Florida 2022 Regular Session

Florida House Bill H1427 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		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
11	11
12		-	1
	12	+	A bill to be entitled 1
13	13		An act relating to the Hillsborough County Aviation 2
14	14		Authority; codifying, reenacting, and amending the 3
15	15		Authority's special acts; revising definitions; 4
16	16		providing that independent special districts operate 5
17	17		to serve a public purpose; providing that operation of 6
18	18		public airports serve a governmental, municipal, or 7
19	19		public purpose or function and are essential to the 8
20	20		safety, security, and welfare of the people within the 9
21	21		county; providing for advertisement as provided by 10
22	22		law; providing the ability to employ or con tract with 11
23	23		lobbyists; providing for electronic execution of 12
24	24		instruments; authorizing the lease of equipment, 13
25	25		support, and services; providing for imposition of 14
26	26		certain fees; authorizing application for and the 15
27	27		holding of trademarks and service marks, the 16
28	28		solicitation of air carriers, and permitting receiving 17
29	29		and providing sponsorships; providing ability to self -18
30	30		insure, enter into risk management programs, or 19
31	31		purchase liability insurance; revising the list of 20
32	32		governmental entities that the Authority can ente r 21
33	33		into interlocal agreements with and removing maximum 22
34	34		duration on such interlocal agreements; providing 23
35	35		requirements for award of contracts and when such 24
36	36		requirements do not apply; providing for 25
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45	45		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
46	46
47	47		recodification; repealing chapters 2012 -234 and 2014-26
48	48		250, Laws of Florida, relating to the Authority; 27
49	49		providing severability; providing an effective date. 28
50	50		29
51	51		Be It Enacted by the Legislature of the State of Florida: 30
52	52		31
53	53		Section 1. Pursuant to s. 189.019, Florida Statutes, this 32
54	54		act constitutes the codification of all special acts relating to 33
55	55		the Hillsborough County Aviation Authority. It is the intent of 34
56	56		the Legislature in enacting this law to provide a single, 35
57	57		comprehensive special act charter for the Authority, including 36
58	58		all current legislative authority granted to the Authority by 37
59	59		its several legislative enactments and any additional authority 38
60	60		granted by this act. 39
61	61		Section 2. Chapters 2012-234 and 2014-250, Laws of 40
62	62		Florida, relating to the Hillsborough County Aviation Authority, 41
63	63		are codified, reenacted, amend ed, and repealed as provided in 42
64	64		this act. 43
65	65		Section 3. The charter for the Hillsborough County 44
66	66		Aviation Authority is re -created and reenacted to read: 45
67	67		Section 1. Short title. —This act may be cited as the 46
68	68		"Hillsborough County Aviation Authority Act." 47
69	69		Section 2. General provisions. — 48
70	70		(1) It is the intent of the Legislature that this act 49
71	71		supersede chapters 2012 -234 and 2014-250, Laws of Florida, 50
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80	80		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
81	81
82	82		relating to the Hillsborough County Aviation Authority, and is a 51
83	83		codification, a compilation of previousl y existing legislation 52
84	84		relating to the Authority. 53
85	85		(2) The codification is also to act as a reviser's bill, 54
86	86		deleting provisions which have expired, have had their effect, 55
87	87		have served their purpose, or have been impliedly repealed or 56
88	88		superseded; replacing incorrect cross references and citations, 57
89	89		correcting grammatical, typographical, and like errors; removing 58
90	90		inconsistencies and redundancies; and improving clarity and 59
91	91		facilitating correct interpretation. It is the intent of the 60
92	92		Legislature to define freque ntly used terms and to reflect 61
93	93		standard business practices required for an independent special 62
94	94		district to conduct its business which have not been previously 63
95	95		enumerated. 64
96	96		(3) The Authority shall comply with federal law regarding 65
97	97		expenditure of federal mo neys. 66
98	98		(4) This act shall not be construed as impairing or 67
99	99		infringing upon any rights, privileges, or benefits enjoyed by 68
100	100		any employee of the Authority who is so employed on the 69
101	101		effective date of this act. 70
102	102		(5) The members and employees of the Authority shall 71
103	103		comply with part III of chapter 112, Florida Statutes, as may be 72
104	104		amended from time to time. 73
105	105		(6) This act provides an additional, alternative, and 74
106	106		complete method for the exercise of the powers granted and 75
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115	115		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
116	116
117	117		authorized by this act and shall be regarde d as supplemental to 76
118	118		powers conferred by other laws and shall not be regarded as a 77
119	119		derogation of any powers now existing. 78
120	120		(7) The Legislature declares that independent special 79
121	121		districts operate to serve a public purpose and are a legitimate 80
122	122		method available for use by the public sector to manage, own, 81
123	123		operate, construct, and finance basic capital infrastructure, 82
124	124		facilities, and services. 83
125	125		(8) Regarding the airport facilities and concessions, the 84
126	126		Legislature finds and declares: 85
127	127		(a) The proper operation of the publicly owned or operated 86
128	128		airports in the County is essential to the safety, security, and 87
129	129		welfare of the people of the Tampa Bay area, the state, and its 88
130	130		people. 89
131	131		(b) The publicly owned or operated airports in the County 90
132	132		establish a vital transpo rtation link between the state and the 91
133	133		economic systems of the nation and the world and enable the 92
134	134		state to enjoy and provide the benefits of an international 93
135	135		tourist and commercial center. 94
136	136		(c) The economic validity and stability of the publicly 95
137	137		owned or operated airports in the County is a matter of 96
138	138		statewide importance. 97
139	139		(d) The policy of this state is to promote the development 98
140	140		of commerce and tourism to secure to the people of this state 99
141	141		the benefits of those activities conducted in the state. 100
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150	150		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
151	151
152	152		(e) The proper operation of the publicly owned or operated 101
153	153		airports in the County is essential to the safety, security, and 102
154	154		welfare of the state and its people, and the Legislature 103
155	155		recognizes and affirms such operation as a governmental, 104
156	156		municipal, or public f unction to be discharged in furtherance of 105
157	157		the policy of securing the benefits of commerce and tourism for 106
158	158		the state and its people. 107
159	159		(9) The Authority shall manage airport facilities and 108
160	160		grant airport concessions to further the development of commerce 109
161	161		and tourism in or affecting the Tampa Bay area and the state. In 110
162	162		managing its facilities and granting concessions for services to 111
163	163		the public, the Authority shall promote the development of 112
164	164		commerce and tourism by: 113
165	165		(a) Securing a diversity of airport servic es. 114
166	166		(b) Avoiding wasteful duplication of such services. 115
167	167		(c) Securing to the users of airports safe, courteous, and 116
168	168		quality service. 117
169	169		(d) Limiting or prohibiting business competition which is 118
170	170		destructive to the ends of promoting commerce and tourism in the 119
171	171		state. 120
172	172		(e) Allocating limited airport resources to promote such 121
173	173		ends. 122
174	174		(f) Fostering Florida's image as a commercial and tourist 123
175	175		center. 124
176	176		Section 3. Definitions. —As used in this act, unless 125
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185	185		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
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187	187		otherwise specifically defined or unless another intent ion 126
188	188		clearly appears: 127
189	189		(1) "Advertisement" means a notice published at least once 128
190	190		a week for 2 consecutive weeks in at least two newspapers of 129
191	191		general circulation in the County, as defined in general law, as 130
192	192		may be amended from time to time, or as otherwis e provided by 131
193	193		law. 132
194	194		(2) "Air navigation" means the operation or navigation of 133
195	195		aircraft in the air space over the County or upon any airport or 134
196	196		restricted landing area within the County. 135
197	197		(3) "Air navigation facility" means any facility used in, 136
198	198		available for use in, or designed for use in aid of air 137
199	199		navigation, including airports, restricted landing areas, and 138
200	200		any structures, mechanisms, lights, beacons, marks, 139
201	201		communicating systems, or other instrumentalities or devices 140
202	202		used or useful as an aid or consti tuting an advantage or 141
203	203		convenience to the safe taking off, navigation, and landing of 142
204	204		aircraft or the safe and efficient operation or maintenance of 143
205	205		an airport or restricted landing area, and any combination of 144
206	206		any or all of such facilities. 145
207	207		(4) "Airport" means any area of land or water which is 146
208	208		designed for the landing and taking off of aircraft, whether or 147
