Florida Senate - 2014 CS for SB 772
By the Committee on Transportation; and Senator Garcia
596-03754-14 2014772c1
1 A bill to be entitled
2 An act relating to expressway authorities; amending s.
3 348.0003, F.S.; requiring members of each expressway
4 authority, transportation authority, bridge authority,
5 or toll authority to comply with specified financial
6 disclosure requirements; prohibiting certain
7 activities by authority board members and executive
8 directors during and after membership or employment;
9 prohibiting certain activities and providing a
10 penalty; specifying who may serve as an ethics
11 officer; requiring disclosure of certain relationships
12 and interests; prohibiting employees and consultants
13 from membership on a board; providing for a code of
14 ethics policy; amending ss. 348.52, 348.753, and
15 348.9952, F.S., relating to the Tampa-Hillsborough
16 County Expressway Authority, the Orlando-Orange County
17 Expressway Authority, and the Osceola County
18 Expressway Authority, respectively; prohibiting
19 certain activities by authority board members and
20 executive directors during and after membership or
21 employment; providing a penalty; specifying who may
22 serve as an ethics officer; requiring disclosure of
23 certain relationships and interests; prohibiting
24 employees and consultants from membership on a board;
25 providing for a code of ethics policy; amending s.
26 348.53, F.S.; revising the Legislative declaration of
27 the Tampa-Hillsborough County Expressway Authority’s
28 purposes for the benefit of the people to include
29 managed lanes; amending s. 348.54, F.S.; authorizing
30 the Tampa-Hillsborough County Expressway Authority to
31 construct, operate, and maintain certain
32 transportation facilities within the jurisdictional
33 boundaries of a consenting county contiguous to
34 Hillsborough County, together with the right to
35 construct, operate, and maintain facilities and
36 electronic toll payment systems thereon or incidental
37 thereto; amending s. 343.1003, F.S.; conforming a
38 cross-reference; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 348.0003, Florida Statutes, is amended
43 to read:
44 348.0003 Expressway authority; formation; membership.—
45 (1) Any county, or two or more contiguous counties located
46 within a single district of the department, may, by resolution
47 adopted by the board of county commissioners, form an expressway
48 authority, which shall be an agency of the state, pursuant to
49 the Florida Expressway Authority Act.
50 (2) The governing body of an authority shall consist of not
51 fewer than five nor more than nine voting members. The district
52 secretary of the affected department district shall serve as a
53 nonvoting member of the governing body of each authority located
54 within the district. Each member of the governing body must at
55 all times during his or her term of office be a permanent
56 resident of the county which he or she is appointed to
57 represent.
58 (a) Two members of the authority shall be appointed for
59 terms of 4 years by the Governor, subject to confirmation by the
60 Senate. Such persons may not hold elective office during their
61 terms of office.
62 (b) For a single-county authority, the remaining members
63 shall be appointed by the board of county commissioners for
64 terms of 3 years.
65 (c) For a multicounty authority, the remaining members
66 shall be apportioned, based on the population of such counties,
67 among the counties within the authority. Each such member shall
68 be appointed by the applicable board of county commissioners for
69 a term of 3 years.
70 (d) Notwithstanding any provision of to the contrary in
71 this subsection, in any county as defined in s. 125.011(1), the
72 governing body of an authority shall consist of up to 13
73 members, and the following provisions of this paragraph shall
74 apply specifically to such authority. Except for the district
75 secretary of the department, the members must be residents of
76 the county. Seven voting members shall be appointed by the
77 governing body of the county. At the discretion of the governing
78 body of the county, up to two of the members appointed by the
79 governing body of the county may be elected officials residing
80 in the county. Five voting members of the authority shall be
81 appointed by the Governor. One member shall be the district
82 secretary of the department serving in the district that
83 contains such county. This member shall be an ex officio voting
84 member of the authority. If the governing board of an authority
85 includes any member originally appointed by the governing body
86 of the county as a nonvoting member, when the term of such
87 member expires, that member shall be replaced by a member
88 appointed by the Governor until the governing body of the
89 authority is composed of seven members appointed by the
90 governing body of the county and five members appointed by the
91 Governor. The qualifications, terms of office, and obligations
92 and rights of members of the authority shall be determined by
93 resolution or ordinance of the governing body of the county in a
94 manner that is consistent with this paragraph, paragraphs (e)
95 (i), and subsections (3)-(12) (3) and (4).
