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