Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 772
Ì574892MÎ574892
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/03/2014 .
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following:
1 Senate Substitute for Amendment (450614) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 348.0003, Florida Statutes, is amended
7 to read:
8 348.0003 Expressway authority; formation; membership.—
9 (1) Any county, or two or more contiguous counties located
10 within a single district of the department, may, by resolution
11 adopted by the board of county commissioners, form an expressway
12 authority, which shall be an agency of the state, pursuant to
13 the Florida Expressway Authority Act.
14 (2) The governing body of an authority shall consist of not
15 fewer than five nor more than nine voting members. The district
16 secretary of the affected department district shall serve as a
17 nonvoting member of the governing body of each authority located
18 within the district. Each member of the governing body must at
19 all times during his or her term of office be a permanent
20 resident of the county which he or she is appointed to
21 represent.
22 (a) Two members of the authority shall be appointed for
23 terms of 4 years by the Governor, subject to confirmation by the
24 Senate. Such persons may not hold elective office during their
25 terms of office.
26 (b) For a single-county authority, the remaining members
27 shall be appointed by the board of county commissioners for
28 terms of 3 years.
29 (c) For a multicounty authority, the remaining members
30 shall be apportioned, based on the population of such counties,
31 among the counties within the authority. Each such member shall
32 be appointed by the applicable board of county commissioners for
33 a term of 3 years.
34 (d) Notwithstanding any provision of to the contrary in
35 this subsection, in any county as defined in s. 125.011(1), the
36 governing body of an authority shall consist of nine up to 13
37 members, and the following provisions of this paragraph shall
38 apply specifically to such authority. Except for the district
39 secretary of the department, the members must be residents of
40 the county. Four Seven voting members shall be appointed by the
41 governing body of the county. At the discretion of the governing
42 body of the county, up to two of the members appointed by the
43 governing body of the county may be elected officials residing
44 in the county. Four Five voting members of the authority shall
45 be appointed by the Governor. One member shall be the district
46 secretary of the department serving in the district that
47 contains such county. This member shall be an ex officio voting
48 member of the authority. If the governing board of an authority
49 includes any member originally appointed by the governing body
50 of the county as a nonvoting member, when the term of such
51 member expires, that member shall be replaced by a member
52 appointed by the Governor until the governing body of the
53 authority is composed of four seven members appointed by the
54 governing body of the county and four five members appointed by
55 the Governor. The qualifications, terms of office, and
56 obligations and rights of members of the authority shall be
57 determined by resolution or ordinance of the governing body of
58 the county in a manner that is consistent with this paragraph,
59 paragraphs (e)-(i), and subsections (3)-(12) (3) and (4).
60 (e) A member of an authority appointed by the governing
61 board of the county or appointed by the Governor may not serve
62 as a member of any other transportation-related, commission, or
63 organization board with audit oversight of the authority while
64 serving as a member of the authority.
65 (f) A lobbyist, as defined in s. 112.3215, may not be
66 appointed or serve as a member of an authority.
67 (g) A member of an authority may be removed from office by
68 the Governor for misconduct, malfeasance, misfeasance, or
69 nonfeasance in office.
70 (h) Members of an authority may receive reimbursement from
71 the authority for travel and other necessary expenses incurred
72 in connection with the business of the authority as provided in
73 s. 112.061, but may not draw salaries or other compensation.
74 (i) Members of each expressway authority, transportation
75 authority, bridge authority, or toll authority created pursuant
76 to this chapter, chapter 343, or any other general law shall
77 comply with the applicable financial disclosure requirements of
78 s. 8, Art. II of the State Constitution. This paragraph does not
79 subject any statutorily created authority, other than an
80 expressway authority created under this part, to any requirement
81 of this part except this paragraph.
