HB 4045 full text · Session Watch

2 An act relating to the Jacksonville Aviation

3 Authority, Consolidated City of Jacksonville, Duval

4 County; amending chapter 2004-464, Laws of Florida, as

5 amended by chapter 2005-328, Laws of Florida;

6 providing that the Jacksonville Aviation Authority is

7 responsible for the economic development of Cecil

8 Airport as a regional, state, and national aerospace

9 and related-industry hub; defining the term "aerospace

10 and related industry"; revising the definition of the

11 term "project"; requiring annual presentation of an

12 economic development plan for Cecil Airport to the

13 council of the City of Jacksonville for review;

14 revising threshold amounts for certain purchases by

15 the authority; providing an effective date.

17 Be It Enacted by the Legislature of the State of Florida:

19 Section 1. Subsection (1) of section 1, sections 2 and 5,

20 and subsections (1) and (2) of section 10 of chapter 2004-464,

21 Laws of Florida, as amended by chapter 2005-328, Laws of

22 Florida, are amended to read:

23 Section 1. Creation of Jacksonville Aviation Authority.—

24 (1) The charter provisions concerning the airport

25 operations of the former Jacksonville Port Authority established

26 pursuant to Chapter 2001-319, Laws of Florida, as amended, are

27 hereby amended and restated in their entirety to read as

28 follows: There is hereby created and established as of October

29 1, 2001, a separate body politic and corporate to be known as

30 the Jacksonville Aviation Authority and hereinafter referred to

31 singly as the "authority," which is created as an agency and

32 political subdivision of the State of Florida in the nature of

33 counties and not municipalities. This authority is authorized to

34 exercise its jurisdiction, powers, and duties within the

35 geographic area defined by the boundary lines of Duval County as

36 established by section 7.16, Florida Statutes, which boundary

37 lines also define the geographic area of the City of

38 Jacksonville, and outside such boundary lines as hereinafter

39 provided. The Jacksonville Aviation Authority shall operate,

40 manage, and control all of the publicly owned airports and

41 ancillary facilities located within Duval County and outside

42 such boundary lines as hereinafter provided. The authority is

43 also responsible for the economic development of Cecil Airport,

44 which shall include, but is not limited to, activities and

45 projects that support workforce development and training,

46 infrastructure investments, job creation, and technology

47 innovation, and is further charged with establishing and growing

48 Cecil Airport as a regional, state, and national aerospace and

49 related-industry hub in partnership with the economic

50 development agency or agencies of the City of Jacksonville. The

51 authority was separated from the former Jacksonville Port

52 Authority pursuant to 2001-319, Laws of Florida, as amended, and

53 this separation shall be reviewed for performance and efficiency

54 after a period of 4 years from October 1, 2001.

55 Section 2. Definitions.—In the interpretation hereof, the

56 following words and terms shall be taken to include the

57 following meanings when the context shall require or permit:

58 (1) The term "aerospace and related industry" means and

59 includes the design, development, manufacturing, maintenance,

60 logistics, operation, use, and service of aircraft and

61 spacecraft for civilian, government, and military applications,

62 including subsystems and components thereof, and other

63 industries in substantial relation thereto.

64 (2)(1) The term "bonds" means and embraces bonds, notes,

65 certificates, and other financial obligations issued by the

66 authority for financing or refinancing purposes and, except

67 where otherwise required by the context, notes and other

68 instruments executed to evidence obligations of the authority

69 for the repayment of borrowed funds.

70 (3)(2) The term "county" means the County of Duval.

71 (4)(3) The term "city" or "City of Jacksonville" means the

72 consolidated government of the City of Jacksonville created

73 pursuant to section 9, Article VIII of the State Constitution.

74 (5)(4) The term "federal agency" means and includes the

75 United States, the President of the United States, and any

76 department, or corporation, agency, or instrumentality thereof,

77 heretofore or hereafter created, designated, or established by

78 the United States.

79 (6)(5) Words importing the singular number shall include

80 the plural number in each case and vice versa, and words

81 importing persons shall include firms and corporations.

82 (7)(6) The term "project" embraces any one or any

83 combination of two or more of the following, to wit: facilities

84 for the construction, manufacture, repair, or maintenance of

85 airplanes, helicopters, spacecraft, and aircraft of all kinds;

86 other facilities, directly or indirectly related to the

87 promotion and development of airborne, ~~and~~ airport and aerospace

88 and related-industry activities, commerce, travel, exploration,

89 and researching; and other airport and aerospace and related-

90 industry facilities of all kinds, including, but not limited to,

91 landings, ramps, runways, taxiways, warehouses, terminals,

92 refrigeration, and cold storage plants and facilities, tiedown

93 and parking areas and facilities, intermodal, railroad, air, and

94 motor terminals for passengers, freight, exploration, and

95 research, rolling stock, airplanes, helicopters, spacecraft,

96 conveyors, and appliances of all kinds for the handling,

97 storage, inspection, and transportation of freight and the

98 handling of passenger traffic, mail, express, and freight,

99 administration and service buildings, toll highways, tunnels,

100 causeways, and bridges connected therewith or incident or

101 auxiliary thereto, and may include all property, structures,

102 facilities, rights, easements, and franchises relating to any

103 such project deemed necessary or convenient for the acquisition,

104 construction, purchase, or operation thereof. The authority is

105 authorized to use such of its real property as it deems fit for

106 facilities for recreational programs and activities, provided,

107 however, that such programs and activities are approved by a

108 simple majority vote of the Jacksonville City Council.