209	209		not facilities are provided for the shelter, servicing, or 148
210	210		repair of aircraft or for receiving, servicing, and discharging 149
211	211		passengers or cargo, all a ppurtenant areas used or suitable for 150
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220	220		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
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222	222		airport buildings or other airport facilities, easements, and 151
223	223		all appurtenant rights -of-way. 152
224	224		(5) "Airports and other aviation facilities and facilities 153
225	225		related thereto and any portion thereof" means and includes 154
226	226		airports, buildings, structures, terminal buildings, parking 155
227	227		garages and lots, space, hangars, lands, warehouses, shops, 156
228	228		hotels, restaurants, rental car centers, office complexes, 157
229	229		general commercial facilities, gas or service stations, solar 158
230	230		energy facilities, other aviation facilities of any kind or 159
231	231		nature, or any other facilities of any kind or nature related to 160
232	232		or connected with said airports and other aviation facilities 161
233	233		which the Authority is authorized by law to construct, acquire, 162
234	234		own, lease, or operate, together with all fixtures, equipment, 163
235	235		and property, real or personal, tangible or intangible, 164
236	236		necessary, appurtenant, or incidental thereto. 165
237	237		(6) "Airport purposes" means and includes airport, 166
238	238		restricted landing area, aviation, aeronautical, and other a ir 167
239	239		navigation facility purposes. 168
240	240		(7) "Authority" means the Hillsborough County Aviation 169
241	241		Authority. 170
242	242		(8) "Authority facility" means an airport, airports and 171
243	243		other aviation facilities and facilities related thereto and any 172
244	244		portion thereof, air navigation facilities, and special purpose 173
245	245		facilities and any portion thereof. 174
246	246		(9) "Board" means the Board of County Commissioners of 175
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255	255		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
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257	257		Hillsborough County. 176
258	258		(10) "Bond" means and embraces bonds, notes, certificates, 177
259	259		and other financial obligations issued by the Authority for financing 178
260	260		or refinancing purposes and, except where otherwise required by the 179
261	261		context, notes and other instruments executed to evidence obligations 180
262	262		of the Authority for the repayment of borrowed funds. 181
263	263		(11) "Clerk" means Clerk of the Court of Hillsborough 182
264	264		County. 183
265	265		(12) "County" means the County of Hillsborough. 184
266	266		(13) "Division" means the Florida Department of Business 185
267	267		and Professional Regulation, Division of Alcoholic Beverages and 186
268	268		Tobacco or any successor agency. 187
269	269		(14) "Federal" or "Fede ral Government" means the United 188
270	270		States government, the President of the United States, and any 189
271	271		department, corporation, commission, agency, or other 190
272	272		instrumentality thereof. 191
273	273		(15) "Governor" means the Governor of the State of 192
274	274		Florida. 193
275	275		(16) "Instrument" means a formal or legal document in 194
276	276		writing, including, but not limited to, a contract, deed, bond, 195
277	277		lease, or mortgage. 196
278	278		(17) "Members" means the governing body of the Authority, 197
279	279		and the term "member" means one of the individuals constituting 198
280	280		such governing body. 199
281	281		(18) "Municipality" means a municipality created pursuant 200
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290	290		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
291	291
292	292		to general or special law authorized or recognized pursuant to 201
293	293		s. 2 or s. 6, Art. VIII of the State Constitution and located in 202
294	294		the County. 203
295	295		(19) "Officer of the Authority" means a memb er who has 204
296	296		been elected by the other members to serve as the Chairperson, 205
297	297		Vice Chairperson, Secretary, Treasurer, or Assistant 206
298	298		Secretary/Assistant Treasurer. 207
299	299		(20) "Person" means and includes individuals, children, 208
300	300		firms, associations, joint ventures, par tnerships, estates, 209
301	301		trusts, business trusts, syndicates, fiduciaries, corporations, 210
302	302		and all other groups or combinations. 211
303	303		(21) "Policy" means a general principle adopted by the 212
304	304		members and by which the Authority conducts its internal 213
305	305		governance. 214
306	306		(22) "Regulation" means the same as "rule" as defined by 215
307	307		this act and may be used interchangeably with the word "rule." 216
308	308		(23) "Resolution" means a formal, written expression of an 217
309	309		action adopted by the members. 218
310	310		(24) "Revenues" means rates, fees, grants, recei pts, 219
311	311		charges, and other moneys acquired through all sources by the 220
312	312		Authority and interest income thereon. 221
313	313		(25) "Rule" means each statement of general applicability 222
314	314		adopted by the members that implements, interprets, or 223
315	315		prescribes law or policy or describ es the procedure or practice 224
316	316		requirements of the Authority and includes any form which 225
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325	325		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
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327	327		imposes any requirement or solicits any information not 226
328	328		specifically required by statute or by an existing rule and may 227
329	329		be used interchangeably with the word "regulation " or 228
330	330		"ordinance." 229
331	331		(26) "Special purpose facilities and any portion thereof" 230
332	332		means facilities related to or to be used in connection with the 231
333	333		airports and other aviation facilities of the Authority and 232
334	334		located on lands at or adjacent to the airports and o ther 233
335	335		aviation facilities under the control, management, and 234
336	336		jurisdiction of the Authority and includes all property, 235
337	337		structures, rights, easements, and franchises relating thereto 236
338	338		and deemed necessary or convenient therefor. 237
339	339		(27) "Standard procedure" mea ns the method and manner 238
340	340		established or approved by the Chief Executive Officer or a 239
341	341		designee of the Chief Executive Officer that implements policy 240
342	342		for the day-to-day management of the Authority's operations. 241
343	343		(28) "State government" means the government of the State 242
344	344		of Florida, the Governor, and any department, commission, 243
345	345		corporation, agency, or other instrumentality thereof. 244
346	346		(29) "Surplus fund" means an unrestricted fund established 245
347	347		by the Authority into which certain revenues of the Authority 246
348	348		may be deposited on a monthly or more frequent basis after 247
349	349		payment, or provision for payment, of all current expenses 248
350	350		pursuant to its then -applicable budget and after all deposits 249
351	351		have been made as required under its indentures, trust 250
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360	360		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
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362	362		agreements, and other contra cts. 251
363	363		(30) "TPA" means Tampa International Airport. 252
364	364		Section 4. Creation; purpose. — 253
365	365		(1) The Hillsborough County Aviation Authority is created, 254
366	366		and the powers granted by this act are declared to be 255
367	367		governmental, municipal, or public purposes or functi ons, 256
368	368		exercised for public purposes, and are matters of public 257
369	369		necessity. Lands and other real and personal property, 258
370	370		easements, and privileges acquired and used by the Authority are 259
371	371		declared to have been acquired for and used for governmental, 260
372	372		municipal, or public purposes or functions and as a matter of 261
373	373		public necessity. The Authority is a public body corporate and 262
374	374		is an independent special district. 263
375	375		(2) The Authority has exclusive jurisdiction, control, 264
376	376		supervision, and management over all airports in t he County and 265
377	377		each municipality, except any airport owned, controlled, and 266
378	378		operated by a private person. Said jurisdiction, control, 267
379	379		supervision, and management are in the best interest of the 268
380	380		County and each municipality. 269
381	381		Section 5. Membership. — 270
382	382		(1) The Authority shall consist of five members: one 271
383	383		member who is the Mayor of the City of Tampa, ex officio; one 272
384	384		member who is a member of and selected by the Board, ex officio; 273
385	385		and three members who are appointed by the Governor. No member 274
386	386		shall receive any compensation for services as a member. Each 275
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395	395		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
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397	397		member appointed by the Governor shall be appointed for a term 276
398	398		of 4 years. The Board shall appoint one of its members annually 277
399	399		at the time of its organizational session who shall serve until 278
400	400		its next annual appointment, provided that he or she continues 279
401	401		to serve as a county commissioner during that time. Each member 280
402	402		shall qualify by taking an oath to faithfully perform the duties 281
403	403		of the office, and the oath shall be filed with the Clerk. To be 282
404	404		eligible for appointment as a member of the Authority by the 283
