
general commercial facilities, ga s or service stations, solar 159
energy facilities, other aviation facilities of any kind or 160
nature, or any other facilities of any kind or nature related to 161
or connected with said airports and other aviation facilities 162
which the Authority is authorized by law to construct, acquire, 163
own, lease, or operate, together with all fixtures, equipment, 164
and property, real or personal, tangible or intangible, 165
necessary, appurtenant, or incidental thereto. 166
(6) "Airport purposes" means and includes airport, 167
restricted landing area, aviation, aeronautical, and other air 168
navigation facility purposes. 169
(7) "Authority" means the Hillsborough County Aviation 170
Authority. 171
(8) "Authority facility" means an airport, airports and 172
other aviation facilities and facilities related t hereto and any 173
portion thereof, air navigation facilities, and special purpose 174
facilities and any portion thereof. 175
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(9) "Board" means the Board of County Commissioners of 176
Hillsborough County. 177
(10) "Bond" means and embraces bonds, notes, certificates, 178
and other financial obligations issued by the Authority for financing 179
or refinancing purposes and, except where otherwise required by the 180
context, notes and other instruments executed to evidence obligations 181
of the Authority for the repayment of borrowed f unds. 182
(11) "Clerk" means Clerk of the Court of Hillsborough 183
County. 184
(12) "County" means the County of Hillsborough. 185
(13) "Division" means the Florida Department of Business 186
and Professional Regulation, Division of Alcoholic Beverages and 187
Tobacco or any successor agency. 188
(14) "Federal" or "Federal Government" means the United 189
States government, the President of the United States, and any 190
department, corporation, commission, agency, or other 191
instrumentality thereof. 192
(15) "Governor" means the Governo r of the State of 193
Florida. 194
(16) "Instrument" means a formal or legal document in 195
writing, including, but not limited to, a contract, deed, bond, 196
lease, or mortgage. 197
(17) "Members" means the governing body of the Authority, 198
and the term "member" means one of the individuals constituting 199
such governing body. 200
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(18) "Municipality" means a municipality created pursuant 201
to general or special law authorized or recognized pursuant to 202
s. 2 or s. 6, Art. VIII of the State Constitution and located in 203
the County. 204
(19) "Officer of the Authority" means a member who has 205
been elected by the other members to serve as the Chairperson, 206
Vice Chairperson, Secretary, Treasurer, or Assistant 207
Secretary/Assistant Treasurer. 208
(20) "Person" means and includes individuals, chi ldren, 209
firms, associations, joint ventures, partnerships, estates, 210
trusts, business trusts, syndicates, fiduciaries, corporations, 211
and all other groups or combinations. 212
(21) "Policy" means a general principle adopted by the 213
members and by which the Autho rity conducts its internal 214
governance. 215
(22) "Regulation" means the same as "rule" as defined by 216
this act and may be used interchangeably with the word "rule." 217
(23) "Resolution" means a formal, written expression of an 218
action adopted by the members. 219
(24) "Revenues" means rates, fees, grants, receipts, 220
charges, and other moneys acquired through all sources by the 221
Authority and interest income thereon. 222
(25) "Rule" means each statement of general applicability 223
adopted by the members that implements, int erprets, or 224
prescribes law or policy or describes the procedure or practice 225
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requirements of the Authority and includes any form which 226
imposes any requirement or solicits any information not 227
specifically required by statute or by an existing rule and may 228
be used interchangeably with the word "regulation" or 229
"ordinance." 230
(26) "Special purpose facilities and any portion thereof" 231
means facilities related to or to be used in connection with the 232
airports and other aviation facilities of the Authority and 233
located on lands at or adjacent to the airports and other 234
aviation facilities under the control, management, and 235
jurisdiction of the Authority and includes all property, 236
structures, rights, easements, and franchises relating thereto 237
and deemed necessary or conve nient therefor. 238
(27) "Standard procedure" means the method and manner 239
established or approved by the Chief Executive Officer or a 240
designee of the Chief Executive Officer that implements policy 241
for the day-to-day management of the Authority's operations. 242
(28) "State government" means the government of the State 243
of Florida, the Governor, and any department, commission, 244
corporation, agency, or other instrumentality thereof. 245
(29) "Surplus fund" means an unrestricted fund established 246
by the Authority into which certain revenues of the Authority 247
may be deposited on a monthly or more frequent basis after 248
payment, or provision for payment, of all current expenses 249
pursuant to its then -applicable budget and after all deposits 250
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have been made as required under its indentures, trust 251
agreements, and other contracts. 252
(30) "TPA" means Tampa International Airport. 253
Section 4. Creation; purpose. — 254
(1) The Hillsborough County Aviation Authority is created, 255
and the powers granted by this act are declared to be 256
governmental, municipal, or public purposes or functions, 257
exercised for public purposes, and are matters of public 258
necessity. Lands and other real and personal property, 259
easements, and privileges acquired and used by the Authority are 260
declared to have been acqui red for and used for governmental, 261
municipal, or public purposes or functions and as a matter of 262
public necessity. The Authority is a public body corporate and 263
is an independent special district. 264
(2) The Authority has exclusive jurisdiction, control, 265
supervision, and management over all airports in the County and 266
each municipality, except any airport owned, controlled, and 267
operated by a private person. Said jurisdiction, control, 268
supervision, and management are in the best interest of the 269
County and each municipality. 270
Section 5. Membership. — 271
(1) The Authority shall consist of five members: one 272
member who is the Mayor of the City of Tampa, ex officio; one 273
member who is a member of and selected by the Board, ex officio; 274
and three members who are appoin ted by the Governor. No member 275
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shall receive any compensation for services as a member. Each 276
member appointed by the Governor shall be appointed for a term 277
of 4 years. The Board shall appoint one of its members annually 278
