Ordinance 2004-03 COLLIER COUNTY ORDINANCE NO. 2004-
THE COLLIER COUNTY AIRPORT AUTHORITY ORDINANCE; ,~ NI NI~.~
POWERS, FUNCTIONS AND DUTIES OF THE BOARD
AUTHORITY; AMENDING THE AUTHORITY'S BUDGET AND REPOR-~?t.~.~
REQUIREMENTS; AMENDMENTS REGARDING EMPLOYMENT OF THE
EXECUTIVE DIRECTOR; AMENDMENTS REGARDING TRANSFER OF
AIRPORTS, REAL AND PERSONAL PROPERTY, SYSTEMS, MATERIALS
AND PERSONNEL; AFFIRMING ALL OTHER PROVISIONS; REPEALING
AND SUPERSEDING COLLIER COUNTY ORDINANCE NOS. 90-29, 95-67, 99-
10 AND 2002-28; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING AN EFFECTIVE DATE
WHEREAS, subsection TWELVE (B) of this Ordinance is beig. g:~
amended to require that all funds realized by the Authority from sale[~f'i
durable assets purchased by the Authority with County General Fu~.d
money shall be returned by the Authority to the County's General Fur~'di
and
r
WHEREAS, subsection SEVEN (C)(5) in this Ordinance is be~,
amended to specify that all of the Authority's grant awards are sub'ect~l . .,. ~.,;r'"?
final approval from the Board of County Commissioners; and
WHEREAS, subsection EIGHT (A) in this Ordinance is being
amended to require that each year the Authority shall schedule and
conduct at least one (1) workshop with the Board prior to submission of
the Authority's tentative annual budget request to the County Manager;
and that each budget request must contain an update of the Authority's
five-year Strategic Business Plan; and
WHEREAS, this Ordinance amends subsection SEVEN (C)(7) to
require that all leases, sub-leases, easements, licenses, use agreements
and any other agreement or document entered into by, or issued or
granted by or to the Authority that will control use of the County's real
property for a term greater then five (5) years must be ratified by the
Board before each such document becomes effective; and
WHEREAS, subsection EIGHT (C) is being added to this
Ordinance to require that the Authority shall provide the Board with
quarterly financial reports, including the financial status of grants and
income from real property sub-leases and real property licenses; and
WHEREAS, subsection TEN (A) in this Ordinance is being
amended to specify that the Board must authorize each search for an
Airport Authority Executive Director, must approve the applicant
recommended to the Board for employment by the Authority, and the
Board must approve the recommended applicant's employment
agreement; and7
WHEREAS, Section TVVENTY in this Ordinance specifies that this
Ordinance repeals and supersedes Collier County Ordinance No. 90-29,
and Ordinance No. 95-67 as amended by Ordinance Nos. 99-10 and
2002-28.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation. This Ordinance shall be known and
may be cited as the "Collier County Airport Authority Ordinance."
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SECTION TWO: Findings and Purpose. It is hereby ascertained and
reaffirmed de61af-e~ that:
A. Pursuant to Section 332.08(1), Florida Statutes, and this Ordinance, the
Collier County Airport Authority is responsible for the operation of three airports:
The Immokalee Regional Airport in Immokalee; the Marco Island Executive
Airport, located Northeast of Marco Island; and the Everglades City Airpark,
located in the City of Everglades.
B. The three County airports are valuable assets that bear upon a viable
and diversified economy for the Collier County Community.
C. The Board of County Commissioners of Collier County desires to provide
for enhanced development and eventual operation of the airports as enterprise
operations.
D. Chapter 332, Sections 332.001 through 332.12, Florida Statutes ("Airport
Law of 1945"), authorizes Collier County to acquire, establish, construct, enlarge,
improve, maintain, equip, operate, and regulate county airports and other air
navigation facilities, and provides that the exercise of any other power specified
therein granted to counties are public, governmental functions exercised for a
public purpose and are matters of public necessity.
E. Section 332.08(1), Florida Statutes, authorizes Collier County to vest
authority for the construction, enlargement, improvement, maintenance,
equipment, operation, and regulation of airports, restricted landing areas, and
other air navigation facilities, in an officer, board, or body of the County by
ordinance, which shall prescribe the powers and duties of such officer, board or
body.
F. The three Collier County owned airports require attention, including short
and long range planning, to encourage and foster the development of
infrastructure and facilities to be operated for the benefit of citizens and
taxpayers in the County.
G. The three airports should be developed to promote the welfare of all
current and future residents of the County.
H. It is the intent of the Board of County Commissioners to maintain a
Collier County Airport Authority in Collier County with the powers and
responsibilities as provided in Section 332.08, Florida Statutes, and pursuant to
the governmental powers granted to counties in Chapter 125, Florida Statutes.
I. This Airport Authority is consistent with and furthers the County's
Comprehensive Plan and provides a focused approach to the provision,
development and management of public infrastructure and services at the three
Collier County airports, and is one available means for delivery of such facilities
and services at the three airports.
