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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; providing the ability to employ or con tract with 11
lobbyists; providing for electronic execution of 12
instruments; authorizing the lease of equipment, 13
support, and services; providing for imposition of 14
certain fees; authorizing application for and the 15
holding of trademarks and service marks, the 16
solicitation of air carriers, and permitting receiving 17
and providing sponsorships; providing ability to self -18
insure, enter into risk management programs, or 19
purchase liability insurance; revising the list of 20
governmental entities that the Authority can ente r 21
into interlocal agreements with and removing maximum 22
duration on such interlocal agreements; providing 23
requirements for award of contracts and when such 24
requirements do not apply; providing for 25
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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
recodification; repealing chapters 2012 -234 and 2014-26
250, Laws of Florida, relating to the Authority; 27
providing severability; providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Pursuant to s. 189.019, Florida Statutes, this 32
act constitutes the codification of all special acts relating to 33
the Hillsborough County Aviation Authority. It is the intent of 34
the Legislature in enacting this law to provide a single, 35
comprehensive special act charter for the Authority, including 36
all current legislative authority granted to the Authority by 37
its several legislative enactments and any additional authority 38
granted by this act. 39
Section 2. Chapters 2012-234 and 2014-250, Laws of 40
Florida, relating to the Hillsborough County Aviation Authority, 41
are codified, reenacted, amend ed, and repealed as provided in 42
this act. 43
Section 3. The charter for the Hillsborough County 44
Aviation Authority is re -created and reenacted to read: 45
Section 1. Short title. —This act may be cited as the 46
"Hillsborough County Aviation Authority Act." 47
Section 2. General provisions. — 48
(1) It is the intent of the Legislature that this act 49
supersede chapters 2012 -234 and 2014-250, Laws of Florida, 50
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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
relating to the Hillsborough County Aviation Authority, and is a 51
codification, a compilation of previousl y existing legislation 52
relating to the Authority. 53
(2) The codification is also to act as a reviser's bill, 54
deleting provisions which have expired, have had their effect, 55
have served their purpose, or have been impliedly repealed or 56
superseded; replacing incorrect cross references and citations, 57
correcting grammatical, typographical, and like errors; removing 58
inconsistencies and redundancies; and improving clarity and 59
facilitating correct interpretation. It is the intent of the 60
Legislature to define freque ntly used terms and to reflect 61
standard business practices required for an independent special 62
district to conduct its business which have not been previously 63
enumerated. 64
(3) The Authority shall comply with federal law regarding 65
expenditure of federal mo neys. 66
(4) This act shall not be construed as impairing or 67
infringing upon any rights, privileges, or benefits enjoyed by 68
any employee of the Authority who is so employed on the 69
effective date of this act. 70
(5) The members and employees of the Authority shall 71
comply with part III of chapter 112, Florida Statutes, as may be 72
amended from time to time. 73
(6) This act provides an additional, alternative, and 74
complete method for the exercise of the powers granted and 75
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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
authorized by this act and shall be regarde d as supplemental to 76
powers conferred by other laws and shall not be regarded as a 77
derogation of any powers now existing. 78
(7) The Legislature declares that independent special 79
districts operate to serve a public purpose and are a legitimate 80
method available for use by the public sector to manage, own, 81
operate, construct, and finance basic capital infrastructure, 82
facilities, and services. 83
(8) Regarding the airport facilities and concessions, the 84
Legislature finds and declares: 85
(a) The proper operation of the publicly owned or operated 86
airports in the County is essential to the safety, security, and 87
welfare of the people of the Tampa Bay area, the state, and its 88
people. 89
(b) The publicly owned or operated airports in the County 90
establish a vital transpo rtation link between the state and the 91
economic systems of the nation and the world and enable the 92
state to enjoy and provide the benefits of an international 93
tourist and commercial center. 94
(c) The economic validity and stability of the publicly 95
owned or operated airports in the County is a matter of 96
statewide importance. 97
(d) The policy of this state is to promote the development 98
of commerce and tourism to secure to the people of this state 99
the benefits of those activities conducted in the state. 100
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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
(e) The proper operation of the publicly owned or operated 101
airports in the County is essential to the safety, security, and 102
welfare of the state and its people, and the Legislature 103
recognizes and affirms such operation as a governmental, 104
municipal, or public f unction to be discharged in furtherance of 105
the policy of securing the benefits of commerce and tourism for 106
the state and its people. 107
(9) The Authority shall manage airport facilities and 108
grant airport concessions to further the development of commerce 109
and tourism in or affecting the Tampa Bay area and the state. In 110
managing its facilities and granting concessions for services to 111
the public, the Authority shall promote the development of 112
commerce and tourism by: 113
(a) Securing a diversity of airport servic es. 114
(b) Avoiding wasteful duplication of such services. 115
(c) Securing to the users of airports safe, courteous, and 116
quality service. 117
(d) Limiting or prohibiting business competition which is 118
destructive to the ends of promoting commerce and tourism in the 119
state. 120
(e) Allocating limited airport resources to promote such 121
ends. 122
(f) Fostering Florida's image as a commercial and tourist 123
center. 124
Section 3. Definitions. —As used in this act, unless 125
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otherwise specifically defined or unless another intent ion 126
clearly appears: 127
(1) "Advertisement" means a notice published at least once 128
a week for 2 consecutive weeks in at least two newspapers of 129
general circulation in the County, as defined in general law, as 130
may be amended from time to time, or as otherwis e provided by 131
law. 132
(2) "Air navigation" means the operation or navigation of 133
aircraft in the air space over the County or upon any airport or 134
restricted landing area within the County. 135
(3) "Air navigation facility" means any facility used in, 136
available for use in, or designed for use in aid of air 137
navigation, including airports, restricted landing areas, and 138
any structures, mechanisms, lights, beacons, marks, 139
communicating systems, or other instrumentalities or devices 140
used or useful as an aid or consti tuting an advantage or 141
convenience to the safe taking off, navigation, and landing of 142
aircraft or the safe and efficient operation or maintenance of 143
an airport or restricted landing area, and any combination of 144
any or all of such facilities. 145
(4) "Airport" means any area of land or water which is 146
designed for the landing and taking off of aircraft, whether or 147
not facilities are provided for the shelter, servicing, or 148
repair of aircraft or for receiving, servicing, and discharging 149