96 (e) A member of an authority appointed by the governing
97 board of the county or appointed by the Governor may not serve
98 as a member of any other transportation-related board,
99 commission, or organization with audit oversight of the
100 authority while serving as a member of the authority.
101 (f) A lobbyist, as defined in s. 112.3215, may not be
102 appointed or serve as a member of an authority.
103 (g) A member of an authority may be removed from office by
104 the Governor for misconduct, malfeasance, misfeasance, or
105 nonfeasance in office.
106 (h) Members of an authority may receive reimbursement from
107 the authority for travel and other necessary expenses incurred
108 in connection with the business of the authority as provided in
109 s. 112.061, but may not draw salaries or other compensation.
110 (i) Members of each expressway authority, transportation
111 authority, bridge authority, or toll authority created pursuant
112 to this chapter, chapter 343, or any other general law shall
113 comply with the applicable financial disclosure requirements of
114 s. 8, Art. II of the State Constitution. This paragraph does not
115 subject any statutorily created authority, other than an
116 expressway authority created under this part, to any requirement
117 of this part except this paragraph.
118 (3)(a) The governing body of each authority shall elect one
119 of its members as its chair and shall elect a secretary and a
120 treasurer who need not be members of the authority. The chair,
121 secretary, and treasurer shall hold their offices at the will of
122 the authority. A simple majority of the governing body of the
123 authority constitutes a quorum, and the vote of a majority of
124 those members present is necessary for the governing body to
125 take any action. A vacancy on an authority shall not impair the
126 right of a quorum of the authority to exercise all of the rights
127 and perform all of the duties of the authority.
128 (b) Upon the effective date of his or her appointment, or
129 as soon thereafter as practicable, each appointed member of an
130 authority shall enter upon his or her duties.
131 (4)(a) An authority may employ an executive secretary, an
132 executive director, its own counsel and legal staff, technical
133 experts, and such engineers and employees, permanent or
134 temporary, as it may require and shall determine the
135 qualifications and fix the compensation of such persons, firms,
136 or corporations. An authority may employ a fiscal agent or
137 agents; however, the authority must solicit sealed proposals
138 from at least three persons, firms, or corporations for the
139 performance of any services as fiscal agents. An authority may
140 delegate to one or more of its agents or employees such of its
141 power as it deems necessary to carry out the purposes of the
142 Florida Expressway Authority Act, subject always to the
143 supervision and control of the authority. Members of an
144 authority may be removed from office by the Governor for
145 misconduct, malfeasance, misfeasance, or nonfeasance in office.
146 (b) Members of an authority are entitled to receive from
147 the authority their travel and other necessary expenses incurred
148 in connection with the business of the authority as provided in
149 s. 112.061, but they may not draw salaries or other
150 compensation.
151 (c) Members of each expressway authority, transportation
152 authority, bridge authority, or toll authority, created pursuant
153 to this chapter, chapter 343, or any other general law, shall
154 comply with the applicable financial disclosure requirements of
155 s. 8, Art. II of the State Constitution. This paragraph does not
156 subject any statutorily created authority, other than an
157 expressway authority created under this part, to any other
158 requirement of this part except the requirement of this
159 paragraph.
