Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1258
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

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