passengers or cargo, all a ppurtenant areas used or suitable for 150
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airport buildings or other airport facilities, easements, and 151
all appurtenant rights -of-way. 152
(5) "Airports and other aviation facilities and facilities 153
related thereto and any portion thereof" means and includes 154
airports, buildings, structures, terminal buildings, parking 155
garages and lots, space, hangars, lands, warehouses, shops, 156
hotels, restaurants, rental car centers, office complexes, 157
general commercial facilities, gas or service stations, solar 158
energy facilities, other aviation facilities of any kind or 159
nature, or any other facilities of any kind or nature related to 160
or connected with said airports and other aviation facilities 161
which the Authority is authorized by law to construct, acquire, 162
own, lease, or operate, together with all fixtures, equipment, 163
and property, real or personal, tangible or intangible, 164
necessary, appurtenant, or incidental thereto. 165
(6) "Airport purposes" means and includes airport, 166
restricted landing area, aviation, aeronautical, and other a ir 167
navigation facility purposes. 168
(7) "Authority" means the Hillsborough County Aviation 169
Authority. 170
(8) "Authority facility" means an airport, airports and 171
other aviation facilities and facilities related thereto and any 172
portion thereof, air navigation facilities, and special purpose 173
facilities and any portion thereof. 174
(9) "Board" means the Board of County Commissioners of 175
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Hillsborough County. 176
(10) "Bond" means and embraces bonds, notes, certificates, 177
and other financial obligations issued by the Authority for financing 178
or refinancing purposes and, except where otherwise required by the 179
context, notes and other instruments executed to evidence obligations 180
of the Authority for the repayment of borrowed funds. 181
(11) "Clerk" means Clerk of the Court of Hillsborough 182
County. 183
(12) "County" means the County of Hillsborough. 184
(13) "Division" means the Florida Department of Business 185
and Professional Regulation, Division of Alcoholic Beverages and 186
Tobacco or any successor agency. 187
(14) "Federal" or "Fede ral Government" means the United 188
States government, the President of the United States, and any 189
department, corporation, commission, agency, or other 190
instrumentality thereof. 191
(15) "Governor" means the Governor of the State of 192
Florida. 193
(16) "Instrument" means a formal or legal document in 194
writing, including, but not limited to, a contract, deed, bond, 195
lease, or mortgage. 196
(17) "Members" means the governing body of the Authority, 197
and the term "member" means one of the individuals constituting 198
such governing body. 199
(18) "Municipality" means a municipality created pursuant 200
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to general or special law authorized or recognized pursuant to 201
s. 2 or s. 6, Art. VIII of the State Constitution and located in 202
the County. 203
(19) "Officer of the Authority" means a memb er who has 204
been elected by the other members to serve as the Chairperson, 205
Vice Chairperson, Secretary, Treasurer, or Assistant 206
Secretary/Assistant Treasurer. 207
(20) "Person" means and includes individuals, children, 208
firms, associations, joint ventures, par tnerships, estates, 209
trusts, business trusts, syndicates, fiduciaries, corporations, 210
and all other groups or combinations. 211
(21) "Policy" means a general principle adopted by the 212
members and by which the Authority conducts its internal 213
governance. 214
(22) "Regulation" means the same as "rule" as defined by 215
this act and may be used interchangeably with the word "rule." 216
(23) "Resolution" means a formal, written expression of an 217
action adopted by the members. 218
(24) "Revenues" means rates, fees, grants, recei pts, 219
charges, and other moneys acquired through all sources by the 220
Authority and interest income thereon. 221
(25) "Rule" means each statement of general applicability 222
adopted by the members that implements, interprets, or 223
prescribes law or policy or describ es the procedure or practice 224
requirements of the Authority and includes any form which 225
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imposes any requirement or solicits any information not 226
specifically required by statute or by an existing rule and may 227
be used interchangeably with the word "regulation " or 228
"ordinance." 229
(26) "Special purpose facilities and any portion thereof" 230
means facilities related to or to be used in connection with the 231
airports and other aviation facilities of the Authority and 232
located on lands at or adjacent to the airports and o ther 233
aviation facilities under the control, management, and 234
jurisdiction of the Authority and includes all property, 235
structures, rights, easements, and franchises relating thereto 236
and deemed necessary or convenient therefor. 237
(27) "Standard procedure" mea ns the method and manner 238
established or approved by the Chief Executive Officer or a 239
designee of the Chief Executive Officer that implements policy 240
for the day-to-day management of the Authority's operations. 241
(28) "State government" means the government of the State 242
of Florida, the Governor, and any department, commission, 243
corporation, agency, or other instrumentality thereof. 244
(29) "Surplus fund" means an unrestricted fund established 245
by the Authority into which certain revenues of the Authority 246
may be deposited on a monthly or more frequent basis after 247
payment, or provision for payment, of all current expenses 248
pursuant to its then -applicable budget and after all deposits 249
have been made as required under its indentures, trust 250
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agreements, and other contra cts. 251
(30) "TPA" means Tampa International Airport. 252
Section 4. Creation; purpose. — 253
(1) The Hillsborough County Aviation Authority is created, 254
and the powers granted by this act are declared to be 255
governmental, municipal, or public purposes or functi ons, 256
exercised for public purposes, and are matters of public 257
necessity. Lands and other real and personal property, 258
easements, and privileges acquired and used by the Authority are 259
declared to have been acquired for and used for governmental, 260
municipal, or public purposes or functions and as a matter of 261
public necessity. The Authority is a public body corporate and 262
is an independent special district. 263
(2) The Authority has exclusive jurisdiction, control, 264
supervision, and management over all airports in t he County and 265
each municipality, except any airport owned, controlled, and 266
operated by a private person. Said jurisdiction, control, 267
supervision, and management are in the best interest of the 268
County and each municipality. 269
Section 5. Membership. — 270
(1) The Authority shall consist of five members: one 271
member who is the Mayor of the City of Tampa, ex officio; one 272
member who is a member of and selected by the Board, ex officio; 273
and three members who are appointed by the Governor. No member 274
shall receive any compensation for services as a member. Each 275
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member appointed by the Governor shall be appointed for a term 276
of 4 years. The Board shall appoint one of its members annually 277
at the time of its organizational session who shall serve until 278
its next annual appointment, provided that he or she continues 279
to serve as a county commissioner during that time. Each member 280
shall qualify by taking an oath to faithfully perform the duties 281
of the office, and the oath shall be filed with the Clerk. To be 282
eligible for appointment as a member of the Authority by the 283
Governor, the person appointed must be a resident and citizen of 284
the County and may not be employed by or be an elected official 285