405	405		Governor, the person appointed must be a resident and citizen of 284
406	406		the County and may not be employed by or be an elected official 285
407	407		of the County or municipality. Each member may continue to serve 286
408	408		until a successor has been commissioned. 287
409	409		(2) A majority of the members physically present 288
410	410		constitutes a quorum. 289
411	411		(3) The Governor has the power to remove any member for 290
412	412		good cause. Within 15 days after any vacancy occurs a successor 291
413	413		shall be appointed in the same manner a s that member for which a 292
414	414		vacancy has occurred and shall serve for the unexpired term of 293
415	415		his or her predecessor. 294
416	416		Section 6. Powers.— 295
417	417		(1) The Authority has the power to and shall: 296
418	418		(a) Elect officers as follows: one member as Chairperson, 297
419	419		one member as Vice Chairperson, one member as Secretary, one 298
420	420		member as Treasurer, and one member as Assistant 299
421	421		Secretary/Assistant Treasurer, each of whom shall hold office 300
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430	430		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
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432	432		until new elections are held. Elections shall be held for all 301
433	433		officer positions whenever a new member is appointed to the 302
434	434		board by the Governor or whenever an existing member is 303
435	435		reappointed to the board by the Governor. 304
436	436		(b) Approve, file with the Clerk, and pay any surety bond 305
437	437		required of any member and any employee of the Authority. 306
438	438		(c) Exclusively control, supervise, and manage all 307
439	439		airports in the County and each municipality, except any airport 308
440	440		owned, controlled, or operated by a private person. 309
441	441		(d) Advertise for sealed bids and other competitive 310
442	442		selection processes when and as required by l aw; provided, 311
443	443		however, the Authority may reject all bids, proposals, or 312
444	444		responses and readvertise or select a single item from any bid, 313
445	445		proposal, or response as further provided in this act. 314
446	446		(e) Adopt before October 1 an annual budget which has been 315
447	447		prepared by the Chief Executive Officer and which must include 316
448	448		an estimate of all revenues and anticipated expenditures for the 317
449	449		following fiscal year. 318
450	450		(f) Require in all bond documents that moneys derived from 319
451	451		such bonds be paid to or upon order of the Authority. 320
452	452		(g) Have the Authority's finances audited in the same 321
453	453		manner as other independent special districts are audited. 322
454	454		(2) The Authority has the power to and may: 323
455	455		(a) Rely on the provisions of this act, without reference 324
456	456		to other laws, in exerci sing its powers. 325
457		-	~~ENROLLED~~
458		-	CS/HB 1427 2022 ~~Legislature~~
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	458	+	CS/HB 1427 2022
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465	465		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
466	466
467	467		(b) Establish and maintain such airports in, over, and 326
468	468		upon any public waters of this state within the limits of 327
469	469		jurisdiction of, or bordering on any municipality, any submerged 328
470	470		land under such public waters, and any artificial or reclai med 329
471	471		land which, before the artificial making or reclamation thereof, 330
472	472		constituted a portion of the submerged land under such public 331
473	473		waters. 332
474	474		(c) Construct and maintain terminal buildings, landing 333
475	475		floats, causeways, roadways, runways, taxiways, bridges for 334
476	476		approach to or connecting with the airport, and land floats and 335
477	477		breakwaters for the protection of any such airport. 336
478	478		(d) Require the Treasurer and other officers or employees 337
479	479		of the Authority to execute an adequate surety bond, conditioned 338
480	480		upon the faithful performance of the duties of the office or 339
481	481		employment and in a penal sum fixed by the Authority. 340
482	482		(e) Employ, pay, and provide benefits, which may include a 341
483	483		bonus scheme, for personnel, including law enforcement officers 342
484	484		with full police powers and a Chief Executive Officer, or any 343
485	485		similar title given by the members, formerly known as the 344
486	486		Executive Director, who shall establish positions, duties, and a 345
487	487		pay plan, which may include a bonus scheme, for and promote, 346
488	488		discipline, and terminate personnel; be responsible for the day -347
489	489		to-day administration, management, and operation of the 348
490	490		Authority in accordance with policy established by the members; 349
491	491		and perform other duties as may be authorized by the members. 350
492		-	~~ENROLLED~~
493		-	CS/HB 1427 2022 ~~Legislature~~
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495	495
496	496
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500	500		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
501	501
502	502		(f) By policy or resolution, authorize the Chief Executive 351
503	503		Officer to perform any of the powers of the Authority in whole 352
504	504		or in part and with whatever other limitations it may find 353
505	505		appropriate, provided that said authorization does not result in 354
506	506		an invalid exercise of delegated legislative authority as 355
507	507		defined in general law. 356
508	508		(g) Employ or contract with technical and professional 357
509	509		experts including, but not limited to, lobbyists necessary to 358
510	510		assist the Authority in carrying out or exercising any powers 359
511	511		granted by this act. 360
512	512		(h) Reimburse for all travel expenses incurred while on 361
513	513		business for the Authority, upon requisition, any member, its 362
514	514		attorneys, the Chief Executive Officer, and any employee, agent, 363
515	515		or contractor of the Authority traveling under the direction of 364
516	516		the Chief Executive Officer or the Ch ief Executive Officer's 365
517	517		designee in accordance with the Authority's policies. 366
518	518		(i) Create, appoint, and prescribe the duties of any 367
519	519		committee. 368
520	520		(j) Sue and be sued. 369
521	521		(k) Adopt, use, and alter a corporate seal. 370
522	522		(l) Publish advertisements. 371
523	523		(m) Waive advertisement when the Chief Executive Officer 372
524	524		determines an emergency exists and purchases must be immediately 373
525	525		made by the Authority. 374
526	526		(n) Negotiate and enter into contracts, agreements, 375
527		-	~~ENROLLED~~
528		-	CS/HB 1427 2022 ~~Legislature~~
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	528	+	CS/HB 1427 2022
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530	530
531	531
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535	535		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
536	536
537	537		exclusive or limited agreements, and cooperation agreements of 376
538	538		any kind necessary for the Authority to fulfill the purposes of 377
539	539		this act. 378
540	540		(o) Include contract specifications ensuring the 379
541	541		employment of persons whose protected group has been 380
542	542		underutilized in the past. 381
543	543		(p) Enter into exclusive or limited agreements with a 382
544	544		single operator or a limited number of operators. The Authority 383
545	545		shall grant exclusive or limited agreements to displace business 384
546	546		competition by rule or policy whenever the Authority determines, 385
547	547		in consideration of the factors set forth below, that any such 386
548	548		agreement is necessary to further the purposes of this act. 387
549	549		Before entering into any exclusive or limited agreement, the 388
550	550		Authority shall, under authority expressly delegated by the 389
551	551		state, determine the necessity for such an exclusive or limited 390
552	552		agreement to further the policies and objectives stated in this 391
553	553		act, which include public safety, public convenience, quality of 392
554	554		service, the need to conserve airport space, the need to avoid 393
555	555		duplication of services, the impact on the environment or 394
556	556		facilities of the airport as an essential commercial and tourist 395
557	557		service center, and the need to avoid destructive competition 396
558	558		which may impair the quality of airport services to the public, 397
559	559		lead to uncertainty, disruption, or instability in the rendering 398
560	560		of such services, or detract from the Tampa Bay area and the 399
561	561		state's attractiveness as a center of tourism and commerce. In 400
562		-	~~ENROLLED~~
563		-	CS/HB 1427 2022 ~~Legislature~~
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	563	+	CS/HB 1427 2022
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565	565
566	566
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570	570		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
571	571
572	572		making its determination, the Authority shall take evidence or 401
573	573		make findings of fact and establish such policies it deems 402
574	574		necessary. Nothing in this paragraph shall excuse the Authority 403
575	575		from complying with applicable state or local requirements for 404
576	576		competitive selection process or public hearings which may be 405
577	577		required prior to awarding or entering into any contract or 406
578	578		other agreement. 407
579	579		(q) Provide for the manual or electronic execution of any 408
580	580		instrument on behalf of the Authority by the signature of the 409
581	581		Chairperson or Vice Chairperson, and attested to by the 410
582	582		Secretary or the Assistant Secretary or, if delegated by the 411
