This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1427.LAV
DATE: 2/3/2022
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL #: CS/HB 1427 Hillsborough County Aviation Authority
SPONSOR(S): Local Administration & Veterans Affairs Subcommittee, McClure
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs
Subcommittee
17 Y, 0 N, As
CS
Leshko Miller
2) Ways & Means Committee
3) State Affairs Committee
SUMMARY ANALYSIS
The Hillsborough County Aviation Authority (Authority) is an independent special district created in 1945 by
special act. The charter was most recently codified in 2012 and amended in 2014. The Authority has exclusive
jurisdiction, control, supervision, and management over all airports in Hillsborough County and each
municipality in the county, except those owned by private parties. The Authority’s airports include Tampa
International Airport and three general aviation airports: Peter O. Knight Airport, Plant City Airport, and Tampa
Executive Airport.
The bill codifies, reenacts, amends, and repeals the special acts relating to the Authority, chs. 2012-234 and
2014-250, Laws of Fla.
The bill also makes the following revisions to the charter of the Authority:
Revises the definitions of “airport,” “airports and other aviation facilities,” “airport purposes,” “bond,” and
“person.”
Changes internal references.
Provides that a majority of members physically present constitutes a quorum for meetings of the board.
Requires that elections for certain positions of board governance will be held whenever an existing
member is re-appointed to the board by the Governor.
Includes specific authority to construct and maintain runways and taxiways and to employ or contract
with lobbyists.
Provides authority for the electronic execution of instruments, to lease equipment, supplies, and
services, and to issue airport zoning permits upon payment of a reasonable permit fee set at the
discretion of the Airport Zoning Director.
Grants authority to make surveys and examinations pertaining to height zoning regulations, to pay for
advertising, collect transportation facility charges, apply for and hold trademarks and/or service marks,
and apply to establish, operate, and maintain foreign and domestic trade zones.
Grants authority to solicit and do all things to promote commerce, including advertising and receiving
sponsorships.
Expands authority to self-insure and make other arrangements to manage risk.
Clarifies the entities authorized to cooperate with the Authority.
Allows for the seal of the Authority on a bond to be a facsimile.
Adds three new requirements to the competitive bidding exceptions.
The bill is not projected to have any significant fiscal impact.
STORAGE NAME: h1427.LAV PAGE: 2
DATE: 2/3/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Special Districts
A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary.
1
Special districts are created by general law, special act,
local ordinance, or by rule of the Governor and Cabinet.
2
The charter of a special district created by
special act may be altered or amended by subsequent special acts.
3
A special district has only those
powers expressly provided by, or reasonably implied from, the authority provided in the district’s
charter.
4
Special districts provide specific municipal services in addition to, or in place of, those
provided by a municipality or county.
5
A “dependent special district” is a special district subject to
significant control by the governing body of a single county or municipality.
6
An “independent special
district” is any district that is not a dependent special district.
7
Formation and Charter of an Independent Special District
With the exception of community development districts,
8
the charter for an independent special district
must include the minimum elements required by ch. 189, F.S.
9
Any special laws or general laws of local
application relating to any special district may not:
Create a special district with a district charter that does not conform to the minimum
requirements in s. 189.031(3), F.S.;
10
Exempt district elections from the requirements of s. 189.04, F.S.;
11
Exempt a district from the requirements for bond referenda in s. 189.042, F.S.;
12
Exempt a district from certain requirements relating to
13
issuing bonds if no referendum is
required,
14
requiring special district reports on public facilities,
15
notice and reports of special
district public meetings,
16
or required reports, budgets, and audits;
17
or
1
See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2
See ss. 189.02(1), 189.031(3), and. 190.005(1), F.S.; See generally s. 189.012(6), F.S.
3
Local Administration and Veterans Affairs Subcommittee, Local Bill Policies and Procedures Manual 2020 – 2022, p. 23,
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&S
ession=2021&DocumentType=General+Publications&FileName=2021-
2022+Local+Bill+Policy+and+Procedures+Manual.pdf (last accessed Jan. 29, 2022).
4
Halifax Hospital Medical Center, supra 547.
5
Local Administration and Veterans Affairs Subcommittee, The Local Gov’t Formation Manual 2020 – 2022, pp. 60-61,
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3117&Sessio
n=2021&DocumentType=General+Publications&FileName=2021 -2022+Local+Government+Formation+Manual.pdf (last
accessed Jan. 29, 2022).
6
S. 189.012(2), F.S. Types of such control include the county or municipality governing body acting as the district
governing body, having the authority to appoint or remove at will district board members, or having final approval authority
over the district’s budget.
7
S. 189.012(3), F.S.
8
S. 189.0311, F.S.; See s. 190.004, F.S. (providing that chapter 190, F.S., governs the functions and powers of independent
community development districts).
9
S. 189.031(1), F.S.; Section 189.031(3), F.S., sets forth the minimum charter requirements for an independent special
district.
10
S. 189.031(2)(a), F.S.
11
S. 189.031(2)(b), F.S.
12
S. 189.031(2)(c), F.S.
13
S.189.031(2)(d), F.S.