160 (5)(a) A member or the executive director of an authority
161 may not:
162 1. Within 2 years after vacating his or her position as a
163 board member or the executive director, personally represent
164 another person or entity for compensation before the authority;
165 2. After vacating his or her position as a board member or
166 the executive director, have an employment or contractual
167 relationship with a business entity other than an agency, as
168 defined in s. 112.312, in connection with a contract in which
169 the member or executive director personally and substantially
170 participated through decision, approval, disapproval,
171 recommendation, rendering of advice, or investigation while he
172 or she was a member or employee of the authority.
173 (b) A violation of this subsection is punishable in
174 accordance with s. 112.317.
175 (6) An authority’s general counsel shall serve as the
176 authority’s ethics officer.
177 (7) An authority board member, employee, or consultant who
178 holds a position that may influence authority decisions may not
179 engage in any relationship that may adversely affect his or her
180 judgment in carrying out authority business. The following
181 disclosures must be made annually on a disclosure form to
182 prevent such conflicts of interest and preserve the integrity
183 and transparency of the authority to the public:
184 (a) Any relationship that a board member, employee, or
185 consultant has which affords a current or future financial
186 benefit to such board member, employee, or consultant, or to a
187 relative or business associate of such board member, employee,
188 or consultant, and which a reasonable person would conclude has
189 the potential to create a prohibited conflict of interest.
190 (b) Whether a relative of such board member, employee, or
191 consultant is a registered lobbyist and, if so, the names of
192 such lobbyist’s clients. Such names shall be provided in writing
193 to the ethics officer.
194 (c) All interests in real property that such board member,
195 employee, or consultant has, or that a relative, principal,
196 client, or business associate of such board member, employee, or
197 consultant has, if such real property is located within, or
198 within a 1/2-mile radius of, any actual or prospective authority
199 roadway project. The executive director shall provide a corridor
200 map and a property ownership list reflecting the ownership of
201 all real property within the disclosure area, or an alignment
202 map with a list of associated owners, to all board members,
203 employees, and consultants.
204 (8) The disclosure forms filed as required under subsection
205 (7) must be reviewed by the ethics officer or, if a form is
206 filed by the general counsel, by the executive director.
207 (9) The conflict of interest process shall be outlined in
208 the authority’s code of ethics.
209 (10) Authority employees and consultants may not serve on
210 the governing body of the authority while employed by or under
211 contract with the authority.
212 (11) The code of ethics policy shall be reviewed and
213 updated by the ethics officer and presented for board approval
214 at least once every 2 years.
215 (12) Employees shall be adequately informed and trained on
216 the code of ethics and shall continually participate in ongoing
217 ethics education.
218 Section 2. Section 348.52, Florida Statutes, is amended to
219 read:
220 348.52 Tampa-Hillsborough County Expressway Authority.—
221 (1) There is hereby created and established a body politic
222 and corporate, an agency of the state, to be known as the
223 “Tampa-Hillsborough County Expressway Authority.”
224 (2) The governing body of the authority shall consist of a
225 board of seven members.
226 (a) Four of the members shall be appointed by the Governor
227 subject to confirmation by the Senate at the next regular
228 session of the Legislature. Refusal or failure of the Senate to
229 confirm an appointment shall create a vacancy.
230 1. Each such member’s term of office shall be for 4 years
231 or until his or her successor shall have been appointed and
232 qualified.
233 2. Vacancies occurring in the governing body for any such
234 members prior to the expiration of the affected term shall be
235 filled for the unexpired term.
236 3. The Governor shall have the authority to remove from
237 office any such member of the governing body in the manner and
238 for cause defined by the laws of this state.
239 3.4. Each such member, before entering upon his or her
240 official duties, shall take and subscribe to an oath before some
241 official authorized by law to administer oaths that he or she
242 will honestly, faithfully, and impartially perform the duties
243 devolving upon him or her in office as a member of the governing
244 body of the authority and that he or she will not neglect any
245 duties imposed upon him or her by this part.
