Florida/Georgia Personal Injury & Workers Compensation

...used by such municipalities in the manner and for the purposes enumerated in this chapter shall be and are hereby declared to be acquired and used for public, governmental and municipal purposes and as a matter of public necessity." (Emphasis added) Section 332.08, Florida Statutes, F.S.A....

...In this instance, however, the Appellants argue that by the enactment of Chapter 332, the Legislature has made a binding factual determination that property acquired under that Chapter and used by a municipality for an airport is being used for a public purpose. [2] Appellants point out that Section 332.08 even recognizes the propriety of leasing portions of the land not then required for aeronautic purposes....

...rport and later find that much of the property was not required for use in connection with the maintenance of the airport. Under those circumstances, having originally acquired the property for the airport, the municipality would be authorized under Section 332.08 to lease it to private interests, but it would be an anomaly to permit such property to remain off the tax rolls....

...Appellees' position rests upon its construction of the Airport Law of 1945 which has been codified as Chapter 332, Florida Statutes. In Fla. Stat. § 332.01(1) (1973), the term "municipality" is defined to mean any county, city, village or town of the state. Fla. Stat. § 332.08 (1973) says: "......

...This does not follow. The basic powers of the county commissioners and the limitations thereof are set forth in Chapter 125. In the absence of a specific legislative declaration to that effect, the fact that counties which operate an airport are authorized under § 332.08 to enter into long term leases for purposes consistent with the use of the airport does not give the county the right to ignore the competitive bidding requirements which would be otherwise applicable to the leasing of county property....

...501. The county argued that because the statute authorizing municipalities (including counties) to operate airports does not specifically require bidding, no bidding was necessary. The court disagreed, saying the fact that counties are authorized by section 332.08 to enter into long term leases does not give a county the right to ignore the competitive bidding requirements which would be applicable otherwise....

...3d DCA 1986)(Florida courts approve the use of public land by private enterprise if the public interest or benefit is significant enough). Publically owned property acquired for airport purposes, which in the judgment of the governing body is not required for aeronautic purposes, may be leased. Section 332.08(4), Florida Statutes....

...Though not applicable to the JAA, which is governed by its Charter, see Furnams, 377 So.2d at 987 (inasmuch as authority is governed by the provisions of the special acts that control it, authority not required to advertise for bids to lease property under provision requiring counties to do so), Section 332.08(4) evinces the state Legislature's recognition that airports can properly lease its nonaeronautical land....

air navigation facilities. Section 332.02. Section 332.08(4) provides for the sale or lease of any property

...Lapp: You ask substantially the following question: Pursuant to section 125.35 (1)(b)1., Florida Statutes, may the county negotiate a lease of its airport property to a private party for use as a public airport for a term in excess of 30 years, notwithstanding section 332.08 (3), Florida Statutes? In sum: Section 125.35 (1)(b)1., Florida Statutes, authorizes the county to negotiate a lease of its airport property to a private party for a length of term and under such conditions the board of county commissioners determines is in the best interest of the county....

...212.20 ; under such terms and conditions as negotiated by the board." (e.s.) Section 125.35 (1)(b)1., Florida Statutes, has been interpreted by this office to allow a board of county commissioners to lease county airport property for a term determined by the commission to be in the best interest of the county. 3 While section 332.08 , Florida Statutes, 4 makes provisions for the lease of airport property by municipalities, 5 this office has concluded that the more recent and specific provisions in section 125.35 , Florida Statutes, dealing particularly with the po...

...s the governing body in its discretion determines to be beneficial to the county) and 94-96 (1994) (section 125.35 [1][a], Fla. Stat., authorizes the county to grant a lease of airport property to a private party for a term of more than 30 years). 4 Section 332.08 (3), Fla....

...5 Section 332.01 (1), Fla. Stat., defines "[m]unicipality" for purposes of Ch. 332 , Fla. Stat., to include "any county, city, village, or town of this state." 6 See Op. Att'y Gen. Fla. 94-96 (1994). And see s. 8, Ch. 22846, Gen. Laws of Fla. (1945), creating s. 332.08 , Fla....

...Stat., has been subsequently amended by Ch. 99-190 , Laws of Fla., to clarify local governments' authority to lease airport property since the 1994 opinion was issued, such amendment does not alter the county's authority; compare to the latest amendment to section 332.08 , Fla....

...You, therefore, ask whether the city may lease airport property for more than 30 years. According to your letter, section 1.06 of the city charter permits the city to "sell, lease, hold, manage, rent, control or dispose of any and all property, either real or personal, in any manner it may see fit." You refer to sections 332.08 (3) and (4), Florida Statutes, relating to property acquired for airport purposes. Section 332.08 , Florida Statutes, provides: "In addition to the general powers in ss....

