Florida 2023 Regular Session

Florida House Bill H1049 Compare Versions

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1010 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
1111
12- 1
12+A bill to be entitled 1
1313 An act relating to the Boca Raton Airport Authority, 2
1414 Palm Beach County; amending chapter 2004 -468, Laws of 3
1515 Florida; providing boundaries; providing definitions; 4
1616 providing that the authority is an independent special 5
1717 district; providing for title of land to be vested in 6
1818 the authority; revising frequency of meetings; 7
1919 providing additional powers and duties; providing an 8
2020 attendance fee for members; providing for budge t 9
2121 amendments; requiring the Board of Trustees of the 10
2222 Internal Improvement Trust Fund to transfer title of 11
2323 such land to the authority; revising employment of 12
2424 airport manager; providing that the authority is a 13
2525 political subdivision of the state for sovereign 14
2626 immunity purposes; providing an effective date. 15
2727 16
2828 Be It Enacted by the Legislature of the State of Florida: 17
2929 18
3030 Section 1. Section 2 of chapter 2004 -468, Laws of Florida, 19
3131 is amended to read: 20
3232 Section 1. Short title. —This act may be cited as the "Bo ca 21
3333 Raton Airport Authority Act." 22
3434 Section 2. Boundaries – The boundaries of the Boca Raton 23
3535 Airport Authority are as follows: 24
3636 25
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4545 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
4646
4747 A parcel of land lying in a portion of the Southwest 26
4848 one-quarter (S.W. 1/4) of Section 7, Township 47 27
4949 South, Range 43 East, and a portion of the Southeast 28
5050 one-quarter (S.E. 1/4) of Section 12, Township 47 29
5151 South, Range 42 East, and a portion of the Northeast, 30
5252 Northwest and Southwest one -quarters of Section 13, 31
5353 Township 47 South, Range 42 East, of Palm Beach 32
5454 County, Florida, being m ore particularly described as 33
5555 follows: 34
5656 35
5757 BEGINNING at the point of intersection of the 36
5858 Northeast limited access right -of-way line of I-95 as 37
5959 shown on State Road Department right -of-way map, (Job 38
6060 No. 93220-2411, Sheet 12a, dated 2/15/71, revised 39
6161 last, 8/7/72) and the Southerly right -of-way line of 40
6262 Northwest 40th Street (as shown on the aforementioned 41
6363 map) with the West line of said Section 7; thence 42
6464 South 79'44'47" East, along said southerly right -of-43
6565 way line of Northwest 40th Street, a distance of 44
6666 339.10 feet; thence South 84'05'25" East, continuing 45
6767 along aforementioned right -of-way line, a distance of 46
6868 189.77 feet; thence North 87'44'12" East, along said 47
6969 right-of-way line, a distance of 205.53 feet to a 48
7070 point on the arc of a circular curve to the left, 49
7171 whose radius point bears north 04'31'04" East, from 50
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8080 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
8181
8282 the last described point; thence Easterly, along said 51
8383 right-of-way line and the arc of said curve, having a 52
8484 radius of 3869.72 feet, a central angle of 09'52'40" 53
8585 for an arc distance of 667.14 feet; thence South 54
8686 46'03'10" East, along a line perpendicular to the 55
8787 Northeast Southwest Runway pavement of the Boca Raton 56
8888 Airport, a distance of 487.41 feet; thence South 57
8989 43'56'50" West, along a line parallel with and 300.00 58
9090 feet Southeasterly of, as measured at right angle s to, 59
9191 said Northeast Southwest Runway, a distance of 6925.22 60
9292 feet; thence North 46'03'10" West a Distance of 790.31 61
9393 feet to a point on the Easterly right -of-way line of 62
9494 Airport Road as shown on Plat Book 6, Pages 76 & 77 of 63
9595 the Public Records of Palm Beach County, Florida; 64
9696 thence along the aforementioned line, North 14'56'16" 65
9797 East, a distance of 222.13 feet to a point on the arc 66
9898 of a non-tangent curve concave to the Southeast, a 67
9999 radial line of said curve through said point having a 68
100100 bearing of North 73'44'37 " West; thence Northerly 69
101101 along the arc of said curve (and said Airport Road 70
102102 right-of-way) to the right, having a central angle of 71
103103 00'09'06" and a radius of 4007.28 feet for an arc 72
104104 distance of 10.61 feet to a point on a non -tangent 73
105105 line; thence South 73'45' 19" East, (along the Easterly 74
106106 line of a 60 foot canal right -of-way as shown on said 75