82 (3)(a) The governing body of each authority shall elect one
83 of its members as its chair and shall elect a secretary and a
84 treasurer who need not be members of the authority. The chair,
85 secretary, and treasurer shall hold their offices at the will of
86 the authority. A simple majority of the governing body of the
87 authority constitutes a quorum, and the vote of a majority of
88 those members present is necessary for the governing body to
89 take any action. A vacancy on an authority shall not impair the
90 right of a quorum of the authority to exercise all of the rights
91 and perform all of the duties of the authority.
92 (b) Upon the effective date of his or her appointment, or
93 as soon thereafter as practicable, each appointed member of an
94 authority shall enter upon his or her duties.
95 (4)(a) An authority may employ an executive secretary, an
96 executive director, its own counsel and legal staff, technical
97 experts, and such engineers and employees, permanent or
98 temporary, as it may require and shall determine the
99 qualifications and fix the compensation of such persons, firms,
100 or corporations. An authority may employ a fiscal agent or
101 agents; however, the authority must solicit sealed proposals
102 from at least three persons, firms, or corporations for the
103 performance of any services as fiscal agents. An authority may
104 delegate to one or more of its agents or employees such of its
105 power as it deems necessary to carry out the purposes of the
106 Florida Expressway Authority Act, subject always to the
107 supervision and control of the authority. Members of an
108 authority may be removed from office by the Governor for
109 misconduct, malfeasance, misfeasance, or nonfeasance in office.
110 (b) Members of an authority are entitled to receive from
111 the authority their travel and other necessary expenses incurred
112 in connection with the business of the authority as provided in
113 s. 112.061, but they may not draw salaries or other
114 compensation.
115 (c) Members of each expressway authority, transportation
116 authority, bridge authority, or toll authority, created pursuant
117 to this chapter, chapter 343, or any other general law, shall
118 comply with the applicable financial disclosure requirements of
119 s. 8, Art. II of the State Constitution. This paragraph does not
120 subject any statutorily created authority, other than an
121 expressway authority created under this part, to any other
122 requirement of this part except the requirement of this
123 paragraph.
124 (5)(a) A member or the executive director of an authority
125 may not:
126 1. Within 2 years after vacating his or her position as a
127 board member or the executive director, personally represent
128 another person or entity for compensation before the authority;
129 2. After vacating his or her position as a board member or
130 the executive director, have an employment or contractual
131 relationship with a business entity other than an agency, as
132 defined in s. 112.312, in connection with a contract in which
133 the member or executive director personally and substantially
134 participated through decision, approval, disapproval,
135 recommendation, rendering of advice, or investigation while he
136 or she was a member or employee of the authority.
137 (b) A violation of this subsection is punishable in
138 accordance with s. 112.317.
139 (6) An authority’s general counsel shall serve as the
140 authority’s ethics officer.
141 (7) An authority board member, employee, or consultant who
142 holds a position that may influence authority decisions may not
143 engage in any relationship that may adversely affect his or her
144 judgment in carrying out authority business. The following
145 disclosures must be made annually on a disclosure form to
146 prevent such conflicts of interest and preserve the integrity
147 and transparency of the authority to the public:
148 (a) Any relationship that a board member, employee, or
149 consultant has which affords a current or future financial
150 benefit to such board member, employee, or consultant, or to a
151 relative or business associate of such board member, employee,
152 or consultant, and which a reasonable person would conclude has
153 the potential to create a prohibited conflict of interest.
154 (b) Whether a relative of such board member, employee, or
155 consultant is a registered lobbyist and, if so, the names of
156 such lobbyist’s clients. Such names shall be provided in writing
157 to the ethics officer.
158 (c) All interests in real property that such board member,
159 employee, or consultant has, or that a relative, principal,
160 client, or business associate of such board member, employee, or
161 consultant has, if such real property is located within, or
162 within a 1/2-mile radius of, any actual or prospective authority
163 roadway project. The executive director shall provide a corridor
164 map and a property ownership list reflecting the ownership of
165 all real property within the disclosure area, or an alignment
166 map with a list of associated owners, to all board members,
167 employees, and consultants.