of the County or municipality. Each member may continue to serve 286
until a successor has been commissioned. 287
(2) A majority of the members physically present 288
constitutes a quorum. 289
(3) The Governor has the power to remove any member for 290
good cause. Within 15 days after any vacancy occurs a successor 291
shall be appointed in the same manner a s that member for which a 292
vacancy has occurred and shall serve for the unexpired term of 293
his or her predecessor. 294
Section 6. Powers.— 295
(1) The Authority has the power to and shall: 296
(a) Elect officers as follows: one member as Chairperson, 297
one member as Vice Chairperson, one member as Secretary, one 298
member as Treasurer, and one member as Assistant 299
Secretary/Assistant Treasurer, each of whom shall hold office 300
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until new elections are held. Elections shall be held for all 301
officer positions whenever a new member is appointed to the 302
board by the Governor or whenever an existing member is 303
reappointed to the board by the Governor. 304
(b) Approve, file with the Clerk, and pay any surety bond 305
required of any member and any employee of the Authority. 306
(c) Exclusively control, supervise, and manage all 307
airports in the County and each municipality, except any airport 308
owned, controlled, or operated by a private person. 309
(d) Advertise for sealed bids and other competitive 310
selection processes when and as required by l aw; provided, 311
however, the Authority may reject all bids, proposals, or 312
responses and readvertise or select a single item from any bid, 313
proposal, or response as further provided in this act. 314
(e) Adopt before October 1 an annual budget which has been 315
prepared by the Chief Executive Officer and which must include 316
an estimate of all revenues and anticipated expenditures for the 317
following fiscal year. 318
(f) Require in all bond documents that moneys derived from 319
such bonds be paid to or upon order of the Authority. 320
(g) Have the Authority's finances audited in the same 321
manner as other independent special districts are audited. 322
(2) The Authority has the power to and may: 323
(a) Rely on the provisions of this act, without reference 324
to other laws, in exerci sing its powers. 325
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(b) Establish and maintain such airports in, over, and 326
upon any public waters of this state within the limits of 327
jurisdiction of, or bordering on any municipality, any submerged 328
land under such public waters, and any artificial or reclai med 329
land which, before the artificial making or reclamation thereof, 330
constituted a portion of the submerged land under such public 331
waters. 332
(c) Construct and maintain terminal buildings, landing 333
floats, causeways, roadways, runways, taxiways, bridges for 334
approach to or connecting with the airport, and land floats and 335
breakwaters for the protection of any such airport. 336
(d) Require the Treasurer and other officers or employees 337
of the Authority to execute an adequate surety bond, conditioned 338
upon the faithful performance of the duties of the office or 339
employment and in a penal sum fixed by the Authority. 340
(e) Employ, pay, and provide benefits, which may include a 341
bonus scheme, for personnel, including law enforcement officers 342
with full police powers and a Chief Executive Officer, or any 343
similar title given by the members, formerly known as the 344
Executive Director, who shall establish positions, duties, and a 345
pay plan, which may include a bonus scheme, for and promote, 346
discipline, and terminate personnel; be responsible for the day -347
to-day administration, management, and operation of the 348
Authority in accordance with policy established by the members; 349
and perform other duties as may be authorized by the members. 350
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(f) By policy or resolution, authorize the Chief Executive 351
Officer to perform any of the powers of the Authority in whole 352
or in part and with whatever other limitations it may find 353
appropriate, provided that said authorization does not result in 354
an invalid exercise of delegated legislative authority as 355
defined in general law. 356
(g) Employ or contract with technical and professional 357
experts including, but not limited to, lobbyists necessary to 358
assist the Authority in carrying out or exercising any powers 359
granted by this act. 360
(h) Reimburse for all travel expenses incurred while on 361
business for the Authority, upon requisition, any member, its 362
attorneys, the Chief Executive Officer, and any employee, agent, 363
or contractor of the Authority traveling under the direction of 364
the Chief Executive Officer or the Ch ief Executive Officer's 365
designee in accordance with the Authority's policies. 366
(i) Create, appoint, and prescribe the duties of any 367
committee. 368
(j) Sue and be sued. 369
(k) Adopt, use, and alter a corporate seal. 370
(l) Publish advertisements. 371
(m) Waive advertisement when the Chief Executive Officer 372
determines an emergency exists and purchases must be immediately 373
made by the Authority. 374
(n) Negotiate and enter into contracts, agreements, 375
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exclusive or limited agreements, and cooperation agreements of 376
any kind necessary for the Authority to fulfill the purposes of 377
this act. 378
(o) Include contract specifications ensuring the 379
employment of persons whose protected group has been 380
underutilized in the past. 381
(p) Enter into exclusive or limited agreements with a 382
single operator or a limited number of operators. The Authority 383
shall grant exclusive or limited agreements to displace business 384
competition by rule or policy whenever the Authority determines, 385
in consideration of the factors set forth below, that any such 386
agreement is necessary to further the purposes of this act. 387
Before entering into any exclusive or limited agreement, the 388
Authority shall, under authority expressly delegated by the 389
state, determine the necessity for such an exclusive or limited 390
agreement to further the policies and objectives stated in this 391
act, which include public safety, public convenience, quality of 392
service, the need to conserve airport space, the need to avoid 393
duplication of services, the impact on the environment or 394
facilities of the airport as an essential commercial and tourist 395
service center, and the need to avoid destructive competition 396
which may impair the quality of airport services to the public, 397
lead to uncertainty, disruption, or instability in the rendering 398
of such services, or detract from the Tampa Bay area and the 399
state's attractiveness as a center of tourism and commerce. In 400
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making its determination, the Authority shall take evidence or 401
make findings of fact and establish such policies it deems 402
necessary. Nothing in this paragraph shall excuse the Authority 403
from complying with applicable state or local requirements for 404
competitive selection process or public hearings which may be 405
required prior to awarding or entering into any contract or 406
other agreement. 407
(q) Provide for the manual or electronic execution of any 408
instrument on behalf of the Authority by the signature of the 409
Chairperson or Vice Chairperson, and attested to by the 410
Secretary or the Assistant Secretary or, if delegated by the 411
members to do so, the Chief Execu tive Officer or any other 412
Authority personnel to whom the Chief Executive Officer has 413
delegated authority, or by their electronic or facsimile 414
signature in accordance with the Uniform Facsimile Signature of 415
Public Officials Act. 416
(r) Purchase, lease, and sell equipment, supplies, and 417
services required for its purposes. 418
(s) Sell, lease, transfer, dispose of, or grant a lesser 419
interest in any of its properties. 420