246 (b) One member shall be the mayor, or the mayor’s
247 designate, who shall be the chair of the city council of the
248 city in Hillsborough County having the largest population,
249 according to the latest decennial census, who shall serve as a
250 member ex officio.
251 (c) One member shall be a member of the Board of County
252 Commissioners of Hillsborough County, selected by such board,
253 who shall serve as a member ex officio.
254 (d) One member shall be the district secretary of the
255 Department of Transportation serving in the district that
256 contains Hillsborough County, who shall serve ex officio.
257 (e) A member of the authority appointed by the governing
258 board of the county or appointed by the Governor may not serve
259 as a member of any other transportation-related board,
260 commission, or organization with audit oversight of the
261 authority while serving as a member of the authority.
262 (f) A lobbyist, as defined in s. 112.3215, may not be
263 appointed or serve as a member of the authority.
264 (g) A member of the authority may be removed from office by
265 the Governor for misconduct, malfeasance, misfeasance, or
266 nonfeasance in office.
267 (h) Members of the authority may receive reimbursement from
268 the authority for travel and other necessary expenses incurred
269 in connection with the business of the authority as provided in
270 s. 112.061, but may not draw salaries or other compensation.
271 (3) The authority shall designate one of its members as
272 chair. The members of the authority shall not be entitled to
273 compensation but shall be entitled to receive their travel and
274 other necessary expenses as provided in s. 112.061. A majority
275 of the members of the authority shall constitute a quorum, and
276 resolutions enacted or adopted by a vote of a majority of the
277 members present and voting at any meeting shall become effective
278 without publication or posting or any further action of the
279 authority.
280 (4) The authority may employ a secretary and executive
281 director, its own counsel and legal staff, and such legal,
282 financial, and other professional consultants, technical
283 experts, engineers, and employees, permanent or temporary, as it
284 may require and may determine the qualifications and fix the
285 compensation of such persons, firms, or corporations. The
286 authority may contract with the Division of Bond Finance of the
287 State Board of Administration for any financial services
288 authorized herein.
289 (5) The authority may delegate to one or more of its
290 officers or employees such of its powers as it shall deem
291 necessary to carry out the purposes of this part, subject always
292 to the supervision and control of the authority. Members of the
293 authority may be removed from their office by the Governor for
294 misconduct, malfeasance, misfeasance, and nonfeasance in office.
295 (6)(a) A member or the executive director of the authority
296 may not:
297 1. Within 2 years after vacating his or her position as a
298 board member or the executive director, personally represent
299 another person or entity for compensation before the authority;
300 2. After vacating his or her position as a board member or
301 the executive director, have an employment or contractual
302 relationship with a business entity other than an agency, as
303 defined in s. 112.312, in connection with a contract in which
304 the member or executive director personally and substantially
305 participated through decision, approval, disapproval,
306 recommendation, rendering of advice, or investigation while he
307 or she was a member or employee of the authority.
308 (b) A violation of this subsection is punishable in
309 accordance with s. 112.317.
310 (7) The authority’s general counsel shall serve as the
311 authority’s ethics officer.
312 (8) An authority board member, employee, or consultant who
313 holds a position that may influence authority decisions may not
314 engage in any relationship that may adversely affect his or her
315 judgment in carrying out authority business. The following
316 disclosures must be made annually on a disclosure form to
317 prevent such conflicts of interest and preserve the integrity
318 and transparency of the authority to the public:
319 (a) Any relationship a board member, employee, or
320 consultant has which affords a current or future financial
321 benefit to such board member, employee, or consultant, or to a
322 relative or business associate of such board member, employee,
323 or consultant, and which a reasonable person would conclude has
324 the potential to create a prohibited conflict of interest.
325 (b) Whether a relative of such board member, employee, or
326 consultant is a registered lobbyist and, if so, the names of
327 such lobbyist’s clients. Such names shall be provided in writing
328 to the ethics officer.
