THE BILL ITSELF
CS/HB 4005
City of Naples Airport Authority, Collier County
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An act relating to the City of Naples Airport
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Authority, Collier County; amending chapter 69-1326,
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Laws of Florida, as amended, relating to the City of
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Naples Airport Authority; removing provisions relating
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to authority members' duties and responsibilities;
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removing provisions that prohibit officers and
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employees of the city from being authority members;
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removing provisions that prohibit authority members
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from receiving compensation; providing for authority
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memberships by election rather than by appointment;
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providing requirements for elections; providing
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authority membership terms and qualifications;
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providing interim services and vacancy fillings;
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conforming provisions to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 3 of chapter 69-1326, Laws of Florida,
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as amended by chapters 79-516 and 90-468, Laws of Florida, is
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amended to read:
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Section 3. There is hereby created a body politic and
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corporate to be known as the City of Naples Airport Authority
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for the purpose of operating and maintaining the airport
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facilities at the City of Naples Municipal Airport, located in
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Collier County, Florida, or any other airport in Collier County
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which the airport authority may contract to operate. The
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authority is hereby constituted a public instrumentality, and
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the exercise by the authority of the powers conferred by this
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act shall be deemed and held to be the performance of essential
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governmental functions.
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Said authority shall not transact any business or exercise its
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powers hereunder until or unless the city council of the City of
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Naples by proper resolution shall declare that there is need for
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the authority to function. The determination as to whether there
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is such need for the authority to function may be made by the
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city council on its own motion. In any suit, action or
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proceeding involving the validity or enforcement of or relating
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to any contract of the authority, the authority shall be
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conclusively deemed to have become established and authorized to
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transact business and exercise its powers hereunder upon proof
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of the adoption of a resolution by the city council declaring
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the need for the authority. A copy of such resolution duly
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certified by the clerk shall be admissible in evidence in any
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suit, action or proceeding.
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The city council by an affirmative vote of four (4) members of
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the council shall appoint five (5) persons as members
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commissioners of the authority created for the city. Three (3)
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of the members commissioners who are first appointed shall be
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designated to serve for terms of 1, 2, and 3 one (1), two (2)
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and three (3) years, respectively; and the remaining two (2) of
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such members commissioners shall be designated to serve for
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terms of 4 four (4) years each, from the date of their
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appointment. Thereafter, members commissioners shall be
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appointed as aforesaid for a term of office of 4 four (4) years,
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except that all vacancies shall be filled for the unexpired
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term. No commissioner of the authority may be an officer or
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employee of the city. A commissioner shall hold office until his
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successor has been appointed and has qualified. A certificate of
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the appointment or reappointment of any commissioner shall be
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filed with the clerk, and such certificate shall be conclusive
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evidence of the due and proper appointment of such commissioner.
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A commissioner shall receive no compensation for his services,
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but he shall be entitled to the necessary expenses, including
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traveling expenses, incurred in the discharge of his duties.
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Beginning with the 2026 general election, the authority shall be
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composed of five members, with three members, designated as
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seats 1, 2, and 3, who are residents of the City of Naples, and
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two members, designated as seats 4 and 5, who are residents of
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Collier County outside of the municipal boundaries of the City
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of Naples. All members shall be elected by the qualified
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electors of Collier County. All members shall be elected at the
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2026 general election, with the members elected from odd-
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numbered seats for a term of 4 years and even-numbered seats for
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a term of 2 years. Thereafter, elections shall be held to
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replace members upon expiration of their terms with terms of 4
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years each.
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Each member must have spent at least 5 years engaged in
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financial management, small business operations, or aerospace as
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defined in s. 331.303, Florida Statutes. At the time of
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qualifying, a candidate for the authority must submit an
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affirmation of meeting this requirement to the Supervisor of
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Elections. Qualification and election of members of the
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authority shall be as prescribed by the general election laws of
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Florida.
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Members of the authority as of the effective date of this act
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shall serve until the certification of the November 2026 general
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election results. Each elected member of the authority shall
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hold office until a successor has been elected. A vacancy
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occurring during a term of a member shall be filled only for the
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balance of the unexpired term, such appointments to be made by
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the Governor.
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All meetings of the authority shall be public meetings, and the
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powers of the authority shall be vested in the members
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commissioners thereof in office from time to time. Three members
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(3) commissioners shall constitute a quorum of the authority for
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the purpose of conducting its business and exercising its powers
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and for all other purposes. Action may be taken by the authority
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upon a vote of a majority of the members commissioners present,
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unless in any case the bylaws of the authority shall require a
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larger number. The mayor with the concurrence of the city
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council shall designate which of the commissioners appointed
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shall be the first chairman, but when the office of the chairman
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of the authority thereafter becomes vacant, the authority shall
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select a chairman from among its commissioners. The authority
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shall select from among its members commissioners a chair and a
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vice chair chairman, and it may employ a secretary (who shall be
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executive director), technical experts and such other officers,
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agents and employees, permanent and temporary, as it may require
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and shall determine their qualifications, duties and
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compensation. For such legal services as it may require, the
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authority may call upon the chief law officer of the city or may
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employ its own counsel and legal staff. The authority may
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delegate to one (1) or more of its agents or employees such
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powers or duties as it may deem proper.
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For inefficiency or neglect of duty or misconduct in office, a
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commissioner of the authority may be removed by an affirmative
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vote of five (5) members of the city council, but a commissioner
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shall be removed only after he shall have been given a copy of
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the charges at least ten (10) days prior to the hearing thereon
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and had an opportunity to be heard in person or by counsel. In
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the event of the removal of any commissioner, a record of the
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proceedings, together with the charges and findings thereon,
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shall be filed in the office of the clerk.
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Section 2. This act shall take effect upon becoming a law.