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115115 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
116116
117117 Plat Book 6, Pages 76 & 77) a distance of 60.00 feet 76
118118 to a point on the arc of a non -tangent curve concave 77
119119 to the Southeast; a radial line of said curve through 78
120120 said point having a bearing of North 73'45'19" West; 79
121121 thence Northeasterly along the arc of said curve (and 80
122122 said canal right-of-way line), to the right, having a 81
123123 central angle of 06'09'31" and a radius of 3947.28 82
124124 feet for an arc distance of 424.28 feet to a point of 83
125125 a compound curve of a tangent curve concave to the 84
126126 Southeast; thence Northeasterly along the arc of said 85
127127 curve (and said canal right -of-way line) to the right, 86
128128 an arc distance of 2055.11 feet (said curve having a 87
129129 radius of 5419.58 feet and a central angle of 88
130130 21'43'36") to a point of tangency; thence North 89
131131 44'17'32 East, (along said canal right -of-way line) a 90
132132 distance of 76.85 feet; then North 45'42'28" West, a 91
133133 distance of 60.00 feet; thence South 44'17'32" West, a 92
134134 distance of 76.85 feet; thence North 45'42'28 " West, a 93
135135 distance of 99.74 feet to a point on said I -95 right-94
136136 of-way line; thence north 44'17'32" East, along said 95
137137 I-95 right-of-way line, a distance of 3379.17 feet to 96
138138 the point of beginning. 97
139139 98
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148148 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
149149
150150 Said lands situate within the City of Boca Raton, Palm 99
151151 Beach County, Florida, and containing 212.14 acres 100
152152 (9,240,799 square feet), more or less. 101
153153 102
154154 Section 3.2. Definitions.—As used in this act: 103
155155 (1) "Airport" means those certain lands described in 104
156156 section 2 located within the territorial limits of the City of 105
157157 Boca Raton, together with such interests (real, personal, 106
158158 tangible, and intangible), necessary for maintenance and 107
159159 operation of an the state-owned land within the territorial 108
160160 limits of the City of Boca Raton now known as the Boca Raton 109
161161 airport. 110
162162 (2) "Authority" means the Boca Raton Airport Authority. 111
163163 (3) "Board" means the governing body of the authority. 112
164164 (4)(3) "City" means the City of Boca Raton. 113
165165 (5)(4) "City council" means the governing body of the City 114
166166 of Boca Raton. 115
167167 (6)(5) "County" means Palm Beach County. 116
168168 (7)(6) "County commission" means the Board of County 117
169169 Commissioners of Palm Beach County. 118
170170 (8) "Facilities" means airport facilities of all kinds, 119
171171 including, but not limited to, landing fields; runways; 120
172172 taxiways; fuel farms; self -fueling areas; terminals; towers; 121
173173 hangars; all facilities necessary or desirable for the landing, 122
174174 taking off, operating, servicing, repairing, and parking of 123
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183183 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
184184
185185 aircraft; observation areas; buildings; parking facilities; 124
186186 facilities necessary for the unloading and h andling of 125
187187 passengers and mail (express, and freight); facilities for the 126
188188 accommodation, convenience, and comfort of passengers and 127
189189 pilots, together with related transportation facilities; all 128
190190 areas, buildings, appurtenances, equipment, tangible and 129
191191 intangible property, and machinery, necessary to support federal 130
192192 agencies providing services to the airport, its passengers, and 131
193193 pilots; equipment, improvements, real property, personal 132
194194 property, tangible and intangible property, and machinery 133
195195 necessary for the mitigation of noise, environmental, and other 134
196196 aviation-related impacts; shops; restaurants and catering 135
197197 facilities; and all necessary appurtenances, machinery, and 136
198198 equipment, and all lands, properties, rights, easements, 137
199199 partnerships, intangible property, and franchises relating to 138
200200 the maintenance and operation of the airport and considered 139
201201 necessary or convenient by the authority in connection 140
202202 therewith. Facilities required for the takeoff and landing of 141
203203 aircraft, including, but not limited to, landing fie lds, 142
204204 runways, taxiways, fuel farms, self -fueling areas, terminals, 143