583	583		members to do so, the Chief Execu tive Officer or any other 412
584	584		Authority personnel to whom the Chief Executive Officer has 413
585	585		delegated authority, or by their electronic or facsimile 414
586	586		signature in accordance with the Uniform Facsimile Signature of 415
587	587		Public Officials Act. 416
588	588		(r) Purchase, lease, and sell equipment, supplies, and 417
589	589		services required for its purposes. 418
590	590		(s) Sell, lease, transfer, dispose of, or grant a lesser 419
591	591		interest in any of its properties. 420
592	592		(t) Dispose of tangible personal property in accordance 421
593	593		with chapter 274, Florida Statutes, as may be amended from time 422
594	594		to time. 423
595	595		(u) Dispose of personal property, derelict or abandoned 424
596	596		aircraft, and derelict or abandoned motor vehicles found on 425
597		-	~~ENROLLED~~
598		-	CS/HB 1427 2022 ~~Legislature~~
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605	605		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
606	606
607	607		airport premises in accordance with chapter 705, Florida 426
608	608		Statutes, as may be amended from time to time. 427
609	609		(v) Grant concessions. 428
610	610		(w) Advertise, promote, and encourage the use and 429
611	611		expansion of facilities under its jurisdiction. 430
612	612		(x) Enact airport zoning regulations in accordance with 431
613	613		chapter 333, Florida Statutes, as may be amended from time to 432
614	614		time, to ensure the safe operation of airports under its 433
615	615		jurisdiction; however, any such airport zoning regulations may 434
616	616		not affect the zoning use regulations imposed by the County or 435
617	617		any municipality. 436
618	618		(y) Issue a written permit, before the County or any 437
619	619		municipality issues a building permit, that any construction 438
620	620		proposed on land affected by airport zoning regulations conforms 439
621	621		to airport zoning regulations upon payment of a reasonable 440
622	622		permit fee set at the discretion of the Airport Zoning Director. 441
623	623		(z) Acquire, own, construct, install, maintain, and 442
624	624		operate lands, interest in lands, and Authority facilities by 443
625	625		purchase, gift, devise, lease, or any other means, including by 444
626	626		eminent domain in accordance with chapters 73 and 74, Florida 445
627	627		Statutes, as may be amended fr om time to time. For the purposes 446
628	628		of making surveys and examinations relative to any condemnation 447
629	629		proceedings, or to investigate compliance with federal, state, 448
630	630		or local height zoning regulations, the Authority may lawfully 449
631	631		enter upon any land, doing no un necessary damage. The Authority 450
632		-	~~ENROLLED~~
633		-	CS/HB 1427 2022 ~~Legislature~~
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	633	+	CS/HB 1427 2022
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635	635
636	636
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640	640		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
641	641
642	642		may take possession of property to be acquired by condemnation 451
643	643		at any time after the filing of the petition describing the same 452
644	644		in condemnation proceedings as provided in general law. The 453
645	645		Authority is not precluded from aban doning the condemnation of 454
646	646		any such property in any case where possession has not been 455
647	647		taken. 456
648	648		(aa) Reimburse the owner of any structure for which the 457
649	649		Authority may require removal, relocation, or reconstruction 458
650	650		located in, on, under, or across any private property, public 459
651	651		street, highway, or other public or private places for the 460
652	652		estimated or actual expense of the removal, relocation, or 461
653	653		reconstruction. 462
654	654		(bb) Supplement and coordinate in design and operation air 463
655	655		navigation facilities with those est ablished and operated by the 464
656	656		federal and state governments. 465
657	657		(cc) Request the County or any municipality to convey to 466
658	658		the Authority the fee simple title to any airport or other 467
659	659		property owned by the County or any municipality and needed for 468
660	660		airport purposes. 469
661	661		(dd) Relinquish jurisdiction, control, supervision, and 470
662	662		management over any airport or part of any airport which is 471
663	663		under its jurisdiction but which is owned by a municipality, 472
664	664		county, or other governmental agency, upon determining that any 473
665	665		such airport or part of any such airport is no longer required 474
666	666		for airport purposes; provided, however, that necessary 475
667		-	~~ENROLLED~~
668		-	CS/HB 1427 2022 ~~Legislature~~
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670	670
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675	675		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
676	676
677	677		authorizations or approvals are received from federal agencies 476
678	678		regulating airports. 477
679	679		(ee) Expend revenues for the cost of investigating, 478
680	680		surveying, planning, acquiring, advertising, establishing, 479
681	681		constructing, enlarging, improving, equipping, and erecting 480
682	682		Authority facilities by appropriation of revenues or wholly or 481
683	683		partly from the proceeds of bonds of the Authority. The term 482
684	684		"cost" includes award s in condemnation proceedings, rentals 483
685	685		where an acquisition is by lease, and amounts paid to utility 484
686	686		companies for relocation of their wires, poles, and other 485
687	687		facilities. 486
688	688		(ff) Incur expenses as provided in its annual budget and 487
689	689		any amended budget. 488
690	690		(gg) Assess against and collect from the owner or operator 489
691	691		of each airplane using any Authority facility a landing fee or 490
692	692		service charge sufficient to cover the cost of the service 491
693	693		furnished to airplanes using any such facility, which cost may 492
694	694		include the liquidation of bonds or other indebtedness for 493
695	695		construction and improvement. 494
696	696		(hh) Accept federal, state, and any other public or 495
697	697		private moneys, grants, contributions, or loans for the 496
698	698		acquisition, construction, enlargement, improvement, 497
699	699		maintenance, equipme nt, or operation of Authority facilities, or 498
700	700		any other lawful purpose. 499
701	701		(ii) Fix, alter, revise, charge, establish, and collect 500
702		-	~~ENROLLED~~
703		-	CS/HB 1427 2022 ~~Legislature~~
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705	705
706	706
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710	710		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
711	711
712	712		rates, fees, rentals, and other charges, such as, but not 501
713	713		limited to, customer facility charges and transportation 502
714	714		facility charges, for the services of Authority facilities at 503
715	715		reasonable and uniform rates. 504
716	716		(jj) Adopt a resolution as may be required to levy an ad 505
717	717		valorem tax and submit it to the Board. 506
718	718		(kk) Apply for, hold, and periodically transfer alcoholic 507
719	719		beverage licenses as provided by this act. 508
720	720		(ll) Adopt and amend rules, regulations, and policies 509
721	721		reasonably necessary for the implementation of this act. 510
722	722		(mm) By resolution, fix and enforce penalties, including, 511
723	723		but not limited to, the imposition of sanctions and fines , for 512
724	724		the violation of this act or any rule, regulation, or policy 513
725	725		adopted in accordance with this act or in the regulation of the 514
726	726		airports under the Authority's control. 515
727	727		(nn) Amend the budget after its adoption. 516
728	728		(oo) Receive, deposit, secure, and pay out moneys as 517
729	729		provided by this act. 518
730	730		(pp) Designate one or more depositories which are 519
731	731		qualified as public depositories pursuant to section 280.04, 520
732	732		Florida Statutes, as may be amended from time to time, and 521
733	733		thereafter establish and open an account or acco unts into which 522
734	734		revenues collected are to be deposited and from which 523
735	735		expenditures may be made. 524
736	736		(qq) Establish and deposit into and expend moneys from a 525
737		-	~~ENROLLED~~
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740	740
741	741
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745	745		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
746	746
747	747		surplus fund by using funds other than those derived from ad 526
748	748		valorem taxation, that may remain unexpe nded at the end of the 527
749	749		fiscal year and may be set aside in a separate fund and 528
750	750		accumulated and expended from year to year solely for the 529
751	751		purpose of building and constructing permanent improvements, 530
752	752		replacements, alterations, buildings, and other structures , 531
753	753		including runways, taxi strips, and aprons. 532
754	754		(rr) By resolution, borrow money and issue bonds in the 533
755	755		manner and within the limitation, except as otherwise provided 534
756	756		in this act, prescribed by general law for the issuance and 535
757	757		authorization of bonds; howev er, any bonds issued by the 536
758	758		Authority shall be self -liquidating or otherwise payable from 537
759	759		revenues of the Authority and shall not be a lien against the 538
760	760		general taxing powers of the County or any municipality. 539
761	761		(ss) Enter into any deeds of trust, indenture s, or other 540
762	762		agreements with any bank or trust company as security for its 541
763	763		bonds, and assign and pledge any or all of its revenues. Such 542
764	764		deeds of trust, indentures, or other agreements may contain 543
