Just how independent an independent authority can be in Jacksonville could be a question the courts have to answer.
It shouldn’t be, however. Cooler heads need to prevail in an argument that has been brewing between the City Council and Jacksonville Aviation Authority for years.
From 1963 to 2001 the airports were under the Jacksonville Port Authority but the late Mayor Ed Austin, then serving on the port authority, argued for a split. It happened under Mayor John Delaney, who followed Austin.
Delaney agreed with Austin. “The only thing in common between the airport and the seaport was the word port.” Delaney told Eye on Jacksonville. “Their budgets were isolated and distinct and could not be commingled. I felt that the director could not focus on both entities; no one could be an expert on aviation and seaports. “
The Jacksonville Aviation Authority (JAA) was created by a special act of the Florida Legislature — Chapter 2001-319, Laws of Florida — approved in May 2001.
But Delaney says the authority is not independent of the city.
Now, the JAA is threatening to sue the city, claiming that the city is overstepping its authority by trying to direct some of JAA’s revenue into certain city projects such as an aviation repair facility at Cecil Field, to be operated by Florida State College. JAA says that would breach its lease contract with tenant Million Air and could bring about FAA penalties, and the planned suit claims the FAA has confirmed the transfer “would likely constitute unlawful revenue diversion.”
This has been building since 2023 when Council Member Nick Howland began pushing for more control of the JAA budget. On July 1, Howland became council president, giving him more clout to pursue his quest.
Howland also supported a House bill that amends JAA’s charter to assign the JAA responsibility for the economic development of Cecil Field, requiring it to present an annual development plan to City Council with its budget. The charter amendment was enacted earlier this year by the legislature.
The JAA board will vote next week on whether to file the threatened lawsuit.
It would be a bad idea. The Office of the General Counsel was created at the time of the consolidation of the city and county governments in 1968. Part of its job was to represent all agencies of the city and resolve disputes between them. Since then, this duty has been fractured somewhat, but it still can and should act as mediator and get this dispute resolved.
Clearly the JAA is not sovereign and must report to some elected officials. If not the City Council, then who – the legislature? The state has an interest in seaports, and helps fund them, but it has no inherent interest or relation to local airport operations or any executive agency to run them.
It isn’t even clear that JAA has the authority to use outside counsel, as it is doing in this dispute.
Let the local lawyers work it out, rather than throwing it into the courts where anything could happen, and at considerable cost.
