Florida 2023 2023 Regular Session

Florida House Bill H1225 Analysis / Analysis

Filed 05/15/2023

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1225z.LFS.DOCX 
DATE: 5/15/2023 
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: HB 1225    Sanford Airport Authority, Seminole County 
SPONSOR(S): Smith and others 
TIED BILLS:    IDEN./SIM. BILLS:   
 
 
 
 
FINAL HOUSE FLOOR ACTION: 115 Y’s 
 
0 N’s GOVERNOR’S ACTION: Pending 
 
 
SUMMARY ANALYSIS 
HB 1225 passed the House on April 27, 2023, and subsequently passed the Senate on May 4, 2023.   
 
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate 
within a limited geographic boundary.  Special districts are created by general law, special act, local ordinance, 
or rule of the Governor and Cabinet. A “dependent special district” is a special district subject to significant 
control by the governing body of a single county or municipality.  
 
The Sanford Airport Authority (Authority) is a dependent special district of the City of Sanford created by 
special act in 1971. The Authority is governed by a board of nine members, each appointed to serve a four-
year term. The Authority’s charter provides that it may enter into exclusive or nonexclusive contracts, leases, 
franchises, or other arrangements with any person or persons for terms not exceeding 50 years. 
 
The bill extends the maximum term of the Authority to enter into exclusive or nonexclusive contracts, leases, 
franchises, or other arrangements with any person or persons from 50 years to 99 years. 
 
According to the Economic Impact Statement, the bill is not expected to have a fiscal impact.  
 
Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law. 
    
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DATE: 5/15/2023 
  
I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF CHANGES:  
 
Present Situation 
 
Special Districts 
 
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to 
operate within a limited geographic boundary.
1
 A special district may be created by general law, special 
act, local ordinance, or rule of the Governor and Cabinet.
2
 A special district has only those powers 
expressly provided by, or reasonably implied from, the authority provided in the district’s charter.
3
 
Special districts provide specific municipal services in addition to, or in place of, those provided by a 
municipality or county.
4
  
 
A “dependent special district” is a special district meeting at least one of the following criteria: 
 The membership of the district’s governing body is identical to the governing body of a single 
county or municipality; 
 All members of the district’s governing body are appointed by the governing body of a single 
county or municipality; 
 Members of the district’s governing body are removable at will by the governing body of a single 
county or municipality; or 
 The district’s budget is subject to approval by the governing body of a single county or 
municipality.
5
  
 
An “independent special district” is any district that is not a dependent special district or one that 
includes more than one county unless the district lies wholly within a single municipality.
6
  
 
The Sanford Airport Authority 
 
The Sanford Airport Authority (Authority) is a dependent special district of the City of Sanford created 
by the Legislature in 1971.
7
 The Authority is governed by a nine-member board, with each member 
appointed to serve a four-year term.
8
 Members are appointed by the city commission of the City of 
Sanford.
9
  
 
The board has the power to hire employees, acquire property, maintain and operate airport facilities, 
enter into contracts, and issue revenue bonds.
10
 Currently, the Authority may enter into exclusive or 
nonexclusive contracts, leases, franchises, or other arrangements with any person or persons for 
terms not exceeding 50 years.
11
 
                                                
1
 S. 189.012(6), F.S. See also Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547-48 (Fla. 2019). 
2
 S. 189.012(6), F.S. 
3
 See ss. 189.02(4)-(5) and 189.031(3), F.S. Counties and municipalities have “home rule” powers allowing them to enact ordinances 
not inconsistent with general or special law for governmental, corporate, or proprietary purposes. Special districts do not possess home 
rule powers and are permitted to impose only those taxes, assessments, or fees authorized by special or general law. See art. VIII, ss. 
1(f) and (g), 2(b), s. 6(e), Fla. Const. and ss. 125.01 and 166.021, F.S. See also Local Gov’t Formation Manual 62, available at 
https://myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=3227 (last visited Mar. 6, 2023). 
4
 Local Gov’t Formation Manual at 62. 
5
 S. 189.012(2), F.S. 
6
 S. 189.012(3), F.S. Independent special districts are created by the Legislature, unless another mechanism is authorized by general 
law. See, e.g. s. 190.005, F.S. (community development districts may be created by a county, municipality, or the Florida Land and 
Water Adjudicatory Commission, depending on the size and location of the district). 
7
 Ch. 71-924, Laws of Fla. 
8
 Ch. 71-924, s. 4, Laws of Fla. See Orlando Sanford Intl. Airport, Board of Directors, https://flysfb.com/saa/board-of-directors/ (last 
visited Mar. 12, 2023). 
9
 Ch. 71-924, s. 4, Laws of Fla. 
10
Ch. 71-924, s. 11, Laws of Fla. 
11
 Ch. 71-924, s. 11(4)(i), Laws of Fla., as amended by ch. 2005-306, Laws of Fla.   
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Effect of the Bill 
 
The bill extends the maximum term of the Authority to enter into exclusive or nonexclusive contracts, 
leases, franchises, or other arrangements with any person or persons from 50 years to 99 years. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
  
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 None. 
2. Expenditures: 
None. 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
2. Expenditures: 
None. 
      C.  ECONOMIC IMPACT STATEMENT FILED? Yes [X] No [] 
      D.  NOTICE PUBLISHED?     Yes [X] No [] 
      IF YES, WHEN?             January 28, 2023 
      WHERE?                        The Orlando Sentinel, a daily newspaper of general circulation in Seminole and  
  Orange Counties. 
 
      E.  REFERENDUM(S) REQUIRED?  Yes [] No [X]