765	765		provisions customary in such instruments or as authorized by the 544
766	766		Authority. 545
767	767		(tt) Secure the payment of bonds or any part thereof by 546
768	768		pledging all or any part of its revenues and provide for the 547
769	769		security of said bonds and the rights and remedies of the 548
770	770		bondholders. 549
771	771		(uu) Apply for and hold trademarks or service ma rks. 550
772		-	~~ENROLLED~~
773		-	CS/HB 1427 2022 ~~Legislature~~
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780	780		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
781	781
782	782		(vv) Apply to the proper authorities of the United States 551
783	783		for the right to establish, operate, and maintain foreign and 552
784	784		domestic trade zones within the limits of the airport and 553
785	785		establish, operate, and maintain such foreign and domestic trade 554
786	786		zones. 555
787	787		(ww) Solicit air carriers, shipping lines, intermodal or 556
788	788		common carriers, and other businesses and do all things 557
789	789		necessary or advisable, including, but not limited to, 558
790	790		establishing an air service incentive program, to promote 559
791	791		commerce and increase passe nger traffic and freight tonnage 560
792	792		through the airports operated by the Authority. 561
793	793		(xx) Publicize, advertise, promote and make known to the 562
794	794		users, potential users, and public in general the advantages, 563
795	795		facilities, resources, products, attractions, and attr ibutes of 564
796	796		the activities and projects authorized by this act, including, 565
797	797		but not limited to, participating in community organizations 566
798	798		supporting trade, travel, or economic development. 567
799	799		(yy) Receive sponsorships and provide sponsorships. 568
800	800		(zz) Self-insure, enter into risk management programs, or 569
801	801		purchase liability insurance for whatever coverage it may choose 570
802	802		or any combination thereof. 571
803	803		(aaa) Pending the preparation of definitive bonds, issue 572
804	804		certificates or temporary bonds to the purchaser of bonds. 573
805	805		(bbb) Transact the business of the Authority and exercise 574
806	806		all powers necessarily incidental to the exercise of the general 575
807		-	~~ENROLLED~~
808		-	CS/HB 1427 2022 ~~Legislature~~
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810	810
811	811
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815	815		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
816	816
817	817		and special powers granted in this act and under any other law. 576
818	818		(ccc) Exercise all powers of a local agency granted 577
819	819		pursuant to part II of chapter 159, Florida Statutes, as may be 578
820	820		amended from time to time, and to a governmental unit granted 579
821	821		pursuant to part VII of chapter 159, Florida Statutes, as may be 580
822	822		amended from time to time. 581
823	823		(ddd) Do all acts and things necessary or convenient for 582
824	824		the promotion of its business and the general safety, security, 583
825	825		and welfare of the Authority. 584
826	826		Section 7. Alcoholic beverage licenses. — 585
827	827		(1) Alcoholic beverage licenses, as provided for in 586
828	828		section 561.17, Florida Statutes, as may be amen ded from time to 587
829	829		time, shall be issued to the Authority or other governmental 588
830	830		agency operating TPA or general aviation airports as provided in 589
831	831		this section. 590
832	832		(a) Each such beverage license shall be issued upon the 591
833	833		written or printed application for licens es to conduct such 592
834	834		business, made to the Division stating the character of the 593
835	835		business to be engaged in, the address of the building wherein 594
836	836		the establishment sought to be licensed is or will be located, 595
837	837		and the kind of license as defined in chapter 561, Florida 596
838	838		Statutes, as may be amended from time to time, which the 597
839	839		applicant desires. The application shall be in the name of the 598
840	840		Authority or other governmental agency operating TPA or general 599
841	841		aviation airports and when issued shall be issued in the name of 600
842		-	~~ENROLLED~~
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850	850		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
851	851
852	852		such applicant. The applicant shall pay to the Division the 601
853	853		license fees for the kind of license that the applicant desires. 602
854	854		(b) Each license is renewable as provided by general law. 603
855	855		Each beverage license shall be for the term and subject to the 604
856	856		same privileges or renewal as provided in sections 561.26 and 605
857	857		561.27, Florida Statutes, as may be amended from time to time. 606
858	858		(c) Any business operated under any beverage license shall 607
859	859		be operated only by a lessee of the restaurants, lounges, or 608
860	860		bars in the airport terminal, administration building, or hotels 609
861	861		at the airports to whom the license may be transferred. The 610
862	862		Authority or governmental agency operating TPA or general 611
863	863		aviation airports and each authorized lessee shall make 612
864	864		application to the Division for t he transfer of the license to 613
865	865		the lessee, and the application shall be approved by the 614
866	866		Division if it meets the requirements of law to do so. Upon 615
867	867		termination of a lease for any reason, the lessee shall 616
868	868		immediately notify the Division to retransfer the bev erage 617
869	869		licenses to the Authority or the governmental agency operating 618
870	870		TPA or general aviation airports. Upon failure of a lessee to 619
871	871		notify the Division, the Authority or the governmental agency 620
872	872		operating TPA or general aviation airports shall immediately 621
873	873		notify the Division in writing to transfer the license back to 622
874	874		the Authority or other governmental agency operating TPA or 623
875	875		general aviation airports which may then transfer it to another 624
876	876		authorized lessee. Thereafter, the beverage license may be 625
877		-	~~ENROLLED~~
878		-	CS/HB 1427 2022 ~~Legislature~~
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	878	+	CS/HB 1427 2022
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880	880
881	881
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885	885		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
886	886
887	887		transferred to any new lessee or the restaurants, lounges, or 626
888	888		bars upon the same terms and conditions. Any alcoholic beverage 627
889	889		license issued in accordance with this section is the property 628
890	890		of the Authority or the governmental agency operating TPA or 629
891	891		general aviation airports, subject to transfer as provided by 630
892	892		this act. 631
893	893		(2) This section does not preclude persons operating on 632
894	894		property of the Authority from acquiring an alcoholic beverage 633
895	895		license for use on its premises pursuant to general law and the 634
896	896		rules of the Division. 635
897	897		Section 8. County and municipal powers and 636
898	898		responsibilities; private ownership transfers. — 637
899	899		(1) Each municipality is empowered to appropriate moneys 638
900	900		for acquiring, establishing, constructing, enlarging, improving, 639
901	901		maintaining, equipping, or oper ating airports and other air 640
902	902		navigation facilities under the provisions of this act, and each 641
903	903		municipality is authorized to appropriate and to raise by 642
904	904		taxation or otherwise moneys to assist in carrying out the 643
905	905		provisions of this act as to airports partly or wholly within 644
906	906		the limits of each municipality. 645
907	907		(2) It is lawful for any municipality, and full power and 646
908	908		authority is hereby conferred upon each municipality, to 647
909	909		cooperate and share in the exercise of the powers and 648
910	910		authorities conferred upon the Auth ority under the provisions of 649
911	911		this act, when mutually agreed upon between any such 650
912		-	~~ENROLLED~~
913		-	CS/HB 1427 2022 ~~Legislature~~
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915	915
916	916
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920	920		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
921	921
922	922		municipality and the Authority. 651
923	923		(3)(a) The County and each municipality, water control 652
924	924		district, road and bridge district, school district, county, 653
925	925		city, state, or any oth er political subdivision, board, 654
926	926		department, agency, commission, or individual in, or out of, the 655
927	927		state are authorized to aid and cooperate with the Authority in 656
928	928		carrying out any authorized purpose of the Authority by: 657
929	929		1. Entering into cooperation agreem ents with the Authority 658
930	930		and providing in any such cooperation agreement for the making 659
931	931		of a loan, gift, grant, or contribution to the Authority. 660
932	932		2. Granting and conveying to the Authority real or 661
933	933		personal property, of any kind or nature, or any interest 662
934	934		therein. 663
935	935		3. Covenanting in any such cooperation agreement made 664
936	936		pursuant to this section to pay all or any part of: 665
937	937		a. The costs of operation and maintenance of Authority 666
938	938		facilities from moneys derived from ad valorem taxation or from 667
939	939		any other available funds of the County or a municipality. 668
940	940		b. The principal of and interest on any revenue bonds of 669
941	941		the Authority. 670
942	942		c. The deposits required to be made into any reserve or 671
943	943		other funds established by the Authority, any indenture, deed of 672
944	944		trust, or other instrument securing said revenue bonds from any 673