at the time of its organizational se ssion who shall serve until 279
its next annual appointment, provided that he or she continues 280
to serve as a county commissioner during that time. Each member 281
shall qualify by taking an oath to faithfully perform the duties 282
of the office, and the oath shall be filed with the Clerk. To be 283
eligible for appointment as a member of the Authority by the 284
Governor, the person appointed must be a resident and citizen of 285
the County and may not be employed by or be an elected official 286
of the County or municipality. Each m ember may continue to serve 287
until a successor has been commissioned. 288
(2) A majority of the members physically present 289
constitutes a quorum. However, in emergency situations only, 290
appearances by telephone or other electronic means will be 291
considered in establishing a quorum. 292
(3) The Governor has the power to remove any member for 293
good cause. Within 15 days after any vacancy occurs a successor 294
shall be appointed in the same manner as that member for which a 295
vacancy has occurred and shall serve for the une xpired term of 296
his or her predecessor. 297
Section 6. Powers.— 298
(1) The Authority has the power to and shall: 299
(a) Elect officers as follows: one member as Chairperson, 300
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one member as Vice Chairperson, one member as Secretary, one 301
member as Treasurer, and one member as Assistant 302
Secretary/Assistant Treasurer, each of whom shall hold office 303
until new elections are held. Elections shall be held for all 304
officer positions whenever a new member is appointed to the 305
board by the Governor or whenever an existing m ember is 306
reappointed to the board by the Governor. 307
(b) Approve, file with the Clerk, and pay any surety bond 308
required of any member and any employee of the Authority. 309
(c) Exclusively control, supervise, and manage all 310
airports in the County and each mu nicipality, except any airport 311
owned, controlled, or operated by a private person. 312
(d) Advertise for sealed bids and other competitive 313
selection processes when and as required by law; provided, 314
however, the Authority may reject all bids, proposals, or 315
responses and readvertise or select a single item from any bid, 316
proposal, or response as further provided in this act. 317
(e) Adopt before October 1 an annual budget which has been 318
prepared by the Chief Executive Officer and which must include 319
an estimate of all revenues and anticipated expenditures for the 320
following fiscal year. 321
(f) Require in all bond documents that moneys derived from 322
such bonds be paid to or upon order of the Authority. 323
(g) Have the Authority's finances audited in the same 324
manner as other independent special districts are audited. 325
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(2) The Authority has the power to and may: 326
(a) Rely on the provisions of this act, without reference 327
to other laws, in exercising its powers. 328
(b) Establish and maintain such airports in, over, and 329
upon any public waters of this state within the limits of 330
jurisdiction of, or bordering on any municipality, any submerged 331
land under such public waters, and any artificial or reclaimed 332
land which, before the artificial making or reclamation thereof, 333
constituted a portion of the submerged land under such public 334
waters. 335
(c) Construct and maintain terminal buildings, landing 336
floats, causeways, roadways, runways, taxiways, bridges for 337
approach to or connecting with the airport, and land floats and 338
breakwaters for the protection of any such airport. 339
(d) Require the Treasurer and other officers or employees 340
of the Authority to execute an adequate surety bond, conditioned 341
upon the faithful performance of the duties of the office or 342
employment and in a penal sum f ixed by the Authority. 343
(e) Employ, pay, and provide benefits, which may include a 344
bonus scheme, for personnel, including law enforcement officers 345
with full police powers and a Chief Executive Officer, or any 346
similar title given by the members, formerly known as the 347
Executive Director, who shall establish positions, duties, and a 348
pay plan, which may include a bonus scheme, for and promote, 349
discipline, and terminate personnel; be responsible for the day -350
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to-day administration, management, and operation of t he 351
Authority in accordance with policy established by the members; 352
and perform other duties as may be authorized by the members. 353
(f) By policy or resolution, authorize the Chief Executive 354
Officer to perform any of the powers of the Authority in whole 355
or in part and with whatever other limitations it may find 356
appropriate, provided that said authorization does not result in 357
an invalid exercise of delegated legislative authority as 358
defined in general law. 359
(g) Employ or contract with technical and professio nal 360
experts including, but not limited to, lobbyists necessary to 361
assist the Authority in carrying out or exercising any powers 362
granted by this act. 363
(h) Reimburse for all travel expenses incurred while on 364
business for the Authority, upon requisition, any member, its 365
attorneys, the Chief Executive Officer, and any employee, agent, 366
or contractor of the Authority traveling under the direction of 367
the Chief Executive Officer or the Chief Executive Officer's 368
designee in accordance with the Authority's policies. 369
(i) Create, appoint, and prescribe the duties of any 370
committee. 371
(j) Sue and be sued. 372
(k) Adopt, use, and alter a corporate seal. 373
(l) Publish advertisements. 374
(m) Waive advertisement when the Chief Executive Officer 375
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determines an emergency exists and purchases must be immediately 376
made by the Authority. 377
(n) Negotiate and enter into contracts, agreements, 378
exclusive or limited agreements, and cooperation agreements of 379
any kind necessary for the Authority to fulfill the purposes of 380
this act. 381
(o) Include contract specifications ensuring the 382
employment of persons whose protected group has been 383
underutilized in the past. 384
(p) Enter into exclusive or limited agreements with a 385
single operator or a limited number of operators. The Authority 386
shall grant exclusive or limited agreements to displace business 387
competition by rule or policy whenever the Authority determines, 388
in consideration of the factors set forth below, that any such 389
agreement is necessary to further the purposes of this act. 390
Before entering into any exclusive or limited agreement, the 391
Authority shall, under authority expressly delegated by the 392
state, determine the necessity for such an exclusive or limited 393
agreement to further the policies and objectives stated in this 394
act, which include publ ic safety, public convenience, quality of 395
