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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
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; revising frequency of meetings; 7
providing additional powers and duties; providing an 8
attendance fee for members; providing for budge t 9
amendments; requiring the Board of Trustees of the 10
Internal Improvement Trust Fund to transfer title of 11
such land to the authority; revising employment of 12
airport manager; providing that the authority is a 13
political subdivision of the state for sovereign 14
immunity purposes; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Section 2 of chapter 2004 -468, Laws of Florida, 19
is amended to read: 20
Section 1. Short title. —This act may be cited as the "Bo ca 21
Raton Airport Authority Act." 22
Section 2. Boundaries – The boundaries of the Boca Raton 23
Airport Authority are as follows: 24
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
A parcel of land lying in a portion of the Southwest 26
one-quarter (S.W. 1/4) of Section 7, Township 47 27
South, Range 43 East, and a portion of the Southeast 28
one-quarter (S.E. 1/4) of Section 12, Township 47 29
South, Range 42 East, and a portion of the Northeast, 30
Northwest and Southwest one -quarters of Section 13, 31
Township 47 South, Range 42 East, of Palm Beach 32
County, Florida, being m ore particularly described as 33
follows: 34
35
BEGINNING at the point of intersection of the 36
Northeast limited access right -of-way line of I-95 as 37
shown on State Road Department right -of-way map, (Job 38
No. 93220-2411, Sheet 12a, dated 2/15/71, revised 39
last, 8/7/72) and the Southerly right -of-way line of 40
Northwest 40th Street (as shown on the aforementioned 41
map) with the West line of said Section 7; thence 42
South 79'44'47" East, along said southerly right -of-43
way line of Northwest 40th Street, a distance of 44
339.10 feet; thence South 84'05'25" East, continuing 45
along aforementioned right -of-way line, a distance of 46
189.77 feet; thence North 87'44'12" East, along said 47
right-of-way line, a distance of 205.53 feet to a 48
point on the arc of a circular curve to the left, 49
whose radius point bears north 04'31'04" East, from 50
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the last described point; thence Easterly, along said 51
right-of-way line and the arc of said curve, having a 52
radius of 3869.72 feet, a central angle of 09'52'40" 53
for an arc distance of 667.14 feet; thence South 54
46'03'10" East, along a line perpendicular to the 55
Northeast Southwest Runway pavement of the Boca Raton 56
Airport, a distance of 487.41 feet; thence South 57
43'56'50" West, along a line parallel with and 300.00 58
feet Southeasterly of, as measured at right angle s to, 59
said Northeast Southwest Runway, a distance of 6925.22 60
feet; thence North 46'03'10" West a Distance of 790.31 61
feet to a point on the Easterly right -of-way line of 62
Airport Road as shown on Plat Book 6, Pages 76 & 77 of 63
the Public Records of Palm Beach County, Florida; 64
thence along the aforementioned line, North 14'56'16" 65
East, a distance of 222.13 feet to a point on the arc 66
of a non-tangent curve concave to the Southeast, a 67
radial line of said curve through said point having a 68
bearing of North 73'44'37 " West; thence Northerly 69
along the arc of said curve (and said Airport Road 70
right-of-way) to the right, having a central angle of 71
00'09'06" and a radius of 4007.28 feet for an arc 72
distance of 10.61 feet to a point on a non -tangent 73
line; thence South 73'45' 19" East, (along the Easterly 74
line of a 60 foot canal right -of-way as shown on said 75
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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
Plat Book 6, Pages 76 & 77) a distance of 60.00 feet 76
to a point on the arc of a non -tangent curve concave 77
to the Southeast; a radial line of said curve through 78
said point having a bearing of North 73'45'19" West; 79
thence Northeasterly along the arc of said curve (and 80
said canal right-of-way line), to the right, having a 81
central angle of 06'09'31" and a radius of 3947.28 82
feet for an arc distance of 424.28 feet to a point of 83
a compound curve of a tangent curve concave to the 84
Southeast; thence Northeasterly along the arc of said 85
curve (and said canal right -of-way line) to the right, 86
an arc distance of 2055.11 feet (said curve having a 87
radius of 5419.58 feet and a central angle of 88
21'43'36") to a point of tangency; thence North 89
44'17'32 East, (along said canal right -of-way line) a 90
distance of 76.85 feet; then North 45'42'28" West, a 91
distance of 60.00 feet; thence South 44'17'32" West, a 92