14
S. 189.051, F.S.
15
S. 189.08, F.S.
16
S. 189.015, F.S.
17
S. 189.016, F.S. STORAGE NAME: h1427.LAV PAGE: 3
DATE: 2/3/2022
Create a district for which a statement documenting specific required matters is not submitted to
the Legislature.
18
These prohibitions were passed by a three-fifths majority in the House and Senate when ch. 189, F.S.,
originally was adopted.
19
They may be amended or repealed only “by like vote.”
20
Charters of independent special districts must address and include a list of required provisions,
including the purpose of the district, its geographical boundaries, taxing authority, bond authority, and
selection procedures for the members of its governing body.
21
Special districts do not possess “home rule” powers and may impose only those taxes, assessments, or
fees authorized by special or general law. The special act creating an independent special district may
provide for funding from a variety of sources while prohibiting others. For example, ad valorem tax
authority is not mandatory for a special district.
22
Codification
Codification is the process of consolidating multiple special acts comprising a special district’s charter
in one act. After a special district is created, subsequent special acts may amend the district’s charter.
Codification of the multiple acts making up a special district’s charter allows readers to more easily
determine the boundaries and authority of a district.
Any codified act relating to a special district must provide for the repeal of all prior special acts of the
Legislature relating to the district.
23
Reenactment of existing law should not be construed neither as
granting additional authority nor superseding current authority of the district, modifying or amending any
covenants, contracts, or other obligations with respect to bonded indebtedness, or affecting a district’s
ability to levy and collect taxes, assessments, fees, or charges for the purpose of redeeming or
servicing the district’s bonded indebtedness.
24
However, such reenactment maintains exceptions to law
contained in the charter.
18
S. 189.031(2)(e), F.S. (providing that each required statement filed with the Legislature must include the purpose of the
proposed district, the authority of the district, an explanation of why the district is the best alternative, and a resolution or
official statement from the local general-government jurisdiction where the proposed district will be located stating the district
is consistent with approved local planning and the local government does not object to creation of the district).
19
Ch. 89-169, s. 67, Laws of Fla.
20
Art. III, s. 11(a)(21), Fla. Const. (“SECTION 11. Prohibited special laws.— (a) There shall be no special law or general
law of local application pertaining to: … (21) any subject when prohibited by general law passed by a three-fifths vote of the
membership of each house. Such law may be amended or repealed by like vote.”).
21
S. 189.031(3), F.S. (setting forth the minimum charter requirements).
22
Art. VII, s. 9(a), Fla. Const.
23
S. 189.019, F.S.
24
S. 189.019(3), F.S. STORAGE NAME: h1427.LAV PAGE: 4
DATE: 2/3/2022
Hillsborough County Aviation Authority
The Hillsborough County Aviation Authority (Authority) is an independent special district created in
1945 by special act.
25
The charter was most recently codified in 2012
26
and amended in 2014.
27
The
Authority has exclusive jurisdiction, control, supervision, and management over all airports in
Hillsborough County and each municipality in the county, except those owned by private parties.
28
The
Authority’s airports include Tampa International Airport and three general aviation airports: Peter O.
Knight Airport, Plant City Airport, and Tampa Executive Airport.
29
The Authority is governed by a five member board composed of the Mayor of the City of Tampa, sitting
ex officio, one member of the Board of County Commissioners (BOCC) of Hillsborough County,
selected by the BOCC and sitting ex officio, and three members appointed by the Governor for four-
year terms. To be eligible for gubernatorial appointment, a person must be a resident and citizen of the
County and may not be employed by or be an elected official of the county or one of its municipalities.
30
No member receives compensation for services on the Authority board, but may receive reimbursement
for travel expenses.
31
Various fees and charges, including but not limited to landing fees and service charges collected from
owners and operators of airplanes using Authority facilities,
32
customer facility charges, and
transportation facility charges,
33
finance Authority facilities and operations. The Authority also may
issue bonds
34
and, when necessary, by resolution request the BOCC levy ad valorem taxes, not to
exceed 1.5 mills per annum, to benefit the Authority.
35
The Hillsborough County legislative delegation is required to review the special act(s) of the Authority
prior to July 1, 2022 and every ten years thereafter, to determine whether there is a need for
codification. If it is determined that there is such a need, the delegation may require the Authority to
prepare applicable legislation.
36
Effect of Proposed Changes
The bill codifies, reenacts, amends, and repeals the special acts comprising the charter of the
Authority
37
and makes the following revisions to the charter:
Includes easements in the definition of “airport.”
Includes restaurants, rental car centers, office complexes, general commercial facilities, gas/service
stations, and solar energy facilities in the definition of “airports and other aviation facilities and facilities
related thereto and any portion thereof.”
Includes “aviation” and “aeronautical” in the definition for “airport purposes.”
Defines “bond” to include bonds, notes, certificates, and other financial obligations issued by the
Authority for financing and refinancing purposes and, except where otherwise required by the context,
notes and other instruments executed to evidence obligations of the Authority for the repayment of
borrowed funds.
