JACKSONVILLE, Fla. \u2013 The Jacksonville Aviation Authority is preparing to take the City of Jacksonville to court, drafting a lawsuit that accuses the Jacksonville City Council of overstepping its authority, demanding the unlawful diversion of federal airport funds, and attempting to strip JAA of its legal independence.<\/p>\n
JAA\u2019s Board of Directors will vote July 16 whether to authorize the filing of a complaint for declaratory judgment. An agenda prepared for the meeting included a copy of the complaint. The lawsuit seeks to define the legal boundary between JAA\u2019s authority as a state agency and the City Council\u2019s power over it.<\/p>\n
Background<\/p>\n
JAA was created by a special act of the Florida Legislature in 2004 as a separate body politic and political subdivision of the State of Florida \u2014 not a department or subsidiary of the City. The authority oversees four public airports in Duval County: Jacksonville International Airport, Cecil Airport and Spaceport, Jacksonville Executive at Craig Airport, and Herlong Recreational Airport.<\/p>\n
For more than two decades, JAA and the City operated without significant conflict, according to the complaint. JAA is entirely self-funded, generating revenue through landing fees, terminal rents, concessions, and other airport sources. It has never requested a budget appropriation from the City or its taxpayers.<\/p>\n
Under its charter, JAA holds exclusive powers to manage its own projects, leases, contracts, revenues, and budget \u2014 subject only to limited, specific oversight granted to the Council by the Florida Legislature.<\/p>\n
A fiscal dispute takes shape<\/p>\n
The lawsuit traces the conflict\u2019s origins to 2023, when Councilmember Nick Howland began pushing for what he described as redirecting JAA\u2019s \u201cexcess profits\u201d to \u201cmore productive uses.\u201d Howland, who has since become Council President as of July 1, proposed a series of changes to the budget \u2014 including a $10 million contribution to the Kids Hope Alliance, a $25 million contribution to a JEA power-line project over the St. Johns River, and a $29 million contribution to fund a Florida State College at Jacksonville training center at Cecil Airport\u2019s Hangar 14.<\/p>\n
Each proposal was reviewed by the Federal Aviation Administration, outside aviation law experts, and the City\u2019s own Office of General Counsel (OGC). Each time, JAA was advised the proposals would constitute unlawful revenue diversion in violation of federal law, according to the complaint.<\/p>\n
\u201cI don\u2019t want to hear any more \u2018no\u2019s,\u2019\u201d Howland reportedly told JAA leaders at a budget hearing in August 2025, according to the complaint. When JAA\u2019s CEO explained the refusals came from the FAA \u2014 not JAA \u2014 Howland reportedly replied, \u201cLet\u2019s see if we can work together to get your boss to a \u2018yes.\u2019\u201d<\/p>\n
The budget amendment<\/p>\n
On Aug. 15, 2025, the Council Finance Committee voted to amend JAA\u2019s submitted 2026 budget, inserting approximately $13 million in spending that JAA had not requested, budgeted for, or approved. The amendment included $10 million earmarked to \u201cpotentially fund\u201d a Northeast Advanced Aviation Maintenance Training Center at Hangar 14 at Cecil Airport.<\/p>\n
The move was significant for multiple reasons. Hangar 14 is currently leased to Jacksonville Jetport, LLC, which operates the Million Air fixed-base operation at Cecil Airport through a long-term lease running to 2041. According to the lawsuit, Counsel for Million Air warned the Council President that the amendment would interfere with their lease and place JAA in violation of the Grant Assurances it made to the FAA.<\/p>\n
As JAA prepared to enter the bond market to raise approximately $300 million for a new concourse at Jacksonville International Airport, five of the nine investment banks that applied to underwrite the issuance flagged the Council\u2019s interference as a risk to JAA\u2019s autonomy and bondholder security. JAA publicly acknowledged this \u201ccould cause a lower credit rating, higher interest rates, or cause investors not to want to invest in the bonds.\u201d<\/p>\n
JAA\u2019s Board voted Sept. 29, 2025, to oppose the amendment and decline to implement it.<\/p>\n
FAA weighs in<\/p>\n
According to the complaint on June 25, the FAA issued a written advisory letter to JAA\u2019s Board, confirming JAA\u2019s position. The letter itemized what the FAA called \u201cextraordinary external pressures\u201d being placed on JAA \u2014 including proposals to fund power-line elevation for JEA, distribute airport funds to the Kids Hope Alliance, and finance a vocational-technical school \u2014 and concluded such initiatives \u201cwould likely constitute unlawful revenue diversion.\u201d<\/p>\n
The FAA also expressed \u201cserious concern\u201d about \u201creports that JAA executive leadership has faced threats of personnel action for adhering to Federal grant assurances, alongside proposals to alter the JAA charter to privatize the airport.\u201d Copies of the FAA letter were transmitted to the Florida Department of Transportation, the Mayor, and Council leadership.<\/p>\n
Legal battle over independent counsel<\/p>\n