168 (8) The disclosure forms filed as required under subsection
169 (7) must be reviewed by the ethics officer or, if a form is
170 filed by the general counsel, by the executive director.
171 (9) The conflict of interest process shall be outlined in
172 the authority’s code of ethics.
173 (10) Authority employees and consultants may not serve on
174 the governing body of the authority while employed by or under
175 contract with the authority.
176 (11) The code of ethics policy shall be reviewed and
177 updated by the ethics officer and presented for board approval
178 at least once every 2 years.
179 (12) Employees shall be adequately informed and trained on
180 the code of ethics and shall continually participate in ongoing
181 ethics education.
182 Section 2. Section 348.52, Florida Statutes, is amended to
183 read:
184 348.52 Tampa-Hillsborough County Expressway Authority.—
185 (1) There is hereby created and established a body politic
186 and corporate, an agency of the state, to be known as the
187 “Tampa-Hillsborough County Expressway Authority.”
188 (2) The governing body of the authority shall consist of a
189 board of seven members.
190 (a) Four of the members shall be appointed by the Governor
191 subject to confirmation by the Senate at the next regular
192 session of the Legislature. Refusal or failure of the Senate to
193 confirm an appointment shall create a vacancy.
194 1. Each such member’s term of office shall be for 4 years
195 or until his or her successor shall have been appointed and
196 qualified.
197 2. Vacancies occurring in the governing body for any such
198 members prior to the expiration of the affected term shall be
199 filled for the unexpired term.
200 3. The Governor shall have the authority to remove from
201 office any such member of the governing body in the manner and
202 for cause defined by the laws of this state.
203 3.4. Each such member, before entering upon his or her
204 official duties, shall take and subscribe to an oath before some
205 official authorized by law to administer oaths that he or she
206 will honestly, faithfully, and impartially perform the duties
207 devolving upon him or her in office as a member of the governing
208 body of the authority and that he or she will not neglect any
209 duties imposed upon him or her by this part.
210 (b) One member shall be the mayor, or the mayor’s
211 designate, who shall be the chair of the city council of the
212 city in Hillsborough County having the largest population,
213 according to the latest decennial census, who shall serve as a
214 member ex officio.
215 (c) One member shall be a member of the Board of County
216 Commissioners of Hillsborough County, selected by such board,
217 who shall serve as a member ex officio.
218 (d) One member shall be the district secretary of the
219 Department of Transportation serving in the district that
220 contains Hillsborough County, who shall serve ex officio.
221 (e) A member of the authority appointed by the governing
222 board of the county or appointed by the Governor may not serve
223 as a member of any other transportation-related board,
224 commission, or organization with audit oversight of the
225 authority while serving as a member of the authority.
226 (f) A lobbyist, as defined in s. 112.3215, may not be
227 appointed or serve as a member of the authority.
228 (g) A member of the authority may be removed from office by
229 the Governor for misconduct, malfeasance, misfeasance, or
230 nonfeasance in office.
231 (h) Members of the authority may receive reimbursement from
232 the authority for travel and other necessary expenses incurred
233 in connection with the business of the authority as provided in
234 s. 112.061, but may not draw salaries or other compensation.
235 (3) The authority shall designate one of its members as
236 chair. The members of the authority shall not be entitled to
237 compensation but shall be entitled to receive their travel and
238 other necessary expenses as provided in s. 112.061. A majority
239 of the members of the authority shall constitute a quorum, and
240 resolutions enacted or adopted by a vote of a majority of the
241 members present and voting at any meeting shall become effective
242 without publication or posting or any further action of the
243 authority.
244 (4) The authority may employ a secretary and executive
245 director, its own counsel and legal staff, and such legal,
246 financial, and other professional consultants, technical
247 experts, engineers, and employees, permanent or temporary, as it
248 may require and may determine the qualifications and fix the
249 compensation of such persons, firms, or corporations. The
250 authority may contract with the Division of Bond Finance of the
251 State Board of Administration for any financial services
252 authorized herein.