distance of 76.85 feet; thence North 45'42'28 " West, a 93
distance of 99.74 feet to a point on said I -95 right-94
of-way line; thence north 44'17'32" East, along said 95
I-95 right-of-way line, a distance of 3379.17 feet to 96
the point of beginning. 97
98
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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
Said lands situate within the City of Boca Raton, Palm 99
Beach County, Florida, and containing 212.14 acres 100
(9,240,799 square feet), more or less. 101
102
Section 3.2. Definitions.—As used in this act: 103
(1) "Airport" means those certain lands described in 104
section 2 located within the territorial limits of the City of 105
Boca Raton, together with such interests (real, personal, 106
tangible, and intangible), necessary for maintenance and 107
operation of an the state-owned land within the territorial 108
limits of the City of Boca Raton now known as the Boca Raton 109
airport. 110
(2) "Authority" means the Boca Raton Airport Authority. 111
(3) "Board" means the governing body of the authority. 112
(4)(3) "City" means the City of Boca Raton. 113
(5)(4) "City council" means the governing body of the City 114
of Boca Raton. 115
(6)(5) "County" means Palm Beach County. 116
(7)(6) "County commission" means the Board of County 117
Commissioners of Palm Beach County. 118
(8) "Facilities" means airport facilities of all kinds, 119
including, but not limited to, landing fields; runways; 120
taxiways; fuel farms; self -fueling areas; terminals; towers; 121
hangars; all facilities necessary or desirable for the landing, 122
taking off, operating, servicing, repairing, and parking of 123
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aircraft; observation areas; buildings; parking facilities; 124
facilities necessary for the unloading and h andling of 125
passengers and mail (express, and freight); facilities for the 126
accommodation, convenience, and comfort of passengers and 127
pilots, together with related transportation facilities; all 128
areas, buildings, appurtenances, equipment, tangible and 129
intangible property, and machinery, necessary to support federal 130
agencies providing services to the airport, its passengers, and 131
pilots; equipment, improvements, real property, personal 132
property, tangible and intangible property, and machinery 133
necessary for the mitigation of noise, environmental, and other 134
aviation-related impacts; shops; restaurants and catering 135
facilities; and all necessary appurtenances, machinery, and 136
equipment, and all lands, properties, rights, easements, 137
partnerships, intangible property, and franchises relating to 138
the maintenance and operation of the airport and considered 139
necessary or convenient by the authority in connection 140
therewith. Facilities required for the takeoff and landing of 141
aircraft, including, but not limited to, landing fie lds, 142
runways, taxiways, fuel farms, self -fueling areas, terminals, 143
towers, and hangars, as well as facilities necessary or 144
desirable for operating, servicing, repairing, and parking of 145
aircraft, shall be limited to the boundaries of the authority, 146
or adjacent thereto. Facilities related to noise mitigation, and 147
facilities that are not required for the takeoff and landing of 148
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aircraft, or the operating, servicing, repairing, and parking of 149
aircraft, but which otherwise support airport operations or 150
assist the airport in remaining self -sustaining consistent with 151
its federal grant obligations, may be located within the city 152
limits of the City of Boca Raton, within or without the 153
boundaries of the authority, but are subject to all city 154
ordinances, rules, regulati ons, and permit requirements. 155
(9)(7) "Project" means and includes the acquisition, 156
improvement, or maintenance of real or personal property within 157
the boundaries of the Boca Raton Airport. 158
Section 4.3. Authority; creation and purpose. —There is 159
hereby created an independent special district organized under 160
Chapter 189, Florida Statutes, as may be amended from time to 161
time, which is a body politic and corporate and political 162
subdivision of the state, to be known as the Boca Raton Airport 163
Authority. The purpose of the district is to operate the Boca 164
Raton Airport and to exercise such other exercise by the 165
authority of the powers conferred upon it by this act , which 166
shall will be deemed to be for an essential and proper public 167
purpose. 168
Section 5.4. Membership; terms of office; officers; 169
quorum; meetings; removal. — 170
(1) The authority shall consist of seven members. As a 171