...Such property may be disposed of in accordance with state law or the city charter. The subsection does not impose a 30-year limit on such a lease. According to your letter, the property in question is not needed for airport purposes and would be leased for non-aeronautic purposes. Thus, the provisions of section 332.08 (4), Florida Statutes, would appear to govern these leases....

...You refer to Attorney General Opinion 94-96, in which this office considered whether Dade County could lease the non-airfield portion of the county airport to a private party for more than 30 years. 2 The opinion considered the provisions of sections 332.08 (3) and 125.35 (1)(a), Florida Statutes, and concluded that since section 125.35 (1)(a) was enacted later in time and was a more specific expression of legislative intent, it controlled, thus authorizing the county to grant a lease to a privat...

...This office was advised that the lease would be an aeronautical lease as the entire property was required to be used for aeronautical or aviation purposes, including both the non-airport portion and the airfield portion. Thus, since the lease was for aeronautical purposes, subsection (3) rather than subsection (4) of section 332.08 , Florida Statutes, was considered. In the instant inquiry, however, the lease of property is clearly for non-aeronautical purposes; thus, the provisions of section 332.08 (4), Florida Statutes, would appear to be applicable....

...enforce the restriction exactly as originally enacted in 1973,” as a “ban on all jet aircraft.” The County also argued that the 1988 ordinance didn’t re- peal the 1973 regulation, both because the 1988 ordinance wasn’t adopted by resolution as required by Fla. Stat. § 332.08(2) and be- cause it wasn’t “intended to substantively alter any of the Lantana- specific restrictions.” And the County asserted that it complied with Grant Assurance 22 because subsection (i) of that assurance allows airport proprieto...

Mr. Thomas P. Abbott Metropolitan Dade County Attorney Aviation Department Post Office Box 592075 AMF Miami, Florida 33159 Dear Mr. Abbott: You have asked for my opinion on substantially the following question: Pursuant to sections 125.35 or 332.08 , Florida Statutes, is the Board of County Commissioners of Dade County authorized to grant a lease to a private party for the purpose of operating and developing the non-airfield portion of a county airport for a period exceeding 30 years? In...

...operation or facility lease is being considered, and the improved leasehold has an appraised value in excess of $20 million — a county commission may grant an airport operation or facility lease for any term that it determines is appropriate. Section 332.08 (3), Florida Statutes, also makes provision for the lease of airport property by a county....

...ith the purposes of ss. 332.01 - 332.12 , space, area, improvements, or equipment on such airports. . . . This section is similar to the provisions of section 125.35 , Florida Statutes, in that both provide for leases of airport facilities. However, section 332.08 (3), Florida Statutes, clearly limits the terms of any such lease to thirty years. The language of section 332.08 , Florida Statutes, came into the statutes in 1945 and was last amended in 1971....

...l expression on the same subject. 6 Section 125.35 , Florida Statutes, deals particularly with the power of counties to lease and sell real property and subsection (1)(a) provides requirements for airport operation or facilities leases. In contrast, section 332.08 (3), Florida Statutes, more generally authorizes counties, municipalities, towns and villages 7 to lease airport facilities under certain conditions....

...r authority is more specific to this situation than is a statute providing leasing authority for local governments in general. Thus, applying the foregoing rule of construction, section 125.35 , Florida Statutes, would prevail over the provisions of section 332.08 (3), Florida Statutes....

of the Airport Law of 1945, Ch. 332, F. S. Section 332.08(3), F. S., authorizes municipalities to lease

forth in the statute have been met.2 While section 332.08, Florida Statutes, makes provisions for the

...hapter 125 or Chapter 332, Florida Statutes. We hold that even if sovereign immunity is applicable, that it was effectively waived herein. 1 We agree with appellant that when various provisions of Chapter 125, Florida Statutes are read together with § 332.08(3), Fla.Stat....

...to enter into the precise type of lease agreement which is the subject of this appeal, but is also expressly authorized by general law to repair and maintain such leased premises — the particular clause of the contract at issue in this litigation. Section 332.08(3), Fla.Stat....

...ty and, therefore, waive enforcement of the reverter clause. No comment is expressed herein regarding the terms of the original deed to the State of Florida or the implications of federal law on the transfer of the property. Question One Pursuant to section 332.08 , Florida Statutes, a county 1 may lease airport property to private parties for operation and lease or assign to private parties a space, area, improvement, or equipment on such airport for a limited period and for use consistent with the act. 2 The statute further authorizes a county to sell any part of such airport to any municipal or state government or the United States for aeronautical purposes. 3 Section 332.08 (4), Florida Statutes, however, speaks specifically to the authority of a county to sell or lease airport property "which, in the judgment of its governing body, may not be required for aeronautic purposes[.]" Thus, it would appear that the provisions in section 332.08 , Florida Statute, limit a county's authority to sell part of its airport property for aeronautical purposes only to another municipality (county), the state government, or the United States, but imposes the requirement that the sale o...

