Florida Senate - 2020                             CS for SB 1258
       By the Committee on Community Affairs; and Senators Diaz and
       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.
   36  Be It Enacted by the Legislature of the State of Florida:
   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.
   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         332.0075Commercial 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.