service, the need to conserve airport space, the need to avoid 396
duplication of services, the impact on the environment or 397
facilities of the airport as an essential commercial and tourist 398
service center, and the need to avoid destructive competition 399
which may impair the quality of airport services to the public, 400
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lead to uncertainty, disruption, or instability in the rendering 401
of such services, or detract from the Tampa Bay area and the 402
state's attractiveness as a cent er of tourism and commerce. In 403
making its determination, the Authority shall take evidence or 404
make findings of fact and establish such policies it deems 405
necessary. Nothing in this paragraph shall excuse the Authority 406
from complying with applicable state or local requirements for 407
competitive selection process or public hearings which may be 408
required prior to awarding or entering into any contract or 409
other agreement. 410
(q) Provide for the manual or electronic execution of any 411
instrument on behalf of the Autho rity by the signature of the 412
Chairperson or Vice Chairperson, and attested to by the 413
Secretary or the Assistant Secretary or, if delegated by the 414
members to do so, the Chief Executive Officer or any other 415
Authority personnel to whom the Chief Executive Off icer has 416
delegated authority, or by their electronic or facsimile 417
signature in accordance with the Uniform Facsimile Signature of 418
Public Officials Act. 419
(r) Purchase, lease, and sell equipment, supplies, and 420
services required for its purposes. 421
(s) Sell, lease, transfer, dispose of, or grant a lesser 422
interest in any of its properties. 423
(t) Dispose of tangible personal property in accordance 424
with chapter 274, Florida Statutes, as may be amended from time 425
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to time. 426
(u) Dispose of personal property, dereli ct or abandoned 427
aircraft, and derelict or abandoned motor vehicles found on 428
airport premises in accordance with chapter 705, Florida 429
Statutes, as may be amended from time to time. 430
(v) Grant concessions. 431
(w) Advertise, promote, and encourage the use and 432
expansion of facilities under its jurisdiction. 433
(x) Enact airport zoning regulations in accordance with 434
chapter 333, Florida Statutes, as may be amended from time to 435
time, to ensure the safe operation of airports under its 436
jurisdiction; however, any suc h airport zoning regulations may 437
not affect the zoning use regulations imposed by the County or 438
any municipality. 439
(y) Issue a written permit, before the County or any 440
municipality issues a building permit, that any construction 441
proposed on land affected by airport zoning regulations conforms 442
to airport zoning regulations upon payment of a reasonable 443
permit fee set at the discretion of the Airport Zoning Director. 444
(z) Acquire, own, construct, install, maintain, and 445
operate lands, interest in lands, and A uthority facilities by 446
purchase, gift, devise, lease, or any other means, including by 447
eminent domain in accordance with chapters 73 and 74, Florida 448
Statutes, as may be amended from time to time. For the purposes 449
of making surveys and examinations relative to any condemnation 450
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proceedings, or to investigate compliance with federal, state, 451
or local height zoning regulations, the Authority may lawfully 452
enter upon any land, doing no unnecessary damage. The Authority 453
may take possession of property to be acquire d by condemnation 454
at any time after the filing of the petition describing the same 455
in condemnation proceedings as provided in general law. The 456
Authority is not precluded from abandoning the condemnation of 457
any such property in any case where possession has not been 458
taken. 459
(aa) Reimburse the owner of any structure for which the 460
Authority may require removal, relocation, or reconstruction 461
located in, on, under, or across any private property, public 462
street, highway, or other public or private places for the 463
estimated or actual expense of the removal, relocation, or 464
reconstruction. 465
(bb) Supplement and coordinate in design and operation air 466
navigation facilities with those established and operated by the 467
federal and state governments. 468
(cc) Request the Coun ty or any municipality to convey to 469
the Authority the fee simple title to any airport or other 470
property owned by the County or any municipality and needed for 471
airport purposes. 472
(dd) Relinquish jurisdiction, control, supervision, and 473
management over any a irport or part of any airport which is 474
under its jurisdiction but which is owned by a municipality, 475
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county, or other governmental agency, upon determining that any 476
such airport or part of any such airport is no longer required 477
for airport purposes; provide d, however, that necessary 478
authorizations or approvals are received from federal agencies 479
regulating airports. 480
(ee) Expend revenues for the cost of investigating, 481
surveying, planning, acquiring, advertising, establishing, 482
constructing, enlarging, improvi ng, equipping, and erecting 483
Authority facilities by appropriation of revenues or wholly or 484
partly from the proceeds of bonds of the Authority. The term 485
"cost" includes awards in condemnation proceedings, rentals 486
where an acquisition is by lease, and amount s paid to utility 487
companies for relocation of their wires, poles, and other 488
facilities. 489
(ff) Incur expenses as provided in its annual budget and 490
any amended budget. 491
(gg) Assess against and collect from the owner or operator 492
of each airplane using any A uthority facility a landing fee or 493
service charge sufficient to cover the cost of the service 494
furnished to airplanes using any such facility, which cost may 495
include the liquidation of bonds or other indebtedness for 496
construction and improvement. 497
(hh) Accept federal, state, and any other public or 498
private moneys, grants, contributions, or loans for the 499
acquisition, construction, enlargement, improvement, 500
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maintenance, equipment, or operation of Authority facilities, or 501
any other lawful purpose. 502
(ii) Fix, alter, revise, charge, establish, and collect 503
rates, fees, rentals, and other charges, such as, but not 504
limited to, customer facility charges and transportation 505
facility charges, for the services of Authority facilities at 506
reasonable and uniform rates. 507
(jj) Adopt a resolution as may be required to levy an ad 508
valorem tax and submit it to the Board. 509
(kk) Apply for, hold, and periodically transfer alcoholic 510
beverage licenses as provided by this act. 511
(ll) Adopt and amend rules, regulations, and policies 512