253 (5) The authority may delegate to one or more of its
254 officers or employees such of its powers as it shall deem
255 necessary to carry out the purposes of this part, subject always
256 to the supervision and control of the authority. Members of the
257 authority may be removed from their office by the Governor for
258 misconduct, malfeasance, misfeasance, and nonfeasance in office.
259 (6)(a) A member or the executive director of the authority
260 may not:
261 1. Within 2 years after vacating his or her position as a
262 board member or the executive director, personally represent
263 another person or entity for compensation before the authority;
264 2. After vacating his or her position as a board member or
265 the executive director, have an employment or contractual
266 relationship with a business entity other than an agency, as
267 defined in s. 112.312, in connection with a contract in which
268 the member or executive director personally and substantially
269 participated through decision, approval, disapproval,
270 recommendation, rendering of advice, or investigation while he
271 or she was a member or employee of the authority.
272 (b) A violation of this subsection is punishable in
273 accordance with s. 112.317.
274 (7) The authority’s general counsel shall serve as the
275 authority’s ethics officer.
276 (8) An authority board member, employee, or consultant who
277 holds a position that may influence authority decisions may not
278 engage in any relationship that may adversely affect his or her
279 judgment in carrying out authority business. The following
280 disclosures must be made annually on a disclosure form to
281 prevent such conflicts of interest and preserve the integrity
282 and transparency of the authority to the public:
283 (a) Any relationship a board member, employee, or
284 consultant has which affords a current or future financial
285 benefit to such board member, employee, or consultant, or to a
286 relative or business associate of such board member, employee,
287 or consultant, and which a reasonable person would conclude has
288 the potential to create a prohibited conflict of interest.
289 (b) Whether a relative of such board member, employee, or
290 consultant is a registered lobbyist and, if so, the names of
291 such lobbyist’s clients. Such names shall be provided in writing
292 to the ethics officer.
293 (c) All interests in real property that such board member,
294 employee, or consultant has, or that a relative, principal,
295 client, or business associate of such board member, employee, or
296 consultant has, if such real property is located within, or
297 within a 1/2-mile radius of, any actual or prospective authority
298 roadway project. The executive director shall provide a corridor
299 map and a property ownership list reflecting the ownership of
300 all real property within the disclosure area, or an alignment
301 map with a list of associated owners, to all board members,
302 employees, and consultants.
303 (9) The disclosure forms filed as required under subsection
304 (8) must be reviewed by the ethics officer or, if a form is
305 filed by the general counsel, by the executive director.
306 (10) The conflict of interest process shall be outlined in
307 the authority’s code of ethics.
308 (11) Authority employees and consultants may not serve on
309 the governing body of the authority while employed by or under
310 contract with the authority.
311 (12) The code of ethics policy shall be reviewed and
312 updated by the ethics officer and presented for board approval
313 at least once every 2 years.
314 (13) Employees shall be adequately informed and trained on
315 the code of ethics and shall continually participate in ongoing
316 ethics education.
317 Section 3. Section 348.53, Florida Statutes, is amended to
318 read:
319 348.53 Purposes of the authority.—The authority is created
320 for the purposes and shall have power to construct, reconstruct,
321 improve, extend, repair, maintain and operate the expressway
322 system. It is hereby found and declared that such purposes are
323 in all respects for the benefit of the people of the State of
324 Florida, City of Tampa and the County of Hillsborough, for the
325 increase of their pleasure, convenience and welfare, for the
326 improvement of their health, to facilitate transportation,
327 including managed lanes, for their recreation and commerce and
328 for the common defense. The authority shall be performing a
329 public purpose and a governmental function in carrying out its
330 corporate purpose and in exercising the powers granted herein.