(t) Dispose of tangible personal property in accordance 421
with chapter 274, Florida Statutes, as may be amended from time 422
to time. 423
(u) Dispose of personal property, derelict or abandoned 424
aircraft, and derelict or abandoned motor vehicles found on 425
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airport premises in accordance with chapter 705, Florida 426
Statutes, as may be amended from time to time. 427
(v) Grant concessions. 428
(w) Advertise, promote, and encourage the use and 429
expansion of facilities under its jurisdiction. 430
(x) Enact airport zoning regulations in accordance with 431
chapter 333, Florida Statutes, as may be amended from time to 432
time, to ensure the safe operation of airports under its 433
jurisdiction; however, any such airport zoning regulations may 434
not affect the zoning use regulations imposed by the County or 435
any municipality. 436
(y) Issue a written permit, before the County or any 437
municipality issues a building permit, that any construction 438
proposed on land affected by airport zoning regulations conforms 439
to airport zoning regulations upon payment of a reasonable 440
permit fee set at the discretion of the Airport Zoning Director. 441
(z) Acquire, own, construct, install, maintain, and 442
operate lands, interest in lands, and Authority facilities by 443
purchase, gift, devise, lease, or any other means, including by 444
eminent domain in accordance with chapters 73 and 74, Florida 445
Statutes, as may be amended fr om time to time. For the purposes 446
of making surveys and examinations relative to any condemnation 447
proceedings, or to investigate compliance with federal, state, 448
or local height zoning regulations, the Authority may lawfully 449
enter upon any land, doing no un necessary damage. The Authority 450
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may take possession of property to be acquired by condemnation 451
at any time after the filing of the petition describing the same 452
in condemnation proceedings as provided in general law. The 453
Authority is not precluded from aban doning the condemnation of 454
any such property in any case where possession has not been 455
taken. 456
(aa) Reimburse the owner of any structure for which the 457
Authority may require removal, relocation, or reconstruction 458
located in, on, under, or across any private property, public 459
street, highway, or other public or private places for the 460
estimated or actual expense of the removal, relocation, or 461
reconstruction. 462
(bb) Supplement and coordinate in design and operation air 463
navigation facilities with those est ablished and operated by the 464
federal and state governments. 465
(cc) Request the County or any municipality to convey to 466
the Authority the fee simple title to any airport or other 467
property owned by the County or any municipality and needed for 468
airport purposes. 469
(dd) Relinquish jurisdiction, control, supervision, and 470
management over any airport or part of any airport which is 471
under its jurisdiction but which is owned by a municipality, 472
county, or other governmental agency, upon determining that any 473
such airport or part of any such airport is no longer required 474
for airport purposes; provided, however, that necessary 475
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authorizations or approvals are received from federal agencies 476
regulating airports. 477
(ee) Expend revenues for the cost of investigating, 478
surveying, planning, acquiring, advertising, establishing, 479
constructing, enlarging, improving, equipping, and erecting 480
Authority facilities by appropriation of revenues or wholly or 481
partly from the proceeds of bonds of the Authority. The term 482
"cost" includes award s in condemnation proceedings, rentals 483
where an acquisition is by lease, and amounts paid to utility 484
companies for relocation of their wires, poles, and other 485
facilities. 486
(ff) Incur expenses as provided in its annual budget and 487
any amended budget. 488
(gg) Assess against and collect from the owner or operator 489
of each airplane using any Authority facility a landing fee or 490
service charge sufficient to cover the cost of the service 491
furnished to airplanes using any such facility, which cost may 492
include the liquidation of bonds or other indebtedness for 493
construction and improvement. 494
(hh) Accept federal, state, and any other public or 495
private moneys, grants, contributions, or loans for the 496
acquisition, construction, enlargement, improvement, 497
maintenance, equipme nt, or operation of Authority facilities, or 498
any other lawful purpose. 499
(ii) Fix, alter, revise, charge, establish, and collect 500
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rates, fees, rentals, and other charges, such as, but not 501
limited to, customer facility charges and transportation 502
facility charges, for the services of Authority facilities at 503
reasonable and uniform rates. 504
(jj) Adopt a resolution as may be required to levy an ad 505
valorem tax and submit it to the Board. 506
(kk) Apply for, hold, and periodically transfer alcoholic 507
beverage licenses as provided by this act. 508
(ll) Adopt and amend rules, regulations, and policies 509
reasonably necessary for the implementation of this act. 510
(mm) By resolution, fix and enforce penalties, including, 511
but not limited to, the imposition of sanctions and fines , for 512
the violation of this act or any rule, regulation, or policy 513
adopted in accordance with this act or in the regulation of the 514
airports under the Authority's control. 515
(nn) Amend the budget after its adoption. 516
(oo) Receive, deposit, secure, and pay out moneys as 517
provided by this act. 518
(pp) Designate one or more depositories which are 519
qualified as public depositories pursuant to section 280.04, 520
Florida Statutes, as may be amended from time to time, and 521
thereafter establish and open an account or acco unts into which 522
revenues collected are to be deposited and from which 523
expenditures may be made. 524
(qq) Establish and deposit into and expend moneys from a 525
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surplus fund by using funds other than those derived from ad 526
valorem taxation, that may remain unexpe nded at the end of the 527
fiscal year and may be set aside in a separate fund and 528
accumulated and expended from year to year solely for the 529
purpose of building and constructing permanent improvements, 530
replacements, alterations, buildings, and other structures , 531
including runways, taxi strips, and aprons. 532
(rr) By resolution, borrow money and issue bonds in the 533
manner and within the limitation, except as otherwise provided 534
in this act, prescribed by general law for the issuance and 535
authorization of bonds; howev er, any bonds issued by the 536
Authority shall be self -liquidating or otherwise payable from 537
revenues of the Authority and shall not be a lien against the 538
general taxing powers of the County or any municipality. 539
(ss) Enter into any deeds of trust, indenture s, or other 540
agreements with any bank or trust company as security for its 541
bonds, and assign and pledge any or all of its revenues. Such 542
deeds of trust, indentures, or other agreements may contain 543
provisions customary in such instruments or as authorized by the 544
Authority. 545
(tt) Secure the payment of bonds or any part thereof by 546
pledging all or any part of its revenues and provide for the 547
security of said bonds and the rights and remedies of the 548
bondholders. 549
(uu) Apply for and hold trademarks or service ma rks. 550
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(vv) Apply to the proper authorities of the United States 551
for the right to establish, operate, and maintain foreign and 552
domestic trade zones within the limits of the airport and 553
establish, operate, and maintain such foreign and domestic trade 554
zones. 555
(ww) Solicit air carriers, shipping lines, intermodal or 556