reasonably necessary for the implementation of this act. 513
(mm) By resolution, fix and enforce penalties, including, 514
but not limited to, the imposition of sanctions and fines, for 515
the violation of this act or any rule, regulation, or policy 516
adopted in accordance with this act or in the regulation of the 517
airports under the Authority's control. 518
(nn) Amend the budget after its adoption. 519
(oo) Receive, deposit, secure, and pay out moneys as 520
provided by this act. 521
(pp) Designate one or more depositories which are 522
qualified as public depositories pursuant to section 280.04, 523
Florida Statutes, as may be amended from time to time, and 524
thereafter establish and open an account or accounts into which 525
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revenues collected are to be deposited and from which 526
expenditures may be made. 527
(qq) Establish and deposit into and expend moneys from a 528
surplus fund by using funds other than those derived from ad 529
valorem taxation, that may remain unexpended at the end of the 530
fiscal year and may be set aside in a separate fund and 531
accumulated and expended from year to year solely for the 532
purpose of building and constructing permanent improvements, 533
replacements, alterations, buildings, and other structures, 534
including runways, taxi strips, and aprons. 535
(rr) By resolution, borrow money an d issue bonds in the 536
manner and within the limitation, except as otherwise provided 537
in this act, prescribed by general law for the issuance and 538
authorization of bonds; however, any bonds issued by the 539
Authority shall be self -liquidating or otherwise payabl e from 540
revenues of the Authority and shall not be a lien against the 541
general taxing powers of the County or any municipality. 542
(ss) Enter into any deeds of trust, indentures, or other 543
agreements with any bank or trust company as security for its 544
bonds, and assign and pledge any or all of its revenues. Such 545
deeds of trust, indentures, or other agreements may contain 546
provisions customary in such instruments or as authorized by the 547
Authority. 548
(tt) Secure the payment of bonds or any part thereof by 549
pledging all or any part of its revenues and provide for the 550
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security of said bonds and the rights and remedies of the 551
bondholders. 552
(uu) Apply for and hold trademarks or service marks. 553
(vv) Apply to the proper authorities of the United States 554
for the right to establish, operate, and maintain foreign and 555
domestic trade zones within the limits of the airport and 556
establish, operate, and maintain such foreign and domestic trade 557
zones. 558
(ww) Solicit air carriers, shipping lines, intermodal or 559
common carriers, and ot her businesses and do all things 560
necessary or advisable, including, but not limited to, 561
establishing an air service incentive program, to promote 562
commerce and increase passenger traffic and freight tonnage 563
through the airports operated by the Authority. 564
(xx) Publicize, advertise, promote and make known to the 565
users, potential users, and public in general the advantages, 566
facilities, resources, products, attractions, and attributes of 567
the activities and projects authorized by this act, including, 568
but not limited to, participating in community organizations 569
supporting trade, travel, or economic development. 570
(yy) Receive sponsorships and provide sponsorships. 571
(zz) Self-insure, enter into risk management programs, or 572
purchase liability insurance for whateve r coverage it may choose 573
or any combination thereof. 574
(aaa) Pending the preparation of definitive bonds, issue 575
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certificates or temporary bonds to the purchaser of bonds. 576
(bbb) Transact the business of the Authority and exercise 577
all powers necessarily incidental to the exercise of the general 578
and special powers granted in this act and under any other law. 579
(ccc) Exercise all powers of a local agency granted 580
pursuant to part II of chapter 159, Florida Statutes, as may be 581
amended from time to time, and t o a governmental unit granted 582
pursuant to part VII of chapter 159, Florida Statutes, as may be 583
amended from time to time. 584
(ddd) Do all acts and things necessary or convenient for 585
the promotion of its business and the general safety, security, 586
and welfare of the Authority. 587
Section 7. Alcoholic beverage licenses. — 588
(1) Alcoholic beverage licenses, as provided for in 589
section 561.17, Florida Statutes, as may be amended from time to 590
time, shall be issued to the Authority or other governmental 591
agency operating TPA or general aviation airports as provided in 592
this section. 593
(a) Each such beverage license shall be issued upon the 594
written or printed application for licenses to conduct such 595
business, made to the Division stating the character of the 596
business to be engaged in, the address of the building wherein 597
the establishment sought to be licensed is or will be located, 598
and the kind of license as defined in chapter 561, Florida 599
Statutes, as may be amended from time to time, which the 600
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applicant desires. The ap plication shall be in the name of the 601
Authority or other governmental agency operating TPA or general 602
aviation airports and when issued shall be issued in the name of 603
such applicant. The applicant shall pay to the Division the 604
license fees for the kind of license that the applicant desires. 605
(b) Each license is renewable as provided by general law. 606
Each beverage license shall be for the term and subject to the 607
same privileges or renewal as provided in sections 561.26 and 608
561.27, Florida Statutes, as may be amended from time to time. 609
(c) Any business operated under any beverage license shall 610
be operated only by a lessee of the restaurants, lounges, or 611
bars in the airport terminal, administration building, or hotels 612
at the airports to whom the license may b e transferred. The 613
Authority or governmental agency operating TPA or general 614
aviation airports and each authorized lessee shall make 615
application to the Division for the transfer of the license to 616
the lessee, and the application shall be approved by the 617
Division if it meets the requirements of law to do so. Upon 618
termination of a lease for any reason, the lessee shall 619
immediately notify the Division to retransfer the beverage 620
licenses to the Authority or the governmental agency operating 621
TPA or general aviati on airports. Upon failure of a lessee to 622
notify the Division, the Authority or the governmental agency 623
operating TPA or general aviation airports shall immediately 624
notify the Division in writing to transfer the license back to 625
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the Authority or other govern mental agency operating TPA or 626
