Naples sued its airport. Naples sued the state over the airport. The airport might sue the city if the two groups can’t come to an agreement over control
It’s a litigation quagmire that takes some focus to understand.
Here’s what we know:
The City of Naples is challenging a new state law making the airport board of commissioners elected. City officials want to cancel the 99-year land lease between the city and the Naples Airport Authority, end the enabling act that created the authority (the NAA) in 1969 and start over to return the board to appointees of the city.
Lawsuits – against the state of Florida and the NAA and the Collier County Supervisor of Elections – have been filed, and state required mediation between the parties have begun.
On the NAA side, the authority that operates the Naples Airport, is in separate required pre-lawsuit mediation with the city. Its issues are a proposed ordinance requiring City Council approval of all development at the airport and whether the airport will continue to be a federally obligated airport, which is complicated on its own. NAA attorneys say the ordinance requirements violate federal law.
The first NAA-instigated meeting via the state statute Chapter 164 process between the NAA and the city’s attorneys and officials was May 26. The first city-instigated meeting was May 11. Joint meetings between the airport Board of Commissioners and the Naples City Council are set for Tuesday, June 9.
The ordinance the city presented to the NAA is virtually unchanged from the original presented to the city council a year ago.
At that time, the NAA’s aviation attorney, Peter Kirsch, said, “It’s our advice to the board that the current city proposals are unnecessarily burdensome on the authority. They are costly and to a large extent, preempted by federal law.”
That opinion hasn’t changed either.
“We posed questions to you so that we would understand whether your proposal contemplated that the Naples Airport would continue to be a federally obligated airport after this, and it would be operated by the City of Naples as sponsor and proprietor of the airport,” Kirsch said May 26. It wasn’t clear from your proposal if that was laid out. And it’s important for us to know, because our board has a fiduciary and a legal obligation not to do anything that would adversely affect the safety and efficiency of the airport.”
The NAA offered alternative language that its attorneys deemed appropriate, making clear that the city council would only consider non-aeronautical projects.
NAA Executive Director Chris Rozansky says the process by which the NAA would present developments to the city is unclear. As is whether the city intends to seek approval on aeronautical and non-aeronautical projects alike. The FAA is in charge of aeronautical projects so the city can’t have a say in approving or disproving, NAA attorneys argue.
Rozansky asked questions of the city’s attorneys about approval intentions, according to a transcript of the May 26 meeting given by request to the Naples Daily News. The city’s attorneys didn’t have an answer.
“The mayor directed staff to bring all projects for site-specific review to City Council,” Rozansky said, pointing to a city council meeting with that action. “The NAA and the airport’s users and stakeholders require more clarity moving forward,” he said “Many of these actions are fundamentally inconsistent with federal law.”
Part of what makes an airport federally obligated is if it applies for and accepts federal grants. Each grant comes with a 20-year obligation to follow all FAA rules and approval processes and to “maintain and operate their facilities safely and efficiently and in accordance with specified conditions.”
In June 2025, the board turned down $9 million in grants for capital projects including apron improvements, security enhancements, and taxiway lighting repairs after the city council said it didn’t want the airport to accept any grants. And that’s what set off state legislators and put them on the path of changing how the airport’s board is chosen.
Gov. Ron DeSantis signed the law April 6, changing the NAA from a dependent special district to an independent special district whereby residents vote for the members. He signed the bill sponsored by Rep. Adam Botana (R-District 80) despite loud and numerous objections by the city council. The first election is scheduled for the Nov. 3 general election.
Rozansky told the board at its April 30 meeting that the NAA had executed a previously approved FAA grant for the airfield lighting and vault replacement project. That starts the obligation clock over.
Will the airport authority sue Naples if changes aren’t made to the proposed ordinance?
City Attorney Matthew McConnell wanted to know the airport authority’s intentions with the mitigation meeting.
“Are you guys planning on filing suit if we don’t amend our ordinance?” he said. “Because I’m trying to understand why you’re choosing this 164 process.”
Rozansky replied that litigation isn’t the goal.
“We’re not eager to file litigation. We may be forced to, but we’re not eager to do so. We hope to find a resolution,” he said.
No resolution on May 26, talks to continue
Nothing specific was resolved about the ordinance or the city’s process or intentions on how it would operate the airport if it were successful in its plan to rescind the NAA.
“It was a productive discussion, and we look forward to having further dialogue during the joint meetings required as part of Ch 164, FS on June 9th at City Hall,” Rozansky told the Naples Daily News after the meeting.
In preparation for those joint meetings, Rozansky on May 22 sent a letter to City Manager Gary Young asking for written responses to five questions:
J. Kyle Foster is a senior growth & development reporter for The News-Press & Naples Daily News. Reach her by emailing jfoster1@usatodayco.com.
This article originally appeared on Naples Daily News: Naples Airport, City still disputing control, lease, FAA
Reporting by J. Kyle Foster, Fort Myers News-Press & Naples Daily News / Naples Daily News
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By J. Kyle Foster, Fort Myers News-Press & Naples Daily News | USA TODAY Network
