Florida Senate - 2020 CS for SB 1258 By the Committee on Community Affairs; and Senators Diaz and Baxley 578-03803-20 20201258c1 1 A bill to be entitled 2 An act relating to commercial service airports; 3 amending s. 11.45, F.S.; directing 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; providing that a 10 separate filing is not required under specified 11 circumstances; defining the term “large-hub commercial 12 service airport”; creating s. 332.0075, F.S.; 13 providing definitions; requiring the governing body of 14 a municipality, county, or special district that 15 operates a commercial service airport to establish and 16 maintain a website; requiring the governing body to 17 post or provide links to certain information on the 18 website; requiring the posting of specified contracts; 19 providing for the redaction of confidential and exempt 20 information; requiring commercial service airports to 21 comply with certain contracting requirements; 22 providing exceptions; requiring the governing body to 23 approve, award, or ratify certain contracts; requiring 24 members of the governing body of a commercial service 25 airport to comply with certain ethics requirements and 26 complete annual ethics training; requiring governing 27 bodies of commercial service airports to submit 28 certain information annually to the Department of 29 Transportation; requiring the department to review 30 such information and submit an annual report to the 31 Governor and the Legislature; prohibiting the 32 department’s expenditure of certain funds unless 33 specified conditions are met; providing an effective 34 date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Paragraph (m) is added to subsection (2) of 39 section 11.45, Florida Statutes, to read: 40 11.45 Definitions; duties; authorities; reports; rules.— 41 (2) DUTIES.—The Auditor General shall: 42 (m) At least once every 7 years, conduct an operational and 43 financial audit of each large-hub commercial service airport. 44 Each operational audit shall include, at a minimum, an 45 assessment of compliance with s. 332.0075, including compliance 46 with chapter 287, and compliance with the public records and 47 public meetings laws of this state. For purposes of this 48 paragraph, the term “large-hub commercial service airport” means 49 a publicly owned airport that has at least 1 percent of the 50 annual passenger boardings in the United States as reported by 51 the Federal Aviation Administration. 52 53 The Auditor General shall perform his or her duties 54 independently but under the general policies established by the 55 Legislative Auditing Committee. This subsection does not limit 56 the Auditor General’s discretionary authority to conduct other 57 audits or engagements of governmental entities as authorized in 58 subsection (3). 59 Section 2. Paragraph (c) is added to subsection (1) of 60 section 112.3144, Florida Statutes, to read: 61 112.3144 Full and public disclosure of financial 62 interests.— 63 (1) 64 (c) Each member of the governing body of a large-hub 65 commercial service airport shall comply with the applicable 66 financial disclosure requirements of s. 8, Art. II of the State 67 Constitution. Any person otherwise required under this 68 subsection to file a full and public financial disclosure, is 69 not required to separately file a full and public financial 70 disclosure under this paragraph. For purposes of this paragraph, 71 the term “large-hub commercial service airport” means a publicly 72 owned airport that has at least 1 percent of the annual 73 passenger boardings in the United States as reported by the 74 Federal Aviation Administration. 75 Section 3. Section 332.0075, Florida Statutes, is created 76 to read: 77 332.0075 Commercial service airports; transparency and 78 accountability; penalty.— 79 (1) As used in this section, the term: 80 (a) “Commercial service airport” means a primary airport, 81 as defined in 49 U.S.C. s. 47102, that is classified as a large 82 , medium-, or small-hub airport by the Federal Aviation 83 Administration. 84 (b) “Department” means the Department of Transportation. 85 (c) “Governing body” means the governing body of the 86 county, municipality, or special district that operates a 87 commercial service airport. 88 (2) Each governing body shall establish and maintain a 89 website to post information relating to the operation of a 90 commercial service airport, including: 91 (a) All published notices of meetings and published meeting 92 agendas of the governing body. 93 (b) The official minutes of each meeting of the governing 94 body, which shall be posted within 7 business days after the 95 date of the meeting in which the minutes were approved. 96 (c) The approved budget for the commercial service airport 97 for the current fiscal year, which shall be posted within 7 98 business days after the date of adoption. Budgets must remain on 99 the website for 2 years after the conclusion of the fiscal year 100 for which they were adopted. 101 (d) A link to the airport master plan for the commercial 102 service airport on the Federal Aviation Administration’s 103 website. 