Florida Senate - 2020                                    SB 1258
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00603A-20                                          20201258__
    1                        A bill to be entitled                      
    2         An act relating to commercial service airports;
    3         amending s. 11.45, F.S.; requiring the Auditor General
    4         to conduct specified audits of certain airports;
    5         defining the term “large-hub commercial service
    6         airport”; amending s. 112.3144, F.S.; requiring
    7         members of the governing body of a large-hub
    8         commercial service airport to comply with certain
    9         financial disclosure requirements; defining the term
   10         “large-hub commercial service airport”; creating s.
   11         332.0075, F.S.; defining terms; requiring the
   12         governing body of a municipality, county, or special
   13         district that operates a commercial service airport to
   14         establish and maintain a website; requiring the
   15         governing body to post certain information on the
   16         website; requiring commercial service airports to
   17         comply with certain contracting requirements;
   18         providing approval requirements for certain contracts;
   19         requiring governing body members and employees of a
   20         commercial service airport to comply with certain
   21         ethics requirements; requiring governing body members
   22         to complete annual ethics training; requiring
   23         commercial service airports to submit certain
   24         information annually to the Department of
   25         Transportation; requiring the department to review
   26         such information and submit an annual report to the
   27         Governor and the Legislature; prohibiting the
   28         expenditure of certain funds unless specified
   29         conditions are met; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (m) is added to subsection (2) of
   34  section 11.45, Florida Statutes, to read:
   35         11.45 Definitions; duties; authorities; reports; rules.—
   36         (2) DUTIES.—The Auditor General shall:
   37         (m)At least once every 5 years, conduct an operational and
   38  financial audit of each large-hub commercial service airport.
   39  For purposes of this paragraph, the term “large-hub commercial
   40  service airport” means a publicly owned airport that has at
   41  least 1 percent of the annual passenger boardings in the United
   42  States as reported by the Federal Aviation Administration.
   43  
   44  The Auditor General shall perform his or her duties
   45  independently but under the general policies established by the
   46  Legislative Auditing Committee. This subsection does not limit
   47  the Auditor General’s discretionary authority to conduct other
   48  audits or engagements of governmental entities as authorized in
   49  subsection (3).
   50         Section 2. Paragraph (c) is added to subsection (1) of
   51  section 112.3144, Florida Statutes, to read:
   52         112.3144 Full and public disclosure of financial
   53  interests.—
   54         (1)
   55         (c)Each member of the governing body of a large-hub
   56  commercial service airport shall comply with the applicable
   57  financial disclosure requirements of s. 8, Art. II of the State
   58  Constitution. For purposes of this paragraph, the term “large
   59  hub commercial service airport” means a publicly owned airport
   60  that has at least 1 percent of the annual passenger boardings in
   61  the United States as reported by the Federal Aviation
   62  Administration.
   63         Section 3. Section 332.0075, Florida Statutes, is created
   64  to read:
   65         332.0075Commercial service airports; transparency and
   66  accountability; penalty.—
   67         (1)As used in this section, the term:
   68         (a)“Commercial service airport” means a publicly owned
   69  airport that has at least 2,500 passenger boardings each
   70  calendar year and receives scheduled passenger service as
   71  reported by the Federal Aviation Administration.
   72         (b)“Department” means the Department of Transportation.
   73         (c)“Governing body” means the governing body of the
   74  municipality, county, or special district that operates a
   75  commercial service airport.
   76         (2)Each governing body shall establish and maintain a
   77  website to post information relating to the operation of a
   78  commercial service airport, including:
   79         (a)All published notices of meetings and published meeting
   80  agendas of the governing body.
   81         (b)The official minutes of each meeting of the governing
   82  body, which shall be posted within 3 business days after the
   83  date of the meeting in which the minutes were approved.
   84         (c)The approved budget for the commercial service airport
   85  for the current fiscal year, which shall be posted within 7 days
   86  after the date of adoption. Budgets must remain on the website
   87  for 2 years after the conclusion of the fiscal year in which
   88  they were adopted.
   89         (d)All commercial service airport planning documents
   90  submitted to the Federal Aviation Administration, which shall be
   91  posted upon submission to the Federal Aviation Administration.
   92         (e)All financial and statistical reports required to be
   93  submitted to the Federal Aviation Administration, which shall be
   94  posted upon submission to the Federal Aviation Administration.
   95         (f)Any contract or contract amendment executed by or on
   96  behalf of the commercial service airport in excess of the
   97  threshold amount provided for in s. 287.017 for CATEGORY TWO,
   98  which shall be posted no later than 7 days before the governing
   99  body votes to approve the contract or contract amendment.
  100         (g)Position and rate information for each employee of the
  101  commercial service airport, including, at a minimum, the
  102  employee’s position title, position description, and annual or
  103  hourly salary.
  104         (3)(a)Notwithstanding any other provision of law to the
  105  contrary, commercial service airports are subject to the
  106  requirements of chapter 287.
  107         (b)A governing body must approve each contract executed by
  108  or on behalf of a commercial service airport in excess of the
  109  threshold amount provided for in s. 287.017 for CATEGORY THREE
  110  as a separate line item on the agenda after providing a
  111  reasonable opportunity for public comment. Such contracts may
  112  not be approved as part of a 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.
  116         (b)Beginning January 1, 2021, each member of a governing
  117  body must complete 4 hours of ethics training each calendar year
  118  which addresses, at a minimum, s. 8, Art. II of the State
  119  Constitution, the Code of Ethics for Public Officers and
  120  Employees, and the public records and public meetings laws of
  121  this state. This requirement may be satisfied by completion of a
  122  continuing legal education class or other continuing
  123  professional education class, seminar, or presentation if the
  124  required subject material is covered therein.
  125         (5)(a)Beginning November 1, 2021, and each November 1
  126  thereafter, each commercial service airport shall submit the
  127  following information to the department:
  128         1.Its approved budget for the current fiscal year.
  129         2.Any financial reports submitted to the Federal Aviation
  130  Administration during the previous calendar year.
  131         3.A link to its website.
  132         4.A statement, verified as provided in s. 92.525, that it
  133  has complied with part III of chapter 112, chapter 287, and this
  134  section.
  135         (b)The department shall review the information submitted
  136  by the commercial service airport and posted on the airport’s
  137  website to determine the accuracy of such information. Beginning
  138  January 15, 2022, and each January 15 thereafter, the department
  139  shall submit to the Governor, the President of the Senate, and
  140  the Speaker of the House of Representatives a report summarizing
  141  commercial service airport compliance with this section.
  142         (6)The department may not expend any funds allocated to a
  143  commercial service airport as contained in the adopted work
  144  program, unless pledged for debt service, until the commercial
  145  service airport demonstrates its compliance with this section.
  146         Section 4. This act shall take effect July 1, 2020.