J. The provisions of this Ordinance shall be liberally construed to effectively
carryout its purposes in the interest of the public health, safety, welfare and
convenience. This Ordinance shall be construed to be consistent with Chapter
189, Florida Statutes (the "Uniform Special District Accountability Act of 1945"),
and Chapter 332, Florida Statutes (the "Florida Airport Act of 1945"); with
Chapter 286, Florida Statutes, ('Florida's Government in the Sunshine Law");
and with Chapter 119, Florida Statutes (Florida's Public Records Law), as those
statutes may be amended from time-to-time.
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K. Nothing in this Ordinance shall be construed to affect any actions
previously taken by Collier County and/or the Collier County Airport Authority, or
any agreements previously entered into by Collier County and/or the Airport
Authority.
L. It is the intent of this Ordinance to grant to the Airport Authority more freedom
and autonomy to carry on its day-to-day activities with minimal management from
the Board and from the Clerk to the Board, and with the intent to eventually have
the authority to become independent by passage of a special act of the Florida
Legislature.
SECTION THREE. Definitions. As used in this Ordinance, the following
words and terms shall have the following meanings unless the context clearly
requires otherwise:
A. "Airports" means the real property and all improvements owned or leased
by Collier County (as tenant) and/or the Collier County Airport Authority (as sub-
lessor and/or tenant) for airport activities in Immokalee, Everglades City, and
Marco Island, including the properties and improvements designated for
industrial development at the Immokalee Airport, and other such property and
improvements that may be subsequently acquired by Collier County and/or the
Airport Authority by lease, purchase, gift or by any other means.
B. "Airport facilities" means airport facilities of all kinds including, but not
limited to, landing fields, hangers, shops, restaurants and catering facilities,
terminals, buildings, airport industrial parks, parking facilities, and all other
facilities necessary and desirable for the landing, taking off, operating, servicing,
repairing and parking of aircraft; also the handling of mail, express and freight,
and the accommodation, convenience and comfort of passengers, together with
related transportation facilities, industrial development, all necessary
appurtenances, machinery and equipment and all lands, properties, rights,
easements and franchises relating thereto and deemed necessary or convenient
by the Authority in connection therewith.
C. "Authority" means the Collier County Airport Authority created by
Ordinance No. 93-36 and continued by this Ordinance.
D. "Board" means the Board of County Commissioners of Collier County,
Florida.
E. "County" means Collier County, Florida.
F. "Improvements" means such replacements, repairs, extensions,
additions, enlargements, and betterments of or to any airport or airport facility as
deemed appropriate to keep the airport and airport facilities in suitable condition
for the safe, efficient and economic operation thereof.
G. "Member(s)" means on or more of the persons who comprise the
governing body of the Airport Authority.
SECTION FOUR. Continuance of Authority; Airport Boundaries.
A. The Board, on June 22, 1993, by enactment of Coiiier County Ordinance
No. 93-36, created a seven (7) member body designated as the Collier County
Airport Authority.
B. The Authority is a "Political Subdivision" of Collier County as defined in
Section 333.01 (9), Florida Statutes. The Authority is also a "Political Subdivision"
of Collier County as used in Section 196.199, Florida statute, regarding ad
valorem taxation.
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C. The Authority is not a "department" under Collier County Ordinance No.
84-44, as amended. Neither the Authority, the Authority's Executive Director, nor
other employees of the Authority are under management of the County
Administrator Manaqer.
D. The Authority shall take no action that is inconsistent with applicable
general law, any applicable special act, any applicable comprehensive land use
plan, any applicable land development ordinance, or any other applicable
ordinance, rule or regulation adopted by the Board pursuant to Chapter 332 or
333, Florida Statutes, or any applicable regulation of any governmental entity that
has authority to adopt regulations that are superior to the Authority with respect
to the specific issue.
E. The legal description and a map of each of these three airports, are
attached hereto and are a part hereof as Exhibits A, B, and C.
SECTION FIVE. Governing Body; Membership, Appointment and
Terms Of Office
A. The governing body of the Authority shall be composed of seven (7)
members appointed by the Board. Except when a member is appointed to fill the
remainder of a vacated term, members shall be appointed to serve four (4) year
terms. There are no limitations on the number of times that members of the
Authority may be re-appointed to the Authority. In the event this provision
conflicts with any other Collier County rule, regulation or ordinance, this provision
shall prevail. Upon the expiration of a member's term of office, such member
shall maintain his or her appointment until the member is either re-appointed or a
successor is appointed by the Board.
B. Members of the Authority may be removed with or without cause by a
majority vote of the membership of the Board. Vacancies on the Authority shall
be filled in the same manner as the original appointment.
C. Members of the Authority shall be residents of Collier County and must
have business ability and experience in one or more fields which, by way of
example, may include, but are not limited to, general business, economic
development, aviation, public affairs, law, finance, accounting, engineering,
natural resource conservation, or related fields. There shall be at least one (1)
member of the Authority appointed from Immokalee, Marco Island, and
Everglades City of a qualified candidate who resides within the respective area is
available for appointment to the Authority. No person holding elected office at
the sate, county or municipality level shall be appointed to, or be a member of,
the Authority.
D. Effective as of the beginning of each fiscal year (October 1), the Authority
shall from its members elect a Chairman, Vice Chairman, and Secretary. The
Secretary shall maintain custody and control of the Authority's records. The
Authority may delegate the duties of Secretary to the Executive Director of the
Authority or designee.