945	945		available funds of the County or a municipality other than 674
946	946		moneys derived from ad valorem taxes. 675
947		-	~~ENROLLED~~
948		-	CS/HB 1427 2022 ~~Legislature~~
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955	955		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
956	956
957	957		(b) Any cooperation agreement may be made and entered into 676
958	958		containing details, terms, provisions, and condition s as may be 677
959	959		agreed upon. 678
960	960		(c) Any cooperation agreement may be made and entered into 679
961	961		for the benefit of the holders of any revenue bonds of the 680
962	962		Authority as well as the parties thereto and is enforceable in 681
963	963		any court of competent jurisdiction by the holde rs of any such 682
964	964		revenue bonds or of the coupons appertaining thereto. 683
965	965		(4) The County and each municipality are authorized and 684
966	966		empowered to convey the fee simple title to any real property 685
967	967		needed for airport purposes and owned by either the County or a 686
968	968		municipality to the Authority. 687
969	969		(5) Before the County or any municipality issues a 688
970	970		building permit authorizing building on land affected by airport 689
971	971		zoning regulations, it must obtain a written permit from the 690
972	972		Authority to certify that the construction confor ms to the 691
973	973		regulations required by the airport zoning regulations. 692
974	974		(6)(a) Any municipality, the County, or any private owner 693
975	975		may, and each is authorized to, sell, lease, lend, grant, or 694
976	976		convey to the Authority any interest in real or personal 695
977	977		property which may be used by the Authority in the construction, 696
978	978		improvement, maintenance, leasing, or operation of Authority 697
979	979		facilities. Any municipality, the County, or any other owner is 698
980	980		additionally authorized to transfer, assign, and set over to the 699
981	981		Authority any contract or contracts which may have been awarded 700
982		-	~~ENROLLED~~
983		-	CS/HB 1427 2022 ~~Legislature~~
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990	990		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
991	991
992	992		by said municipality, the County, or said owner for the 701
993	993		construction of Authority facilities not begun or, if begun, not 702
994	994		completed. 703
995	995		(b) Any such action by the County or any municipality must 704
996	996		be approved by the governing body of the County or the 705
997	997		municipality expressed by resolution or ordinance. 706
998	998		(c) Notwithstanding any other provision of law, this 707
999	999		section is complete authority for the acquisition by agreement 708
1000	1000		of airports and other aviation facilities an d facilities related 709
1001	1001		thereto and any portion thereof and no other action is required. 710
1002	1002		Section 9. Bonds.— 711
1003	1003		(1) Bonds may be issued to finance one or more or a 712
1004	1004		combination of Authority facilities. Subject to any prior rights 713
1005	1005		of bondholders, proceeds of such bonds may be pledged and used 714
1006	1006		to pay the cost of the acquisition, construction, or improvement 715
1007	1007		of one or more or a combination of Authority facilities or to 716
1008	1008		refund bonds previously issued for such purpose. Revenues of the 717
1009	1009		Authority, regardless of the airport project or other source 718
1010	1010		from which they are derived, may be pledged to pay bonds issued 719
1011	1011		to finance the cost of Authority facilities and to pay refunding 720
1012	1012		bonds and ancillary costs associated with such financings. 721
1013	1013		(2) Except as otherwise provided b y this act, security, 722
1014	1014		payment provisions, contracts, terms, and other attributes of 723
1015	1015		bonds issued by the Authority shall be specified by the 724
1016	1016		Authority by initial or amendatory resolution, trust agreement, 725
1017		-	~~ENROLLED~~
1018		-	CS/HB 1427 2022 ~~Legislature~~
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1020	1020
1021	1021
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1025	1025		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
1026	1026
1027	1027		or other bond documentation. 726
1028	1028		(3) The bonds shall b e executed by manual or facsimile 727
1029	1029		signature by the officers the Authority has designated, provided 728
1030	1030		that such bonds bear at least one signature which is manually 729
1031	1031		executed to the extent required by general law. Any coupons 730
1032	1032		attached to the bonds shall bear th e facsimile signature or 731
1033	1033		signatures of the officer or officers designated by the 732
1034	1034		Authority. If any member or officer whose manual or facsimile 733
1035	1035		signature appears on any bond or coupon ceases to be a member or 734
1036	1036		an officer before the delivery of the bonds, suc h signature 735
1037	1037		shall be valid and sufficient for all purposes as if that member 736
1038	1038		or officer had remained in office until delivery. The bonds may 737
1039	1039		bear the seal of the Authority affixed, which may be a 738
1040	1040		facsimile, as provided by resolution. 739
1041	1041		(4) Bonds may be sol d either at public or private sale at 740
1042	1042		such price or prices determined by the Authority. 741
1043	1043		(5) Any bonds issued pursuant to this act are negotiable 742
1044	1044		instruments and investment securities under chapter 678, Florida 743
1045	1045		Statutes, as may be amended from time to time. 744
1046	1046		(6) The pledge by the Authority of its revenues to the 745
1047	1047		payment of its bonds by the terms of a resolution or through any 746
1048	1048		deed of trust, indenture, or other agreement creates a valid and 747
1049	1049		binding lien thereon and a prior perfected security interest 748
1050	1050		therein from the time the pledge is made. Any revenues so 749
1051	1051		pledged are immediately subject to a lien of such pledge without 750
1052		-	~~ENROLLED~~
1053		-	CS/HB 1427 2022 ~~Legislature~~
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1060	1060		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
1061	1061
1062	1062		any physical delivery thereof or further act, and the lien of 751
1063	1063		any such pledge shall be valid and binding against all parties 752
1064	1064		having claims of any kind against the Authority, irrespective of 753
1065	1065		whether such parties have notice thereof. No resolution, deed of 754
1066	1066		trust, indenture, or other agreement by which a pledge is 755
1067	1067		created need be filed or recorded, except in the records of the 756
1068	1068		Authority, and notice is not required to be given to any obligor 757
1069	1069		of such revenues. No filings under the Florida Uniform 758
1070	1070		Commercial Code are required in order to perfect any pledge 759
1071	1071		granted. 760
1072	1072		(7) No approval of the qualified electors or qualified 761
1073	1073		freeholders of the state or of the County may be required for 762
1074	1074		the issuance of any bonds by the Authority unless such approval 763
1075	1075		is required by the provisions of the Constitution of the State 764
1076	1076		of Florida. 765
1077	1077		(8) Notwithstanding any other provision of law, bonds 766
1078	1078		issued by the Authority are legal investments for banks, savings 767
1079	1079		banks, trustees, executors, all other fiduciaries, and all 768
1080	1080		state, municipal, and other public funds. Any such bonds are 769
1081	1081		securities eligible for deposit for the securing of all state, 770
1082	1082		municipal, and other public fun ds. 771
1083	1083		Section 10. Bondholder rights and remedies. — 772
1084	1084		(1) Unless otherwise provided in any instrument pursuant 773
1085	1085		to which such bonds were issued, the Authority may not do 774
1086	1086		anything that will impair the security of the bondholders of the 775
1087		-	~~ENROLLED~~
1088		-	CS/HB 1427 2022 ~~Legislature~~
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1090	1090
1091	1091
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1095	1095		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
1096	1096
1097	1097		Authority or violate any agreement with them for their benefit. 776
1098	1098		(2)(a) In addition to any other rights and remedies 777
1099	1099		lawfully granted to bondholders in law, unless otherwise 778
1100	1100		provided in any instrument pursuant to which such bonds were 779
1101	1101		issued, holders of 25 percent or such oth er percentage as may be 780
1102	1102		specified in any deed of trust, indenture, or other agreement 781
1103	1103		under which the bonds were issued in the aggregate principal 782
1104	1104		amount of the bonds then outstanding are entitled to appoint a 783
1105	1105		trustee, upon notice as provided in this act a nd for the purpose 784
1106	1106		provided in this act, if the Authority defaults in the payment 785
1107	1107		of principal or interest for a period of 30 days after either 786
1108	1108		becomes due, whether at maturity or upon call for redemption, or 787
1109	1109		if the Authority fails to comply with the provi sions of this 788
1110	1110		act, its resolution or resolutions, or the requirements of any 789
1111	1111		deed of trust, indenture, or other agreement under which the 790
1112	1112		bonds were issued. Any such bondholders must first give written 791
1113	1113		notice of their intention to appoint a trustee to the Authority 792
1114	1114		by certified United States mail addressed to the chairperson of 793
1115	1115		the Authority at the principal office of the Authority and to 794
1116	1116		the holders of all other bonds then outstanding at their 795
1117	1117		addresses shown on the registration books maintained by the 796
1118	1118		Authority or the bond registrar. For purposes of this paragraph, 797
