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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Boca Raton Airport Authority, 2
Palm Beach County; amending chapter 2004 -468, Laws of 3
Florida; providing boundaries; providing definitions; 4
providing that the authority is an independent special 5
district; providing for title of land to be vested in 6
the authority; providing for a quorum; revising 7
frequency of meetings; providing additional powers and 8
duties; providing an attendance fee for memb ers; 9
providing for budget amendments; requiring the Board 10
of Trustees of the Internal Improvement Trust Fund to 11
transfer title of such land to the authority; revising 12
employment of airport manager; providing that the 13
authority is a political subdivision of the state for 14
sovereign immunity purposes; providing an effective 15
date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 2 of chapter 2004 -468, Laws of Florida, 20
is amended to read: 21
Section 1. Short title. —This act may be cited as the "Boca 22
Raton Airport Authority Act." 23
Section 2. Boundaries – The boundaries of the Boca Raton 24
Airport Authority are as follows: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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A parcel of land lying in a portion of the Southwest 27
one-quarter (S.W. 1/4) of Section 7, Township 47 28
South, Range 43 East, and a portion of the Southeast 29
one-quarter (S.E. 1/4) of Section 12, Township 47 30
South, Range 42 East, and a portion of the Northeast, 31
Northwest and Southwest one -quarters of Section 13, 32
Township 47 South, Range 42 East, of Palm Beach 33
County, Florida, being more particularly described as 34
follows: 35
36
BEGINNING at the point of intersection of the 37
Northeast limited access right -of-way line of I-95 as 38
shown on State Road Department right -of-way map, (Job 39
No. 93220-2411, Sheet 12a, dated 2/15/ 71, revised 40
last, 8/7/72) and the Southerly right -of-way line of 41
Northwest 40th Street (as shown on the aforementioned 42
map) with the West line of said Section 7; thence 43
South 79'44'47" East, along said southerly right -of-44
way line of Northwest 40th Street, a distance of 45
339.10 feet; thence South 84'05'25" East, continuing 46
along aforementioned right -of-way line, a distance of 47
189.77 feet; thence North 87'44'12" East, along said 48
right-of-way line, a distance of 205.53 feet to a 49
point on the arc of a circular c urve to the left, 50
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whose radius point bears north 04'31'04" East, from 51
the last described point; thence Easterly, along said 52
right-of-way line and the arc of said curve, having a 53
radius of 3869.72 feet, a central angle of 09'52'40" 54
for an arc distance of 66 7.14 feet; thence South 55
46'03'10" East, along a line perpendicular to the 56
Northeast Southwest Runway pavement of the Boca Raton 57
Airport, a distance of 487.41 feet; thence South 58
43'56'50" West, along a line parallel with and 300.00 59
feet Southeasterly of, as measured at right angles to, 60
said Northeast Southwest Runway, a distance of 6925.22 61
feet; thence North 46'03'10" West a Distance of 790.31 62
feet to a point on the Easterly right -of-way line of 63
Airport Road as shown on Plat Book 6, Pages 76 & 77 of 64
the Public Records of Palm Beach County, Florida; 65
thence along the aforementioned line, North 14'56'16" 66
East, a distance of 222.13 feet to a point on the arc 67
of a non-tangent curve concave to the Southeast, a 68
radial line of said curve through said point having a 69
bearing of North 73'44'37" West; thence Northerly 70
along the arc of said curve (and said Airport Road 71
right-of-way) to the right, having a central angle of 72
00'09'06" and a radius of 4007.28 feet for an arc 73
distance of 10.61 feet to a point on a non -tangent 74
line; thence South 73'45'19" East, (along the Easterly 75
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line of a 60 foot canal right -of-way as shown on said 76
Plat Book 6, Pages 76 & 77) a distance of 60.00 feet 77
to a point on the arc of a non -tangent curve concave 78
to the Southeast; a radial line of said cu rve through 79
said point having a bearing of North 73'45'19" West; 80
thence Northeasterly along the arc of said curve (and 81
said canal right-of-way line), to the right, having a 82
central angle of 06'09'31" and a radius of 3947.28 83
feet for an arc distance of 424. 28 feet to a point of 84
a compound curve of a tangent curve concave to the 85
Southeast; thence Northeasterly along the arc of said 86
curve (and said canal right -of-way line) to the right, 87
an arc distance of 2055.11 feet (said curve having a 88
radius of 5419.58 fee t and a central angle of 89