205205 towers, and hangars, as well as facilities necessary or 144
206206 desirable for operating, servicing, repairing, and parking of 145
207207 aircraft, shall be limited to the boundaries of the authority, 146
208208 or adjacent thereto. Facilities related to noise mitigation, and 147
209209 facilities that are not required for the takeoff and landing of 148
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218218 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
219219
220220 aircraft, or the operating, servicing, repairing, and parking of 149
221221 aircraft, but which otherwise support airport operations or 150
222222 assist the airport in remaining self -sustaining consistent with 151
223223 its federal grant obligations, may be located within the city 152
224224 limits of the City of Boca Raton, within or without the 153
225225 boundaries of the authority, but are subject to all city 154
226226 ordinances, rules, regulati ons, and permit requirements. 155
227227 (9)(7) "Project" means and includes the acquisition, 156
228228 improvement, or maintenance of real or personal property within 157
229229 the boundaries of the Boca Raton Airport. 158
230230 Section 4.3. Authority; creation and purpose. —There is 159
231231 hereby created an independent special district organized under 160
232232 Chapter 189, Florida Statutes, as may be amended from time to 161
233233 time, which is a body politic and corporate and political 162
234234 subdivision of the state, to be known as the Boca Raton Airport 163
235235 Authority. The purpose of the district is to operate the Boca 164
236236 Raton Airport and to exercise such other exercise by the 165
237237 authority of the powers conferred upon it by this act , which 166
238238 shall will be deemed to be for an essential and proper public 167
239239 purpose. 168
240240 Section 5.4. Membership; terms of office; officers; 169
241241 quorum; meetings; removal. — 170
242242 (1) The authority shall consist of seven members. As a 171
243243 condition of eligibility for appointment and to hold office, 172
244244 five members must reside within the municipality, and two 173
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253253 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
254254
255255 members must reside within the Greater Boca Raton Reserve Area, 174
256256 as defined in chapter 67 -1112, Laws of Florida. Of the five 175
257257 municipal residents, three must reside east of the airport, one 176
258258 must reside west of the airport, and one may reside anywhere in 177
259259 the municipality. 178
260260 (2) The county commission shall appoint two members, each 179
261261 of whom must reside within the Greater Boca Raton Reserve Area. 180
262262 The city council shall appoint the five members who must reside 181
263263 within the limits of the municipality as specified in subsection 182
264264 (1). 183
265265 (3) The term of office for each member shall be 2 years. 184
266266 Each term shall expire on June 1 in the year of expiration of 185
267267 the term. The county members' terms shall expire in odd years 186
268268 and the other members' terms shall expire in even years. 187
269269 (4) A chair, vice chair, and secretary shall be chosen by 188
270270 and from the authority membership. The term of office for the 189
271271 chair, vice chair, and secretary shall be 1 year, and no member 190
272272 shall hold the same office for more than two consecutive terms. 191
273273 (5) A quorum shall c onsist of four members, but the 192
274274 affirmative vote of not less than four members shall be 193
275275 necessary to take any action except to adjourn. 194
276276 (6) The authority shall meet r egularly, but no fewer than 195
277277 ten times per calendar year, at least once each month at such 196
278278 times and places within the city as shall be determined by the 197
279279 authority. 198
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288288 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
289289
290290 (7) Any member may be removed by the commission or council 199
291291 which appointed that member, but only for grounds constituting 200
292292 misfeasance, malfeasance, or nonfeasance in office, or upon 201
293293 conviction of any crime. The unexcused failure to attend three 202
294294 consecutive regular meetings of the authority shall be deemed 203
295295 nonfeasance, without limiting the meaning of that term. The 204
296296 board may approve a procedure for determining excused absences, 205
297297 consistent with general law. 206