general aviation airports which may then transfer it to another 627
authorized lessee. Thereafter, the beverage license may be 628
transferred to any new lessee or the restaurants, lounges, or 629
bars upon the same terms and conditions. Any alcoholic beverage 630
license issued in accordance with this section is the property 631
of the Authority or the governmental agency operating TPA or 632
general aviation airports, subject to transfer as provided by 633
this act. 634
(2) This section does not preclude persons operating on 635
property of the Authority from acquiring an alcoholic beverage 636
license for use on its premises pursuant to general law and the 637
rules of the Division. 638
Section 8. County and municipal powers and 639
responsibilities; private ownership t ransfers.— 640
(1) Each municipality is empowered to appropriate moneys 641
for acquiring, establishing, constructing, enlarging, improving, 642
maintaining, equipping, or operating airports and other air 643
navigation facilities under the provisions of this act, and e ach 644
municipality is authorized to appropriate and to raise by 645
taxation or otherwise moneys to assist in carrying out the 646
provisions of this act as to airports partly or wholly within 647
the limits of each municipality. 648
(2) It is lawful for any municipality, and full power and 649
authority is hereby conferred upon each municipality, to 650
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cooperate and share in the exercise of the powers and 651
authorities conferred upon the Authority under the provisions of 652
this act, when mutually agreed upon between any such 653
municipality and the Authority. 654
(3)(a) The County and each municipality, drainage 655
district, road and bridge district, school district, county, 656
city, state, or any other political subdivision, board, 657
department, agency, commission, or individual in, or out of, t he 658
state are authorized to aid and cooperate with the Authority in 659
carrying out any authorized purpose of the Authority by: 660
1. Entering into cooperation agreements with the Authority 661
and providing in any such cooperation agreement for the making 662
of a loan, gift, grant, or contribution to the Authority. 663
2. Granting and conveying to the Authority real or 664
personal property, of any kind or nature, or any interest 665
therein. 666
3. Covenanting in any such cooperation agreement made 667
pursuant to this section to pa y all or any part of: 668
a. The costs of operation and maintenance of Authority 669
facilities from moneys derived from ad valorem taxation or from 670
any other available funds of the County or a municipality. 671
b. The principal of and interest on any revenue bond s of 672
the Authority. 673
c. The deposits required to be made into any reserve or 674
other funds established by the Authority, any indenture, deed of 675
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trust, or other instrument securing said revenue bonds from any 676
available funds of the County or a municipality o ther than 677
moneys derived from ad valorem taxes. 678
(b) Any cooperation agreement may be made and entered into 679
containing details, terms, provisions, and conditions as may be 680
agreed upon. 681
(c) Any cooperation agreement may be made and entered into 682
for the benefit of the holders of any revenue bonds of the 683
Authority as well as the parties thereto and is enforceable in 684
any court of competent jurisdiction by the holders of any such 685
revenue bonds or of the coupons appertaining thereto. 686
(4) The County and each municipality are authorized and 687
empowered to convey the fee simple title to any real property 688
needed for airport purposes and owned by either the County or a 689
municipality to the Authority. 690
(5) Before the County or any municipality issues a 691
building permit authorizing building on land affected by airport 692
zoning regulations, it must obtain a written permit from the 693
Authority to certify that the construction conforms to the 694
regulations required by the airport zoning regulations. 695
(6)(a) Any municipality, th e County, or any private owner 696
may, and each is authorized to, sell, lease, lend, grant, or 697
convey to the Authority any interest in real or personal 698
property which may be used by the Authority in the construction, 699
improvement, maintenance, leasing, or oper ation of Authority 700
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facilities. Any municipality, the County, or any other owner is 701
additionally authorized to transfer, assign, and set over to the 702
Authority any contract or contracts which may have been awarded 703
by said municipality, the County, or said ow ner for the 704
construction of Authority facilities not begun or, if begun, not 705
completed. 706
(b) Any such action by the County or any municipality must 707
be approved by the governing body of the County or the 708
municipality expressed by resolution or ordinance. 709
(c) Notwithstanding any other provision of law, this 710
section is complete authority for the acquisition by agreement 711
of airports and other aviation facilities and facilities related 712
thereto and any portion thereof and no other action is required. 713
Section 9. Bonds.— 714
(1) Bonds may be issued to finance one or more or a 715
combination of Authority facilities. Subject to any prior rights 716
of bondholders, proceeds of such bonds may be pledged and used 717
to pay the cost of the acquisition, construction, or improve ment 718
of one or more or a combination of Authority facilities or to 719
refund bonds previously issued for such purpose. Revenues of the 720
Authority, regardless of the airport project or other source 721
from which they are derived, may be pledged to pay bonds issued 722
to finance the cost of Authority facilities and to pay refunding 723
bonds and ancillary costs associated with such financings. 724
(2) Except as otherwise provided by this act, security, 725
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payment provisions, contracts, terms, and other attributes of 726
bonds issued by the Authority shall be specified by the 727
Authority by initial or amendatory resolution, trust agreement, 728
or other bond documentation. 729
(3) The bonds shall be executed by manual or facsimile 730
signature by the officers the Authority has designated, provi ded 731
that such bonds bear at least one signature which is manually 732
executed to the extent required by general law. Any coupons 733
attached to the bonds shall bear the facsimile signature or 734
signatures of the officer or officers designated by the 735
Authority. If any member or officer whose manual or facsimile 736
signature appears on any bond or coupon ceases to be a member or 737
an officer before the delivery of the bonds, such signature 738
shall be valid and sufficient for all purposes as if that member 739
or officer had remained in office until delivery. The bonds may 740
bear the seal of the Authority affixed, which may be a 741