common carriers, and other businesses and do all things 557
necessary or advisable, including, but not limited to, 558
establishing an air service incentive program, to promote 559
commerce and increase passe nger traffic and freight tonnage 560
through the airports operated by the Authority. 561
(xx) Publicize, advertise, promote and make known to the 562
users, potential users, and public in general the advantages, 563
facilities, resources, products, attractions, and attr ibutes of 564
the activities and projects authorized by this act, including, 565
but not limited to, participating in community organizations 566
supporting trade, travel, or economic development. 567
(yy) Receive sponsorships and provide sponsorships. 568
(zz) Self-insure, enter into risk management programs, or 569
purchase liability insurance for whatever coverage it may choose 570
or any combination thereof. 571
(aaa) Pending the preparation of definitive bonds, issue 572
certificates or temporary bonds to the purchaser of bonds. 573
(bbb) Transact the business of the Authority and exercise 574
all powers necessarily incidental to the exercise of the general 575
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and special powers granted in this act and under any other law. 576
(ccc) Exercise all powers of a local agency granted 577
pursuant to part II of chapter 159, Florida Statutes, as may be 578
amended from time to time, and to a governmental unit granted 579
pursuant to part VII of chapter 159, Florida Statutes, as may be 580
amended from time to time. 581
(ddd) Do all acts and things necessary or convenient for 582
the promotion of its business and the general safety, security, 583
and welfare of the Authority. 584
Section 7. Alcoholic beverage licenses. — 585
(1) Alcoholic beverage licenses, as provided for in 586
section 561.17, Florida Statutes, as may be amen ded from time to 587
time, shall be issued to the Authority or other governmental 588
agency operating TPA or general aviation airports as provided in 589
this section. 590
(a) Each such beverage license shall be issued upon the 591
written or printed application for licens es to conduct such 592
business, made to the Division stating the character of the 593
business to be engaged in, the address of the building wherein 594
the establishment sought to be licensed is or will be located, 595
and the kind of license as defined in chapter 561, Florida 596
Statutes, as may be amended from time to time, which the 597
applicant desires. The application shall be in the name of the 598
Authority or other governmental agency operating TPA or general 599
aviation airports and when issued shall be issued in the name of 600
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such applicant. The applicant shall pay to the Division the 601
license fees for the kind of license that the applicant desires. 602
(b) Each license is renewable as provided by general law. 603
Each beverage license shall be for the term and subject to the 604
same privileges or renewal as provided in sections 561.26 and 605
561.27, Florida Statutes, as may be amended from time to time. 606
(c) Any business operated under any beverage license shall 607
be operated only by a lessee of the restaurants, lounges, or 608
bars in the airport terminal, administration building, or hotels 609
at the airports to whom the license may be transferred. The 610
Authority or governmental agency operating TPA or general 611
aviation airports and each authorized lessee shall make 612
application to the Division for t he transfer of the license to 613
the lessee, and the application shall be approved by the 614
Division if it meets the requirements of law to do so. Upon 615
termination of a lease for any reason, the lessee shall 616
immediately notify the Division to retransfer the bev erage 617
licenses to the Authority or the governmental agency operating 618
TPA or general aviation airports. Upon failure of a lessee to 619
notify the Division, the Authority or the governmental agency 620
operating TPA or general aviation airports shall immediately 621
notify the Division in writing to transfer the license back to 622
the Authority or other governmental agency operating TPA or 623
general aviation airports which may then transfer it to another 624
authorized lessee. Thereafter, the beverage license may be 625
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transferred to any new lessee or the restaurants, lounges, or 626
bars upon the same terms and conditions. Any alcoholic beverage 627
license issued in accordance with this section is the property 628
of the Authority or the governmental agency operating TPA or 629
general aviation airports, subject to transfer as provided by 630
this act. 631
(2) This section does not preclude persons operating on 632
property of the Authority from acquiring an alcoholic beverage 633
license for use on its premises pursuant to general law and the 634
rules of the Division. 635
Section 8. County and municipal powers and 636
responsibilities; private ownership transfers. — 637
(1) Each municipality is empowered to appropriate moneys 638
for acquiring, establishing, constructing, enlarging, improving, 639
maintaining, equipping, or oper ating airports and other air 640
navigation facilities under the provisions of this act, and each 641
municipality is authorized to appropriate and to raise by 642
taxation or otherwise moneys to assist in carrying out the 643
provisions of this act as to airports partly or wholly within 644
the limits of each municipality. 645
(2) It is lawful for any municipality, and full power and 646
authority is hereby conferred upon each municipality, to 647
cooperate and share in the exercise of the powers and 648
authorities conferred upon the Auth ority under the provisions of 649
this act, when mutually agreed upon between any such 650
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municipality and the Authority. 651
(3)(a) The County and each municipality, water control 652
district, road and bridge district, school district, county, 653
city, state, or any oth er political subdivision, board, 654
department, agency, commission, or individual in, or out of, the 655
state are authorized to aid and cooperate with the Authority in 656
carrying out any authorized purpose of the Authority by: 657
1. Entering into cooperation agreem ents with the Authority 658
and providing in any such cooperation agreement for the making 659
of a loan, gift, grant, or contribution to the Authority. 660
2. Granting and conveying to the Authority real or 661
personal property, of any kind or nature, or any interest 662
therein. 663
3. Covenanting in any such cooperation agreement made 664
pursuant to this section to pay all or any part of: 665
a. The costs of operation and maintenance of Authority 666
facilities from moneys derived from ad valorem taxation or from 667
any other available funds of the County or a municipality. 668
b. The principal of and interest on any revenue bonds of 669
the Authority. 670
c. The deposits required to be made into any reserve or 671
other funds established by the Authority, any indenture, deed of 672
trust, or other instrument securing said revenue bonds from any 673
available funds of the County or a municipality other than 674
moneys derived from ad valorem taxes. 675
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(b) Any cooperation agreement may be made and entered into 676
containing details, terms, provisions, and condition s as may be 677
agreed upon. 678
(c) Any cooperation agreement may be made and entered into 679
for the benefit of the holders of any revenue bonds of the 680
Authority as well as the parties thereto and is enforceable in 681
any court of competent jurisdiction by the holde rs of any such 682
revenue bonds or of the coupons appertaining thereto. 683
(4) The County and each municipality are authorized and 684
empowered to convey the fee simple title to any real property 685
needed for airport purposes and owned by either the County or a 686
municipality to the Authority. 687
(5) Before the County or any municipality issues a 688