...You have cited two previous opinions of this office to assert that the provisions in Chapter 125 , Florida Statutes, governing the disposition of property by a county would control the sale of airport property by the county, since pertinent provisions in Chapter 125 4 were enacted later in time than section 332.08 , Florida Statutes....

...In Attorney General Opinion 94-96, this office was asked whether a county commission was authorized to grant a lease in excess of 30 years to a private party for the purpose of operating and developing the non-airfield portion of a county airport. The opinion contrasted section 332.08 (3), Florida Statutes, limiting the lease of airport property to a period not exceeding 30 years, with section 125.35 , Florida Statutes, authorizing the lease of airport property for any period a county commission deems appropriate wh...

...6 The Legislature did not do so. This office cannot add language where the Legislature has chosen to remain silent, nor may it extend the reach of Chapter 125 , Florida Statutes, to the sale of airport property when there are specific provisions in section 332.08 , Florida Statutes, governing such transactions....

...7 The conclusions in Attorney General Opinions 94-96 and 99-35 are based upon application of the rule of statutory construction that legislation later in time controls. Such rationale may not be applied to the sale of airport property, since the more specific provisions relating to the sale of airport property are located in section 332.08 , Florida Statutes. 8 Section 332.08 , Florida Statutes, speaks specifically to the sale of airport property and constitutes the Legislature's direction as to the manner in which such a sale will be accomplished....

...for aeronautical purposes to public entities. Subsection (4) authorizes the sale of such property when the county no longer needs the property for aeronautical purposes, without restriction as to whether the purchaser is a public or private entity. Section 332.08 , Florida Statutes, was enacted prior to sections 125.35 and 125.39 , Florida Statutes. 10 There is no indication that the more specific provisions in section 332.08 relating to the sale of airport property by a county, however, were amended or repealed by the enactment of the later statutes governing the general purchase or sale of county property. 11 The more specific terms of section 332.08 , Florida Statutes, would control over the general grant of authority to purchase and dispose of real property in Chapter 125 , Florida Statutes. Accordingly, it is my opinion that section 332.08 (4), Florida Statutes, authorizes the county to sell its county-owned airport to a private party when the governing body of the county has determined that the county no longer needs the property for airport purposes....

...perty. Sincerely, Pam Bondi Attorney General PB/tals 1 Section 332.01 (1), Fla. Stat., defines "[m]unicipality" to include "any county, city, village, or town of this state" for purposes of Ch. 332 , Fla. Stat.; clearly, therefore, the provisions in section 332.08 , Fla. Stat., would apply to an airport owned by a county. 2 See s. 332.08 (3), Fla....

...Sea Isle Hotel , 56 So. 2d 341 , 342 (Fla. 1952); Thayer v. State , 335 So. 2d 815 , 817 (Fla. 1976) (legislative direction constitutes an implicit prohibition against its being done in any other manner). 10 See s. 8, Ch. 22846, General Laws of Fla. (1945), creating s. 332.08 , Fla....

...of Florida by chapter 332 , Florida Statutes, known as the Airport Law of 1945." 12 The Airport Law of 1945, Chapter 322 , Florida Statutes, expressly grants local governments substantial extraterritorial powers to establish and operate airports. 13 Section 332.08 (2)(a), Florida Statutes, provides that a local government may "adopt and amend all needful rules, regulations, and ordinances for the management, government, and use of any properties under its control ....

...powers. 14 The Sanford Airport Authority is granted this power by section 11(4)(f), Chapter 71-924, Laws of Florida. In sum, it is my opinion that the Sanford Airport Authority is authorized by section 11(4)(f), Chapter 71-924, Laws of Florida, and section 332.08 (2)(a), Florida Statutes, to create its own airport guards or police with full police powers within the territorial limits of the airport authority district....

...intained by the airport authority. No information was provided to this office indicating that the Legislature had made the Airport Law of 1945 applicable to the Titusville-Cocoa Airport Authority and the opinion does not consider the implications of section 332.08 (2)(a), Florida Statutes.

support and for airport security programs. Section 332.08(2)(a), F. S., provides that a municipality

for modifications of approved MBIs. 33 C.F.R. § 332.8(d)(2). To receive a modification, the sponsor-in