facsimile, as provided by resolution. 742
(4) Bonds may be sold either at public or private sale at 743
such price or prices determined by the Authority. 744
(5) Any bonds issued pursuant to this act are negotiable 745
instruments and investment securities under chapter 678, Florida 746
Statutes, as may be amended from time to time. 747
(6) The pledge by the Authority of its revenues to the 748
payment of its bonds by the terms of a resolution or through any 749
deed of trust, indenture, or other agreement creates a valid and 750
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binding lien thereon and a prior perfected security interest 751
therein from the time the pledge is made. Any revenues so 752
pledged are immediately subject to a lien of such pledge without 753
any physical delivery thereof or further act, and the lien of 754
any such pledge shall be valid and binding against all parties 755
having claims of any kind against the Authority, irrespective of 756
whether such parties have notice thereof. No resolution, deed of 757
trust, indenture, or other agreement by which a pledge is 758
created need be filed or recorded, except in the records of the 759
Authority, and notice is not required to be given to any obligor 760
of such revenues. No filings under the Florida Uniform 761
Commercial Code are required in order to perfect any pledge 762
granted. 763
(7) No approval of the qualified electors or qualified 764
freeholders of the state or of the County may be required for 765
the issuance of any bonds by the Authority unless such appr oval 766
is required by the provisions of the Constitution of the State 767
of Florida. 768
(8) Notwithstanding any other provision of law, bonds 769
issued by the Authority are legal investments for banks, savings 770
banks, trustees, executors, all other fiduciaries, and all 771
state, municipal, and other public funds. Any such bonds are 772
securities eligible for deposit for the securing of all state, 773
municipal, and other public funds. 774
Section 10. Bondholder rights and remedies. — 775
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(1) Unless otherwise provided in any instr ument pursuant 776
to which such bonds were issued, the Authority may not do 777
anything that will impair the security of the bondholders of the 778
Authority or violate any agreement with them for their benefit. 779
(2)(a) In addition to any other rights and remedies 780
lawfully granted to bondholders in law, unless otherwise 781
provided in any instrument pursuant to which such bonds were 782
issued, holders of 25 percent or such other percentage as may be 783
specified in any deed of trust, indenture, or other agreement 784
under which the bonds were issued in the aggregate principal 785
amount of the bonds then outstanding are entitled to appoint a 786
trustee, upon notice as provided in this act and for the purpose 787
provided in this act, if the Authority defaults in the payment 788
of principal or interest for a period of 30 days after either 789
becomes due, whether at maturity or upon call for redemption, or 790
if the Authority fails to comply with the provisions of this 791
act, its resolution or resolutions, or the requirements of any 792
deed of trust, inden ture, or other agreement under which the 793
bonds were issued. Any such bondholders must first give written 794
notice of their intention to appoint a trustee to the Authority 795
by certified United States mail addressed to the chairperson of 796
the Authority at the pr incipal office of the Authority and to 797
the holders of all other bonds then outstanding at their 798
addresses shown on the registration books maintained by the 799
Authority or the bond registrar. For purposes of this paragraph, 800
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any trustee appointed to serve in t hat capacity pursuant to a 801
deed of trust, trust agreement, indenture, or other document by 802
which bonds of the Authority have been issued is deemed to have 803
been selected by the holders of bonds issued under that 804
instrument. If more than one trustee is desig nated, either by 805
two or more written instruments or pursuant to the provisions of 806
this paragraph, the group of bondholders owning the highest 807
percentage of bonds outstanding has the right to designate the 808
single trustee to serve in that capacity for purpos es of this 809
act. 810
(b) Unless otherwise provided in any instrument pursuant 811
to which such bonds were issued, any trustee, whether appointed 812
by bondholders in accordance with the provisions of this act or 813
in accordance with the terms of any deed of trust, in denture, or 814
other agreement, may, upon written request of the holders of 25 815
percent or such other percentage as may be specified in any deed 816
of trust, indenture, or other agreement under which the bonds 817
were issued in the aggregate principal amount of the bonds then 818
outstanding may, in any court of competent jurisdiction, in his, 819
her, or its own name: 820
1. By mandamus or other suit, action, or proceeding at law 821
or in equity, enforce all rights of the bondholders, including 822
the right to require the Authority to fix, establish, maintain, 823
collect, and charge rates, fees, rentals, and other charges 824
adequate to carry out any agreement as to, or pledge of, the 825
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revenues of the Authority, and to require the Authority to carry 826
out any other agreements with or for the benefit of the 827
bondholders, and to perform its and their duties under this act. 828
2. Bring suit upon the bonds. 829
3. By action or suit in equity, require the Authority to 830
account as if it were the trustee of an express trust for the 831
bondholders. 832
4. By action or suit in equity, enjoin any acts or things 833
which may be unlawful or in violation of the rights of the 834
bondholders. 835
5. By written notice given in the same manner as provided 836
by this act to the Authority declare all bonds due and payable 837
and, if all defaults are made good and with the consent of the 838
holders of 25 percent or such other percentage as may be 839
specified in any deed of trust, indenture, or other agreement 840
under which the bonds were issued in the aggregate principal 841
amount of the bonds t hen outstanding, annul such declaration and 842
its consequences. 843
(3) Unless otherwise provided in any instrument pursuant 844
to which such bonds were issued, if a default continues for more 845
than 60 days after written notice to the Authority, any trustee 846
when appointed as aforesaid, or acting under a deed of trust, 847
indenture, or other agreement, and whether or not all bonds have 848
been declared due and payable, upon the happening of any of the 849
events of default specified in this section, shall be entitled 850
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as of right to appoint a receiver. The receiver may enter and 851
take possession of any of the Authority facilities for which the 852