E. The County's Purchasing Policy and the County's Personnel Rules and
Regulations will apply to the Authority except as provided otherwise in the
Authority's Administrative Code, as amended from time-to-time.
F. The Clerk to the Board shall, to the extent required by law, serve as clerk
to the Authority. The Authority, at its discretion, may utilize the services of the
Clerk over and above the services the Clerk must perform for the Authority as a
matter of law. The Authority shall annually budget and reimburse the Clerk as
appropriate for the cost of all services and materials supplied by the Clerk to the
Authority. The Authority shall organize its own financial records to facilitate its
day-to-day operations and provide financial records in such form and in such
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manner as required by Chapter 218, Florida Statutes, and additional
requirements, if any, specified in the Authority's Administrative Code. To the
extent allowed by law, the Authority may, through its Administrative Code,
remove itself from fiscal and other review and approval by the Clerk to the Board.
G. Other Departments of the County, including the office of the County
Administrator Mana.qer, may assist the Authority as requested by the Authority.
The Authority shall reimburse each respective Department for the cost of
services and materials supplied by that Department to the Authority.
SECTION SiX. Compensation of Members.
A=. The members of the Authority shall receive no compensation but each
shall be reimbursed expenses in accordance with the provisions of general .law,
and in conformity with the Authority's budget as approved by the Board.
SECTION SEVEN. Powers, Functions and Duties.
A. The Authority shall be responsible for the construction, improvement,
equipment, development, regulation, operation and maintenance of the airports
and all related airport facilities. The day-to-day activities of the Authority, of the
Executive Director, and of Authority's other employees shall not require prior
approval from the Board or the County ~ Manager.
B. The Authority shall have no power to levy or collect ad valorem taxes
unless provided otherwise in a special act of the Florida Legislature.
C. The Authority has the following powers and duties:
1. Subject to and consistent with the Authority's budget, to make and
execute contracts and other instruments necessary or convenient to the exercise
of its powers.
2. The Authority may adopt resolutions, rules and regulations that are
necessary to conduct the business of the Authority.
3. To accept gifts; to apply for and use grants or loans of money or other
property from the United States, the State of Florida, any unit of local
government, or any person for any lawful purpose; to hold, use, sell and dispose
of such monies or property for any Authority purpose in accordance with the
terms of the gift, grant, loan or agreement relating thereto; and to enter into
interlocal agreements as convenient to accomplish its goals.
4. To maintain an office within the County at such place or places the
Authority designates.
5. Subject to prior approval of the Board, to borrow money and issue
revenue bonds or anticipation certificates, warrants, notes or other evidence of
indebtedness; to designate an agent of record; to sell or mortgage real or
personal property, or to accept any .qrant.
6. To adopt by resolution a schedule of rates, fees and other charges for
the use of the services, airports and airport facilities to be paid by owners,
tenants, or occupants of each parcel of land or the user of any facility which may
be connected with or provided service, use or availability of any airport facility.
The initial schedule of such rates, fees and other charges shall be those in effect
at the three airports as of the effective date of this Ordinance. The Authority may
from time-to-time revise the schedule of rates, fees and other charges. Such
rates, fees, and other charges shall be adopted and revised so as to provide
funds, which, with other funds available for such purposes, shall be sufficient at
all times to pay the expenses of operating and maintaining the airports and
airport facilities (including reimbursements to the County), to provide a margin of
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safety over and above the total amount of such payments, and to comply with
covenants to bondholders. Also to provide, if applicable, reserves for the
principal and interest on revenue bonds as the same may become due. The
Authority shall charge and collect such rates, fees, and other charges so adopted
and revised.
7. To sub-lease as sub-lessor, and to lease as lessee, to or from any
person, firm, corporation, association, or body, public or private, any airport
facility or airport property of any nature for the use of the Authority to carry out
any purpose of the Authority. To grant easements, licenses and use agreements
at each airport ..... ~,~,~,~
~ff,~,-.*;,,,~ *,~r,"n r~f tn,c, !eQse ''''~( ,N,.._-, olrr~r* 'Fr,,-,r'n *N,,-, ~,,",~rr,I "1',", tN,~Authority Ne Each
sub-lease where the Authority is the sub-lessor, and p,e each grant of any such
easement, license or other use agreement, shall be subject to approval of the
Board '-'",.., *ha. r,..,,..,,,,,~,,,, ,~'~'"";"';°*-°*'"'-,,.,,,,,,,,,..,,.,,,., if the term of the sub-lease, license,
easement, use agreement or other aqreement or document will control use or
occupancy of real property for a term greater then five (5) years, including every
option to renew or extend the term. No ~ .... ~ the A,,,N.-,.it,, ~o ,,,~o~, oN~! be
8. To acquire by purchase, lease, gift, dedication, or devise, or
otherwise, real and personal property or any estate therein for any lawful purpose
of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus
personal property in accordance with general law. The Authority may purchase
equipment by an installment sales contract if budgeted and funds are available to
pay the current year's installment and to pay the amounts due that year on all
other installments and indebtedness. The Authority shall have no power of
eminent domain except (a) in the name of the County pursuant to Chapter 74,
Florida Statutes, as authorized by the Board, or (b) except as authorized by
special act of the Legislature.