condition of eligibility for appointment and to hold office, 172
five members must reside within the municipality, and two 173
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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
members must reside within the Greater Boca Raton Reserve Area, 174
as defined in chapter 67 -1112, Laws of Florida. Of the five 175
municipal residents, three must reside east of the airport, one 176
must reside west of the airport, and one may reside anywhere in 177
the municipality. 178
(2) The county commission shall appoint two members, each 179
of whom must reside within the Greater Boca Raton Reserve Area. 180
The city council shall appoint the five members who must reside 181
within the limits of the municipality as specified in subsection 182
(1). 183
(3) The term of office for each member shall be 2 years. 184
Each term shall expire on June 1 in the year of expiration of 185
the term. The county members' terms shall expire in odd years 186
and the other members' terms shall expire in even years. 187
(4) A chair, vice chair, and secretary shall be chosen by 188
and from the authority membership. The term of office for the 189
chair, vice chair, and secretary shall be 1 year, and no member 190
shall hold the same office for more than two consecutive terms. 191
(5) A quorum shall c onsist of four members, but the 192
affirmative vote of not less than four members shall be 193
necessary to take any action except to adjourn. 194
(6) The authority shall meet r egularly, but no fewer than 195
ten times per calendar year, at least once each month at such 196
times and places within the city as shall be determined by the 197
authority. 198
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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
(7) Any member may be removed by the commission or council 199
which appointed that member, but only for grounds constituting 200
misfeasance, malfeasance, or nonfeasance in office, or upon 201
conviction of any crime. The unexcused failure to attend three 202
consecutive regular meetings of the authority shall be deemed 203
nonfeasance, without limiting the meaning of that term. The 204
board may approve a procedure for determining excused absences, 205
consistent with general law. 206
(8) Vacancies in office shall be filled by the appropriate 207
appointing entity for the balance of the term. Each appointment 208
to fill a vacancy shall be made from a list of nominees 209
furnished by the entity which nominated the memb er who held the 210
office. In such cases, the list of nominees shall be filed not 211
later than 30 days after notice of the vacancy has been given to 212
the nominating entity. 213
Section 6.5. Powers and duties.—The authority shall have 214
jurisdiction over the operat ion and maintenance of and 215
improvements to the Boca Raton Airport. The authority shall have 216
the following specific powers and duties , all of which shall be 217
exercised in compliance with general law, and shall be 218
consistent with local, state, and federal law and the City and 219
County's goals and objectives and, to the extent applicable, 220
consistent with the location of uses set forth in the definition 221
of facilities: 222
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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
(1) To enter into contracts and to sue and be sued in its 223
own name. 224
(2) To acquire all property, real or and personal, 225
tangible or intangible, or any estate or interest therein, upon 226
such terms and conditions as the authority by resolution shall 227
fix and determine property. 228
(3) To solicit business and promote commerce at the 229
airport or any airport facility. 230
(4) To make application for, contract with, receive and 231
accept from any federal, state, or local agency, grants and 232
assistance of any kind for, or in aid of, the construction, 233
improvement or operation of any facility and operation of th e 234
authority; and to receive and accept contributions from any 235
source of either money, property, labor, or other things of 236
value for any lawful purpose. 237
(5) To select and appoint airport counsel, who shall serve 238
at the pleasure of and be responsible to th e Board. 239
(6) To select and appoint agents and consultants, 240
including without limitation, surveyors, contractors, engineers, 241
planners, designers, auditors, and architects, who shall work 242
under the supervision of the airport manager, and to fix their 243
compensation. 244
(7) To employ and appoint personnel to provide security, 245
fire suppression, and enforcement services. 246
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(8) To develop a written investment plan, and to invest 247