21'43'36") to a point of tangency; thence North 90
44'17'32 East, (along said canal right -of-way line) a 91
distance of 76.85 feet; then North 45'42'28" West, a 92
distance of 60.00 feet; thence South 44'17'32" West, a 93
distance of 76.85 fee t; thence North 45'42'28" West, a 94
distance of 99.74 feet to a point on said I -95 right-95
of-way line; thence north 44'17'32" East, along said 96
I-95 right-of-way line, a distance of 3379.17 feet to 97
the point of beginning. 98
99
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Said lands situate within the City o f Boca Raton, Palm 100
Beach County, Florida, and containing 212.14 acres 101
(9,240,799 square feet), more or less. 102
103
Section 3.2. Definitions.—As used in this act: 104
(1) "Airport" means those certain lands described in 105
section 2 located within the territorial limits of the City of 106
Boca Raton, together with such interests (real, personal, 107
tangible, and intangible), necessary for maintenance and 108
operation of an the state-owned land within the territorial 109
limits of the City of Boca Raton now known as the Boca Rat on 110
airport. 111
(2) "Authority" means the Boca Raton Airport Authority. 112
(3) "Board" means the governing body of the authority. 113
(4)(3) "City" means the City of Boca Raton. 114
(5)(4) "City council" means the governing body of the City 115
of Boca Raton. 116
(6)(5) "County" means Palm Beach County. 117
(7)(6) "County commission" means the Board of County 118
Commissioners of Palm Beach County. 119
(8) "Facilities" means airport facilities of all kinds, 120
including, but not limited to, landing fields; runways; 121
taxiways; fuel farms; self-fueling areas; terminals; towers; 122
hangars; all facilities necessary or desirable for the landing, 123
taking off, operating, servicing, repairing, and parking of 124
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aircraft; observation areas; buildings; parking facilities; 125
facilities necessary for t he unloading and handling of 126
passengers and mail (express, and freight); facilities for the 127
accommodation, convenience, and comfort of passengers and 128
pilots, together with related transportation facilities; all 129
areas, buildings, appurtenances, equipment, t angible and 130
intangible property, and machinery, necessary to support federal 131
agencies providing services to the airport, its passengers, and 132
pilots; equipment, improvements, real property, personal 133
property, tangible and intangible property, and machinery 134
necessary for the mitigation of noise, environmental, and other 135
aviation-related impacts; shops; restaurants and catering 136
facilities; and all necessary appurtenances, machinery, and 137
equipment, and all lands, properties, rights, easements, 138
partnerships, intangible property, and franchises relating to 139
the maintenance and operation of the airport and considered 140
necessary or convenient by the authority in connection 141
therewith. Facilities required for the takeoff and landing of 142
aircraft, including, but not limit ed to, landing fields, 143
runways, taxiways, fuel farms, self -fueling areas, terminals, 144
towers, and hangars, as well as facilities necessary or 145
desirable for operating, servicing, repairing, and parking of 146
aircraft, shall be limited to the boundaries of the a uthority, 147
or adjacent thereto. Facilities related to noise mitigation, and 148
facilities that are not required for the takeoff and landing of 149
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aircraft, or the operating, servicing, repairing, and parking of 150
aircraft, but which otherwise support airport operat ions or 151
assist the airport in remaining self -sustaining consistent with 152
its federal grant obligations, may be located within the city 153
limits of the City of Boca Raton, within or without the 154
boundaries of the authority, but are subject to all city 155
ordinances, rules, regulations, and permit requirements. 156
(9)(7) "Project" means and includes the acquisition, 157
improvement, or maintenance of real or personal property within 158
the boundaries of the Boca Raton Airport. 159
Section 4.3. Authority; creation and purpos e.—There is 160
hereby created an independent special district organized under 161
Chapter 189, Florida Statutes, as may be amended from time to 162
time, which is a body politic and corporate and political 163
subdivision of the state, to be known as the Boca Raton Airpo rt 164
Authority. The purpose of the district is to operate the Boca 165
Raton Airport and to exercise such other exercise by the 166
authority of the powers conferred upon it by this act , which 167
shall will be deemed to be for an essential and proper public 168
purpose. 169