298298 (8) Vacancies in office shall be filled by the appropriate 207
299299 appointing entity for the balance of the term. Each appointment 208
300300 to fill a vacancy shall be made from a list of nominees 209
301301 furnished by the entity which nominated the memb er who held the 210
302302 office. In such cases, the list of nominees shall be filed not 211
303303 later than 30 days after notice of the vacancy has been given to 212
304304 the nominating entity. 213
305305 Section 6.5. Powers and duties.—The authority shall have 214
306306 jurisdiction over the operat ion and maintenance of and 215
307307 improvements to the Boca Raton Airport. The authority shall have 216
308308 the following specific powers and duties , all of which shall be 217
309309 exercised in compliance with general law, and shall be 218
310310 consistent with local, state, and federal law and the City and 219
311311 County's goals and objectives and, to the extent applicable, 220
312312 consistent with the location of uses set forth in the definition 221
313313 of facilities: 222
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322322 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
323323
324324 (1) To enter into contracts and to sue and be sued in its 223
325325 own name. 224
326326 (2) To acquire all property, real or and personal, 225
327327 tangible or intangible, or any estate or interest therein, upon 226
328328 such terms and conditions as the authority by resolution shall 227
329329 fix and determine property. 228
330330 (3) To solicit business and promote commerce at the 229
331331 airport or any airport facility. 230
332332 (4) To make application for, contract with, receive and 231
333333 accept from any federal, state, or local agency, grants and 232
334334 assistance of any kind for, or in aid of, the construction, 233
335335 improvement or operation of any facility and operation of th e 234
336336 authority; and to receive and accept contributions from any 235
337337 source of either money, property, labor, or other things of 236
338338 value for any lawful purpose. 237
339339 (5) To select and appoint airport counsel, who shall serve 238
340340 at the pleasure of and be responsible to th e Board. 239
341341 (6) To select and appoint agents and consultants, 240
342342 including without limitation, surveyors, contractors, engineers, 241
343343 planners, designers, auditors, and architects, who shall work 242
344344 under the supervision of the airport manager, and to fix their 243
345345 compensation. 244
346346 (7) To employ and appoint personnel to provide security, 245
347347 fire suppression, and enforcement services. 246
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356356 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
357357
358358 (8) To develop a written investment plan, and to invest 247
359359 and reinvest surplus public funds in the authority's possession 248
360360 and control. 249
361361 (9)(3) Consistent with the regulations of the FAA, to let 250
362362 or lease the airport or any portion of the airport, including 251
363363 the buildings and hangars thereon ; to let or lease any facility 252
364364 within the authority's control; to fix the rate of any lease or 253
365365 sublease of any portion of the airport or facility; , and to 254
366366 grant concessions upon such terms and conditions as it shall 255
367367 deem proper. 256
368368 (10) To make or cause to be made such surveys, 257
369369 investigations, studies, borings, maps, plans, drawings, and 258
370370 estimates of cost and reven ues as it may deem necessary; and 259
371371 may prepare and adopt a plan or plans, for the location, 260
372372 construction, and development of any facility. 261
373373 (11)(4) To employ necessary personnel, including an 262
374374 airport manager, whose duties and salaries shall be prescribed 263
375375 by the authority. 264
376376 (12)(5) To accept revenues from the operation of the 265
377377 airport and to accept gifts, grants, and other revenues; but the 266
378378 authority shall not have the power to levy or collect ad valorem 267
379379 taxes. 268
380380 (13)(6) To prepare and adopt a budget annuall y, and to 269
381381 amend it during the fiscal year. 270
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390390 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
391391
392392 (14) To adopt by-laws that shall, at a minimum, govern the 271
393393 procedures for the conduct of the authority's meetings. 272
394394 (15) To prepare and adopt annual financial reports, and 273
395395 financial audit reports. 274