The lawsuit also centers on JAA\u2019s right to hire its own attorneys. After the Council Finance Committee\u2019s budget hearing, JAA retained the law firm Lawson Huck Gonzalez, PLLC, which issued a written memorandum concluding the Council had exceeded its limited fiscal authority.<\/p>\n
The City\u2019s General Counsel sharply disagreed \u2014 and in October 2025, sent the Lawson firm a termination letter, purportedly firing JAA\u2019s independent counsel.<\/p>\n
The complaint argues that OGC cannot represent JAA in a dispute where it simultaneously represents the Council \u2014 an adverse party \u2014 creating an irreconcilable conflict of interest. It further argues that JAA\u2019s charter expressly allows it to \u201csue and be sued, implead and be impleaded, complain, and defend in all courts.\u201d<\/p>\n
The City\u2019s General Counsel has contended that JAA lacks the authority to bring this suit at all, according to the complaint.<\/p>\n
What JAA is asking the court to decide<\/p>\n
The complaint seeks eight declaratory judgments from the Circuit Court, asking the court to rule on the following questions:<\/p>\n
Count I:\u00a0Is JAA an agency of the State of Florida \u2014 not a component or subsidiary of the City?<\/p>\n
Count II:\u00a0Does the City Council have any right of ownership or control over JAA\u2019s revenues?<\/p>\n
Count III:\u00a0Is the Council\u2019s fiscal authority limited strictly to increasing or decreasing budget appropriations JAA itself requests?<\/p>\n
Count IV:\u00a0Is JAA an independent \u2014 not dependent \u2014 special district under Florida law?<\/p>\n
Count V:\u00a0Are the City General Counsel\u2019s legal opinions binding on JAA, or does JAA retain the right to seek judicial review?<\/p>\n
Count VI:\u00a0Can JAA retain independent legal counsel when OGC has a conflict of interest?<\/p>\n
Count VII:\u00a0Does the Council\u2019s investigative and subpoena power extend to JAA as a separate state agency?<\/p>\n
Count VIII:\u00a0Are JAA\u2019s powers over its own projects, leases, and contracts exclusive \u2014 beyond the Council\u2019s reach?<\/p>\n
JAA\u2019s position<\/p>\n
Throughout the dispute, JAA says it has offered to partner with the City and FSCJ in ways that federal law permits \u2014 including providing existing hangar and training space to FSCJ at reduced rental rates, an option the FAA itself suggested. The City has declined to engage on those alternatives, according to the complaint.<\/p>\n
What happens next?<\/p>\n
A special meeting is scheduled for 2 p.m. July 16 at the JAA administration building\u2019s Ed Austin board room. the only listed action item is the proposed resolution.<\/p>\n
If approved, the resolution would authorize outside counsel to prepare and file an action for declaratory and related relief against the city, asking the court to clarify the powers of the JAA and the city council under state law and the JAA\u2019s governing charter.<\/p>\n
The authority\u2019s meeting notice says the meeting will be held in person and includes time for public comment.<\/p>\n
Jacksonville council president defends authority over JAA amid lawsuit threat<\/p>\n
Jacksonville City Council President Nick Howland is pushing back against the Jacksonville Aviation Authority\u2019s plans to sue the city, saying the council acted within its legal authority \u2014 and that state lawmakers unanimously agreed.<\/p>\n
\u201cBy an 18 to zero vote, city council passed changes to JAA\u2019s budget, as well as a J bill to send to state legislature to change their charter,\u201d Howland told News4JAX Anchor Kent Justice on This Week in Jacksonville. \u201cBy a vote of 149 to zero, the state legislator changed their charter to enumerate JAA\u2019s role in economic development at Cecil Field.\u201d<\/p>\n
Howland said the legal groundwork has already been laid.<\/p>\n
\u201cAbsolutely convinced because we already had it reviewed by the Office of General Counsel,\u201d Howland said, responding to concerns that the council\u2019s proposals could violate FAA rules and jeopardize federal funding. \u201cProposals don\u2019t violate law.\u201d<\/p>\n
Cecil Field aerospace hub at heart of dispute<\/p>\n
At the center of the debate is Cecil Airport and Spaceport, which Howland envisions becoming a major aerospace and job creation hub for Jacksonville. He said the council\u2019s proposed investments fall within FAA-permissible categories.<\/p>\n
\u201cFAA Revenue Diversion Law also has a whole section about permissible investments,\u201d Howland said. \u201cAnd that is one of the investments that we proposed in last year\u2019s budget meeting \u2014 to grow Cecil Airport and Spaceport to be an aerospace hub. It will create thousands of jobs and be a major job growth engine.\u201d<\/p>\n
Response from City of Jacksonville<\/p>\n
News4JAX reached out to the city of Jacksonville, which said: <\/p>\n
\u201cWe are aware and decline to comment on the potential lawsuit.<\/p>\n
Response from Jacksonville Aviation Authority<\/p>\n
The Jacksonville Aviation Authority also declined to comment, saying:<\/p>\n
\u201cPrior to the Jacksonville Aviation Authority (JAA) Board of Directors meeting on July 16, we\u2019ll let the proposed legal action speak for itself. The Aviation Authority will have no further comment until the JAA Board votes on this matter next week.\u201d<\/p>\n
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