Section 5.4. Membership; terms of office; officers; 170
quorum; meetings; removal. — 171
(1) The authority shall consist of seven members. As a 172
condition of eligibility for appointment and to hold office, 173
five members must reside within the municipality, and tw o 174
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members must reside within the Greater Boca Raton Reserve Area, 175
as defined in chapter 67 -1112, Laws of Florida. Of the five 176
municipal residents, three must reside east of the airport, one 177
must reside west of the airport, and one may reside anywhere in 178
the municipality. 179
(2) The county commission shall appoint two members, each 180
of whom must reside within the Greater Boca Raton Reserve Area. 181
The city council shall appoint the five members who must reside 182
within the limits of the municipality as specified i n subsection 183
(1). 184
(3) The term of office for each member shall be 2 years. 185
Each term shall expire on June 1 in the year of expiration of 186
the term. The county members' terms shall expire in odd years 187
and the other members' terms shall expire in even years . 188
(4) A chair, vice chair, and secretary shall be chosen by 189
and from the authority membership. The term of office for the 190
chair, vice chair, and secretary shall be 1 year, and no member 191
shall hold the same office for more than two consecutive terms. 192
(5) A quorum shall consist of four members, but the 193
affirmative vote of not less than four members shall be 194
necessary to take any action except to adjourn. For the purposes 195
of determining a quorum and to the extent permitted by general 196
law, a quorum may incl ude members who attend telephonically or 197
by videographic means. 198
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(6) The authority shall meet r egularly, but no fewer than 199
ten times per calendar year, at least once each month at such 200
times and places within the city as shall be determined by the 201
authority. 202
(7) Any member may be removed by the commission or council 203
which appointed that member, but only for grounds constituting 204
misfeasance, malfeasance, or nonfeasance in office, or upon 205
conviction of any crime. The unexcused failure to attend three 206
consecutive regular meetings of the authority shall be deemed 207
nonfeasance, without limiting the meaning of that term. The 208
board may approve a procedure for determining excused absences, 209
consistent with general law. 210
(8) Vacancies in office shall be filled by t he appropriate 211
appointing entity for the balance of the term. Each appointment 212
to fill a vacancy shall be made from a list of nominees 213
furnished by the entity which nominated the member who held the 214
office. In such cases, the list of nominees shall be file d not 215
later than 30 days after notice of the vacancy has been given to 216
the nominating entity. 217
Section 6.5. Powers and duties.—The authority shall have 218
jurisdiction over the operation and maintenance of and 219
improvements to the Boca Raton Airport. The au thority shall have 220
the following specific powers and duties , all of which shall be 221
exercised in compliance with general law, and shall be 222
consistent with local, state, and federal law and the City and 223
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
County's goals and objectives and, to the extent applic able, 224
consistent with the location of uses set forth in the definition 225
of facilities: 226
(1) To enter into contracts and to sue and be sued in its 227
own name. 228
(2) To acquire all property, real or and personal, 229
tangible or intangible, or any estate or interest therein, upon 230
such terms and conditions as the authority by resolution shall 231
fix and determine property. 232
(3) To solicit business and promote commerce at the 233
airport or any airport facility. 234
(4) To make application for, contract with, receive a nd 235
accept from any federal, state, or local agency, grants and 236
assistance of any kind for, or in aid of, the construction, 237
improvement or operation of any facility and operation of the 238
authority; and to receive and accept contributions from any 239
source of either money, property, labor, or other things of 240
value for any lawful purpose. 241
(5) To select and appoint airport counsel, who shall serve 242
at the pleasure of and be responsible to the Board. 243
(6) To select and appoint agents and consultants, 244
including without limitation, surveyors, contractors, engineers, 245
planners, designers, auditors, and architects, who shall work 246
under the supervision of the airport manager, and to fix their 247
compensation. 248