1119	1119		any trustee appointed to serve in that capacity pursuant to a 798
1120	1120		deed of trust, trust agreement, indenture, or other document by 799
1121	1121		which bonds of the Authority have been issued is deemed to have 800
1122		-	~~ENROLLED~~
1123		-	CS/HB 1427 2022 ~~Legislature~~
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1125	1125
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1130	1130		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
1131	1131
1132	1132		been selected by the holders of bonds issued under that 801
1133	1133		instrument. If more than one trustee is designated, either by 802
1134	1134		two or more written instruments or pursuant to the provisions of 803
1135	1135		this paragraph, the group of bondholders owning the highest 804
1136	1136		percentage of bonds outstanding has the right to designate the 805
1137	1137		single trustee to serve in that capacity for purposes of this 806
1138	1138		act. 807
1139	1139		(b) Unless otherwise provided in any instrument pursuant 808
1140	1140		to which such bonds were issued, any trustee, whether appointed 809
1141	1141		by bondholders in ac cordance with the provisions of this act or 810
1142	1142		in accordance with the terms of any deed of trust, indenture, or 811
1143	1143		other agreement, may, upon written request of the holders of 25 812
1144	1144		percent or such other percentage as may be specified in any deed 813
1145	1145		of trust, indenture, or other agreement under which the bonds 814
1146	1146		were issued in the aggregate principal amount of the bonds then 815
1147	1147		outstanding may, in any court of competent jurisdiction, in his, 816
1148	1148		her, or its own name: 817
1149	1149		1. By mandamus or other suit, action, or proceeding at law 818
1150	1150		or in equity, enforce all rights of the bondholders, including 819
1151	1151		the right to require the Authority to fix, establish, maintain, 820
1152	1152		collect, and charge rates, fees, rentals, and other charges 821
1153	1153		adequate to carry out any agreement as to, or pledge of, the 822
1154	1154		revenues of the Authority, and to require the Authority to carry 823
1155	1155		out any other agreements with or for the benefit of the 824
1156	1156		bondholders, and to perform its and their duties under this act. 825
1157		-	~~ENROLLED~~
1158		-	CS/HB 1427 2022 ~~Legislature~~
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1160	1160
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1165	1165		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
1166	1166
1167	1167		2. Bring suit upon the bonds. 826
1168	1168		3. By action or suit in equity, require the Authority to 827
1169	1169		account as if it were the trustee of an express trust for the 828
1170	1170		bondholders. 829
1171	1171		4. By action or suit in equity, enjoin any acts or things 830
1172	1172		which may be unlawful or in violation of the rights of the 831
1173	1173		bondholders. 832
1174	1174		5. By written notice given in the same manner as provided 833
1175	1175		by this act to the Authority declare all bonds due and payable 834
1176	1176		and, if all defaults are made good and with the consent of the 835
1177	1177		holders of 25 percent or such other percentage as may be 836
1178	1178		specified in any deed of trust, indenture, or oth er agreement 837
1179	1179		under which the bonds were issued in the aggregate principal 838
1180	1180		amount of the bonds then outstanding, annul such declaration and 839
1181	1181		its consequences. 840
1182	1182		(3) Unless otherwise provided in any instrument pursuant 841
1183	1183		to which such bonds were issued, if a de fault continues for more 842
1184	1184		than 60 days after written notice to the Authority, any trustee 843
1185	1185		when appointed as aforesaid, or acting under a deed of trust, 844
1186	1186		indenture, or other agreement, and whether or not all bonds have 845
1187	1187		been declared due and payable, upon the happening of any of the 846
1188	1188		events of default specified in this section, shall be entitled 847
1189	1189		as of right to appoint a receiver. The receiver may enter and 848
1190	1190		take possession of any of the Authority facilities for which the 849
1191	1191		Authority is in default as provided herein , or any part or parts 850
1192		-	~~ENROLLED~~
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1200	1200		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
1201	1201
1202	1202		thereof and the revenues which are or may be applicable to the 851
1203	1203		payment of the bonds in default and operate and maintain the 852
1204	1204		same, for and on behalf of and in the name of the Authority and 853
1205	1205		the bondholders. The receiver shall collect r evenues in the same 854
1206	1206		manner as the Authority might, and shall use and apply such 855
1207	1207		funds in accordance with the applicable bond documents or, if 856
1208	1208		not so specified into a separate account, as directed by the 857
1209	1209		court. 858
1210	1210		(4) Unless otherwise provided in any instrum ent pursuant 859
1211	1211		to which such bonds were issued, nothing in this section or any 860
1212	1212		other section of this act authorizes any receiver appointed to 861
1213	1213		sell, assign, mortgage, or otherwise dispose of any assets of 862
1214	1214		the Authority. The powers of such receiver are limited to the 863
1215	1215		operation and maintenance of the Authority facilities as the 864
1216	1216		court may direct, in the name of and for and on behalf of the 865
1217	1217		Authority and the bondholders. No holder of bonds or any court 866
1218	1218		or any trustee is empowered by this act to sell, assign, 867
1219	1219		mortgage, or otherwise dispose of any assets of whatever kind or 868
1220	1220		character belonging to the Authority. 869
1221	1221		Section 11. Award of contracts. — 870
1222	1222		(1)(a) All Authority purchases of construction, 871
1223	1223		improvements, repairs, equipment, supplies, materials, services, 872
1224	1224		or work of any nature, where the entire cost or value exceeds 873
1225	1225		$100,000, shall be done only under contract or contracts 874
1226	1226		approved and awarded by the Authority utilizing a competitive 875
1227		-	~~ENROLLED~~
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1235	1235		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
1236	1236
1237	1237		selection process with a responsive, qualified, and responsible 876
1238	1238		bidder, respondent, or proposer, upon proper terms, after 877
1239	1239		advertisement or notice has been given asking for competitive 878
1240	1240		bids, responses, or proposals, provided that the Authority may 879
1241	1241		reject any and all bids, responses, or proposals. 880
1242	1242		(b) These requirements do not apply to : 881
1243	1243		1. Purchases made pursuant to the Consultants' Competitive 882
1244	1244		Negotiation Act; 883
1245	1245		2. Purchases of required equipment, supplies, materials, 884
1246	1246		or services that are highly specialized or proprietary, or when 885
1247	1247		no other authorized vendor can supply the required eq uipment, 886
1248	1248		supplies, materials, or services; 887
1249	1249		3. Purchases of equipment, supplies, materials, or 888
1250	1250		services utilizing the Authority standardization program or the 889
1251	1251		owner's direct purchase program, or utilizing proof of concepts, 890
1252	1252		to evaluate viability of produc ts before purchase; 891
1253	1253		4. Purchases of unique equipment, supplies, materials, or 892
1254	1254		services supporting law enforcement and aircraft rescue and 893
1255	1255		firefighting; 894
1256	1256		5. Purchases of unique equipment, supplies, materials or 895
1257	1257		services, including, but not limited to, su bscriptions, dues, 896
1258	1258		memberships, sponsorships, trainings, advertisings, and 897
1259	1259		entertainers; 898
1260	1260		6. Purchases of equipment, supplies, materials, or 899
1261	1261		services through a contract issued by a federal, state, or local 900
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1270	1270		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
1271	1271
1272	1272		government if such contract was procured using a full and open 901
1273	1273		competitive process; 902
1274	1274		7. Emergency purchases necessary to mitigate a situation 903
1275	1275		which threatens the safety of employees or passengers, the 904
1276	1276		operation of the airport, or loss of airport property; 905
1277	1277		8. Certain recurring, mandatory, day -to-day expenditures 906
1278	1278		such as utilities, government fees, and taxes; 907
1279	1279		9. Work performed by employees of the Authority; 908
1280	1280		10. Labor supplied by the federal, state, or local 909
1281	1281		government; 910
1282	1282		11. Contracts or establishment and compliance with rules 911
1283	1283		concerning labor and ma terials and other related matters in 912
1284	1284		connection with any project, or portion thereof, as the 913
1285	1285		Authority may deem desirable or as may be requested by the 914
1286	1286		federal or state government assisting in the financing of 915
1287	1287		Authority facilities; 916
1288	1288		12. Any situation in which the Authority has taken over by 917
1289	1289		transfer or assignment any contract authorized to be assigned to 918
1290	1290		it under the provisions relating to the transfer of existing 919
1291	1291		facilities to the Authority as provided by this act; 920
1292	1292		13. Any contract in connection with t he construction of 921
1293	1293		Authority facilities which the Authority has had transferred to 922
1294	1294		it; and 923
1295	1295		14. Any contract or agreement between the Authority and 924
1296	1296		any engineers, architects, attorneys, agents, or other 925
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1300	1300
1301	1301
1302	1302		CODING: Words stricken are deletions; words underlined are additions.