396396 (16)(7) To adopt rules for the regulation of its affairs 275
397397 and the conduct of its business, and rules for the operation of 276
398398 the airport and aircraft, including, but not limited to, safety 277
399399 and noise abatement rules, and to enforce and administer all 278
400400 such rules. 279
401401 (17)(8) To adopt and alter an official seal. 280
402402 (18)(9) To maintain an office within the city. 281
403403 (19)(10) To construct; acquire through purchase and sale, 282
404404 lease, grant, gift, devise, exchange, or transfer of any kind; , 283
405405 reconstruct, improve, equip, repair, maintain , establish, 284
406406 extend, alter, expand, develop, and operate any facility the 285
407407 airport and such buildings, structures, roads, alleyways, and 286
408408 any other development of land as the authority shall determine 287
409409 to be necessary and proper in the performance of the duti es and 288
410410 purposes of this act, within the boundaries of the airport . 289
411411 (20) To borrow money, incur debt, and issue bonds, notes 290
412412 including bond anticipation notes, certificates, or any other 291
413413 instruments of indebtedness that promotes, enhances, or 292
414414 otherwise furthers the purposes of the authority, including, but 293
415415 not limited to, financing the cost of any facility, capitalizing 294
416416 interest, funding any reserves, refunding or refinancing any 295
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425425 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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427427 existing indebtedness, and paying costs and expenses associated 296
428428 with such indebtedness. Any such indebtedness may be secured by 297
429429 any revenue source or in any manner. Bonds shall be approved by 298
430430 resolution. 299
431431 (21) To fix, regulate, and collect rates, fees, and 300
432432 charges for the services and facilities furnished by any 301
433433 facility under its control; to establish, limit, and control the 302
434434 use of any facility as may be deemed necessary to ensure its 303
435435 proper operation, and to adopt rules, regulations, and minimum 304
436436 standards to impose such limits or controls; and to impose 305
437437 sanctions to promote and e nforce compliance with any rule or 306
438438 regulation which the authority may adopt in the regulation of 307
439439 the facilities under its control. 308
440440 (22) To provide for the manual execution of any instrument 309
441441 on behalf of the authority by the signature of the chairperson 310
442442 or vice chairperson of the authority and attested by the 311
443443 secretary-treasurer or, if delegated by the members to do so, 312
444444 the executive director or any other authority personnel to whom 313
445445 authority has been delegated, or by their facsimile signature in 314
446446 accordance with the Uniform Facsimile Signature of Public 315
447447 Officials Act. 316
448448 (23) Maintain a website and post thereon such notices, 317
449449 reports, and information as the authority is either required to 318
450450 or deems appropriate to post. 319
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459459 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
460460
461461 (24) To engage in public private part nerships, pursuant to 320
462462 s. 255.065, Florida Statutes, as may be amended, as well as 321
463463 interlocal agreements, pursuant to s. 163.01, Florida Statutes, 322
464464 as may be amended, and other such joint partnerships. 323
465465 (25) To take all such acts and exercise all such power s 324
466466 required of independent special districts for compliance with 325
467467 chapter 189, Florida Statutes, as may be amended from time to 326
468468 time. 327
469469 (11) To issue revenue bonds or refunding bonds of the 328
470470 authority to pay the cost of such acquisition, construction, 329
471471 reconstruction, improvement, or equipment. 330
472472 (12) To fix and revise from time to time and to collect 331
473473 rates, fees, and other charges for the use of or for the 332
474474 services and facilities furnished by or at the airport. 333
475475 (13) To do all acts and things necessary or con venient to 334
476476 carry out the purposes of the authority. 335
477477 Section 7.6. Attendance fee Compensation and travel 336
478478 expenses.—The members shall receive no salary or other 337
479479 compensation for their services as members of the authority 338
480480 except a fee of $250 $100 for attending each regular monthly 339