104 (e) A link to all financial and statistical reports for the 105 commercial service airport on the Federal Aviation 106 Administration’s website. 107 (f) Any contract or contract amendment executed by or on 108 behalf of the commercial service airport in excess of $100,000, 109 shall be posted no later than 7 business days after the 110 commercial service airport executes the contract or contract 111 amendment. However, a contract or contract amendment may not 112 reveal information made confidential or exempt by law. Each 113 commercial service airport must redact confidential or exempt 114 information from each contract or contract amendment before 115 posting a copy on its website. 116 (g) Position and rate information for each employee of the 117 commercial service airport, including, at a minimum, the 118 employee’s position title, position description, and annual or 119 hourly salary. 120 (3)(a) Notwithstanding any other provision of law to the 121 contrary, commercial service airports are subject to the 122 requirements of chapter 287 for purchases of commodities or 123 contractual services that exceed $100,000. If the purchase of 124 commodities or contractual services exceeds $100,000, the 125 purchase of commodities or contractual services may not be made 126 without receiving competitive sealed bids, competitive sealed 127 proposals, or competitive sealed replies unless an exception 128 applies as provided in s. 287.057(3) or an immediate danger to 129 the public health, safety, or welfare, or other substantial loss 130 to the commercial service airport requires emergency action. In 131 making purchases or conducting a competitive solicitation 132 pursuant to this section, a commercial service airport is 133 authorized to enact or adopt criteria, standards, preferences, 134 or policies for the promotion of small or locally owned 135 businesses, or otherwise apply such criteria, standards, 136 preferences, or policies otherwise generally applicable to 137 competitive solicitations of the political subdivision owning 138 and operating such commercial service airport, and may impose 139 contract provisions necessary to address local economic 140 conditions or local regulatory requirements. 141 (b) A governing body must approve, award, or ratify all 142 contracts executed by or on behalf of a commercial service 143 airport in excess of the threshold amount provided in s. 287.017 144 for CATEGORY FIVE as a separate line item on the agenda and must 145 provide a reasonable opportunity for public comment. Such 146 contracts may not be approved, awarded, or ratified as part of a 147 consent agenda. 148 (4)(a) Members of a governing body and employees of a 149 commercial service airport are subject to part III of chapter 150 112. However, this paragraph does not prohibit the application 151 of more stringent ethical standards adopted by county or 152 municipal charter, ordinance, or resolution of the governing 153 body for its members and employees. 154 (b) Beginning January 1, 2021, each member of a governing 155 body must complete 4 hours of ethics training each calendar year 156 which addresses, at a minimum, s. 8, Art. II of the State 157 Constitution, the Code of Ethics for Public Officers and 158 Employees, and the public records and public meetings laws of 159 this state. This requirement may be satisfied by completion of a 160 continuing legal education class or other continuing 161 professional education class, seminar, or presentation if the 162 required subject material is covered therein. Constitutional 163 officers and elected municipal officers who are members of the 164 governing body who complete the ethics training required in s. 165 112.3142 shall be considered in compliance with this paragraph. 166 (5)(a) Beginning November 1, 2021, and each November 1 167 thereafter, the governing body of each commercial service 168 airport shall submit the following information to the 169 department: 170 1. Its approved budget for the current fiscal year. 171 2. Any financial reports submitted to the Federal Aviation 172 Administration during the previous calendar year. 173 3. A link to its website. 174 4. A statement, verified as provided in s. 92.525, that it 175 has complied with part III of chapter 112, chapter 287, and this 176 section. 177 (b) The department shall review the information submitted 178 by the commercial service airport and posted on the airport’s 179 website to determine the accuracy of such information. Beginning 180 January 15, 2022, and each January 15 thereafter, the department 181 shall submit to the Governor, the President of the Senate, and 182 the Speaker of the House of Representatives a report summarizing 183 commercial service airport compliance with this section. 184 (6) The department may not expend any funds allocated to a 185 commercial service airport as contained in the adopted work 186 program, unless pledged for debt service, until the commercial 187 service airport demonstrates its compliance with this section. 188 Section 4. This act shall take effect October 1, 2020.