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(7) To employ and appoint personnel to provide security, 249
fire suppression, and enforcement services. 250
(8) To develop a written investment plan, and to invest 251
and reinvest surplus public funds in the authority's possession 252
and control. 253
(9)(3) Consistent with the regulations of the FAA, to let 254
or lease the airport or any portion of the airport, including 255
the buildings and hangars thereon ; to let or lease any facility 256
within the authority's control; to fix the rate of any lease or 257
sublease of any portion of the airport or facility; , and to 258
grant concessions upon such terms and conditions as it shall 259
deem proper. 260
(10) To make or cause to be made such surveys, 261
investigations, studies, borings, maps, plans, drawings, and 262
estimates of cost and revenues as it may deem necessary; and 263
may prepare and adopt a plan or plans, for the location, 264
construction, and development of any facility. 265
(11)(4) To employ necessary personnel, including an 266
airport manager, whose duties and salaries shall be prescribed 267
by the authority. 268
(12)(5) To accept revenues from the operation of the 269
airport and to accept gifts, grants, and other revenues; but the 270
authority shall not have the power to levy or collect ad valorem 271
taxes. 272
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(13)(6) To prepare and adopt a budget annually, and to 273
amend it during the fiscal year. 274
(14) To adopt by-laws that shall, at a minimum, govern the 275
procedures for the conduct of the authority's meetings. 276
(15) To prepare and adopt annual financial reports, and 277
financial audit reports. 278
(16)(7) To adopt rules for the regulation of its affai rs 279
and the conduct of its business, and rules for the operation of 280
the airport and aircraft, including, but not limited to, safety 281
and noise abatement rules, and to enforce and administer all 282
such rules. 283
(17)(8) To adopt and alter an official seal. 284
(18)(9) To maintain an office within the city. 285
(19)(10) To construct; acquire through purchase and sale, 286
lease, grant, gift, devise, exchange, or transfer of any kind; , 287
reconstruct, improve, equip, repair, maintain, establish, 288
extend, alter, expand, develop , and operate any facility the 289
airport and such buildings, structures, roads, alleyways, and 290
any other development of land as the authority shall determine 291
to be necessary and proper in the performance of the duties and 292
purposes of this act, within the bou ndaries of the airport . 293
(20) To borrow money, incur debt, and issue bonds, notes 294
including bond anticipation notes, certificates, or any other 295
instruments of indebtedness that promotes, enhances, or 296
otherwise furthers the purposes of the authority, inclu ding, but 297
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not limited to, financing the cost of any facility, capitalizing 298
interest, funding any reserves, refunding or refinancing any 299
existing indebtedness, and paying costs and expenses associated 300
with such indebtedness. Any such indebtedness may be sec ured by 301
any revenue source or in any manner. Bonds shall be approved by 302
resolution. 303
(21) To fix, regulate, and collect rates, fees, and 304
charges for the services and facilities furnished by any 305
facility under its control; to establish, limit, and control the 306
use of any facility as may be deemed necessary to ensure its 307
proper operation, and to adopt rules, regulations, and minimum 308
standards to impose such limits or controls; and to impose 309
sanctions to promote and enforce compliance with any rule or 310
regulation which the authority may adopt in the regulation of 311
the facilities under its control. 312
(22) To provide for the manual execution of any instrument 313
on behalf of the authority by the signature of the chairperson 314
or vice chairperson of the authority and att ested by the 315
secretary-treasurer or, if delegated by the members to do so, 316
the executive director or any other authority personnel to whom 317
authority has been delegated, or by their facsimile signature in 318
accordance with the Uniform Facsimile Signature of Public 319
Officials Act. 320
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(23) Maintain a website and post thereon such notices, 321
reports, and information as the authority is either required to 322
or deems appropriate to post. 323
(24) To engage in public private partnerships, pursuant to 324
s. 255.065, Florida S tatutes, as may be amended, as well as 325
interlocal agreements, pursuant to s. 163.01, Florida Statutes, 326
as may be amended, and other such joint partnerships. 327
(25) To take all such acts and exercise all such powers 328