329 (c) All interests in real property that such board member,
330 employee, or consultant has, or that a relative, principal,
331 client, or business associate of such board member, employee, or
332 consultant has, if such real property is located within, or
333 within a 1/2-mile radius of, any actual or prospective authority
334 roadway project. The executive director shall provide a corridor
335 map and a property ownership list reflecting the ownership of
336 all real property within the disclosure area, or an alignment
337 map with a list of associated owners, to all board members,
338 employees, and consultants.
339 (9) The disclosure forms filed as required under subsection
340 (8) must be reviewed by the ethics officer or, if a form is
341 filed by the general counsel, by the executive director.
342 (10) The conflict of interest process shall be outlined in
343 the authority’s code of ethics.
344 (11) Authority employees and consultants may not serve on
345 the governing body of the authority while employed by or under
346 contract with the authority.
347 (12) The code of ethics policy shall be reviewed and
348 updated by the ethics officer and presented for board approval
349 at least once every 2 years.
350 (13) Employees shall be adequately informed and trained on
351 the code of ethics and shall continually participate in ongoing
352 ethics education.
353 Section 3. Section 348.53, Florida Statutes, is amended to
354 read:
355 348.53 Purposes of the authority.—The authority is created
356 for the purposes and shall have power to construct, reconstruct,
357 improve, extend, repair, maintain and operate the expressway
358 system. It is hereby found and declared that such purposes are
359 in all respects for the benefit of the people of the State of
360 Florida, City of Tampa and the County of Hillsborough, for the
361 increase of their pleasure, convenience and welfare, for the
362 improvement of their health, to facilitate transportation,
363 including managed lanes, for their recreation and commerce and
364 for the common defense. The authority shall be performing a
365 public purpose and a governmental function in carrying out its
366 corporate purpose and in exercising the powers granted herein.
367 Section 4. Subsection (15) is added to section 348.54,
368 Florida Statutes, to read:
369 348.54 Powers of the authority.—Except as otherwise limited
370 herein, the authority shall have the power:
371 (15) With the consent of the county within whose
372 jurisdiction the following activities occur, the authority shall
373 have the right to construct, operate, and maintain roads,
374 bridges, avenues of access, thoroughfares, boulevards, and
375 managed lanes outside the jurisdictional boundaries of
376 Hillsborough County and within the jurisdictional boundaries of
377 counties contiguous to Hillsborough County together with the
378 right to construct, repair, replace, operate, install, and
379 maintain facilities and electronic toll payment systems thereon
380 or incidental thereto, with all necessary and incidental powers
381 to accomplish the foregoing.
382 Section 5. Section 348.753, Florida Statutes, is amended to
383 read:
384 348.753 Orlando-Orange County Expressway Authority.—
385 (1) There is hereby created and established a body politic
386 and corporate, an agency of the state, to be known as the
387 Orlando-Orange County Expressway Authority, hereinafter referred
388 to as “authority.”
389 (2)(a) The governing body of the authority shall consist of
390 five members. Three members shall be citizens of Orange County,
391 who shall be appointed by the Governor. The fourth member shall
392 be, ex officio, the chair of the County Commissioners of Orange
393 County, and the fifth member shall be, ex officio, the district
394 secretary of the Department of Transportation serving in the
395 district that contains Orange County. The term of each appointed
396 member shall be for 4 years. Each appointed member shall hold
397 office until his or her successor has been appointed and has
398 qualified. A vacancy occurring during a term shall be filled
399 only for the balance of the unexpired term. Each appointed
400 member of the authority shall be a person of outstanding
401 reputation for integrity, responsibility, and business ability,
402 but no person who is an officer or employee of any city or of
403 Orange County in any other capacity shall be an appointed member
404 of the authority. Any member of the authority shall be eligible
405 for reappointment.
406 (b) A member of the authority appointed by the governing
407 body of the county or appointed by the Governor may not serve as
408 a member of any other transportation-related board, commission,
409 or organization with audit oversight of the authority while
410 serving as a member of the authority.
