HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1123 Commercial Service Airport Transparency and Accountability
SPONSOR(S): State Affairs Committee, Transportation & Modals Subcommittee, Gossett-Seidman, Casello
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1646
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 18 Y, 0 N, As CS Johnson Hinshelwood
2) State Affairs Committee 15 Y, 0 N, As CS Wagoner Williamson
3) Infrastructure Strategies Committee 20 Y, 0 N Johnson Harrington
SUMMARY ANALYSIS
Florida is home to 20 commercial service airports. In 2020, the Legislature required certain transparency and
accountability from commercial service airports. Under the 2020 law, an airport’s governing body must
establish and maintain a website to post specified information including:
A link to the Airport Master Plan for the commercial service airport on the Federal Aviation
Administration’s (FAA’s) website.
Any contract or contract amendment executed by or on behalf of the commercial service airport in
excess of $65,000.
That law also required commercial service airports to be subject to state procurement laws for the purchase of
commodities or contractual services in excess of $65,000. Finally, that law prohibited any contract in excess of
$325,000, from being approved as part of a consent agenda; rather, such contract was made subject to
approval by the airport’s governing body.
The bill amends the law relating to transparency and accountability of commercial services airports by:
Defining the term “consent agenda”.
Changing the requirement for posting a link to the Airport Master Plan on the FAA’s website to instead
requiring the governing body to provide a link to the plan on the airport’s website.
Amending the requirements for posting a contract to the airport’s website such that only contracts for
the purchase of commodities or contractual services in excess of $325,000, up from $65,000, would be
posted on its website. Contracts not pertaining to the purchase of commodities or contractual services
would not be posted to the airport’s website.
Increasing the threshold from $65,000 to $325,000 such that the commercial service airport must use
the competitive solicitation process for purchases of commodities or contractual services over
$325,000.
Amending the requirements for receiving approval of a governing body for any contract for commodities
or contractual services over a threshold amount ranging from $500,000 to $1.5 million, based upon the
size of the airport, which would need approval by a governing body as a separate line item (not a
consent agenda). The current statutory requirement is $325,000.
The bill does not have a fiscal impact on the state or private sector and has an indeterminate fiscal impact on
local governments that operate commercial service airports.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida is home to 20 commercial service airports and 108 general aviation airports. 1 Additionally, there
are hundreds of small private airports. Commercial service airports are publicly-owned airports that
have at least 2,500 passenger boardings each year and receive scheduled passenger service. Included
in the definition of commercial service airports are large, medium, small, and non-hub airports. General
aviation airports are airports that do not have scheduled service or have less than 2,500 passenger
boardings each year.2
Florida’s commercial service airports range in size from large-hub airports 3 with over 20 million annual
passenger boardings to small municipal airports with approximately 10,000 annual passenger
boardings.4 As of 2019, commercial service airports in Florida support approximately 1.1 million jobs,
have a total annual payroll of approximately $47.3 billion, and a total annual economic impact of
approximately $144 billion.5
Airport Oversight and Funding
The Federal Aviation Administration (FAA) is responsible for planning and developing a safe and
efficient national airport system, including all programs related to airport safety and inspections and
standards for airport design, construction, and operation.
In Florida, the Department of Transportation (DOT) is responsible for planning airport systems and
overseeing the public airport system.6 The owner or lessee of a proposed public airport7 must receive
DOT approval before site acquisition, construction, or establishment of a public airport facility. 8 DOT is
also responsible for licensing public airport facilities prior to the operation of aircraft to or from the
facility and must inspect such facilities prior to licensing or license renewal. 9 Current law authorizes
local governments to establish and operate airports 10 and governs airport zoning and land use issues. 11
Neither state law nor federal law establish requirements for airport governance or ownership. As such,
Florida airports operate under either a government department model (where the airport operates as a
department of the local government) or an airport authority model (where the airport authority is created
as either an independent or a dependent special district). Because airports are generally governed and
subsumed as part of local governments, state law provides for very little oversight and accountability.
DOT’s work program identifies aviation development projects and discretionary capacity improvement
projects. To the maximum extent possible, DOT’s work program must remain consistent with the
Florida Aviation System Plan and any approved and applicable local government comprehensive plans.