331 Section 4. Subsection (15) of section 348.54, Florida
332 Statutes, is created to read:
333 348.54 Powers of the authority.—Except as otherwise limited
334 herein, the authority shall have the power:
335 (15) With the consent of the county within whose
336 jurisdiction the following activities occur, the authority shall
337 have the right to construct, operate, and maintain roads,
338 bridges, avenues of access, thoroughfares, boulevards and
339 managed lanes outside the jurisdictional boundaries of
340 Hillsborough County and within the jurisdictional boundaries of
341 counties contiguous to Hillsborough County together with the
342 right to construct, repair, replace, operate, install, and
343 maintain facilities and electronic toll payment systems thereon
344 or incidental thereto, with all necessary and incidental powers
345 to accomplish the foregoing.
346 Section 5. Section 348.753, Florida Statutes, is amended to
347 read:
348 348.753 Orlando-Orange County Expressway Authority.—
349 (1) There is hereby created and established a body politic
350 and corporate, an agency of the state, to be known as the
351 Orlando-Orange County Expressway Authority, hereinafter referred
352 to as “authority.”
353 (2)(a) The governing body of the authority shall consist of
354 five members. Three members shall be citizens of Orange County,
355 who shall be appointed by the Governor. The fourth member shall
356 be, ex officio, the chair of the County Commissioners of Orange
357 County, and the fifth member shall be, ex officio, the district
358 secretary of the Department of Transportation serving in the
359 district that contains Orange County. The term of each appointed
360 member shall be for 4 years. Each appointed member shall hold
361 office until his or her successor has been appointed and has
362 qualified. A vacancy occurring during a term shall be filled
363 only for the balance of the unexpired term. Each appointed
364 member of the authority shall be a person of outstanding
365 reputation for integrity, responsibility, and business ability,
366 but no person who is an officer or employee of any city or of
367 Orange County in any other capacity shall be an appointed member
368 of the authority. Any member of the authority shall be eligible
369 for reappointment.
370 (b) A member of the authority appointed by the Governor may
371 not serve as a member of any other transportation-related board,
372 commission, or organization with audit oversight of the
373 authority while serving as a member of the authority.
374 (c) A lobbyist, as defined in s. 112.3215, may not be
375 appointed or serve as a member of the authority.
376 (d) A member of the authority may be removed from office by
377 the Governor for misconduct, malfeasance, misfeasance, or
378 nonfeasance in office.
379 (e) Members of the authority may receive reimbursement from
380 the authority for travel and other necessary expenses incurred
381 in connection with the business of the authority as provided in
382 s. 112.061, but may not draw salaries or other compensation.
383 (3)(a) The authority shall elect one of its members as
384 chair of the authority. The authority shall also elect a
385 secretary and a treasurer who may or may not be members of the
386 authority. The chair, secretary, and treasurer shall hold such
387 offices at the will of the authority. Three members of the
388 authority shall constitute a quorum, and the vote of three
389 members shall be necessary for any action taken by the
390 authority. No vacancy in the authority shall impair the right of
391 a quorum of the authority to exercise all of the rights and
392 perform all of the duties of the authority.
393 (b) Upon the effective date of his or her appointment, or
394 as soon thereafter as practicable, each appointed member of the
395 authority shall enter upon his or her duties.
396 (4)(a) The authority may employ an executive secretary, an
397 executive director, its own counsel and legal staff, technical
398 experts, such engineers, and such employees, permanent or
399 temporary, as it may require and may determine the
400 qualifications and fix the compensation of such persons, firms,
401 or corporations and may employ a fiscal agent or agents,
402 provided, however, that the authority shall solicit sealed
403 proposals from at least three persons, firms, or corporations
404 for the performance of any services as fiscal agents. The
405 authority may delegate to one or more of its agents or employees
406 such of its power as it shall deem necessary to carry out the
407 purposes of this part, subject always to the supervision and
408 control of the authority. Members of the authority may be
409 removed from their office by the Governor for misconduct,
410 malfeasance, misfeasance, or nonfeasance in office.