and reinvest surplus public funds in the authority's possession 248
and control. 249
(9)(3) Consistent with the regulations of the FAA, to let 250
or lease the airport or any portion of the airport, including 251
the buildings and hangars thereon ; to let or lease any facility 252
within the authority's control; to fix the rate of any lease or 253
sublease of any portion of the airport or facility; , and to 254
grant concessions upon such terms and conditions as it shall 255
deem proper. 256
(10) To make or cause to be made such surveys, 257
investigations, studies, borings, maps, plans, drawings, and 258
estimates of cost and reven ues as it may deem necessary; and 259
may prepare and adopt a plan or plans, for the location, 260
construction, and development of any facility. 261
(11)(4) To employ necessary personnel, including an 262
airport manager, whose duties and salaries shall be prescribed 263
by the authority. 264
(12)(5) To accept revenues from the operation of the 265
airport and to accept gifts, grants, and other revenues; but the 266
authority shall not have the power to levy or collect ad valorem 267
taxes. 268
(13)(6) To prepare and adopt a budget annuall y, and to 269
amend it during the fiscal year. 270
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(14) To adopt by-laws that shall, at a minimum, govern the 271
procedures for the conduct of the authority's meetings. 272
(15) To prepare and adopt annual financial reports, and 273
financial audit reports. 274
(16)(7) To adopt rules for the regulation of its affairs 275
and the conduct of its business, and rules for the operation of 276
the airport and aircraft, including, but not limited to, safety 277
and noise abatement rules, and to enforce and administer all 278
such rules. 279
(17)(8) To adopt and alter an official seal. 280
(18)(9) To maintain an office within the city. 281
(19)(10) To construct; acquire through purchase and sale, 282
lease, grant, gift, devise, exchange, or transfer of any kind; , 283
reconstruct, improve, equip, repair, maintain , establish, 284
extend, alter, expand, develop, and operate any facility the 285
airport and such buildings, structures, roads, alleyways, and 286
any other development of land as the authority shall determine 287
to be necessary and proper in the performance of the duti es and 288
purposes of this act, within the boundaries of the airport . 289
(20) To borrow money, incur debt, and issue bonds, notes 290
including bond anticipation notes, certificates, or any other 291
instruments of indebtedness that promotes, enhances, or 292
otherwise furthers the purposes of the authority, including, but 293
not limited to, financing the cost of any facility, capitalizing 294
interest, funding any reserves, refunding or refinancing any 295
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existing indebtedness, and paying costs and expenses associated 296
with such indebtedness. Any such indebtedness may be secured by 297
any revenue source or in any manner. Bonds shall be approved by 298
resolution. 299
(21) To fix, regulate, and collect rates, fees, and 300
charges for the services and facilities furnished by any 301
facility under its control; to establish, limit, and control the 302
use of any facility as may be deemed necessary to ensure its 303
proper operation, and to adopt rules, regulations, and minimum 304
standards to impose such limits or controls; and to impose 305
sanctions to promote and e nforce compliance with any rule or 306
regulation which the authority may adopt in the regulation of 307
the facilities under its control. 308
(22) To provide for the manual execution of any instrument 309
on behalf of the authority by the signature of the chairperson 310
or vice chairperson of the authority and attested by the 311
secretary-treasurer or, if delegated by the members to do so, 312
the executive director or any other authority personnel to whom 313
authority has been delegated, or by their facsimile signature in 314
accordance with the Uniform Facsimile Signature of Public 315
Officials Act. 316
(23) Maintain a website and post thereon such notices, 317
reports, and information as the authority is either required to 318
or deems appropriate to post. 319
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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
(24) To engage in public private part nerships, pursuant to 320
s. 255.065, Florida Statutes, as may be amended, as well as 321
interlocal agreements, pursuant to s. 163.01, Florida Statutes, 322
as may be amended, and other such joint partnerships. 323
(25) To take all such acts and exercise all such power s 324
required of independent special districts for compliance with 325