DOT’s work program also includes any project with funds administered by DOT, but undertaken and
implemented by the airport operator. DOT’s aviation program provides assistance to airports in the
1 Department of Transportation, Florida Aviation System Plan 2035, Policymakers Primer. https://www.fdot.gov/aviation/FASP2035 (last
visited Mar. 8, 2023).
2
49 U.S.C. § 47102.
3 Large-hub airports are commercial service airports that have at least 1 percent of the passenger boardings in the United States.
4 FAA, Commercial Service Airports, Rank Order based on calendar year 2021, Sep. 16, 2022.
https://www.faa.gov/sites/faa.gov/files/2022-09/cy21-commercial-service-enplanements.pdf (last visited Mar. 8, 2023).
5 Department of Transportation, Florida Statewide Aviation Economic Impact Study, March 2019. Executive Summary. Available at:
https://www.fdot.gov/aviation/economicimpact.shtm (Last visited Feb. 24, 2023).
6 S. 332.001, F.S.
7 For purposes of DOT approval and licensure of an airport, the term “public airport” means a publicly or privately-owned airport, which
is open for use by the public. s. 330.27(6), F.S.
8 S. 330.30(1), F.S.
9 S. 330.30(2), F.S.
10 See chapter 332, F.S.
11 See chapter 333, F.S.
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areas of access, economic enhancement, development, improvement, and land acquisition in the way
of matching funds. These matching funds assist local governments and airport authorities in planning,
designing, purchasing, constructing, and maintaining public use aviation facilities.12
For Fiscal Year 2022-2023, DOT was appropriated approximately $314.5 million from the State
Transportation Trust Fund for Aviation Development Grants, 13 available to both commercial service
airports and general aviation airports.
State Procurement Law
Chapter 287, F.S., provides statutory requirements for the procurement of goods and services by the
state. The Legislature recognizes that fair and open competition is a basic tenet of public procurement.
It is essential to the effective and ethical procurement of commodities and contractual services that
there be a system of uniform procedures utilized by state agencies in managing and procuring
commodities and contractual services, that detailed justification of agency decisions in the procurement
of commodities and contractual services be maintained, and that adherence by the agency and the
vendor to specific ethical considerations be required. 14
Section 287.017, F.S. creates the following thresholds for purchasing categories:
CATEGORY ONE: $20,000.
CATEGORY TWO: $35,000.
CATEGORY THREE: $65,000.
CATEGORY FOUR: $195,000.
CATEGORY FIVE: $325,000.
Depending on the cost and characteristics of the needed goods or services, agencies may utilize a
variety of procurement methods, which include:
Single source contracts, which are used when an agency determines that only one vendor is
available to provide a commodity or service at the time of purchase;
Invitations to bid, which are used when an agency determines that standard services or goods
will meet needs, wide competition is available, and the vendor’s experience will not greatly
influence the agency’s results;
Requests for proposal, which are used when the procurement requirements allow for
consideration of various solutions and the agency believes more than two or three vendors exist
who can provide the required goods or services; and
Invitations to negotiate, which are used when negotiations are determined to be necessary to
obtain the best value and involve a request for highly complex, customized, mission-critical
services.15
For contracts for commodities or services in excess of $35,000, agencies must utilize a competitive
solicitation process; however, specified contractual services and commodities are exempt from this
requirement, including, but not limited to, procurements requiring emergency action, purchases made
from a state term contract, and commodities and contractual services available only from a single
source.16
Commercial Service Airport Transparency and Accountability
In 2020, the Legislature created s. 332.0075, F.S., relating to commercial service airport 17 transparency
and accountability.18
12 S. 332.007(2), F.S.
13 Ch. 2022-156, Laws of Fla., Specific Appropriation 1941.
14 S. 287.001, F.S.
15 See ss. 287.012(6) and 287.057, F.S.
16 See s. 287.057(3), F.S.
17 Section 332.0075(1)(a), F.S., defines the term “commercial service airport” to mean a primary airport as defined in 49 U.S.C. s.
