Florida Senate - 2020 CS for CS for SB 1258 By the Committees on Rules; and Community Affairs; and Senators Diaz and Baxley 595-04468-20 20201258c2 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; defining the term 10 “large-hub commercial service airport”; creating s. 11 332.0075, F.S.; providing definitions; 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 or provide links to certain 16 information on the website; requiring the posting of 17 specified contracts; providing for the redaction of 18 confidential and exempt information; requiring 19 commercial service airports to comply with certain 20 contracting requirements; providing exceptions; 21 requiring the governing body to approve, award, or 22 ratify certain contracts; requiring members of the 23 governing body of a commercial service airport to 24 comply with certain ethics requirements and complete 25 annual ethics training; requiring governing bodies of 26 commercial service airports to submit certain 27 information annually to the Department of 28 Transportation; requiring the department to review 29 such information and submit an annual report to the 30 Governor and the Legislature; prohibiting the 31 department’s expenditure of certain funds unless 32 specified conditions are met; providing an effective 33 date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Paragraph (m) is added to subsection (2) of 38 section 11.45, Florida Statutes, to read: 39 11.45 Definitions; duties; authorities; reports; rules.— 40 (2) DUTIES.—The Auditor General shall: 41 (m) At least once every 7 years, conduct an operational and 42 financial audit of each large-hub commercial service airport. 43 Each operational audit shall include, at a minimum, an 44 assessment of compliance with s. 332.0075, including compliance 45 with chapter 287, and compliance with the public records and 46 public meetings laws of this state. For purposes of this 47 paragraph, the term “large-hub commercial service airport” means 48 a publicly owned airport that has at least 1 percent of the 49 annual passenger boardings in the United States as reported by 50 the Federal Aviation Administration. 51 52 The Auditor General shall perform his or her duties 53 independently but under the general policies established by the 54 Legislative Auditing Committee. This subsection does not limit 55 the Auditor General’s discretionary authority to conduct other 56 audits or engagements of governmental entities as authorized in 57 subsection (3). 58 Section 2. Paragraph (c) is added to subsection (1) of 59 section 112.3144, Florida Statutes, to read: 60 112.3144 Full and public disclosure of financial 61 interests.— 62 (1) 63 (c) Each member of the governing body of a large-hub 64 commercial service airport, except for members required to 65 comply with the financial disclosure requirements of s. 8, Art. 66 II of the State Constitution, shall comply with the financial 67 disclosure requirements of s. 112.3145(3). For purposes of this 68 paragraph, the term “large-hub commercial service airport” means 69 a publicly owned airport that has at least 1 percent of the 70 annual passenger boardings in the United States as reported by 71 the Federal Aviation Administration. 72 Section 3. Section 332.0075, Florida Statutes, is created 73 to read: 74 332.0075 Commercial service airports; transparency and 75 accountability; penalty.— 76 (1) As used in this section, the term: 77 (a) “Commercial service airport” means a primary airport, 78 as defined in 49 U.S.C. s. 47102, that is classified as a large 79 , medium-, or small-hub airport by the Federal Aviation 80 Administration. 81 (b) “Department” means the Department of Transportation. 82 (c) “Governing body” means the governing body of the 83 county, municipality, or special district that operates a 84 commercial service airport. 85 (2) Each governing body shall establish and maintain a 86 website to post information relating to the operation of a 87 commercial service airport, including: 88 (a) All published notices of meetings and published meeting 89 agendas of the governing body. 90 (b) The official minutes of each meeting of the governing 91 body, which shall be posted within 7 business days after the 92 date of the meeting in which the minutes were approved. 93 (c) The approved budget for the commercial service airport 94 for the current fiscal year, which shall be posted within 7 95 business days after the date of adoption. Budgets must remain on 96 the website for 2 years after the conclusion of the fiscal year 97 for which they were adopted. 98 (d) A link to the airport master plan for the commercial 99 service airport on the Federal Aviation Administration’s 100 website. 101 (e) A link to all financial and statistical reports for the 102 commercial service airport on the Federal Aviation 103 Administration’s website. 