481481 meeting of the authority. Such fee Compensation of members shall 340
482482 be limited to $3,000 $1,200 per member per annum. The authority 341
483483 shall also have authority to pay reasonable costs and expenses 342
484484 necessarily incurred by the members in performance of their 343
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493493 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
494494
495495 duties. The rate for travel expenses shall not exceed the rate 344
496496 for state employees. 345
497497 Section 8.7. Budget.—The authority shall during each 346
498498 fiscal year prepare and adopt an annual budget for such revenue 347
499499 and expense accounts as the authority shall prescribe for its 348
500500 operations in the ensuing fiscal year. The fiscal year of the 349
501501 authority shall be the same as that of the city. The budget 350
502502 shall include all estimated revenues and all estimated 351
503503 expenditures for the ensuing fiscal year. The budget may be 352
504504 amended throughout the fiscal year by resolution of the 353
505505 authority. 354
506506 Section 9.8. Airport manager.—The authority shall employ 355
507507 an aviation-experienced airport manager , who may be referred to 356
508508 as the executive director at the authori ty's discretion, to 357
509509 administer all airport operations and to supervise all airport 358
510510 projects. The decision to employ or terminate the employment of 359
511511 the airport manager shall require the two-thirds four-fifths 360
512512 vote of the members of the authority with at least one majority 361
513513 vote made by a county appointee. The members shall not interfere 362
514514 with the day-to-day administration of the airport by the airport 363
515515 manager or with staff and consultants who are subject to the 364
516516 airport manager's supervision . 365
517517 Section 10.9. Relationship between the authority, city, 366
518518 county, and state.—The authority shall have the power and 367
519519 responsibility to operate the airport in a manner consistent 368
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528528 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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530530 with applicable federal and state law and the objectives of the 369
531531 county and the city. The author ity shall comply with appropriate 370
532532 police powers of the county or of the city respecting the 371
533533 operation and development of an airport. Applicable building 372
534534 codes of the city shall apply to all construction upon the 373
535535 airport, except to the extent that different state or federal 374
536536 requirements are expressly applicable, and except to the extent 375
537537 that the authority or the airport has been made exempt from any 376
538538 requirement of the city by state or federal law. To the extent 377
539539 not inconsistent with general law, all construction upon the 378
540540 airport shall be subject to inspection by the city on behalf of 379
541541 the state, and the city inspectors may ensure insure compliance 380
542542 with applicable state regulations for such construction in 381
543543 addition to applicable city regulations. 382
544544 Section 11.10. Title to airport land. —The title to the 383
545545 land comprising the Boca Raton Airport , as set forth in section 384
546546 2, shall continue to be vested in the authority. The Board of 385
547547 Trustees of the Internal Improvement Trust Fund of the state 386
548548 shall take all actions n ecessary to transfer title of the land 387
549549 within the boundaries of the Boca Raton Airport to the 388
550550 authority. The airport is leased to the authority by the Board 389
551551 of Trustees of the Internal Improvement Trust Fund. Nothing in 390
552552 this act shall be construed to impai r the obligations of any 391
553553 agreement between the state or any of its agencies and the fixed 392
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562562 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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564564 base operator of the airport entered into as of effective date 393
565565 of this act. 394
566566 Section 12.11. Liabilities.—The authority shall be liable 395
567567 for its obligations and for damages caused by the negligent acts 396
568568 or omissions of the authority. The authority shall be deemed to 397
569569 be an agency of the state for the purposes of section 768.28, 398
570570 Florida Statutes. 399
571571 Section 2. This act shall take effect upon becoming a law. 400