9. To hold, control and acquire by donation or purchase any public
easements, dedications to public use, platted reservation for public purpose, or
reservation for any lawful purpose of the Authority, and to use such easement,
dedication or reservation for any lawful purpose of the Authority.
10. To hire employees, including the Executive Director, who shall be
employees of the County and shall be subject to the County's Human Resources
Policies and Procedures except to the extent, if any, specifically provided
otherwise in the Authority's Administrative Code.
11. To contract for professional services including, but not limited to,
planning, engineering, legal, and/or other professional services. No person
engaged to provide such services shall be an employee of either the Authority or
the County.
12. At the Authority's discretion, the County Attorney's office will serve
as the Authority's attorney. The Authority may retain individual attorneys at law
and/or law firm(s) to serve as the Authority's attorney for some or all of the
Authority's legal services.
13.
appropriate
Authority as
To exercise all power and authority that is convenient and
to accomplish any duty, responsibility, goal, plan, or purpose of the
provided for in this Ordinance.
D. The Authority shall have a lien upon all aircraft landing upon any airport
operated by the Authority for all charges for fuel, landing fees and other fees and
charges for the use of the facilities of such airport by any such aircraft, when
payment of such charges and fees is not made immediately upon demand
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therefore to the operator or owner of the aircraft by a duly authorized employee
of the Authority. The lien for the full amount of the charges and fees due to the
Authority attaches to any aircraft owned or operated by the person owing such
charges and fees. Such lien may be enforced as provided by law for the
enforcement of warehousemen's liens in Florida. It is unlawful for any person to
remove or attempt to remove any such aircraft from such airport after notice of
the lien has been served upon the owner or operator thereof or after posting of
such written notice upon such aircraft. Any person who removes or attempts to
remove any such aircraft from the airport after service or posting of the notice of
the lien as herein provided, and before payment of the amount due to the
Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal
offense and misdemeanor within the meaning of Section 775.08, F/or/da
Statutes, and shall be punished as provided by law.
SECTION EIGHT. Annual Workshop; Budget and An.-.,_'=l Reports_
A. The Authority shall schedule and conduct one (1) workshop with tho
Board prior to submission of the Authority's tentative annual budget request. For
each fiscal year the Authority shall prepare a tentative annual budget including
revenues and expenses for the operation of the three airports during the ensuing
fiscal year. The budget shall be transmitted to the County A(~m,~is~.t~ Manager
for Board review and adoption on or before May 1, or otherwise in accordance
with the County's general budget policy or general law, whichever date is
earliest. Each proposed budget shall include an estimate of all planned and
contingent expenditures of the Authority for the ensuing fiscal year, plus an
estimate of all income to the Authority from all sources for that fiscal year and
shall include an update of the Authority's five-year Strategic Business Plan. The
Board shall consider the proposed budget item by item and may either approve
the budget as proposed by the Authority, or modify the same in part or in whole.
The budget of the Authority shall be adopted in the same manner provided, and
the times established by law for the adoption of the budget by the County. The
Authority shall be responsible for the implementation of the budget as approved
by the Board. The annual budget proposed by the Authority and approved by the
Board should continuously implement the Authority's five-year master plan.
B. By March 15th of each year, the Authority shall submit to the Board an
annual report on its activities and operations for the preceding fiscal year,
including an independent financial audit.
(C). For the December, March, June and September calendar quarters of
each year, the Authority, not later than forty-five (45) days following the end of
each quarter, shall deliver to the Board a quarterly financial report includinq the
status of grants and income from sub-leases, licenses, and other revenue
producinq items.
SECTION NINE. Administrative Code.
A. The Authority shall adopt an Administrative Code that prescribes details
regarding the powers, duties and functions of the officers of the Authority; the
conduct of the business of the Authority; the maintenance of records and the
form of other documents and records of the Authority. The Administrative Code
and amendments thereto are not subject to approval of the Board or of the
County A~,m~r,a~er Manager.
B. The Administrative Code shall organize the administration of the
Authority and shall detail the duties, responsibilities, policies, rules and
regulations of the Authority as delegated to the Authority by this Ordinance, by
other ordinances, by rules and regulations of the Board, or by special act of the
Legislature.
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SECTION TEN. Executive Director.
A. The Authority shall have an Executive Director to serve as the Authority's
chief operating officer. The Executive Director shall be hired by an affirmative
vote of the membership of the Authority subiect to (i) the Board approvin_q each
search for an Executive Director, (ii) the Board approvinq the individual
recommended to the Board for employment as Executive Director, and (iii) tho
Board approvin.q the proposed employment agreement. Subject to the provisions
of an Employment Agreement of the Executive Director, the Executive Director
may be terminated, with or without cause, by an affirmative vote of the
membership of the Authority.
B. The Executive Director shall work under the direction of the Authority.
C. The Executive Director shall be the chief operating officer of the Authority.
All executive and administrative responsibilities and powers specified herein shall
be assigned to and vested in the Executive Director.