104 (f) Any contract or contract amendment executed by or on 105 behalf of the commercial service airport in excess of $100,000, 106 shall be posted no later than 7 business days after the 107 commercial service airport executes the contract or contract 108 amendment. However, a contract or contract amendment may not 109 reveal information made confidential or exempt by law. Each 110 commercial service airport must redact confidential or exempt 111 information from each contract or contract amendment before 112 posting a copy on its website. 113 (g) Position and rate information for each employee of the 114 commercial service airport, including, at a minimum, the 115 employee’s position title, position description, and annual or 116 hourly salary. 117 (3)(a) Notwithstanding any other provision of law to the 118 contrary, commercial service airports are subject to the 119 requirements of chapter 287 for purchases of commodities or 120 contractual services that exceed $100,000. If the purchase of 121 commodities or contractual services exceeds $100,000, the 122 purchase of commodities or contractual services may not be made 123 without receiving competitive sealed bids, competitive sealed 124 proposals, or competitive sealed replies unless an exception 125 applies as provided in s. 287.057(3) or an immediate danger to 126 the public health, safety, or welfare, or other substantial loss 127 to the commercial service airport requires emergency action. In 128 making purchases or conducting a competitive solicitation 129 pursuant to this section, a commercial service airport is 130 authorized to enact or adopt criteria, standards, preferences, 131 or policies for the promotion of small or locally owned 132 businesses, or otherwise apply such criteria, standards, 133 preferences, or policies otherwise generally applicable to 134 competitive solicitations of the political subdivision owning 135 and operating such commercial service airport, and may impose 136 contract provisions necessary to address local economic 137 conditions or local regulatory requirements. 138 (b) A governing body must approve, award, or ratify all 139 contracts executed by or on behalf of a commercial service 140 airport in excess of the threshold amount provided in s. 287.017 141 for CATEGORY FIVE as a separate line item on the agenda and must 142 provide a reasonable opportunity for public comment. Such 143 contracts may not be approved, awarded, or ratified as part of a 144 consent agenda. 145 (4)(a) Members of a governing body and employees of a 146 commercial service airport are subject to part III of chapter 147 112. However, this paragraph does not prohibit the application 148 of more stringent ethical standards adopted by county or 149 municipal charter, ordinance, or resolution of the governing 150 body for its members and employees. 151 (b) Beginning January 1, 2021, each member of a governing 152 body must complete 4 hours of ethics training each calendar year 153 which addresses, at a minimum, s. 8, Art. II of the State 154 Constitution, the Code of Ethics for Public Officers and 155 Employees, and the public records and public meetings laws of 156 this state. This requirement may be satisfied by completion of a 157 continuing legal education class or other continuing 158 professional education class, seminar, or presentation if the 159 required subject material is covered therein. Constitutional 160 officers and elected municipal officers who are members of the 161 governing body who complete the ethics training required in s. 162 112.3142 shall be considered in compliance with this paragraph. 163 (5)(a) Beginning November 1, 2021, and each November 1 164 thereafter, the governing body of each commercial service 165 airport shall submit the following information to the 166 department: 167 1. Its approved budget for the current fiscal year. 168 2. Any financial reports submitted to the Federal Aviation 169 Administration during the previous calendar year. 170 3. A link to its website. 171 4. A statement, verified as provided in s. 92.525, that it 172 has complied with part III of chapter 112, chapter 287, and this 173 section. 174 (b) The department shall review the information submitted 175 by the commercial service airport and posted on the airport’s 176 website to determine the accuracy of such information. Beginning 177 January 15, 2022, and each January 15 thereafter, the department 178 shall submit to the Governor, the President of the Senate, and 179 the Speaker of the House of Representatives a report summarizing 180 commercial service airport compliance with this section. 181 (6) The department may not expend any funds allocated to a 182 commercial service airport as contained in the adopted work 183 program, unless pledged for debt service, until the commercial 184 service airport demonstrates its compliance with this section. 185 Section 4. This act shall take effect October 1, 2020.