building permit authorizing building on land affected by airport 689
zoning regulations, it must obtain a written permit from the 690
Authority to certify that the construction confor ms to the 691
regulations required by the airport zoning regulations. 692
(6)(a) Any municipality, the County, or any private owner 693
may, and each is authorized to, sell, lease, lend, grant, or 694
convey to the Authority any interest in real or personal 695
property which may be used by the Authority in the construction, 696
improvement, maintenance, leasing, or operation of Authority 697
facilities. Any municipality, the County, or any other owner is 698
additionally authorized to transfer, assign, and set over to the 699
Authority any contract or contracts which may have been awarded 700
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by said municipality, the County, or said owner for the 701
construction of Authority facilities not begun or, if begun, not 702
completed. 703
(b) Any such action by the County or any municipality must 704
be approved by the governing body of the County or the 705
municipality expressed by resolution or ordinance. 706
(c) Notwithstanding any other provision of law, this 707
section is complete authority for the acquisition by agreement 708
of airports and other aviation facilities an d facilities related 709
thereto and any portion thereof and no other action is required. 710
Section 9. Bonds.— 711
(1) Bonds may be issued to finance one or more or a 712
combination of Authority facilities. Subject to any prior rights 713
of bondholders, proceeds of such bonds may be pledged and used 714
to pay the cost of the acquisition, construction, or improvement 715
of one or more or a combination of Authority facilities or to 716
refund bonds previously issued for such purpose. Revenues of the 717
Authority, regardless of the airport project or other source 718
from which they are derived, may be pledged to pay bonds issued 719
to finance the cost of Authority facilities and to pay refunding 720
bonds and ancillary costs associated with such financings. 721
(2) Except as otherwise provided b y this act, security, 722
payment provisions, contracts, terms, and other attributes of 723
bonds issued by the Authority shall be specified by the 724
Authority by initial or amendatory resolution, trust agreement, 725
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or other bond documentation. 726
(3) The bonds shall b e executed by manual or facsimile 727
signature by the officers the Authority has designated, provided 728
that such bonds bear at least one signature which is manually 729
executed to the extent required by general law. Any coupons 730
attached to the bonds shall bear th e facsimile signature or 731
signatures of the officer or officers designated by the 732
Authority. If any member or officer whose manual or facsimile 733
signature appears on any bond or coupon ceases to be a member or 734
an officer before the delivery of the bonds, suc h signature 735
shall be valid and sufficient for all purposes as if that member 736
or officer had remained in office until delivery. The bonds may 737
bear the seal of the Authority affixed, which may be a 738
facsimile, as provided by resolution. 739
(4) Bonds may be sol d either at public or private sale at 740
such price or prices determined by the Authority. 741
(5) Any bonds issued pursuant to this act are negotiable 742
instruments and investment securities under chapter 678, Florida 743
Statutes, as may be amended from time to time. 744
(6) The pledge by the Authority of its revenues to the 745
payment of its bonds by the terms of a resolution or through any 746
deed of trust, indenture, or other agreement creates a valid and 747
binding lien thereon and a prior perfected security interest 748
therein from the time the pledge is made. Any revenues so 749
pledged are immediately subject to a lien of such pledge without 750
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any physical delivery thereof or further act, and the lien of 751
any such pledge shall be valid and binding against all parties 752
having claims of any kind against the Authority, irrespective of 753
whether such parties have notice thereof. No resolution, deed of 754
trust, indenture, or other agreement by which a pledge is 755
created need be filed or recorded, except in the records of the 756
Authority, and notice is not required to be given to any obligor 757
of such revenues. No filings under the Florida Uniform 758
Commercial Code are required in order to perfect any pledge 759
granted. 760
(7) No approval of the qualified electors or qualified 761
freeholders of the state or of the County may be required for 762
the issuance of any bonds by the Authority unless such approval 763
is required by the provisions of the Constitution of the State 764
of Florida. 765
(8) Notwithstanding any other provision of law, bonds 766
issued by the Authority are legal investments for banks, savings 767
banks, trustees, executors, all other fiduciaries, and all 768
state, municipal, and other public funds. Any such bonds are 769
securities eligible for deposit for the securing of all state, 770
municipal, and other public fun ds. 771
Section 10. Bondholder rights and remedies. — 772
(1) Unless otherwise provided in any instrument pursuant 773
to which such bonds were issued, the Authority may not do 774
anything that will impair the security of the bondholders of the 775
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Authority or violate any agreement with them for their benefit. 776
(2)(a) In addition to any other rights and remedies 777
lawfully granted to bondholders in law, unless otherwise 778
provided in any instrument pursuant to which such bonds were 779
issued, holders of 25 percent or such oth er percentage as may be 780
specified in any deed of trust, indenture, or other agreement 781
under which the bonds were issued in the aggregate principal 782
amount of the bonds then outstanding are entitled to appoint a 783
trustee, upon notice as provided in this act a nd for the purpose 784
provided in this act, if the Authority defaults in the payment 785
of principal or interest for a period of 30 days after either 786
becomes due, whether at maturity or upon call for redemption, or 787
if the Authority fails to comply with the provi sions of this 788
act, its resolution or resolutions, or the requirements of any 789
deed of trust, indenture, or other agreement under which the 790
bonds were issued. Any such bondholders must first give written 791
notice of their intention to appoint a trustee to the Authority 792
by certified United States mail addressed to the chairperson of 793
the Authority at the principal office of the Authority and to 794
the holders of all other bonds then outstanding at their 795
addresses shown on the registration books maintained by the 796
Authority or the bond registrar. For purposes of this paragraph, 797
any trustee appointed to serve in that capacity pursuant to a 798
deed of trust, trust agreement, indenture, or other document by 799
which bonds of the Authority have been issued is deemed to have 800
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been selected by the holders of bonds issued under that 801
instrument. If more than one trustee is designated, either by 802
two or more written instruments or pursuant to the provisions of 803
this paragraph, the group of bondholders owning the highest 804
percentage of bonds outstanding has the right to designate the 805
single trustee to serve in that capacity for purposes of this 806
act. 807
(b) Unless otherwise provided in any instrument pursuant 808
to which such bonds were issued, any trustee, whether appointed 809
by bondholders in ac cordance with the provisions of this act or 810
in accordance with the terms of any deed of trust, indenture, or 811
other agreement, may, upon written request of the holders of 25 812
percent or such other percentage as may be specified in any deed 813
of trust, indenture, or other agreement under which the bonds 814