Authority is in default as provided herein, or any part or parts 853
thereof and the revenues which are or may be applicable to the 854
payment of the bonds in default and operate and maintain the 855
same, for and on behalf of and in the name of the Authority and 856
the bondholders. The receiver shall collect revenues in the same 857
manner as the Authority might, and shall use and apply such 858
funds in accordance with the applicable bond documents or, if 859
not so specified into a separate account, as directed by the 860
court. 861
(4) Unless otherwise provided in any instrument pursuant 862
to which such bonds were issued, nothing in this section or any 863
other section of this act authorizes any receiver appointed to 864
sell, assign, mortgage, or otherwise dispose of any assets of 865
the Authority. The powers of such receiver are limited to the 866
operation and maintenance of the Authority facilities as the 867
court may direct, in the n ame of and for and on behalf of the 868
Authority and the bondholders. No holder of bonds or any court 869
or any trustee is empowered by this act to sell, assign, 870
mortgage, or otherwise dispose of any assets of whatever kind or 871
character belonging to the Authorit y. 872
Section 11. Award of contracts. — 873
(1)(a) All Authority purchases of construction, 874
improvements, repairs, equipment, supplies, materials, services, 875
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or work of any nature, where the entire cost or value exceeds 876
$100,000, shall be done only under cont ract or contracts 877
approved and awarded by the Authority utilizing a competitive 878
selection process with a responsive, qualified, and responsible 879
bidder, respondent, or proposer, upon proper terms, after 880
advertisement or notice has been given asking for comp etitive 881
bids, responses, or proposals, provided that the Authority may 882
reject any and all bids, responses, or proposals. 883
(b) These requirements do not apply to: 884
1. Purchases made pursuant to the Consultants' Competitive 885
Negotiation Act; 886
2. Purchases of required equipment, supplies, materials, 887
or services that are highly specialized or proprietary, or when 888
no other authorized vendor can supply the required equipment, 889
supplies, materials, or services; 890
3. Purchases of equipment, supplies, materials, or 891
services utilizing the Authority standardization program or the 892
owner's direct purchase program, or utilizing proof of concepts, 893
to evaluate viability of products before purchase; 894
4. Purchases of unique equipment, supplies, materials, or 895
services supporting law enforcement and aircraft rescue and 896
firefighting; 897
5. Purchases of unique equipment, supplies, materials or 898
services, including, but not limited to, subscriptions, dues, 899
memberships, sponsorships, trainings, advertisings, and 900
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entertainers; 901
6. Purchases of equipment, supplies, materials, or 902
services through a contract issued by a federal, state, or local 903
government if such contract was procured using a full and open 904
competitive process; 905
7. Emergency purchases necessary to mitigate a situation 906
which threatens the safety of employees or passengers, the 907
operation of the airport, or loss of airport property; 908
8. Certain recurring, mandatory, day -to-day expenditures 909
such as utilities, government fees, and taxes; 910
9. Work performed by employees of t he Authority; 911
10. Labor supplied by the federal, state, or local 912
government; 913
11. Contracts or establishment and compliance with rules 914
concerning labor and materials and other related matters in 915
connection with any project, or portion thereof, as the 916
Authority may deem desirable or as may be requested by the 917
federal or state government assisting in the financing of 918
Authority facilities; 919
12. Any situation in which the Authority has taken over by 920
transfer or assignment any contract authorized to be assigned to 921
it under the provisions relating to the transfer of existing 922
facilities to the Authority as provided by this act; 923
13. Any contract in connection with the construction of 924
Authority facilities which the Authority has had transferred to 925
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it; and 926
14. Any contract or agreement between the Authority and 927
any engineers, architects, attorneys, agents, or other 928
professional services. 929
(c) Any contract subject to section 255.05, Florida 930
Statutes, as may be amended from time to time, in excess of 931
$50,000 shall not be entered into for construction, improvement, 932
or repair of Authority facilities unless the contractor has 933
sufficient surety or sureties, approved by the Authority, and in 934
an amount fixed by the Authority, for the faithful performance 935
of the contract. Any such contract shall include provisions that 936
the person entering into the contract with the Authority will 937
pay for all materials furnished and services rendered for the 938
performance of the contract and may maintain an action to 939
recover for the same against the obligor in the undertaking, as 940
though such person was named therein, provided the action is 941
brought within 1 year after the time the cause of action 942
accrued. Nothing in this section shall be construed to limit the 943
power of the Authority to c onstruct, repair, or improve 944
Authority facilities or any addition, betterment, or extension 945
thereto, directly by the officers, agents, and employees of the 946
Authority, or otherwise than by contract. 947
(2) The Authority may use, as an alternative, the 948
provisions of section 255.20, Florida Statutes, as may be 949
amended from time to time, to satisfy the competitive 950
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procurement requirements of this section. 951
Section 12. Legal effects. —Any acquisition of property or 952
rights therein for Authority facilities, or fo r airport 953
protection privileges, including the conveyance and acceptance 954
thereof, and any bonds issued and sold up to and including the 955
effective date of this act are validated. 956
Section 13. Ad valorem tax. —When the Authority prepares 957
its annual budget and finds it necessary to levy an ad valorem 958
tax, it shall adopt a resolution determining the estimated 959
amounts to be expended by the Authority in the ensuing fiscal 960
year, exclusive of the proceeds of any bonds or other 961
obligations of the Authority, for ac quiring, establishing, 962
constructing, enlarging, operating, and maintaining Authority 963
facilities or for any other corporate purpose of the Authority, 964
and request the Board to levy the tax, not to exceed 1.5 mills 965
per annum, on all the taxable real and perso nal property in the 966
County for the exclusive use of the Authority and for the 967
purposes provided in this section. The Authority shall submit a 968