D. The Executive Director shall:
1. Be responsible for the administration, management and operation of
the airports and airport facilities.
2. Formulate and prepare recommendations regarding policies, rules
and regulations, directives, programs, agreements, sub-leases, leases, contracts,
and all other documents which require consideration, action, or approval of the
Authority of the Board.
3. Implement all lawful directives of the Authority.
4. Prepare annual budget and the annual report for approval of the
Authority and the Board.
5. Recommend employment of, direct, supervise, and recommend
personnel actions regarding Authority employees in accordance with the
County's Human Resources Policies and Procedures, except to the extent those
Policies and Procedures do not apply to the Authority as exempted by the
Authority's Administrative Code. The Executive Director shall also direct and
supervise professional service providers engaged by the Authority.
6. Carry out such other powers and duties as may lawfully be assigned
hy the Authority.
E. The Executive Director shall be qualified by executive and administrative
experience. Minimum qualifications for the Executive Director are to be specified
in the Administrative Code. The compensation of the Executive Director as
specified in the applicable employment Agreement shall be set by the Authority in
accordance with the budget approved by the Board, and in accordance with the
County's Human Resources Policies and Procedures and Procedures, except to
the extent those Policies and Procedures do not apply to the Authority because
of exemptions provided for in the Authority's Administrative Code.
SECTION ELEVEN. Non-Interference.
A,-. Members of the Authority may communicate with employees, officers,
agents under the direct or indirect supervision of the Executive Director, including
professional service providers, for the purpose of inquiry or information. Except
for purposes of inquiry or information, no member of the Authority shall give
directions to or interfere with any employee, officer, agent, or with any
professional services provider under any direct or indirect supervision of the
Executive Director.
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SECTION TWELVE. Transfer of Property and Personnel.
A. The County has leased to the Authority for the consideration of ten
dollars ($10.00) all three Collier County airports and all real property
improvements thereon owned by the County. Subject to passage of a special act
of the Legislature authorizing same, the Board may convey the fee title to each of
the three airports to the Authority. Each such conveyance shall be subject to
existing applicable airport use and reversionary clauses in the chain of title, and
be subject to paragraph C of SECTION THIRTEEN, below.
B. The County has conveyed to the Authority all personal property related to
the three airports, including all personal property airport systems, equipment, and
materials then under the management, direction or control of the Board. All funds
received by the Authority from sale of durable assets purchased by the Authority
with funds from the County's General Fund shall be refunded by the Authority to
the County's General Fund.
C. Any County employees transferred to the Authority shall remain County
employees and be subject to the County's Human Resources Policies and
Procedures, except to the extent those Policies and Procedures do not apply to
the Authority because of exemptions provided for in the Authority's Administrative
Code.
SECTION THIRTEEN. Merger; Dissolution.
A. There shall be no merger involving the Authority and any other unit of
government without prior approval of the Board.
B. The charter of the Authority may b e revoked and the Authority
unilaterally dissolved by an Ordinance adopted by the Board. Such action by the
Board dissolving the Authority shall occur subject to (a) the legal rights of
bondholders, the Executive Director, and all employees of the Authority, and (b)
a dissolution plan adopted by the Board.
C. Dissolution of the Authority shall automatically transfer to the County all
right, title and interests to all real and personal property deeded, leased,
assigned to or otherwise conveyed by every means whatsoever to the Authority
along with all other property and interests in property otherwise acquired by the
Authority. Dissolution shall be subject to all contracts, other obligations and
indebtedness of the Authority.
SECTION FOURTEEN.
Adoption of Rules and Regulations Previously
Adopted by the Collier County Airport
Authority.
A. The Board of County Commissioners, pursuant to Section 332.08, Florida
Statutes, hereby adopts all of the following Rules and Regulations heretofore
adopted by the Collier County Airport Authority ("Authority"):
1. The Collier County Airport Authority Rules and Regulations for
General Aviation Airports, Collier County, Florida, applicable to the Everglades
Airport, to the Immokalee Regional Airport, and to the Marco Island Executive
Airport, adopted by the Authority as revised on February 11,2002 (17 pages).
2. The Collier County Airport Authority Minimum Standards for
Commercial and Non-Commercial Aeronautical Activities at the Immokalee
Regional Airport, adopted by the Authority as revised on February 11, 2002 (17
pages).
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9
3. The Collier County Airport Authority Minimum Standards for
Commercial and Non-Commercial Aeronautical Activities at the Everglades
Airpark, adopted by the Authority as revised on February 11, 2002 (17 pages).
4. The Collier County Airport Authority Minimum Standards for
Commercial and Non-Commercial Aeronautical Activities at the Marco Island
Executive Airport, adopted by the Authority as revised on February 11, 2002 (17
pages).
5. The Collier County Airpod Authority Administrative Code, adopted by
the Authority as revised on February 11,2002 (42 pages).
6. The Collier County Airport Authority Leasing Policy adopted by the
Airport as revised on February 11,2002, (19 pages).