chapter 189, Florida Statutes, as may be amended from time to 326
time. 327
(11) To issue revenue bonds or refunding bonds of the 328
authority to pay the cost of such acquisition, construction, 329
reconstruction, improvement, or equipment. 330
(12) To fix and revise from time to time and to collect 331
rates, fees, and other charges for the use of or for the 332
services and facilities furnished by or at the airport. 333
(13) To do all acts and things necessary or con venient to 334
carry out the purposes of the authority. 335
Section 7.6. Attendance fee Compensation and travel 336
expenses.—The members shall receive no salary or other 337
compensation for their services as members of the authority 338
except a fee of $250 $100 for attending each regular monthly 339
meeting of the authority. Such fee Compensation of members shall 340
be limited to $3,000 $1,200 per member per annum. The authority 341
shall also have authority to pay reasonable costs and expenses 342
necessarily incurred by the members in performance of their 343
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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
duties. The rate for travel expenses shall not exceed the rate 344
for state employees. 345
Section 8.7. Budget.—The authority shall during each 346
fiscal year prepare and adopt an annual budget for such revenue 347
and expense accounts as the authority shall prescribe for its 348
operations in the ensuing fiscal year. The fiscal year of the 349
authority shall be the same as that of the city. The budget 350
shall include all estimated revenues and all estimated 351
expenditures for the ensuing fiscal year. The budget may be 352
amended throughout the fiscal year by resolution of the 353
authority. 354
Section 9.8. Airport manager.—The authority shall employ 355
an aviation-experienced airport manager , who may be referred to 356
as the executive director at the authori ty's discretion, to 357
administer all airport operations and to supervise all airport 358
projects. The decision to employ or terminate the employment of 359
the airport manager shall require the two-thirds four-fifths 360
vote of the members of the authority with at least one majority 361
vote made by a county appointee. The members shall not interfere 362
with the day-to-day administration of the airport by the airport 363
manager or with staff and consultants who are subject to the 364
airport manager's supervision . 365
Section 10.9. Relationship between the authority, city, 366
county, and state.—The authority shall have the power and 367
responsibility to operate the airport in a manner consistent 368
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with applicable federal and state law and the objectives of the 369
county and the city. The author ity shall comply with appropriate 370
police powers of the county or of the city respecting the 371
operation and development of an airport. Applicable building 372
codes of the city shall apply to all construction upon the 373
airport, except to the extent that different state or federal 374
requirements are expressly applicable, and except to the extent 375
that the authority or the airport has been made exempt from any 376
requirement of the city by state or federal law. To the extent 377
not inconsistent with general law, all construction upon the 378
airport shall be subject to inspection by the city on behalf of 379
the state, and the city inspectors may ensure insure compliance 380
with applicable state regulations for such construction in 381
addition to applicable city regulations. 382
Section 11.10. Title to airport land. —The title to the 383
land comprising the Boca Raton Airport , as set forth in section 384
2, shall continue to be vested in the authority. The Board of 385
Trustees of the Internal Improvement Trust Fund of the state 386
shall take all actions n ecessary to transfer title of the land 387
within the boundaries of the Boca Raton Airport to the 388
authority. The airport is leased to the authority by the Board 389
of Trustees of the Internal Improvement Trust Fund. Nothing in 390
this act shall be construed to impai r the obligations of any 391
agreement between the state or any of its agencies and the fixed 392
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base operator of the airport entered into as of effective date 393
of this act. 394
Section 12.11. Liabilities.—The authority shall be liable 395
for its obligations and for damages caused by the negligent acts 396
or omissions of the authority. The authority shall be deemed to 397
be an agency of the state for the purposes of section 768.28, 398
Florida Statutes. 399
Section 2. This act shall take effect upon becoming a law. 400