Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1258
Ì349612$Î349612
LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Diaz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (m) is added to subsection (2) of
6 section 11.45, Florida Statutes, to read:
7 11.45 Definitions; duties; authorities; reports; rules.—
8 (2) DUTIES.—The Auditor General shall:
9 (m) At least once every 7 years, conduct an operational and
10 financial audit of each large-hub commercial service airport.
11 Each operational audit shall include, at a minimum, an
12 assessment of compliance with s. 332.0075, including compliance
13 with chapter 287, and compliance with the public records and
14 public meetings laws of this state. For purposes of this
15 paragraph, the term “large-hub commercial service airport” means
16 a publicly owned airport that has at least 1 percent of the
17 annual passenger boardings in the United States as reported by
18 the Federal Aviation Administration.
19
20 The Auditor General shall perform his or her duties
21 independently but under the general policies established by the
22 Legislative Auditing Committee. This subsection does not limit
23 the Auditor General’s discretionary authority to conduct other
24 audits or engagements of governmental entities as authorized in
25 subsection (3).
26 Section 2. Paragraph (c) is added to subsection (1) of
27 section 112.3144, Florida Statutes, to read:
28 112.3144 Full and public disclosure of financial
29 interests.—
30 (1)
31 (c) Each member of the governing body of a large-hub
32 commercial service airport shall comply with the applicable
33 financial disclosure requirements of s. 8, Art. II of the State
34 Constitution. Any person otherwise required under this
35 subsection to file a full and public financial disclosure, is
36 not required to separately file a full and public financial
37 disclosure under this paragraph. For purposes of this paragraph,
38 the term “large-hub commercial service airport” means a publicly
39 owned airport that has at least 1 percent of the annual
40 passenger boardings in the United States as reported by the
41 Federal Aviation Administration.
42 Section 3. Section 332.0075, Florida Statutes, is created
43 to read:
44 332.0075 Commercial service airports; transparency and
45 accountability; penalty.—
46 (1) As used in this section, the term:
47 (a) “Commercial service airport” means a primary airport,
48 as defined in 49 U.S.C. s. 47102, that is classified as a large
49 , medium-, or small-hub airport by the Federal Aviation
50 Administration.
51 (b) “Department” means the Department of Transportation.
52 (c) “Governing body” means the governing body of the
53 county, municipality, or special district that operates a
54 commercial service airport.
55 (2) Each governing body shall establish and maintain a
56 website to post information relating to the operation of a
57 commercial service airport, including:
58 (a) All published notices of meetings and published meeting
59 agendas of the governing body.
60 (b) The official minutes of each meeting of the governing
61 body, which shall be posted within 7 business days after the
62 date of the meeting in which the minutes were approved.
63 (c) The approved budget for the commercial service airport
64 for the current fiscal year, which shall be posted within 7
65 business days after the date of adoption. Budgets must remain on
66 the website for 2 years after the conclusion of the fiscal year
67 for which they were adopted.
68 (d) A link to the airport master plan for the commercial
69 service airport on the Federal Aviation Administration’s
70 website.
71 (e) A link to all financial and statistical reports for the
72 commercial service airport on the Federal Aviation
73 Administration’s website.
74 (f) Any contract or contract amendment executed by or on
75 behalf of the commercial service airport in excess of $100,000,
76 shall be posted no later than 7 business days after the
77 commercial service airport executes the contract or contract
78 amendment. However, a contract or contract amendment may not
79 reveal information made confidential or exempt by law. Each
80 commercial service airport must redact confidential or exempt
81 information from each contract or contract amendment before
82 posting a copy on its website.
83 (g) Position and rate information for each employee of the
84 commercial service airport, including, at a minimum, the
85 employee’s position title, position description, and annual or
86 hourly salary.
87 (3)(a) Notwithstanding any other provision of law to the
88 contrary, commercial service airports are subject to the
89 requirements of chapter 287 for purchases of commodities or
90 contractual services that exceed $100,000. If the purchase of
91 commodities or contractual services exceeds $100,000, the
92 purchase of commodities or contractual services may not be made
93 without receiving competitive sealed bids, competitive sealed
94 proposals, or competitive sealed replies unless an exception
95 applies as provided in s. 287.057(3) or an immediate danger to
96 the public health, safety, or welfare, or other substantial loss
97 to the commercial service airport requires emergency action.