B. ~ Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement
of violations of such Rules and Regulations as a second degree misdemeanor)
applies only to Rules and Regulations adopted by the Board. Future
amendments to such Rules and Regulations may not be enforced as a
misdemeanor pursuant to this Ordinance until each such respective future
amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida
Statutes, which may be by adoption of a Resolution of the Board subject to the
four (4) weeks public notice requirement. However, this limitation does not affect
enforcement of any such future amendment(s) to any such Rule or Regulation
except when the amended Rule or Regulation is to be enforced as a
misdemeanor. Violation of any such future amendment not yet then adopted by
the Board may be referred for enforcement to any Collier County enforcement
department and/or to any outside agency or entity, for enforcement by other
means.
C._=. ~ Every violation of any such Board adopted Rule and/or Regulation
shall be a separate violation of this Ordinance. Also, every individual who, while
in the presence of a law enforcement officer, either refuses to immediately obey
an oral order (instruction) to leave the airport, or to move his/her person to some
other part of the airport, or who is then committing any violation of any such Rule
or Regulation, or is committing a trespass anywhere in any secured area of an
airport, such law enforcement officer may arrest the violator without a warrant for
any such violation(s), which authority to arrest without a warrant is authorized by
subsection 901.15(1 ), Florida Statutes.
SECTION FIFTEEN. Trespass: Anywhere at Airport; Secured Areas.
A. It shall be a separate violation of this Ordinance for any individual to
refuse to immediately and completely obey an oral order (instruction) to leave the
airport, or to move his/her person to some other area of the airport, if the order
(instruction) is personally communicated to the individual by the Airport Manager,
or if the Airport Manager is not then and there available, by any employee who at
such time and place has authority to issue such an instruction.
B. It is a separate violation of this Ordinance for any individual to commit a
trespass into (or within) any secure area of any Collier County Airport, provided
signs are posted in conspicuous areas and such signs give notice that
unauthorized entry into the respective secured area constitutes a trespass, and
the signs specify the means that are available for gaining authorized access to
the respective secure area. Each such violation of this Ordinance shall subject
each such trespassing individual(s) to arrest by a law enforcement officer without
a warrant, on or off of the airport, as specified in subsection 901.15(15), Florida
Statutes, The Collier County Airport Authority is hereby authorized to designate
such secure area(s) as it deems appropriate by posting appropriate signs. Each
such trespass in any secured area of an airport is an independent violation of this
Ordinance irrespective of application of any Airport Authority Rule or Regulation.
Underlined text is added; o* .... ~--*~--,-,,,,-,~,
............. u,, text is deleted
10
SECTION SIXTEEN. Concealed Weapons; Concealed Firearms.
Any individual not then authorized by applicable law to carry a concealed
firearm or a concealed weapon into the passenger terminal of the airport, or into
any sterile area of any Collier County Airport shall thereby violate this Ordinance
and shall violate Subsection 790.06(12), Florida Statutes. The specified penalty
for such violation is not less than a misdemeanor of the second degree, as
specified in that statutory subsection. "Sterile area" is defined in that Statute as
"the area of the airport to which access is controlled by the inspection of persons
and property in accordance with federally approved airport security programs."
However, provided such action or possession is not then prohibited by federal
law, rule or regulation, that statutory provision does not prevent an individual
from carrying any legal firearm into the airport terminal provided each such
firearm is then encased for shipment for purposes of checking such firearm as
baggage to be lawfully transported on an aircraft. No such "firearm or weapon"
violation is a violation of this Ordinance because this field of regulation is wholly
preempted to the State of Florida by application of Section 790.33, Florida
Statutes.
SECTION SEVENTEEN. Penalties; Referrals Within Collier County
Government.
A. General Penalties; Continuing Violations. In this Ordinance the phase
"violation of this ordinance" means any of the following:
1. Doing an act that is prohibited or made or declared unlawful, or an
offense, or a misdemeanor by ordinance, or by rule or regulation authorized by
any Collier County ordinance.
2. Failure to perform an act that is required to be performed by any
Collier County Ordinance, or by Rule or Regulation authorized by any Collier
County Ordinance.
3. Failure to perform any act if the failure is declared a misdemeanor or
an offense, or otherwise unlawful or a violation by any Collier County Ordinance,
or by any rule or regulation authorized by Collier County Ordinance.
B. In this Ordinance, the phrase "violation of this ordinance" does not
include the failure of a Collier County officer or a Collier County employee, or any
officer or any employee of the Collier County Airport Authority, to perform a duty
or responsibility.
C. Except as may otherwise be specifically provided with regard to the
specific rule or regulation, an individual or entity convicted of a violation of any
such rule or regulation, or of an independent violation of this Ordinance, may be
punished by a fine not to exceed five hundred dollars ($500), and if the violator is
an individual, by imprisonment in the County Jail for a term not to exceed sixty
(60) days, or, if the violator is an individual, by both such fine and imprisonment.
With respect to any violation of this Ordinance that is continuous with respect to
time, each day the violation continues may be held by the respective forum (trier
of fact) to be a separate offense or separate violation.
D. Imposition of a felony penalty, or any misdemeanor penalty, or any civil
penalty, does not prevent or affect possible revocation or suspension of a
license, permit, contract or franchise, or affect imposition of any other civil
penalties, or affect imposition of any other administrative fines, action(s) or
penalties by any enforcement forum whatsoever.