411 (c) A lobbyist, as defined in s. 112.3215, may not be
412 appointed or serve as a member of the authority.
413 (d) A member of the authority may be removed from office by
414 the Governor for misconduct, malfeasance, misfeasance, or
415 nonfeasance in office.
416 (e) Members of the authority may receive reimbursement from
417 the authority for travel and other necessary expenses incurred
418 in connection with the business of the authority as provided in
419 s. 112.061, but may not draw salaries or other compensation.
420 (3)(a) The authority shall elect one of its members as
421 chair of the authority. The authority shall also elect a
422 secretary and a treasurer who may or may not be members of the
423 authority. The chair, secretary, and treasurer shall hold such
424 offices at the will of the authority. Three members of the
425 authority shall constitute a quorum, and the vote of three
426 members shall be necessary for any action taken by the
427 authority. No vacancy in the authority shall impair the right of
428 a quorum of the authority to exercise all of the rights and
429 perform all of the duties of the authority.
430 (b) Upon the effective date of his or her appointment, or
431 as soon thereafter as practicable, each appointed member of the
432 authority shall enter upon his or her duties.
433 (4)(a) The authority may employ an executive secretary, an
434 executive director, its own counsel and legal staff, technical
435 experts, such engineers, and such employees, permanent or
436 temporary, as it may require and may determine the
437 qualifications and fix the compensation of such persons, firms,
438 or corporations and may employ a fiscal agent or agents,
439 provided, however, that the authority shall solicit sealed
440 proposals from at least three persons, firms, or corporations
441 for the performance of any services as fiscal agents. The
442 authority may delegate to one or more of its agents or employees
443 such of its power as it shall deem necessary to carry out the
444 purposes of this part, subject always to the supervision and
445 control of the authority. Members of the authority may be
446 removed from their office by the Governor for misconduct,
447 malfeasance, misfeasance, or nonfeasance in office.
448 (b) Members of the authority shall be entitled to receive
449 from the authority their travel and other necessary expenses
450 incurred in connection with the business of the authority as
451 provided in s. 112.061, but they shall draw no salaries or other
452 compensation.
453 (5)(a) A member or the executive director of the authority
454 may not:
455 1. Within 2 years after vacating his or her position as a
456 board member or the executive director, personally represent
457 another person or entity for compensation before the authority;
458 2. After vacating his or her position as a board member or
459 the executive director, have an employment or contractual
460 relationship with a business entity other than an agency, as
461 defined in s. 112.312, in connection with a contract in which
462 the member or executive director personally and substantially
463 participated through decision, approval, disapproval,
464 recommendation, rendering of advice, or investigation while he
465 or she was a member or employee of the authority.
466 (b) A violation of this subsection is punishable in
467 accordance with s. 112.317.
468 (6) The authority’s general counsel shall serve as the
469 authority’s ethics officer.
470 (7) An authority board member, employee, or consultant who
471 holds a position that may influence authority decisions may not
472 engage in any relationship that may adversely affect his or her
473 judgment in carrying out authority business. The following
474 disclosures must be made annually on a disclosure form to
475 prevent such conflicts of interest and preserve the integrity
476 and transparency of the authority to the public:
477 (a) Any relationship a board member, employee, or
478 consultant has which affords a current or future financial
479 benefit to such board member, employee, or consultant, or to a
480 relative or business associate of such board member, employee,
481 or consultant, and which a reasonable person would conclude has
482 the potential to create a prohibited conflict of interest.
483 (b) Whether a relative of such board member, employee, or
484 consultant is a registered lobbyist and, if so, the names of
485 such lobbyist’s clients. Such names shall be provided in writing
486 to the ethics officer.