were issued in the aggregate principal amount of the bonds then 815
outstanding may, in any court of competent jurisdiction, in his, 816
her, or its own name: 817
1. By mandamus or other suit, action, or proceeding at law 818
or in equity, enforce all rights of the bondholders, including 819
the right to require the Authority to fix, establish, maintain, 820
collect, and charge rates, fees, rentals, and other charges 821
adequate to carry out any agreement as to, or pledge of, the 822
revenues of the Authority, and to require the Authority to carry 823
out any other agreements with or for the benefit of the 824
bondholders, and to perform its and their duties under this act. 825
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2. Bring suit upon the bonds. 826
3. By action or suit in equity, require the Authority to 827
account as if it were the trustee of an express trust for the 828
bondholders. 829
4. By action or suit in equity, enjoin any acts or things 830
which may be unlawful or in violation of the rights of the 831
bondholders. 832
5. By written notice given in the same manner as provided 833
by this act to the Authority declare all bonds due and payable 834
and, if all defaults are made good and with the consent of the 835
holders of 25 percent or such other percentage as may be 836
specified in any deed of trust, indenture, or oth er agreement 837
under which the bonds were issued in the aggregate principal 838
amount of the bonds then outstanding, annul such declaration and 839
its consequences. 840
(3) Unless otherwise provided in any instrument pursuant 841
to which such bonds were issued, if a de fault continues for more 842
than 60 days after written notice to the Authority, any trustee 843
when appointed as aforesaid, or acting under a deed of trust, 844
indenture, or other agreement, and whether or not all bonds have 845
been declared due and payable, upon the happening of any of the 846
events of default specified in this section, shall be entitled 847
as of right to appoint a receiver. The receiver may enter and 848
take possession of any of the Authority facilities for which the 849
Authority is in default as provided herein , or any part or parts 850
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thereof and the revenues which are or may be applicable to the 851
payment of the bonds in default and operate and maintain the 852
same, for and on behalf of and in the name of the Authority and 853
the bondholders. The receiver shall collect r evenues in the same 854
manner as the Authority might, and shall use and apply such 855
funds in accordance with the applicable bond documents or, if 856
not so specified into a separate account, as directed by the 857
court. 858
(4) Unless otherwise provided in any instrum ent pursuant 859
to which such bonds were issued, nothing in this section or any 860
other section of this act authorizes any receiver appointed to 861
sell, assign, mortgage, or otherwise dispose of any assets of 862
the Authority. The powers of such receiver are limited to the 863
operation and maintenance of the Authority facilities as the 864
court may direct, in the name of and for and on behalf of the 865
Authority and the bondholders. No holder of bonds or any court 866
or any trustee is empowered by this act to sell, assign, 867
mortgage, or otherwise dispose of any assets of whatever kind or 868
character belonging to the Authority. 869
Section 11. Award of contracts. — 870
(1)(a) All Authority purchases of construction, 871
improvements, repairs, equipment, supplies, materials, services, 872
or work of any nature, where the entire cost or value exceeds 873
$100,000, shall be done only under contract or contracts 874
approved and awarded by the Authority utilizing a competitive 875
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selection process with a responsive, qualified, and responsible 876
bidder, respondent, or proposer, upon proper terms, after 877
advertisement or notice has been given asking for competitive 878
bids, responses, or proposals, provided that the Authority may 879
reject any and all bids, responses, or proposals. 880
(b) These requirements do not apply to : 881
1. Purchases made pursuant to the Consultants' Competitive 882
Negotiation Act; 883
2. Purchases of required equipment, supplies, materials, 884
or services that are highly specialized or proprietary, or when 885
no other authorized vendor can supply the required eq uipment, 886
supplies, materials, or services; 887
3. Purchases of equipment, supplies, materials, or 888
services utilizing the Authority standardization program or the 889
owner's direct purchase program, or utilizing proof of concepts, 890
to evaluate viability of produc ts before purchase; 891
4. Purchases of unique equipment, supplies, materials, or 892
services supporting law enforcement and aircraft rescue and 893
firefighting; 894
5. Purchases of unique equipment, supplies, materials or 895
services, including, but not limited to, su bscriptions, dues, 896
memberships, sponsorships, trainings, advertisings, and 897
entertainers; 898
6. Purchases of equipment, supplies, materials, or 899
services through a contract issued by a federal, state, or local 900
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government if such contract was procured using a full and open 901
competitive process; 902
7. Emergency purchases necessary to mitigate a situation 903
which threatens the safety of employees or passengers, the 904
operation of the airport, or loss of airport property; 905
8. Certain recurring, mandatory, day -to-day expenditures 906
such as utilities, government fees, and taxes; 907
9. Work performed by employees of the Authority; 908
10. Labor supplied by the federal, state, or local 909
government; 910
11. Contracts or establishment and compliance with rules 911
concerning labor and ma terials and other related matters in 912
connection with any project, or portion thereof, as the 913
Authority may deem desirable or as may be requested by the 914
federal or state government assisting in the financing of 915
Authority facilities; 916
12. Any situation in which the Authority has taken over by 917
transfer or assignment any contract authorized to be assigned to 918
it under the provisions relating to the transfer of existing 919
facilities to the Authority as provided by this act; 920
13. Any contract in connection with t he construction of 921
Authority facilities which the Authority has had transferred to 922
it; and 923
14. Any contract or agreement between the Authority and 924
any engineers, architects, attorneys, agents, or other 925
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professional services. 926
(c) Any contract subject to section 255.05, Florida 927
Statutes, as may be amended from time to time, in excess of 928
$50,000 shall not be entered into for construction, improvement, 929
or repair of Authority facilities unless the contractor has 930
sufficient surety or sureties, approved by the Authority, and in 931
an amount fixed by the Authority, for the faithful performance 932
of the contract. Any such contract shall include provisions that 933
the person entering into the contract with the Authority will 934
pay for all materials furnished and services re ndered for the 935
performance of the contract and may maintain an action to 936
recover for the same against the obligor in the undertaking, as 937
though such person was named therein, provided the action is 938
brought within 1 year after the time the cause of action 939
accrued. Nothing in this section shall be construed to limit the 940
power of the Authority to construct, repair, or improve 941
Authority facilities or any addition, betterment, or extension 942
thereto, directly by the officers, agents, and employees of the 943
Authority, or otherwise than by contract. 944
(2) The Authority may use, as an alternative, the 945
provisions of section 255.20, Florida Statutes, as may be 946
amended from time to time, to satisfy the competitive 947
procurement requirements of this section. 948
Section 12. Legal effects.—Any acquisition of property or 949