E. Violations of any such rule or regulation, and/or any independent
violation(s) of this Ordinance, may be abated by injunctive or other equitable
relief, and no bond shall be required from the County or from the Authority; Nor is
Underlined text is added; o*-,,,',[--*~,- .... h
............. u,, text is deleted
11
proof of intent or scienter required by this Ordinance. No imposition of any fine
or any other penalty shall prevent any equitable relief whatsoever.
F. Every alleged violation(s) of any of such rule or regulation may be
referred by the Airport Authority, and/or by the Airport Authority's Executive
Director, for investigation and enforcement by any Collier County Code
Enforcement Board, or with respect to any vehicle for hire, to the Collier County
Public Vehicle Advisory Committee. All penalties then available to the referred to
Board, Committee, or department may be applied to each respective violators).
SECTION EIGHTEEN. Referral for Investigation or Enforcement to
Outside Law Enforcement Agencies.
A. Any suspected violation(s) of any of any such rule or regulation may be
referred by the Airport Authority, and/or by the Airport Authority's Executive
Director, to any appropriate outside law enforcement department, entity, or
agency, for investigation and/or enforcement as a misdemeanor of the second
degree as then punishable as such punishment is provided for in Section
775.082 or in Section 775.083, Florida Statutes.
B. Any officer or other employee of the Airport authority who suspects that a
violation of any such rule or regulation is occurring or is being committed, the
officer or employee is authorized to immediately notify the Collier County Sheriff's
Department, Office, or substation, if in that officer's or employee's judgment an
arrest or forcible restraint may be an appropriate response to the situation.
C. The Executive Director, and/or the Airport Authority, and/or the Airport
Manager of the respective airport (or such Airport Manager's designee) may refer
for investigation and enforcement any suspected violation of this Ordinance
and/or any Airport Authority rule and/or regulation that may be a violation of any
law, rule or regulation within the investigation and/or enforcement jurisdiction of
the respective entity to which the matter is referred, which may include the
Federal Government or any agency or sub-part thereof. Aisc, such referral need
not appear to be a violation of any Airport Authority rule or regulation or of any
Collier County Ordinance.
SECTION NINETEEN. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION TWENTY. Repeal of Ordinances.
This Ordinance repeals and supersedes Collier County Ordinances
numbered 90-29, and repeals and supersedes Ordinance No 95-67 as amended
by Ordinances numbered 99-10 and 2002-28.
SECTION TWENTY-ONE. Inclusion into the Code of Laws and
Ordinances.
This Ordinance shall be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish that result, and the word "Ordinance" may be changed to
"Section," "Article," or any other appropriate word.
Underlined text is added; ,=~r,
............. u-- text is deleted
12
SECTION TWENTY-TWO. Effective Date.
This Ordinance shall be effectively upon filing with the Department of State.
this
PASSED AND D~LY ADOPTEDy the Board of County Commissioners
? day of ~Y..~,~,. ~ b. 2004,
ATTEST:
DWIGHT E'. BROCK, Clerk
'"
Approved as to form and
legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIE,~C~OUNTY, FLO~BIDA
Donn~a Fiala, Chairman
This Ordinance filed wlth th~
S~cr~,tary of State's Office the
c.~d acknowledgerne~ that
fiiij~ received this % day
13
£X~ ..... "A"
Page 1 ot' 2
Legal OesCrlp~.ion
That certain Parcel of land lying and being parc of Section 26
and 35, To~'nship $1 SOuth, Range 26 £asc, Collie; Coun-
Florida, being more Particularly described as follo'~s:
Commence . ac "
_~; ~hence le N°r~h line ~l Section 2 ,
150,00 ~ ,,~.q~,Cer deser~e~NT Or n-~-~-run S12'0n'n~.'Z:u
o ~, e s~'O0'oo,,i~ n~ ,S~l'~a,l~,,~ en.!e il2"O0,on,,~n'e
~0,00 le~: ~henc S78'00,00,,~, a
~ ' ~n~ace
~henca N12'00 0~[N
feet; thence N56'11 '55"Z a dis%ante 188,~8 feet; L~ence
N12'00'00.W a d~s~ance of 3560,00 feecl thence S78"00,00,,~ a
dis%ante of 250,00 feet; thence N12'00'00,,w a distance of 1!70,00
.feet; thence N77'59 '56'~ a d~tan~e of 350,00 fee%; thence
N12'00'00.W a 'd~s~ance of 220,00 'feet; thence N78"00,05 E a
distance of 150,00 co 'the Poin~ of Beginning, .
$6,39
Containing
~XHIBIT "A"
RAGE 1 OF
P~ge 2 of' 2
EXHIB~IT A
PAGE 2' OF 2
·
;
EXHIBIT B
Page 1 of 2
PROPERTY D£SCR[PTION
COHHENCING AT THE NORTHWEST CORNER OF SECTION Z, TOWNsHIp (? $OUTN,
HEREIN' DESCRIBED, SAID POINT LYING ON TN[ NORTHErLy RIGHT OF VAT LINE
I. N 87' ¢Z,0,3~~
VAT LINE A V, ~,$80.11 FEET ALONG TH~ NORTHERLy RIGHT-OF.
