Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1258 Ì349612$Î349612 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Diaz) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 19 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: 44 332.0075 Commercial 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. 146 147 ================= 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.