§ 3-76. Preamble and scope.

The Hernando County Board of County Commissioners ("BOCC"), as the owners and operators of the Brooksville-Tampa Bay Regional Airport (hereinafter known as the "airport" or "airport management"), being responsible for all aspects of the administration of this public, general aviation facility, and in order to foster, encourage and ensure the economic growth and the safe and orderly development of aviation and related aeronautical activities at the airport for the users of the airport, has established certain standards and requirements for its commercial aviation operators (hereinafter referred to as "operator") as provided in these standards.

Various federal documents were utilized to provide guidance and compliance requirements for using and leasing airport facilities at the airport, including:

FAA Federal Grant Assurances.

FAA Order 5190.6 Airport Compliance Program.

FAA Order 5100.38A Airport Improvement Program Handbook.

FAA Advisory Circular 150/5190-6 Exclusive Rights at Federally Obligated Airports.

FAA Advisory Circular 150/5190-7 Minimum Standards for Commercial Aeronautical Activities.

(1)

Purpose of minimum operating standards. Owners of public airport facilities that obtain federal and/or state financial assistance have certain responsibilities and obligations to ensure that business is being conducted without discrimination or prejudice and also to make certain that their commercial operators have the insurance, financial means, expertise and ability to conduct business at the airport. The following minimum operating standards were developed to promulgate fair business practices and nondiscrimination and also to protect the interest of the airport's existing and future business operators. Prior to receiving permission to conduct an aeronautical activity or other endeavor on the airport, the person, firm, or corporation selected to perform the activity must meet the applicable requirements herein governing the type and size of facilities along with the quality and level of services that are offered to the public. These minimum operating standards shall be deemed a part of each commercial airport operator's lease, license, permit or agreement unless provisions are intentionally waived or modified by the BOCC within the agreement itself.

(2)

Applicability of minimum operating standards. Unless expressly omitted from the lease agreement or waived in accordance with the following paragraph, these minimum operating standards are applicable to all persons providing commercial aeronautical or aviation related activities or services to the public at the Brooksville-Tampa Bay Regional Airport.

(3)

Waiver of minimum operating standards. Airport management may also waive or modify any portion of these minimum operating standards for any person when it is determined that such waiver or modification is in the best interest of the public users and the BOCC provided that it will not result in unjust discrimination among existing commercial airport operators. The mere omission of any particular standards from a commercial airport operator's written lease, license, permit or agreement with the BOCC shall not constitute a waiver or modification of such standard in the absence of clear and convincing evidence that the BOCC intended to waive or modify such standard.

(4)

Noncompliance to minimum operating standards. Unless otherwise omitted from the lease or waived in accordance with the previous paragraph, the minimum operating standards and insurance requirements specified within this document are considered a mandatory component of each operator's lease agreement, permit, or license agreement. Any lessee who is deemed by the airport manager or BOCC to be found in violation of these minimum standards will be considered as a breach of their contract and grounds for the BOCC to terminate said contract. Any independent operator or through-the-fence operator who is found providing aviation services to the public at the Brooksville-Tampa Bay Regional Airport without a permit from the airport manager and/or the BOCC may be charged with criminal trespass and prosecuted to the extent of the law for doing such.

(5)

Exceeding of minimum operating standards. These minimum operating standards are intended to be the minimum threshold requirements for those desiring to provide commercial aeronautical or aviation related services to the public at the airport in accordance with the rules and regulations of the Federal Aviation Administration ("FAA"), restrictions of public record, and chapter 3 of the Hernando County Code of Ordinances. The requirements set forth herein are the minimum standards which are applicable to each type of business that conducts commercial aeronautical activities at the Brooksville-Tampa Bay Regional Airport. The fact that these standards have been established in no way guarantees that sufficient insurance coverage, space, or other amenity is adequate to satisfy the needs of each type of operation.

(6)

Nonobligation of BOCC to provide facilities necessary to meet minimum standards. The standards listed within this document in no way obligate the BOCC to pay for, finance, construct, improve, or otherwise provide the facilities needed to allow the tenant to comply with such standards. Unless the lease agreement specifically indicates that the BOCC will pay for or provide such improvements, it is the lessee's responsibility to pay for, finance, construct, improve, or otherwise provide the facilities needed to comply with the minimum standards indicated in this document.

(7)

Updating of minimum operating standards. The minimum operating standards may be supplemented, changed, modified or amended by the BOCC from time to time, and in such manner and to such extent as is deemed proper. The update of such standards shall not be retroactive and shall not affect any contractual relationship presently existing or pending between the BOCC and its operators.

Any new application for a lease, contract or agreement, entered into with an applicant after the amended or supplemented minimum standards have been adopted by BOCC, shall be required to comply with the newly adopted minimum standards herein.

(8)

Prohibition of exclusive rights. In accordance with the FAA Airport and Airway Improvement Act of 1982, all airports that have been developed or improved with federal or state grant assistance are required to operate for the use and benefit of the public for all types of aeronautical activity without permitting an exclusive right. However, an airport can deny any operator the right to engage in any activity that negatively affects safety or efficiency or that does not fulfill the requirements of the application process. The FAA is the final authority in determining what constitutes a compromise in safety.

The BOCC reserves the right to exercise its exclusive proprietary rights to be the sole provider of any or all aeronautical services at the airport.

(9)

Operator's responsibility to comply with all applicable rules and regulations. It is the operator's responsibility to be familiar with and comply with all local, federal, state, and national rules, regulations, and various code requirements that may apply to the type of aeronautical activities being conducted. These may include, but not be limited to, Hernando County's Code of Ordinances, FAA Code of Federal Regulations, Environmental Protection Agency (EPA), National Fire Protection Agency (NFPA), Airport Rules and Regulations, Operating Directives, as well as State of Florida Administrative Code. The BOCC does not assume responsibility for or guarantee that the standards within are adequate to comply with all applicable rules and regulations which may exist and pertain to the type of aeronautical activities being conducted by the operator.

(10)

Aircraft service by aircraft owner/operator. Nothing in these minimum operation standards shall prevent any person, firm or corporation from performing any maintenance, repair or other services on their own aircraft. Servicing of owner aircraft must be provided in facilities where the service that is performed was intended for such use and as indicated in lease agreement between the BOCC and the lessee.

Only aircraft preventative maintenance as defined by 14 CFR Part 43, Appendix A, Paragraph C and Advisory Circular 43-12A may be performed in any T-hangars, shade hangars, or dome hangar facilities.

(11)

Hernando County Board of County Commissioners rights. The lessor reserves the right, but shall not be obligated to lessee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of lessee in this regard.

The BOCC reserves the right to further develop or improve any airport property in accordance with the currently approved airport layout plan (ALP), and without unreasonable interference or hindrance from its tenants or users. The BOCC will not be responsible for and/or will not compensate or credit its operators for losses related to airport maintenance or improvement projects.

(Ord. No. 2016-3, § 1(Exh. A, pt. I), 2-9-16)