25
Ch. 45-23339, Laws of Fla.
26
Ch. 2012-234, Laws of Fla.
27
Ch. 2014-250, Laws of Fla.
28
Ch. 2012-234, s. 4(2) of s. 3, Laws. of Fla.
29
OpenGov Procurement, Tampa International Airport Landscape Maintenance Services,
https://secure.procurenow.com/portal/tampaairport/projects/13934#:~:text=The%20Authority%20owns%20and%20operat
es%20Tampa%20International%20Airport,origination-
destination%20airport%20serving%20the%20greater%20Tampa%20Bay%20area . (last visited Jan. 29, 2022).
30
Ch. 2012-234, s. 5(1) of s. 3, Laws of Fla.
31
Ch. 2012-234, s. 6(2)(h) of s. 3, Laws of Fla.
32
Ch. 2012-234, s. 6(2)(gg) of s. 3, Laws of Fla.
33
Ch. 2012-234, s. 6(2)(ii) of s. 3, Laws of Fla.
34
Ch. 2012-234, s. 9(1) of s. 3, Laws of Fla.
35
Ch. 2012-234, ss. 6(2)(jj) and 13 of s. 3, Laws of Fla.
36
Ch. 2012-234, s. 18 of s. 3, Laws of Fla.
37
Chs. 2012-234 and 2014-250, Laws of Fla. STORAGE NAME: h1427.LAV PAGE: 5
DATE: 2/3/2022
Defines “person” to include individuals, children, firms, associations, joint ventures, partnerships,
estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
Clarifies that “ordinance” may be used interchangeably with “regulation” and “rule.”
Changes all references to Tampa International Airport from “TIA” to “TPA.”
Provides that a majority of members physically present constitutes a quorum for meetings of the board.
Clarifies that elections for Chairperson, Vice Chairperson, Secretary, Treasurer, and Assistant
Secretary/Assistant Treasurer of the board will be held whenever an existing member is re-appointed to
the board by the Governor.
Includes specific authority to construct and maintain runways and taxiways.
Includes the authority to employ or contract with lobbyists.
Allows for the electronic execution of instruments.
Includes authority to lease equipment, supplies, and services required for Authority purposes.
Includes authority to issue airport zoning permits upon payment of a reasonable permit fee set at the
discretion of the Airport Zoning Director.
Grants authority to make surveys and examinations to investigate compliance with federal, state, or
local height zoning regulations.
Grants authority to expend revenues for advertising.
Allows for the collection of transportation facility charges.
Grants authority to apply for and hold trademarks and/or service marks.
Grants authority to apply to the proper authorities of the United States for the right to establish, operate,
and maintain foreign and domestic trade zones within the limits of the airport and establish, operate,
and maintain such foreign and domestic trade zones.
Grants authority to solicit air carriers, shipping lines, intermodal or common carriers, and other
businesses and do all things necessary or advisable, including but not limited to, establishing an air
service incentive program, to promote commerce and increase passenger traffic and freight tonnage
through the airports operated by the Authority.
Grants authority to publicize, advertise, promote and make known to the users, potential users, and the
general public the advantages, facilities, resources, products, attractions, and attributes of the activities
and projects which the Authority may perform, including but not limited to, participating in community
organizations supporting trade, travel and/or economic development.
Grants authority to receive sponsorship and provide sponsorships.
Grants authority to self-insure, enter into risk management programs, or purchase liability insurance for
whatever coverage the Authority may choose or any combination thereof.
Clarifies that the authorization to aid and cooperate with the Authority also applies to water control
districts, road and bridge districts, school districts, county, cities, state, or any other political subdivision.
Allows for the seal of the Authority on a bond to be a facsimile.
Adds three new requirements to the competitive bidding exceptions.
B. SECTION DIRECTORY:
Section 1: Provides for the codification of all special acts relating to the Hillsborough County
Aviation Authority and provides legislative intent.
Section 2: Provides that chs. 2012-234 and 2014-250, Laws of Fla., are codified, reenacted,
amended, and repealed as provided in the bill.
Section 3: Provides a charter for the Hillsborough County Aviation Authority.
Section 4: Repeals chs. 2012-234 and 2014-250, Laws of Fla.
Section 5: Provides an effective date of October 1, 2022.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [x] No []
STORAGE NAME: h1427.LAV PAGE: 6
DATE: 2/3/2022
IF YES, WHEN? October 13, 2021.
WHERE? The Tampa Bay Times, a daily newspaper publishing in Hillsborough County,
Florida.
B. REFERENDUM(S) REQUIRED? Yes [] No [x]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [x] No []
D. ECONOMIC IMPACT STATEMENT FILED? Yes [x] No []
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 2, 2022, the Local Administration & Veterans Affairs Subcommittee adopted a proposed
committee substitute (PCS) and reported the bill favorably as a committee substitute. The PCS corrects
two technical errors and removes language allowing for electronic appearance at board meetings in
emergency situations.
This analysis is drafted to the committee substitute adopted by the Local Administration & Veterans Affairs
Subcommittee.