411 (b) Members of the authority shall be entitled to receive
412 from the authority their travel and other necessary expenses
413 incurred in connection with the business of the authority as
414 provided in s. 112.061, but they shall draw no salaries or other
415 compensation.
416 (5)(a) A member or the executive director of the authority
417 may not:
418 1. Within 2 years after vacating his or her position as a
419 board member or the executive director, personally represent
420 another person or entity for compensation before the authority;
421 2. After vacating his or her position as a board member or
422 the executive director, have an employment or contractual
423 relationship with a business entity other than an agency, as
424 defined in s. 112.312, in connection with a contract in which
425 the member or executive director personally and substantially
426 participated through decision, approval, disapproval,
427 recommendation, rendering of advice, or investigation while he
428 or she was a member or employee of the authority.
429 (b) A violation of this subsection is punishable in
430 accordance with s. 112.317.
431 (6) The authority’s general counsel shall serve as the
432 authority’s ethics officer.
433 (7) An authority board member, employee, or consultant who
434 holds a position that may influence authority decisions may not
435 engage in any relationship that may adversely affect his or her
436 judgment in carrying out authority business. The following
437 disclosures must be made annually on a disclosure form to
438 prevent such conflicts of interest and preserve the integrity
439 and transparency of the authority to the public:
440 (a) Any relationship a board member, employee, or
441 consultant has which affords a current or future financial
442 benefit to such board member, employee, or consultant, or to a
443 relative or business associate of such board member, employee,
444 or consultant, and which a reasonable person would conclude has
445 the potential to create a prohibited conflict of interest.
446 (b) Whether a relative of such board member, employee, or
447 consultant is a registered lobbyist and, if so, the names of
448 such lobbyist’s clients. Such names shall be provided in writing
449 to the ethics officer.
450 (c) All interests in real property that such board member,
451 employee, or consultant has, or that a relative, principal,
452 client, or business associate of such board member, employee, or
453 consultant has, if such real property is located within, or
454 within a 1/2-mile radius of, any actual or prospective authority
455 roadway project. The executive director shall provide a corridor
456 map and a property ownership list reflecting the ownership of
457 all real property within the disclosure area, or an alignment
458 map with a list of associated owners, to all board member,
459 employees, and consultants.
460 (8) The disclosure forms filed as required under subsection
461 (7) must be reviewed by the ethics officer or, if a form is
462 filed by the general counsel, by the executive director.
463 (9) The conflict of interest process shall be outlined in
464 the authority’s code of ethics.
465 (10) Authority employees and consultants may not serve on
466 the governing body of the authority while employed by or under
467 contract with the authority.
468 (11) The code of ethics policy shall be reviewed and
469 updated by the ethics officer and presented for board approval
470 at least once every 2 years.
471 (12) Employees shall be adequately informed and trained on
472 the code of ethics and shall continually participate in ongoing
473 ethics education.
474 Section 6. Section 348.9952, Florida Statutes, is amended
475 to read:
476 348.9952 Osceola County Expressway Authority.—
477 (1) There is created a body politic and corporate, an
478 agency of the state, to be known as the Osceola County
479 Expressway Authority.
480 (2)(a) The governing body of the authority shall consist of
481 six members. Five members, at least one of whom must be a member
482 of a racial or ethnic minority group, must be residents of
483 Osceola County, three of whom shall be appointed by the
484 governing body of the county and two of whom shall be appointed
485 by the Governor. The sixth member shall be the district
486 secretary of the department serving in the district that
487 includes Osceola County, who shall serve as an ex officio,
488 nonvoting member. The term of each appointed member shall be for
489 4 years, except that the first term of the initial members
490 appointed by the Governor shall be 2 years each. Each appointed
491 member shall hold office until his or her successor has been
492 appointed and has qualified. A vacancy occurring during a term
493 shall be filled only for the balance of the unexpired term. Each
494 appointed member of the authority shall be a person of
495 outstanding reputation for integrity, responsibility, and
496 business ability, but a person who is an officer or employee of
497 any municipality or of Osceola County in any other capacity may
498 not be an appointed member of the authority. A member of the
499 authority is eligible for reappointment.