rights therein for Authority facilities, or for airport 950
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protection privileges, including the conveyance and acceptance 951
thereof, and any bonds issued and sold up to and including the 952
effective date of this act ar e validated. 953
Section 13. Ad valorem tax. —When the Authority prepares 954
its annual budget and finds it necessary to levy an ad valorem 955
tax, it shall adopt a resolution determining the estimated 956
amounts to be expended by the Authority in the ensuing fiscal 957
year, exclusive of the proceeds of any bonds or other 958
obligations of the Authority, for acquiring, establishing, 959
constructing, enlarging, operating, and maintaining Authority 960
facilities or for any other corporate purpose of the Authority, 961
and request the Board to levy the tax, not to exceed 1.5 mills 962
per annum, on all the taxable real and personal property in the 963
County for the exclusive use of the Authority and for the 964
purposes provided in this section. The Authority shall submit a 965
certified copy of any s uch resolution to the Board at the same 966
time it submits its annual budget to the Clerk. The Board has no 967
right or authority to alter either the amount of the levy 968
request or the use of its proceeds or to in any way alter the 969
budget of the Authority. The Bo ard shall authorize the levy 970
requested. The tax collector of the County shall collect and 971
promptly pay over to the Authority the proceeds of such tax. 972
Section 14. Prohibition on the use of the taxing power of 973
the state.—The Authority has no power to pl edge the taxing power 974
of the state, or any political subdivision or agency thereof, 975
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nor shall any of the obligations issued by the Authority be 976
deemed to be obligations of the state, or any political 977
subdivision or agency thereof, secured by and payable fr om the 978
ad valorem taxes thereof. The state, or any political 979
subdivision or agency thereof, is not liable for the payment of 980
principal of or interest on such obligations, except from the 981
special funds provided for in this act. 982
Section 15. Covenant of t he state.—The state pledges and 983
agrees with the Federal Government and any person acquiring any 984
bonds issued by the Authority for the construction, extension, 985
improvement, or enlargement of Authority facilities that the 986
state will not limit or alter the ri ghts vested in the Authority 987
until all bonds at any time issued, together with the interest 988
thereon, are fully paid and discharged. The state further 989
pledges and agrees with the Federal Government that if the 990
Federal Government contributes any funds for th e construction, 991
extension, improvement, or enlargement of Authority facilities 992
the state will not alter or limit the rights and powers of the 993
Authority in any manner which would be inconsistent with the 994
continued maintenance, operation, or the improvement of 995
Authority facilities or which would be inconsistent with the due 996
performance of any agreements between the Authority and the 997
Federal Government. The Authority shall continue to have and may 998
exercise all powers granted in this act, so long as the same ar e 999
necessary or desirable for the carrying out of the purposes of 1000
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this act and the purposes of the Federal Government in the 1001
construction, improvement, maintenance, or enlargement of 1002
Authority facilities. 1003
Section 16. Exemption from taxation. —Any property owned or 1004
otherwise acquired by the Authority is exempt from taxation to 1005
the same extent as other property used for public or 1006
governmental purposes or functions. The effectuation of the 1007
authorized purposes of the Authority shall and will be, in all 1008
respects, for the benefit of the people of the state and the 1009
County for the increase of their commerce and prosperity, and 1010
for the improvement of their safety, security, welfare, health, 1011
and living conditions and, since the Authority will be 1012
performing essential governmental, municipal, or public purposes 1013
or functions in effectuating such purposes, the Authority is not 1014
required to pay any taxes or assessments of any kind or nature 1015
whatsoever upon any property required or used by it for such 1016
purposes, or any rates , fees, rentals, receipts, or incomes at 1017
any time received by it, and the bonds issued by the Authority, 1018
their transfer and the income therefrom, including any profits 1019
made in the sale thereof, and any security instruments or 1020
agreements securing the repaym ent thereof, are free from 1021
taxation of any kind by the state or any political subdivision 1022
or taxing agency or instrumentality thereof. 1023
Section 17. Discrimination prohibited. — 1024
(1)(a) The Authority and its lessees, including successors 1025
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in interest, shall not because of race, color, sex, religion, 1026
national origin, age, disability, or marital status of any 1027
individual refuse to hire, employ, bar, or discharge from 1028
employment such individual or otherwise discriminate against 1029
such individual with respect to compensation, hire, tenure, 1030
terms, conditions, or privileges of employment. 1031
(b) No person on the grounds of race, color, sex, 1032
religion, national origin, age, disability, or marital status 1033
shall be excluded from the participation in, denied the benefits 1034
of, or otherwise subjected to discrimination in the use of 1035
leased premises of the Authority. 1036
(c) In furnishing services or materials, or in the 1037
construction of any improvements, no person shall be excluded 1038
from participation in, denied the benefits of, or otherwise 1039
subjected to discrimination with respect thereto. 1040
(2) There is no right to apply to the court for relief on 1041
account of any order, requirement, decision, determination, or 1042
action of the Authority pursuant to this section unless there 1043
has been an appeal to the Authority. 1044
Section 18. Recodification. —Prior to October 1, 2032, and 1045
every 10 years thereafter, The Hillsborough County Legislative 1046
Delegation shall review this chapter, and all acts which amend 1047
or otherwise modify this chapter, for the purpose of determining 1048
whether there is a need for recodification of same. If it is 1049
determined that there is such a need, the legislative delegation 1050
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may require the Authority to accomplish same, and to prepare or 1051
cause to be prepared such legislation as m ay be necessary for 1052
such purpose by preparing such legislation. 1053
Section 19. Grammatical usage. —The singular includes the 1054
plural and vice versa, and gender -specific language includes the 1055
other gender and neuter. 1056
Section 20. Severability. —The provisions of this act are 1057
severable, and if any of the provisions hereof shall be held to 1058
be unconstitutional or invalid, such determination shall not 1059
affect the constitutionality or validity of any of the remaining 1060
provisions of this act. 1061
Section 4. Chapters 2012-234 and 2014-250, Laws of 1062
Florida, are repealed. Such repeal does not affect the 1063
prosecution of any cause of action that accrued before the 1064
effective date of the repeal and does not affect rules, 1065
regulations, policies, actions, and decisions, contra cts, 1066
agreements, obligations, and properties of the Authority 1067
existing prior to the effective date of this act. Nothing in 1068
this act is intended, nor shall any provision hereof be 1069
construed so as to repeal, abrogate, impair, or adversely affect 1070
the rights and remedies of the holders of any obligations of the 1071
Authority issued pursuant to the existing acts or any other 1072
applicable provision of law. 1073
Section 5. This act shall take effect October 1, 2022. 1074