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1305	1305		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
1306	1306
1307	1307		professional services. 926
1308	1308		(c) Any contract subject to section 255.05, Florida 927
1309	1309		Statutes, as may be amended from time to time, in excess of 928
1310	1310		$50,000 shall not be entered into for construction, improvement, 929
1311	1311		or repair of Authority facilities unless the contractor has 930
1312	1312		sufficient surety or sureties, approved by the Authority, and in 931
1313	1313		an amount fixed by the Authority, for the faithful performance 932
1314	1314		of the contract. Any such contract shall include provisions that 933
1315	1315		the person entering into the contract with the Authority will 934
1316	1316		pay for all materials furnished and services re ndered for the 935
1317	1317		performance of the contract and may maintain an action to 936
1318	1318		recover for the same against the obligor in the undertaking, as 937
1319	1319		though such person was named therein, provided the action is 938
1320	1320		brought within 1 year after the time the cause of action 939
1321	1321		accrued. Nothing in this section shall be construed to limit the 940
1322	1322		power of the Authority to construct, repair, or improve 941
1323	1323		Authority facilities or any addition, betterment, or extension 942
1324	1324		thereto, directly by the officers, agents, and employees of the 943
1325	1325		Authority, or otherwise than by contract. 944
1326	1326		(2) The Authority may use, as an alternative, the 945
1327	1327		provisions of section 255.20, Florida Statutes, as may be 946
1328	1328		amended from time to time, to satisfy the competitive 947
1329	1329		procurement requirements of this section. 948
1330	1330		Section 12. Legal effects.—Any acquisition of property or 949
1331	1331		rights therein for Authority facilities, or for airport 950
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1340	1340		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
1341	1341
1342	1342		protection privileges, including the conveyance and acceptance 951
1343	1343		thereof, and any bonds issued and sold up to and including the 952
1344	1344		effective date of this act ar e validated. 953
1345	1345		Section 13. Ad valorem tax. —When the Authority prepares 954
1346	1346		its annual budget and finds it necessary to levy an ad valorem 955
1347	1347		tax, it shall adopt a resolution determining the estimated 956
1348	1348		amounts to be expended by the Authority in the ensuing fiscal 957
1349	1349		year, exclusive of the proceeds of any bonds or other 958
1350	1350		obligations of the Authority, for acquiring, establishing, 959
1351	1351		constructing, enlarging, operating, and maintaining Authority 960
1352	1352		facilities or for any other corporate purpose of the Authority, 961
1353	1353		and request the Board to levy the tax, not to exceed 1.5 mills 962
1354	1354		per annum, on all the taxable real and personal property in the 963
1355	1355		County for the exclusive use of the Authority and for the 964
1356	1356		purposes provided in this section. The Authority shall submit a 965
1357	1357		certified copy of any s uch resolution to the Board at the same 966
1358	1358		time it submits its annual budget to the Clerk. The Board has no 967
1359	1359		right or authority to alter either the amount of the levy 968
1360	1360		request or the use of its proceeds or to in any way alter the 969
1361	1361		budget of the Authority. The Bo ard shall authorize the levy 970
1362	1362		requested. The tax collector of the County shall collect and 971
1363	1363		promptly pay over to the Authority the proceeds of such tax. 972
1364	1364		Section 14. Prohibition on the use of the taxing power of 973
1365	1365		the state.—The Authority has no power to pl edge the taxing power 974
1366	1366		of the state, or any political subdivision or agency thereof, 975
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1370	1370
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1375	1375		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
1376	1376
1377	1377		nor shall any of the obligations issued by the Authority be 976
1378	1378		deemed to be obligations of the state, or any political 977
1379	1379		subdivision or agency thereof, secured by and payable fr om the 978
1380	1380		ad valorem taxes thereof. The state, or any political 979
1381	1381		subdivision or agency thereof, is not liable for the payment of 980
1382	1382		principal of or interest on such obligations, except from the 981
1383	1383		special funds provided for in this act. 982
1384	1384		Section 15. Covenant of t he state.—The state pledges and 983
1385	1385		agrees with the Federal Government and any person acquiring any 984
1386	1386		bonds issued by the Authority for the construction, extension, 985
1387	1387		improvement, or enlargement of Authority facilities that the 986
1388	1388		state will not limit or alter the ri ghts vested in the Authority 987
1389	1389		until all bonds at any time issued, together with the interest 988
1390	1390		thereon, are fully paid and discharged. The state further 989
1391	1391		pledges and agrees with the Federal Government that if the 990
1392	1392		Federal Government contributes any funds for th e construction, 991
1393	1393		extension, improvement, or enlargement of Authority facilities 992
1394	1394		the state will not alter or limit the rights and powers of the 993
1395	1395		Authority in any manner which would be inconsistent with the 994
1396	1396		continued maintenance, operation, or the improvement of 995
1397	1397		Authority facilities or which would be inconsistent with the due 996
1398	1398		performance of any agreements between the Authority and the 997
1399	1399		Federal Government. The Authority shall continue to have and may 998
1400	1400		exercise all powers granted in this act, so long as the same ar e 999
1401	1401		necessary or desirable for the carrying out of the purposes of 1000
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1405	1405
1406	1406
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1410	1410		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
1411	1411
1412	1412		this act and the purposes of the Federal Government in the 1001
1413	1413		construction, improvement, maintenance, or enlargement of 1002
1414	1414		Authority facilities. 1003
1415	1415		Section 16. Exemption from taxation. —Any property owned or 1004
1416	1416		otherwise acquired by the Authority is exempt from taxation to 1005
1417	1417		the same extent as other property used for public or 1006
1418	1418		governmental purposes or functions. The effectuation of the 1007
1419	1419		authorized purposes of the Authority shall and will be, in all 1008
1420	1420		respects, for the benefit of the people of the state and the 1009
1421	1421		County for the increase of their commerce and prosperity, and 1010
1422	1422		for the improvement of their safety, security, welfare, health, 1011
1423	1423		and living conditions and, since the Authority will be 1012
1424	1424		performing essential governmental, municipal, or public purposes 1013
1425	1425		or functions in effectuating such purposes, the Authority is not 1014
1426	1426		required to pay any taxes or assessments of any kind or nature 1015
1427	1427		whatsoever upon any property required or used by it for such 1016
1428	1428		purposes, or any rates , fees, rentals, receipts, or incomes at 1017
1429	1429		any time received by it, and the bonds issued by the Authority, 1018
1430	1430		their transfer and the income therefrom, including any profits 1019
1431	1431		made in the sale thereof, and any security instruments or 1020
1432	1432		agreements securing the repaym ent thereof, are free from 1021
1433	1433		taxation of any kind by the state or any political subdivision 1022
1434	1434		or taxing agency or instrumentality thereof. 1023
1435	1435		Section 17. Discrimination prohibited. — 1024
1436	1436		(1)(a) The Authority and its lessees, including successors 1025
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1445	1445		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
1446	1446
1447	1447		in interest, shall not because of race, color, sex, religion, 1026
1448	1448		national origin, age, disability, or marital status of any 1027
1449	1449		individual refuse to hire, employ, bar, or discharge from 1028
1450	1450		employment such individual or otherwise discriminate against 1029
1451	1451		such individual with respect to compensation, hire, tenure, 1030
1452	1452		terms, conditions, or privileges of employment. 1031
1453	1453		(b) No person on the grounds of race, color, sex, 1032
1454	1454		religion, national origin, age, disability, or marital status 1033
1455	1455		shall be excluded from the participation in, denied the benefits 1034
1456	1456		of, or otherwise subjected to discrimination in the use of 1035
1457	1457		leased premises of the Authority. 1036
1458	1458		(c) In furnishing services or materials, or in the 1037
1459	1459		construction of any improvements, no person shall be excluded 1038
1460	1460		from participation in, denied the benefits of, or otherwise 1039
1461	1461		subjected to discrimination with respect thereto. 1040
1462	1462		(2) There is no right to apply to the court for relief on 1041
1463	1463		account of any order, requirement, decision, determination, or 1042
1464	1464		action of the Authority pursuant to this section unless there 1043
1465	1465		has been an appeal to the Authority. 1044
1466	1466		Section 18. Recodification. —Prior to October 1, 2032, and 1045
1467	1467		every 10 years thereafter, The Hillsborough County Legislative 1046
1468	1468		Delegation shall review this chapter, and all acts which amend 1047
1469	1469		or otherwise modify this chapter, for the purpose of determining 1048
1470	1470		whether there is a need for recodification of same. If it is 1049
1471	1471		determined that there is such a need, the legislative delegation 1050
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1475	1475
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1480	1480		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
1481	1481
1482	1482		may require the Authority to accomplish same, and to prepare or 1051
1483	1483		cause to be prepared such legislation as m ay be necessary for 1052
1484	1484		such purpose by preparing such legislation. 1053
1485	1485		Section 19. Grammatical usage. —The singular includes the 1054
1486	1486		plural and vice versa, and gender -specific language includes the 1055
1487	1487		other gender and neuter. 1056
1488	1488		Section 20. Severability. —The provisions of this act are 1057
1489	1489		severable, and if any of the provisions hereof shall be held to 1058
1490	1490		be unconstitutional or invalid, such determination shall not 1059
1491	1491		affect the constitutionality or validity of any of the remaining 1060
1492	1492		provisions of this act. 1061
1493	1493		Section 4. Chapters 2012-234 and 2014-250, Laws of 1062
1494	1494		Florida, are repealed. Such repeal does not affect the 1063
1495	1495		prosecution of any cause of action that accrued before the 1064
1496	1496		effective date of the repeal and does not affect rules, 1065
1497	1497		regulations, policies, actions, and decisions, contra cts, 1066
1498	1498		agreements, obligations, and properties of the Authority 1067
1499	1499		existing prior to the effective date of this act. Nothing in 1068
1500	1500		this act is intended, nor shall any provision hereof be 1069
1501	1501		construed so as to repeal, abrogate, impair, or adversely affect 1070
1502	1502		the rights and remedies of the holders of any obligations of the 1071
1503	1503		Authority issued pursuant to the existing acts or any other 1072
1504	1504		applicable provision of law. 1073
1505	1505		Section 5. This act shall take effect October 1, 2022. 1074