487 (c) All interests in real property that such board member,
488 employee, or consultant has, or that a relative, principal,
489 client, or business associate of such board member, employee, or
490 consultant has, if such real property is located within, or
491 within a 1/2-mile radius of, any actual or prospective authority
492 roadway project. The executive director shall provide a corridor
493 map and a property ownership list reflecting the ownership of
494 all real property within the disclosure area, or an alignment
495 map with a list of associated owners, to all board member,
496 employees, and consultants.
497 (8) The disclosure forms filed as required under subsection
498 (7) must be reviewed by the ethics officer or, if a form is
499 filed by the general counsel, by the executive director.
500 (9) The conflict of interest process shall be outlined in
501 the authority’s code of ethics.
502 (10) Authority employees and consultants may not serve on
503 the governing body of the authority while employed by or under
504 contract with the authority.
505 (11) The code of ethics policy shall be reviewed and
506 updated by the ethics officer and presented for board approval
507 at least once every 2 years.
508 (12) Employees shall be adequately informed and trained on
509 the code of ethics and shall continually participate in ongoing
510 ethics education.
511 Section 6. Section 348.9952, Florida Statutes, is amended
512 to read:
513 348.9952 Osceola County Expressway Authority.—
514 (1) There is created a body politic and corporate, an
515 agency of the state, to be known as the Osceola County
516 Expressway Authority.
517 (2)(a) The governing body of the authority shall consist of
518 six members. Five members, at least one of whom must be a member
519 of a racial or ethnic minority group, must be residents of
520 Osceola County, three of whom shall be appointed by the
521 governing body of the county and two of whom shall be appointed
522 by the Governor. The sixth member shall be the district
523 secretary of the department serving in the district that
524 includes Osceola County, who shall serve as an ex officio,
525 nonvoting member. The term of each appointed member shall be for
526 4 years, except that the first term of the initial members
527 appointed by the Governor shall be 2 years each. Each appointed
528 member shall hold office until his or her successor has been
529 appointed and has qualified. A vacancy occurring during a term
530 shall be filled only for the balance of the unexpired term. Each
531 appointed member of the authority shall be a person of
532 outstanding reputation for integrity, responsibility, and
533 business ability, but a person who is an officer or employee of
534 any municipality or of Osceola County in any other capacity may
535 not be an appointed member of the authority. A member of the
536 authority is eligible for reappointment.
537 (b) A member of the authority appointed by the governing
538 board of the county or appointed by the Governor may not serve
539 as a member of any other transportation-related board,
540 commission, or organization with audit oversight of the
541 authority while serving as a member of the authority.
542 (c) A lobbyist, as defined in s. 112.3215, may not be
543 appointed or serve as a member of the authority.
544 (d)(b) Members of the authority may be removed from office
545 by the Governor for misconduct, malfeasance, misfeasance, or
546 nonfeasance in office.
547 (e) Members of the authority may receive reimbursement from
548 the authority for travel and other necessary expenses incurred
549 in connection with the business of the authority as provided in
550 s. 112.061, but may not draw salaries or other compensation.
551 (3)(a) The authority shall elect one of its members as
552 chair. The authority shall also elect a secretary and a
553 treasurer, who may be members of the authority. The chair,
554 secretary, and treasurer shall hold such offices at the will of
555 the authority.
556 (b) Three members of the authority constitute a quorum, and
557 the vote of three members is necessary for any action taken by
558 the authority. A vacancy in the authority does not impair the
559 right of a quorum of the authority to exercise all of the rights
560 and perform all of the duties of the authority.
561 (4)(a) The authority may employ an executive secretary, an
562 executive director, its own counsel and legal staff, technical
563 experts, engineers, and other employees, permanent or temporary,
564 as it may require, and may determine the qualifications and fix
565 the compensation of such persons, firms, or corporations.
566 Additionally, the authority may employ a fiscal agent or agents.
567 However, the authority shall solicit sealed proposals from at
568 least three persons, firms, or corporations for the performance
569 of any services as fiscal agents. The authority may delegate to
570 one or more of its agents or employees such of its power as it
571 deems necessary to carry out the purposes of this part, subject
572 always to the supervision and control of the authority.