98 (b) A governing body must approve, award, or ratify all
99 contracts executed by or on behalf of a commercial service
100 airport in excess of the threshold amount provided in s. 287.017
101 for CATEGORY FIVE as a separate line item on the agenda and must
102 provide a reasonable opportunity for public comment. Such
103 contracts may not be approved, awarded, or ratified as part of a
104 consent agenda.
105 (4)(a) Members of a governing body and employees of a
106 commercial service airport are subject to part III of chapter
107 112. However, this paragraph does not prohibit the application
108 of more stringent ethical standards adopted by county or
109 municipal charter, ordinance, or resolution of the governing
110 body for its members and employees.
111 (b) Beginning January 1, 2021, each member of a governing
112 body must complete 4 hours of ethics training each calendar year
113 which addresses, at a minimum, s. 8, Art. II of the State
114 Constitution, the Code of Ethics for Public Officers and
115 Employees, and the public records and public meetings laws of
116 this state. This requirement may be satisfied by completion of a
117 continuing legal education class or other continuing
118 professional education class, seminar, or presentation if the
119 required subject material is covered therein. Constitutional
120 officers and elected municipal officers who are members of the
121 governing body who complete the ethics training required in s.
122 112.3142 shall be considered in compliance with this paragraph.
123 (5)(a) Beginning November 1, 2021, and each November 1
124 thereafter, the governing body of each commercial service
125 airport shall submit the following information to the
126 department:
127 1. Its approved budget for the current fiscal year.
128 2. Any financial reports submitted to the Federal Aviation
129 Administration during the previous calendar year.
130 3. A link to its website.
131 4. A statement, verified as provided in s. 92.525, that it
132 has complied with part III of chapter 112, chapter 287, and this
133 section.
134 (b) The department shall review the information submitted
135 by the commercial service airport and posted on the airport’s
136 website to determine the accuracy of such information. Beginning
137 January 15, 2022, and each January 15 thereafter, the department
138 shall submit to the Governor, the President of the Senate, and
139 the Speaker of the House of Representatives a report summarizing
140 commercial service airport compliance with this section.
141 (6) The department may not expend any funds allocated to a
142 commercial service airport as contained in the adopted work
143 program, unless pledged for debt service, until the commercial
144 service airport demonstrates its compliance with this section.
145 Section 4. This act shall take effect October 1, 2020.
146
147 ================= T I T L E A M E N D M E N T ================
148 And the title is amended as follows:
149 Delete everything before the enacting clause
150 and insert:
151 A bill to be entitled
152 An act relating to commercial service airports;
153 amending s. 11.45, F.S.; directing the Auditor General
154 to conduct specified audits of certain airports;
155 defining the term “large-hub commercial service
156 airport”; amending s. 112.3144, F.S.; requiring
157 members of the governing body of a large-hub
158 commercial service airport to comply with certain
159 financial disclosure requirements; providing that a
160 separate filing is not required under specified
161 circumstances; defining the term “large-hub commercial
162 service airport”; creating s. 332.0075, F.S.;
163 providing definitions; requiring the governing body of
164 a municipality, county, or special district that
165 operates a commercial service airport to establish and
166 maintain a website; requiring the governing body to
167 post or provide links to certain information on the
168 website; requiring the posting of specified contracts;
169 providing for the redaction of confidential and exempt
170 information; requiring commercial service airports to
171 comply with certain contracting requirements;
172 providing exceptions; requiring the governing body to
173 approve, award, or ratify certain contracts; requiring
174 members of the governing body of a commercial service
175 airport to comply with certain ethics requirements and
176 complete annual ethics training; requiring governing
177 bodies of commercial service airports to submit
178 certain information annually to the Department of
179 Transportation; requiring the department to review
180 such information and submit an annual report to the
181 Governor and the Legislature; prohibiting the
182 department’s expenditure of certain funds unless
183 specified conditions are met; providing an effective
184 date.