required of independent special districts for compliance with 329
chapter 189, Florida Statutes, as may be amended from time to 330
time. 331
(11) To issue revenue bonds or refunding bonds of the 332
authority to pay the cost of such acquisition, construction, 333
reconstruction, improvement, or equipment. 334
(12) To fix and revise from time to time and to collect 335
rates, fees, and other charges for the use of or for the 336
services and facilities furnished by or at the airport. 337
(13) To do all acts and things necessary or convenient to 338
carry out the purposes of the au thority. 339
Section 7.6. Attendance fee Compensation and travel 340
expenses.—The members shall receive no salary or other 341
compensation for their services as members of the authority 342
except a fee of $250 $100 for attending each regular monthly 343
meeting of the authority. Such fee Compensation of members shall 344
be limited to $3,000 $1,200 per member per annum. The authority 345
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shall also have authority to pay reasonable costs and expenses 346
necessarily incurred by the members in performance of their 347
duties. The rate for travel expenses shall not exceed the rate 348
for state employees. 349
Section 8.7. Budget.—The authority shall during each 350
fiscal year prepare and adopt an annual budget for such revenue 351
and expense accounts as the authority shall prescribe for its 352
operations in the ensuing fiscal year. The fiscal year of the 353
authority shall be the same as that of the city. The budget 354
shall include all estimated revenues and all estimated 355
expenditures for the ensuing fiscal year. The budget may be 356
amended throughout the fiscal year by resolution of the 357
authority. 358
Section 9.8. Airport manager.—The authority shall employ 359
an aviation-experienced airport manager , who may be referred to 360
as the executive director at the authori ty's discretion, to 361
administer all airport operations and to supervise all airport 362
projects. The decision to employ or terminate the employment of 363
the airport manager shall require the two-thirds four-fifths 364
vote of the members of the authority with at least one majority 365
vote made by a county appointee. The members shall not interfere 366
with the day-to-day administration of the airport by the airport 367
manager or with staff and consultants who are subject to the 368
airport manager's supervision . 369
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Section 10.9. Relationship between the authority, city, 370
county, and state.—The authority shall have the power and 371
responsibility to operate the airport in a manner consistent 372
with applicable federal and state law and the objectives of the 373
county and the city. The author ity shall comply with appropriate 374
police powers of the county or of the city respecting the 375
operation and development of an airport. Applicable building 376
codes of the city shall apply to all construction upon the 377
airport, except to the extent that different state or federal 378
requirements are expressly applicable, and except to the extent 379
that the authority or the airport has been made exempt from any 380
requirement of the city by state or federal law. To the extent 381
not inconsistent with general law, all construction upon the 382
airport shall be subject to inspection by the city on behalf of 383
the state, and the city inspectors may ensure insure compliance 384
with applicable state regulations for such construction in 385
addition to applicable city regulations. 386
Section 11.10. Title to airport land. —The title to the 387
land comprising the Boca Raton Airport , as set forth in section 388
2, shall continue to be vested in the authority. The Board of 389
Trustees of the Internal Improvement Trust Fund of the state 390
shall take all actions n ecessary to transfer title of the land 391
within the boundaries of the Boca Raton Airport to the 392
authority. The airport is leased to the authority by the Board 393
of Trustees of the Internal Improvement Trust Fund. Nothing in 394
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this act shall be construed to impai r the obligations of any 395
agreement between the state or any of its agencies and the fixed 396
base operator of the airport entered into as of effective date 397
of this act. 398
Section 12.11. Liabilities.—The authority shall be liable 399
for its obligations and for damages caused by the negligent acts 400
or omissions of the authority. The authority shall be deemed to 401
be an agency of the state for the purposes of section 768.28, 402
Florida Statutes. 403
Section 2. This act shall take effect upon becoming a law. 404