500 (b) A member of the authority appointed by the governing
501 board of the county or appointed by the Governor may not serve
502 as a member of any other transportation-related board,
503 commission, or organization with audit oversight of the
504 authority while serving as a member of the authority.
505 (c) A lobbyist, as defined in s. 112.3215, may not be
506 appointed or serve as a member of the authority.
507 (d)(b) Members of the authority may be removed from office
508 by the Governor for misconduct, malfeasance, misfeasance, or
509 nonfeasance in office.
510 (e) Members of the authority may receive reimbursement from
511 the authority for travel and other necessary expenses incurred
512 in connection with the business of the authority as provided in
513 s. 112.061, but may not draw salaries or other compensation.
514 (3)(a) The authority shall elect one of its members as
515 chair. The authority shall also elect a secretary and a
516 treasurer, who may be members of the authority. The chair,
517 secretary, and treasurer shall hold such offices at the will of
518 the authority.
519 (b) Three members of the authority constitute a quorum, and
520 the vote of three members is necessary for any action taken by
521 the authority. A vacancy in the authority does not impair the
522 right of a quorum of the authority to exercise all of the rights
523 and perform all of the duties of the authority.
524 (4)(a) The authority may employ an executive secretary, an
525 executive director, its own counsel and legal staff, technical
526 experts, engineers, and other employees, permanent or temporary,
527 as it may require, and may determine the qualifications and fix
528 the compensation of such persons, firms, or corporations.
529 Additionally, the authority may employ a fiscal agent or agents.
530 However, the authority shall solicit sealed proposals from at
531 least three persons, firms, or corporations for the performance
532 of any services as fiscal agents. The authority may delegate to
533 one or more of its agents or employees such of its power as it
534 deems necessary to carry out the purposes of this part, subject
535 always to the supervision and control of the authority.
536 (b) Members of the authority are entitled to receive from
537 the authority their travel and other necessary expenses incurred
538 in connection with the business of the authority as provided in
539 s. 112.061, but members shall not draw salaries or other
540 compensation.
541 (b)(c) The department is not required to grant funds for
542 startup costs to the authority. However, the governing body of
543 the county may provide funds for such startup costs.
544 (c)(d) The authority shall cooperate with and participate
545 in any efforts to establish a regional expressway authority.
546 (d)(e) Notwithstanding any other provision of law,
547 including s. 339.175(3), the authority is not entitled to voting
548 membership in a metropolitan planning organization in which
549 Osceola County, or any of the municipalities therein, are also
550 voting members.
551 (5)(a) A member or the executive director of the authority
552 may not:
553 1. Within 2 years after vacating his or her position as a
554 board member or the executive director, personally represent
555 another person or entity for compensation before the authority;
556 2. After vacating his or her position as a board member or
557 the executive director, have an employment or contractual
558 relationship with a business entity other than an agency, as
559 defined in s. 112.312, in connection with a contract in which
560 the member or executive director personally and substantially
561 participated through decision, approval, disapproval,
562 recommendation, rendering of advice, or investigation while he
563 or she was a member or employee of the authority.
564 (b) A violation of this subsection is punishable in
565 accordance with s. 112.317.
566 (6) The authority’s general counsel shall serve as the
567 authority’s ethics officer.
568 (7) An authority board member, employee, or consultant who
569 holds a position that may influence authority decisions may not
570 engage in any relationship that may adversely affect his or her
571 judgment in carrying out authority business. The following
572 disclosures must be made annually on a disclosure form to
573 prevent such conflicts of interest and preserve the integrity
574 and transparency of the authority to the public:
575 (a) Any relationship a board member, employee, or
576 consultant has which affords a current or future financial
577 benefit to such board member, employee, or consultant, or to a
578 relative or business associate of such board member, employee,
579 or consultant, and which a reasonable person would conclude has
580 the potential to create a prohibited conflict of interest.