- TE ROUTE 846 TO A
N 87' 43~ 00" Q; 397.63 feet TO A POINT]
N le 2~t 4~" ~ 1,808,Z4 FEET ALONG THE WESTERLY LINE OF
AIRPORT IO.A~ TO 'POINT]
6, N ~4' 38e IS" Vt 8~6,39 FEET TO A POINT]
7, N 18' ~3t 08" E, ~08,0~ FEET ALONG TN[ EASTERLY LINE Of
SEAGOAR~ COAST LINE RAILROAD TO A COflCMETE ~ONUMENT]
8. N 18* &61 49N [, 6,019,66 fEE! ALONG THE EASTERLY LINE OF
SIADOAR~ COAST LINE RAILROAO TO A CORER[II MONUN[NT/
S ate 481 S~" E, 1,636.03 ~EET TO A CONCRETE
10. $ 87' 06~ 44" E, S;316.~9 fEET FO A CONCRETE
11. S 86* 4Fe 44" [, 1,324.88 ~e[! ~0 A COKCRETe
18'. v, 1,380.47 FEE! TO A
02" V, ~,647.68 fEET TO A POINT]
$0" V, 1;3~$.39 fEET ro A POINt)
03" W; 1,982.30 PIE! TO A
11" W, 668.71 FEET To A
13.
14.
16.
17. N 67® 48' 37" V, 686.84 FEET To A POINT]
18. S 3° 15' 13".~, 1,334.67 fSiT TO A POINT;
19. N 88® 03f 00" V; 1,348.59 fEET TO A POINT/
b.~ 2Ilk. 8 3' 31' $6" V, 670.32 F[~T TO,.,]. POINT] 21. S 2' 18' 02" V, !,337.74 FEET TO A PO%HT/
22. N 88* lTO 37" W/ 666.68 ~[11 TO A POINT]
N 880 24 1
51" V, 681.41 feet ALONG THE NORTHERLy RIGIIT-OF-VAY
,OF STATE ROUTE 846 TO THE POINT Of BEGINNING; COHTAENING
1;396.9 ACRES; ~ORE OR
EXHIBIT B
PAGE 1 OF 2
J
EXHIBIT B
Page 2 of 2
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EXHIBIT B
PAGE 2 OF 2
PAGE 1 of 2
DEED DESCRIPTIONS FOR EVEF, GLADES A1RPORT
AIRPORT
A portion of tracts J,P,O, and Q, Town of Everglades
recorded in Plat Book 1, itt Pages 92, 93, and 94, in the
Public Records of Collier County, Florida more particularly
described as follows:
A parcel of land lying southwesterly of a line 250~00 feet
northeasterly and parallel of the center line of the Everglades
Airport runway and its extension from Chokoloskee Bay to garron
River, to Chokoloskee Bay on the SouLhwesL, said center line
described as follows:
Commencing at the N,E. corner of the N.W. ~ of the N.W.~ of
Settle,, 23, Township 53 South, Range 29 East, Tallahassee
Meridian ~own of Everglades (now City) Collier Count}, Florida.
'Thence S 89° 59' 20" W along north line of the N.W. ~ of N.W.~
of said Section 23, 934.51 ~e,!t to a point on the said center
line of runway'; . thence S bo~ 27' 02" E along ~aid center line
1145.14. feet Co an iron pipe marking the shoreline of Chokoloskee.
,. Bay and being "The Point of Beginning" thence N 30° 27' 02" W
i~a~ong said center line and its extensions 2658.31 feet to an
iron pipe marking :he shorelire of Barren River,.end of center
line description; except the east 105 fee: more or less of the
sa~id N.W. ~ of the N.W. ~ of said SecCton 23. Containing
27.30 acres more o:' les~. -
PARKING LOT
Cormmencing at the N.E. corner of ~he N.W. )~ of the N.W. -~
of Section 23, Township 53 South, Range 29 East, l'allahassee
Meridian, Everg;ades City, Cnllier County, Flo~k~ thence S
89~ 59' 20" W ~long north line of the N.I¢. ~ of ~.W. ~ of
said Section 23, 914.~1 feet to a polat on the center line
of Everglades Airport runway; thence S 30~ 27" O2" E along
~aid center line of runway 12.50 feet ~o a point; thence
~ 590 32' 58" E 250.00 fee~ LO a point on the northumsterly
boundary line of Airpor~ property being "The Point of Begil~nJng"
thence continuing N 59" 32' 58" E 200 feet to a poinL; thence
S 30° 27' 02" E 400 feet Lo a point; ~hence S 59° 32' 58" L'
200 feet Lo a point; on ~he aforesaid northeasterly boundary
line; thence N 300 2~' 02" W along said northeasterly boundary
line 400 feec to the Point of BegJanlng containing I 84 acres
~ore or less. ·
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EXHIBIT C
PAGE 2 OF 2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-03
Which was adopted by the Board of County Commissioners on
the 27th day of January, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of January, 2004.
DWIGHT E BROCK ',~'~'
Clerk of Courts and Cle~r~
Ex-officio tO Board of
County CommiSsiOners
Deputy Clerk