Florida 2022 2022 Regular Session

Florida House Bill H1427 Analysis / Analysis

Filed 02/17/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1427a.SAC 
DATE: 2/17/2022 
 
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) State Affairs Committee  	Leshko Williamson 
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. The bill also makes 
the following revisions to the charter of the Authority:  
 Revises the definitions of the terms “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 are 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 its 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 exceptions to the competitive bidding requirements.  
 
According to the Economic Impact Statement, the bill will a have negligible impact on revenue and costs. 
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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 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 & 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 & 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 ch. 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: h1427a.SAC 	PAGE: 3 
DATE: 2/17/2022 
  
 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 either 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: h1427a.SAC 	PAGE: 4 
DATE: 2/17/2022 
  
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 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 of Hillsborough County (BOCC), 
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 may issue 
bonds
34
 and when necessary, by resolution, request the BOCC to 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 10 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: h1427a.SAC 	PAGE: 5 
DATE: 2/17/2022 
  
 Defines “person” to include individuals, children, firms, associations, joint ventures, 
partnerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or 
combinations. 
 Clarifies that the term “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 are 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 exceptions to the competitive bidding requirements.  
 
According to the Economic Impact Statement, the bill will a have negligible impact on revenue and 
costs. 
 
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.  STORAGE NAME: h1427a.SAC 	PAGE: 6 
DATE: 2/17/2022 
  
II.  NOTICE/REFERENDUM AND OTHER REQUIREMEN TS 
 
A.  NOTICE PUBLISHED?     Yes [x]     No [] 
 
      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.