Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1270, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Lee moved the following:
       
    1         Senate Amendment to House Amendment (064965) (with title
    2  amendment)
    3  
    4         Delete lines 46 - 643
    5  and insert:
    6         (4) TRAINING REQUIREMENT.—
    7         (a) Beginning January 1, 2021, each appointed public
    8  official and executive officer shall complete a minimum of 5
    9  hours of board governance training for each term served.
   10         1. An appointed public official or executive officer
   11  holding office or employed by an entity on January 1, 2021,
   12  shall complete the 5 hours of board governance training before
   13  the expiration of his or her term of service. If an appointed
   14  public official or executive officer is employed under a
   15  contract that does not specify a termination date for
   16  employment, the public official or executive officer shall
   17  complete the 5 hours of training by January 1, 2022, and once
   18  every 4 years thereafter for the duration of their employment.
   19         2. An appointed public official or executive officer who is
   20  appointed, reappointed, or hired after January 1, 2021, shall
   21  complete the 5 hours of board governance training within 180
   22  days after the date of his or her appointment, reappointment, or
   23  hire.
   24         (b) By January 1, 2021, a governmental entity shall provide
   25  board governance training to its appointed public officials and
   26  executive officers that, at a minimum, includes educational
   27  materials and instruction on the following:
   28         1. Generally accepted corporate board governance principles
   29  and best practices; corporate board fiduciary duty of care legal
   30  analyses; corporate board oversight and evaluation procedures;
   31  governmental entity responsibilities; executive officer
   32  responsibilities; executive officer performance evaluations;
   33  selecting, monitoring, and evaluating an executive management
   34  team; reviewing and approving proposed investments,
   35  expenditures, and budget plans; financial accounting and capital
   36  allocation principles and practices; and new governmental entity
   37  member orientation.
   38         2. The fiduciary duty of care and obligations imposed upon
   39  appointed public officials and executive officers pursuant to
   40  this section.
   41         (c) Within 30 days after completion of the board governance
   42  training, each appointed public official and executive officer
   43  shall certify, in writing or electronic form and under oath to
   44  the governmental entity’s custodian of records that he or she:
   45         1. Has completed the training required by this subsection;
   46         2. Has read the laws and relevant policies applicable to
   47  his or her position;
   48         3. Will work to uphold such laws and policies to the best
   49  of his or her ability; and
   50         4. Will faithfully discharge his or her fiduciary
   51  responsibility, as imposed by this section.
   52         (d) This subsection does not apply to appointed public
   53  officials and executive officers who:
   54         1. Serve governmental entities whose annual revenues are
   55  less than $100,000;
   56         2. Hold elected office in another capacity; or
   57         3. Complete board governance training involving fiduciary
   58  duties or responsibilities which is required under any other
   59  state law.
   60         (5) APPOINTMENT OF EXECUTIVE OFFICERS AND GENERAL
   61  COUNSELS.—The appointment of any executive officer or general
   62  counsel is subject to approval by a majority vote of the
   63  governmental entity.
   64         (6) STANDARDS FOR LEGAL COUNSEL.—All legal counsel employed
   65  by a governmental entity must represent the legal interests and
   66  positions of the governmental entity and not the interest of any
   67  individual or employee of the governmental entity, unless such
   68  representation is directed by the governmental entity or as
   69  authorized by law.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72  And the title is amended as follows:
   73         Delete lines 648 - 703
   74  and insert:
   75         An act relating to the fiduciary duty of care for
   76         appointed public officials and executive officers;
   77         providing a directive to the Division of Law Revision
   78         to create part IX of ch. 112, F.S.; creating s.
   79         112.89, F.S.; providing legislative findings and
   80         purpose; defining terms; establishing standards for
   81         the fiduciary duty of care for appointed public
   82         officials and executive officers of specified
   83         governmental entities; requiring training on board
   84         governance beginning on a specified date; requiring
   85         appointed public officials and executive officers to
   86         certify their completion of the annual training to the
   87         the governmental entity’s custodian of records;
   88         providing exceptions to the training requirement;
   89         specifying requirements for the appointment of
   90         executive officers and general counsels of
   91         governmental entities; specifying standards for legal
   92         counsel; providing an effective date.