109 (8)(7) The term "cost," as applied to improvements, means

110 the cost of constructing or acquiring improvements as

111 hereinabove defined and shall embrace the cost of all labor and

112 materials, the cost of all machinery and equipment, financing

113 charges, the cost of engineering and legal expenses, plans,

114 specifications, and such other expenses as may be necessary or

115 incident to such construction or acquisition.

116 (9)(8) The term "cost," as applied to a project acquired,

117 constructed, extended, or enlarged, includes the purchase price

118 of any project acquired, the cost of improvements, the cost of

119 such construction, extension, or enlargement, the cost of all

120 lands, properties, rights, easements, and franchises acquired,

121 the cost of all machinery and equipment, financing charges,

122 interest during construction, and, if deemed advisable, for up

123 to 1 year after completion of construction, cost of

124 investigations and audits, and of engineering and legal

125 services, and all other expenses necessary or incident to

126 determining the feasibility or practicability of such

127 acquisition or construction, administrative expense, and such

128 other expenses as may be necessary or incident to the financing

129 herein authorized and to the acquisition or construction of a

130 project and the placing of the same in operation. Any cost,

131 obligation or expense incurred by the authority prior to the

132 issuance of revenue bonds under the provisions of this act,

133 including, without limitation, costs for engineering studies and

134 for estimates of cost and of revenue and for other technical,

135 financial, or legal services in connection with the acquisition

136 or construction of any project, may be regarded as a part of the

137 cost of such project.

138 Section 5. Budget and finance; plan for economic

139 development.—

140 (1) The fiscal year of the authority shall commence on

141 October 1 of each year and end on the following September 30.

142 The authority shall prepare and submit its budget to the council

143 of the City of Jacksonville on or before July 1 for the ensuing

144 fiscal year. The council, consistent with the provisions of the

145 Charter of the City of Jacksonville, may increase or decrease

146 the appropriation (budget) requested by the authority on a total

147 basis or a line-by-line basis; however, the appropriation for

148 construction, reconstruction, enlargement, expansion,

149 improvement, or development of any project or projects

150 authorized to be undertaken by the former Jacksonville Port

151 Authority and the authority shall not be reduced below the

152 amount required under the terms and provisions of any

153 outstanding bonds.

154 (2) Simultaneously with the submittal of its budget as

155 provided in subsection (1), the authority shall also prepare and

156 present to the council of the City of Jacksonville a plan for

157 the economic development of Cecil Airport. The plan shall be

158 presented for annual review by the council of the City of

159 Jacksonville concurrently with its review of the annual budget

160 pursuant to subsection (1).

161 Section 10. Award of contracts.—

162 (1) If the total cost, value, or amount of construction,

163 reconstruction, repairs, or work of any nature, including the

164 labor and materials, exceeds the CATEGORY FIVE threshold amount

165 established in section 287.017, Florida Statutes, as may be

166 amended from time to time, ~~$50,000~~ when purchased by the

167 authority, any such construction, reconstruction, repairs, or

168 work exceeding the foregoing amount established for the

169 authority shall be done only under contract or contracts to be

170 entered into by the authority with the lowest responsible bidder

171 upon proper terms and after due public notice has been given

172 asking for competitive bids as hereinafter provided. The

173 foregoing requirement for competitive bidding shall not apply to

174 construction, reconstruction, repairs, or work done by employees

175 of the authority or by labor supplied under agreement with the

176 Federal Government or state government. The authority shall keep

177 a current list of responsible bidders and, whenever the

178 authority shall award a contract, the bidder shall come from

179 such list. No contract shall be entered into for construction,

180 improvement, or repair of any project, or any part thereof,

181 unless the contractor shall have given an undertaking with a

182 sufficient surety or sureties, approved by the authority and in

183 an amount fixed by the authority, for the faithful performance

184 of the contract. All such contracts shall provide, among other

185 things, that the person or corporation entering into such

186 contract with the authority will pay for all materials furnished

187 and services rendered for the performance of the contract and

188 that any person or corporation furnishing such materials or

189 rendering such services may maintain an action to recover for

190 the same against the obligor in the undertaking, as though such

191 person or corporation were named therein, provided the action is

192 brought within 1 year after the time the cause of action

193 accrued. Nothing in this section shall be construed to limit the

194 power of the authority to construct any project, or any part

195 thereof, or any addition, betterment, or extension thereto,

196 directly by the officers, agents, and employees of the

197 authority, or otherwise, other than by contract.

198 (2) All supplies, equipment, machinery, and materials

199 exceeding the CATEGORY THREE threshold amount established in

200 section 287.017, Florida Statutes, as may be amended from time

201 to time, ~~$25,000~~ in cost purchased by the authority shall be

202 purchased by the authority only after due advertisement as

203 provided hereinafter. When purchasing supplies, equipment,

204 machinery, and materials pursuant to competitive bid as mandated

205 herein, the authority shall accept the lowest bid or bids, kind,

206 quality, and material being equal, but the authority shall have

207 the right to reject any or all bids or select a single item from

208 any bid. The provision as to bidding shall not apply to the

209 purchase of patented and manufactured products offered for sale

210 in a noncompetitive market or solely by a manufacturer's

211 authorized dealer.

212 Section 2. This act shall take effect upon becoming a law.