H 4005

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2An act relating to the City of Naples Airport
3Authority, Collier County; amending chapter 69-1326,
4Laws of Florida, as amended, relating to the City of
5Naples Airport Authority; removing provisions relating
6to authority members' duties and responsibilities;
7removing provisions that prohibit officers and
8employees of the city from being authority members;
9removing provisions that prohibit authority members
10from receiving compensation; providing for authority
11memberships by election rather than by appointment;
12providing requirements for elections; providing
13authority membership terms and qualifications;
14providing interim services and vacancy fillings;
15conforming provisions to changes made by the act;
16providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20Section 1.  Section 3 of chapter 69-1326, Laws of Florida,
21as amended by chapters 79-516 and 90-468, Laws of Florida, is
22amended to read:
23Section 3.  There is hereby created a body politic and
24corporate to be known as the City of Naples Airport Authority
25for the purpose of operating and maintaining the airport
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26    facilities at the City of Naples Municipal Airport, located in
27    Collier County, Florida, or any other airport in Collier County
28    which the airport authority may contract to operate. The
29    authority is hereby constituted a public instrumentality, and
30    the exercise by the authority of the powers conferred by this
31    act shall be deemed and held to be the performance of essential
32    governmental functions.
33
34    Said authority shall not transact any business or exercise its
35    powers hereunder until or unless the city council of the City of
36    Naples by proper resolution shall declare that there is need for
37    the authority to function. The determination as to whether there
38    is such need for the authority to function may be made by the
39    city council on its own motion. In any suit, action or
40    proceeding involving the validity or enforcement of or relating
41    to any contract of the authority, the authority shall be
42    conclusively deemed to have become established and authorized to
43    transact business and exercise its powers hereunder upon proof
44    of the adoption of a resolution by the city council declaring
45    the need for the authority. A copy of such resolution duly
46    certified by the clerk shall be admissible in evidence in any
47    suit, action or proceeding.
48
49    The city council by an affirmative vote of four (4) members of
50    the council shall appoint five (5) persons as members
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51    commissioners of the authority created for the city. Three (3)
52    of the members commissioners who are first appointed shall be
53    designated to serve for terms of 1, 2, and 3 one (1), two (2)
54    and three (3) years, respectively; and the remaining two (2) of
55    such members commissioners shall be designated to serve for
56    terms of 4 four (4) years each, from the date of their
57    appointment. Thereafter, members commissioners shall be
58    appointed as aforesaid for a term of office of 4 four (4) years,
59    except that all vacancies shall be filled for the unexpired
60    term. No commissioner of the authority may be an officer or
61    employee of the city. A commissioner shall hold office until his
62    successor has been appointed and has qualified. A certificate of
63    the appointment or reappointment of any commissioner shall be
64    filed with the clerk, and such certificate shall be conclusive
65    evidence of the due and proper appointment of such commissioner.
66    A commissioner shall receive no compensation for his services,
67    but he shall be entitled to the necessary expenses, including
68    traveling expenses, incurred in the discharge of his duties.
69
70    Beginning with the 2026 general election, the authority shall be
71    composed of five members, with three members, designated as
72    seats 1, 2, and 3, who are residents of the City of Naples, and
73    two members, designated as seats 4 and 5, who are residents of
74    Collier County outside of the municipal boundaries of the City
75    of Naples. All members shall be elected by the qualified
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76     electors of Collier County. All members shall be elected at the
77     2026 general election, with the members elected from odd-
78     numbered seats for a term of 4 years and even-numbered seats for
79     a term of 2 years. Thereafter, elections shall be held to
80     replace members upon expiration of their terms with terms of 4
81     years each.
82
83     Each member must have spent at least 5 years engaged in
84     financial management, small business operations, or aerospace as
85     defined in s. 331.303, Florida Statutes. At the time of
86     qualifying, a candidate for the authority must submit an
87     affirmation of meeting this requirement to the Supervisor of
88     Elections. Qualification and election of members of the
89     authority shall be as prescribed by the general election laws of
90     Florida.
91
92     Members of the authority as of the effective date of this act
93     shall serve until the certification of the November 2026 general
94     election results. Each elected member of the authority shall
95     hold office until a successor has been elected. A vacancy
96     occurring during a term of a member shall be filled only for the
97     balance of the unexpired term, such appointments to be made by
98     the Governor.
99
100    All meetings of the authority shall be public meetings, and the
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101    powers of the authority shall be vested in the members
102    commissioners thereof in office from time to time. Three members
103    (3) commissioners shall constitute a quorum of the authority for
104    the purpose of conducting its business and exercising its powers
105    and for all other purposes. Action may be taken by the authority
106    upon a vote of a majority of the members commissioners present,
107    unless in any case the bylaws of the authority shall require a
108    larger number. The mayor with the concurrence of the city
109    council shall designate which of the commissioners appointed
110    shall be the first chairman, but when the office of the chairman
111    of the authority thereafter becomes vacant, the authority shall
112    select a chairman from among its commissioners. The authority
113    shall select from among its members commissioners a chair and a
114    vice chair chairman, and it may employ a secretary (who shall be
115    executive director), technical experts and such other officers,
116    agents and employees, permanent and temporary, as it may require
117    and shall determine their qualifications, duties and
118    compensation. For such legal services as it may require, the
119    authority may call upon the chief law officer of the city or may
120    employ its own counsel and legal staff. The authority may
121    delegate to one (1) or more of its agents or employees such
122    powers or duties as it may deem proper.
123
124    For inefficiency or neglect of duty or misconduct in office, a
125    commissioner of the authority may be removed by an affirmative
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126    vote of five (5) members of the city council, but a commissioner
127    shall be removed only after he shall have been given a copy of
128    the charges at least ten (10) days prior to the hearing thereon
129    and had an opportunity to be heard in person or by counsel. In
130    the event of the removal of any commissioner, a record of the
131    proceedings, together with the charges and findings thereon,
132    shall be filed in the office of the clerk.
133Section 2.  This act shall take effect upon becoming a law.
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