581 (b) Whether a relative of such board member, employee, or
582 consultant is a registered lobbyist and, if so, the names of
583 such lobbyist’s clients. Such names shall be provided in writing
584 to the ethics officer.
585 (c) Any and all interests in real property that such board
586 member, employee, or consultant has, or that a relative,
587 principal, client, or business associate of such board member,
588 employee, or consultant has, if such real property is located
589 within, or within a 1/2-mile radius of, any actual or
590 prospective authority roadway project. The executive director
591 shall provide a corridor map and a property ownership list
592 reflecting the ownership of all real property within the
593 disclosure area, or an alignment map with a list of associated
594 owners, to all board member, employees, and consultants.
595 (8) The disclosure forms filed as required under subsection
596 (7) must be reviewed by the ethics officer or, if a form is
597 filed by the general counsel, by the executive director.
598 (9) The conflict of interest process shall be outlined in
599 the authority’s code of ethics.
600 (10) Authority employees and consultants may not serve on
601 the governing body of the authority while employed by or under
602 contract with the authority.
603 (11) The code of ethics policy shall be reviewed and
604 updated by the ethics officer and presented for board approval
605 at least once every 2 years.
606 (12) Employees shall be adequately informed and trained on
607 the code of ethics and shall continually participate in ongoing
608 ethics education.
609 Section 7. Subsection (6) of section 343.1003, Florida
610 Statutes, is amended to read:
611 343.1003 Northeast Florida Regional Transportation
612 Commission.—
613 (6) Notwithstanding s. 348.0003(2)(i) 348.0003(4)(c),
614 members of the board shall file a statement of financial
615 interest with the Commission on Ethics pursuant to s. 112.3145.
616 Section 8. This act shall take effect July 1, 2014.
617
618 ================= T I T L E A M E N D M E N T ================
619 And the title is amended as follows:
620 Delete everything before the enacting clause
621 and insert:
622 A bill to be entitled
623 An act relating to expressway authorities; amending s.
624 348.0003, F.S.; revising requirements relating to
625 expressway authority membership in specified counties;
626 requiring members of each expressway authority,
627 transportation authority, bridge authority, or toll
628 authority to comply with specified financial
629 disclosure requirements; prohibiting certain
630 activities by authority board members and executive
631 directors during and after membership or employment;
632 prohibiting certain activities and providing a
633 penalty; specifying who may serve as an ethics
634 officer; requiring disclosure of certain relationships
635 and interests; prohibiting employees and consultants
636 from membership on a board; providing for a code of
637 ethics policy; amending ss. 348.52, 348.753, and
638 348.9952, F.S., relating to the Tampa-Hillsborough
639 County Expressway Authority, the Orlando-Orange County
640 Expressway Authority, and the Osceola County
641 Expressway Authority, respectively; prohibiting
642 certain activities by authority board members and
643 executive directors during and after membership or
644 employment; providing a penalty; specifying who may
645 serve as an ethics officer; requiring disclosure of
646 certain relationships and interests; prohibiting
647 employees and consultants from membership on a board;
648 providing for a code of ethics policy; amending s.
649 348.53, F.S.; revising the Legislative declaration of
650 the Tampa-Hillsborough County Expressway Authority’s
651 purposes for the benefit of the people to include
652 managed lanes; amending s. 348.54, F.S.; authorizing
653 the Tampa-Hillsborough County Expressway Authority to
654 construct, operate, and maintain certain
655 transportation facilities within the jurisdictional
656 boundaries of a consenting county contiguous to
657 Hillsborough County, together with the right to
658 construct, operate, and maintain facilities and
659 electronic toll payment systems thereon or incidental
660 thereto; amending s. 343.1003, F.S.; conforming a
661 cross-reference; providing an effective date.