certified copy of any such resolution to the Board at the same 969
time it submits its annual budget to the Clerk. The Board has no 970
right or authority to alter either the amount of the levy 971
request or the use of its proceeds or to in any way alter the 972
budget of the Authority. The Board shall authorize the levy 973
requested. The tax collector of the County shall collect and 974
promptly pay over to the Authority the proceeds of such tax. 975
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Section 14. Prohibition on the use of the taxing power of 976
the state.—The Authority has no power to pledge the taxing power 977
of the state, or any political subdivision or agency thereof, 978
nor shall any of the obligations issued by the Authority be 979
deemed to be obligations of the state, or any political 980
subdivision or agency thereof, secured by and payable from the 981
ad valorem taxes thereof. The state, or any political 982
subdivision or agency thereof, is not liable for the payment of 983
principal of or interest on such obligations, except from the 984
special funds provided for in this act. 985
Section 15. Covenant of the state. —The state pledges and 986
agrees with the Federal Government and any person acquiring any 987
bonds issued by the Authority for the construction, extension, 988
improvement, or enlargement of Authority facilities that the 989
state will not limit or alter the rights vested in the Authority 990
until all bonds at any time issued, together with the interest 991
thereon, are fully paid and discharged. The state further 992
pledges and agrees with the Federal Government that if the 993
Federal Government contributes any funds for the construction, 994
extension, improvement, or enlargement of Authority facilities 995
the state will not alter or limit the rights and powers of the 996
Authority in any manner which would be inconsistent with the 997
continued maintenance, operation, or the improvement of 998
Authority facilities or which would be inconsistent with the due 999
performance of any agre ements between the Authority and the 1000
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Federal Government. The Authority shall continue to have and may 1001
exercise all powers granted in this act, so long as the same are 1002
necessary or desirable for the carrying out of the purposes of 1003
this act and the purposes of the Federal Government in the 1004
construction, improvement, maintenance, or enlargement of 1005
Authority facilities. 1006
Section 16. Exemption from taxation. —Any property owned or 1007
otherwise acquired by the Authority is exempt from taxation to 1008
the same extent as other property used for public or 1009
governmental purposes or functions. The effectuation of the 1010
authorized purposes of the Authority shall and will be, in all 1011
respects, for the benefit of the people of the state and the 1012
County for the increase of their com merce and prosperity, and 1013
for the improvement of their safety, security, welfare, health, 1014
and living conditions and, since the Authority will be 1015
performing essential governmental, municipal, or public purposes 1016
or functions in effectuating such purposes, th e Authority is not 1017
required to pay any taxes or assessments of any kind or nature 1018
whatsoever upon any property required or used by it for such 1019
purposes, or any rates, fees, rentals, receipts, or incomes at 1020
any time received by it, and the bonds issued by t he Authority, 1021
their transfer and the income therefrom, including any profits 1022
made in the sale thereof, and any security instruments or 1023
agreements securing the repayment thereof, are free from 1024
taxation of any kind by the state or any political subdivision 1025
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or taxing agency or instrumentality thereof. 1026
Section 17. Discrimination prohibited. — 1027
(1)(a) The Authority and its lessees, including successors 1028
in interest, shall not because of race, color, sex, religion, 1029
national origin, age, disability, or marital status of any 1030
individual refuse to hire, employ, bar, or discharge from 1031
employment such individual or otherwise discriminate against 1032
such individual with respect to compensation, hire, tenure, 1033
terms, conditions, or privileges of employment. 1034
(b) No person on the grounds of race, color, sex, 1035
religion, national origin, age, disability, or marital status 1036
shall be excluded from the participation in, denied the benefits 1037
of, or otherwise subjected to discrimination in the use of 1038
leased premises of the Authority. 1039
(c) In furnishing services or materials, or in the 1040
construction of any improvements, no person shall be excluded 1041
from participation in, denied the benefits of, or otherwise 1042
subjected to discrimination with respect thereto. 1043
(2) There is no right to app ly to the court for relief on 1044
account of any order, requirement, decision, determination, or 1045
action of the Authority pursuant to this section unless there 1046
has been an appeal to the Authority. 1047
Section 18. Recodification. —Prior to October 1, 2032, and 1048
every 10 years thereafter, The Hillsborough County Legislative 1049
Delegation shall review this chapter, and all acts which amend 1050
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or otherwise modify this chapter, for the purpose of determining 1051
whether there is a need for recodification of same. If it is 1052
determined that there is such a need, the legislative delegation 1053
may require the Authority to accomplish same, and to prepare or 1054
cause to be prepared such legislation as may be necessary for 1055
such purpose by preparing such legislation. 1056
Section 19. Grammatical usage.—The singular includes the 1057
plural and vice versa, and gender -specific language includes the 1058
other gender and neuter. 1059
Section 20. Severability. —The provisions of this act are 1060
severable, and if any of the provisions hereof shall be held to 1061
be unconstitutional or invalid, such determination shall not 1062
affect the constitutionality or validity of any of the remaining 1063
provisions of this act. 1064
Section 4. Chapters 2012-234 and 2014-250, Laws of 1065
Florida, are repealed. Such repeal does not affect the 1066
prosecution of any cause of action that accrued before the 1067
effective date of the repeal and does not affect rules, 1068
regulations, policies, actions, and decisions, contracts, 1069
agreements, obligations, and properties of the Authority 1070
existing prior to the effecti ve date of this act. Nothing in 1071
this act is intended, nor shall any provision hereof be 1072
construed so as to repeal, abrogate, impair, or adversely affect 1073
the rights and remedies of the holders of any obligations of the 1074
Authority issued pursuant to the exist ing acts or any other 1075
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applicable provision of law. 1076
Section 5. This act shall take effect October 1, 2022. 1077