47102 which is classified as a large, medium, or small hub airport by the Federal Aviation Administration.
18 Ch. 2020-167, Laws of Fla.
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Under s. 332.0075, F.S., each airport’s governing body19 must establish and maintain a website to post
information relating to the operation of a commercial service airport, including:
All published notices of meetings and published meeting agendas of the governing body.
The official minutes of each meeting of the governing body, which must be posted within seven
business days after the date of the meeting in which the minutes were approved.
The approved budget for the commercial service airport for the current fiscal year, which must
be posted within seven business days after the date of adoption. Budgets must remain on the
website for two years after the conclusion of the fiscal year for which they were adopted.
A link to the Airport Master Plan for the commercial service airport on the FAA’s website.
A link to all financial and statistical reports for the commercial service airport on the FAA’s
website.
Any contract or contract amendment executed by or on behalf of the commercial service airport
in excess of $65,000, which must be posted no later than seven business days after the
commercial service airport executes the contract or contract amendment.
Position and rate information for each employee of the commercial service airport, including, at
a minimum, the employee's position title, position description, and annual or hourly salary. 20
Notwithstanding any other provision of law to the contrary, commercial service airports are subject to
ch. 287, F.S., for purchases of commodities or contractual services which exceed $65,000. If the
purchase of commodities or contractual services exceeds $65,000, the purchase may not be made
without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies
unless an exception applies as provided in s. 287.057(3), F.S., or an immediate danger to the public
health, safety, or welfare or other substantial loss to the commercial service airport requires emergency
action.21
A governing body must approve, award, or ratify all contracts executed by or on behalf of a commercial
service airport in excess of $325,000 as a separate line item on the agenda and must provide a
reasonable opportunity for public comment. Such contracts may not be approved, awarded, or ratified
as part of a consent agenda.22
Effect of the Bill
The bill amends s. 332.0075, F.S., relating to commercial service airport transparency and
accountability.
The bill defines the term “consent agenda” to mean an agenda which consists of items voted on as a
group and which does not provide the opportunity for public comment on each such item before
approval or disapproval by the governing body.
The bill changes the requirement for each commercial service airport to have a link to the Airport
Master Plan on the FAA’s website to having a link to the plan on the commercial service airport’s
website.
The bill amends the requirements for posting a contract to the airport’s website such that only contracts
for the purchase of commodities or contractual services in excess of $325,000, up from $65,000, would
be posted online. Contracts not pertaining to the purchase of commodities or contractual services
would not be posted online.
The bill increases the threshold from $65,000 (CATEGORY THREE) to $325,000 (CATEGORY FIVE)
such that the commercial service airport must use the competitive solicitation process for purchases of
commodities or contractual services over $325,000.
19 Section 332.0075(1)(c), F.S., defines the term “governing body” to mean the governing body of the county, municipality, or sp ecial
district that operates a commercial service airport.
20 S. 332.0075(2), F.S.
21 S. 332.0075(3)(a), F.S.
22 S. 332.0075(3)(b), F.S.
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The bill amends the requirements for receiving approval of a governing body for contracts for
commodities or contractual services over a threshold amount as a separate line item on the governing
body’s agenda with reasonable opportunity for public comment such that only contracts over the
following amounts need be approved by a governing body:
For a small hub airport:23 contracts exceeding $500,000.
For a medium hub airport:24 contracts exceeding $1 million.
For large hub airports:25 contracts exceeding $1.5 million.
A contract that exceeds the above amounts may not be approved, awarded, or ratified as part of a
consent agenda.
The bill has an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1 Amends s. 332.0075, F.S., relating to commercial service airports; transparency and
accountability; penalty.
Section 2 Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate, positive fiscal impact on local governments operating
commercial service airports due to the increase in the thresholds that trigger a competitive
solicitation, posting online, and approval by the governing body.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
23 The term “small hub airport” means a commercial service airport that has at least 0.05 percent but less than 0.25 percent of the
passenger boardings. 49 U.S.C. § 47102(25).
24 The term “medium hub airport” means a commercial service airport that has at least 0.25 percent but less than 1.0 percent of the
passeng