573 (b) Members of the authority are entitled to receive from
574 the authority their travel and other necessary expenses incurred
575 in connection with the business of the authority as provided in
576 s. 112.061, but members shall not draw salaries or other
577 compensation.
578 (b)(c) The department is not required to grant funds for
579 startup costs to the authority. However, the governing body of
580 the county may provide funds for such startup costs.
581 (c)(d) The authority shall cooperate with and participate
582 in any efforts to establish a regional expressway authority.
583 (d)(e) Notwithstanding any other provision of law,
584 including s. 339.175(3), the authority is not entitled to voting
585 membership in a metropolitan planning organization in which
586 Osceola County, or any of the municipalities therein, are also
587 voting members.
588 (5)(a) A member or the executive director of the authority
589 may not:
590 1. Within 2 years after vacating his or her position as a
591 board member or the executive director, personally represent
592 another person or entity for compensation before the authority;
593 2. After vacating his or her position as a board member or
594 the executive director, have an employment or contractual
595 relationship with a business entity other than an agency, as
596 defined in s. 112.312, in connection with a contract in which
597 the member or executive director personally and substantially
598 participated through decision, approval, disapproval,
599 recommendation, rendering of advice, or investigation while he
600 or she was a member or employee of the authority.
601 (b) A violation of this subsection is punishable in
602 accordance with s. 112.317.
603 (6) The authority’s general counsel shall serve as the
604 authority’s ethics officer.
605 (7) An authority board member, employee, or consultant who
606 holds a position that may influence authority decisions may not
607 engage in any relationship that may adversely affect his or her
608 judgment in carrying out authority business. The following
609 disclosures must be made annually on a disclosure form to
610 prevent such conflicts of interest and preserve the integrity
611 and transparency of the authority to the public:
612 (a) Any relationship a board member, employee, or
613 consultant has which affords a current or future financial
614 benefit to such board member, employee, or consultant, or to a
615 relative or business associate of such board member, employee,
616 or consultant, and which a reasonable person would conclude has
617 the potential to create a prohibited conflict of interest.
618 (b) Whether a relative of such board member, employee, or
619 consultant is a registered lobbyist and, if so, the names of
620 such lobbyist’s clients. Such names shall be provided in writing
621 to the ethics officer.
622 (c) Any and all interests in real property that such board
623 member, employee, or consultant has, or that a relative,
624 principal, client, or business associate of such board member,
625 employee, or consultant has, if such real property is located
626 within, or within a 1/2-mile radius of, any actual or
627 prospective authority roadway project. The executive director
628 shall provide a corridor map and a property ownership list
629 reflecting the ownership of all real property within the
630 disclosure area, or an alignment map with a list of associated
631 owners, to all board member, employees, and consultants.
632 (8) The disclosure forms filed as required under subsection
633 (7) must be reviewed by the ethics officer or, if a form is
634 filed by the general counsel, by the executive director.
635 (9) The conflict of interest process shall be outlined in
636 the authority’s code of ethics.
637 (10) Authority employees and consultants may not serve on
638 the governing body of the authority while employed by or under
639 contract with the authority.
640 (11) The code of ethics policy shall be reviewed and
641 updated by the ethics officer and presented for board approval
642 at least once every 2 years.
643 (12) Employees shall be adequately informed and trained on
644 the code of ethics and shall continually participate in ongoing
645 ethics education.
646 Section 7. Subsection (6) of section 343.1003, Florida
647 Statutes, is amended to read:
648 343.1003 Northeast Florida Regional Transportation
649 Commission.—
650 (6) Notwithstanding s. 348.0003(2)(i) 348.0003(4)(c),
651 members of the board shall file a statement of financial
652 interest with the Commission on Ethics pursuant to s. 112.3145.
653 Section 8. This act shall take effect July 1, 2014.