Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS/CS/SB 1270, 1st Eng. Ì1767527Î176752 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Lee moved the following: 1 Senate Amendment to House Amendment (064965) (with title 2 amendment) 3 4 Delete lines 46 - 643 5 and insert: 6 (4) TRAINING REQUIREMENT.— 7 (a) Beginning January 1, 2021, each appointed public 8 official and executive officer shall complete a minimum of 5 9 hours of board governance training for each term served. 10 1. An appointed public official or executive officer 11 holding office or employed by an entity on January 1, 2021, 12 shall complete the 5 hours of board governance training before 13 the expiration of his or her term of service. If an appointed 14 public official or executive officer is employed under a 15 contract that does not specify a termination date for 16 employment, the public official or executive officer shall 17 complete the 5 hours of training by January 1, 2022, and once 18 every 4 years thereafter for the duration of their employment. 19 2. An appointed public official or executive officer who is 20 appointed, reappointed, or hired after January 1, 2021, shall 21 complete the 5 hours of board governance training within 180 22 days after the date of his or her appointment, reappointment, or 23 hire. 24 (b) By January 1, 2021, a governmental entity shall provide 25 board governance training to its appointed public officials and 26 executive officers that, at a minimum, includes educational 27 materials and instruction on the following: 28 1. Generally accepted corporate board governance principles 29 and best practices; corporate board fiduciary duty of care legal 30 analyses; corporate board oversight and evaluation procedures; 31 governmental entity responsibilities; executive officer 32 responsibilities; executive officer performance evaluations; 33 selecting, monitoring, and evaluating an executive management 34 team; reviewing and approving proposed investments, 35 expenditures, and budget plans; financial accounting and capital 36 allocation principles and practices; and new governmental entity 37 member orientation. 38 2. The fiduciary duty of care and obligations imposed upon 39 appointed public officials and executive officers pursuant to 40 this section. 41 (c) Within 30 days after completion of the board governance 42 training, each appointed public official and executive officer 43 shall certify, in writing or electronic form and under oath to 44 the governmental entity’s custodian of records that he or she: 45 1. Has completed the training required by this subsection; 46 2. Has read the laws and relevant policies applicable to 47 his or her position; 48 3. Will work to uphold such laws and policies to the best 49 of his or her ability; and 50 4. Will faithfully discharge his or her fiduciary 51 responsibility, as imposed by this section. 52 (d) This subsection does not apply to appointed public 53 officials and executive officers who: 54 1. Serve governmental entities whose annual revenues are 55 less than $100,000; 56 2. Hold elected office in another capacity; or 57 3. Complete board governance training involving fiduciary 58 duties or responsibilities which is required under any other 59 state law. 60 (5) APPOINTMENT OF EXECUTIVE OFFICERS AND GENERAL 61 COUNSELS.—The appointment of any executive officer or general 62 counsel is subject to approval by a majority vote of the 63 governmental entity. 64 (6) STANDARDS FOR LEGAL COUNSEL.—All legal counsel employed 65 by a governmental entity must represent the legal interests and 66 positions of the governmental entity and not the interest of any 67 individual or employee of the governmental entity, unless such 68 representation is directed by the governmental entity or as 69 authorized by law. 70 71 ================= T I T L E A M E N D M E N T ================ 72 And the title is amended as follows: 73 Delete lines 648 - 703 74 and insert: 75 An act relating to the fiduciary duty of care for 76 appointed public officials and executive officers; 77 providing a directive to the Division of Law Revision 78 to create part IX of ch. 112, F.S.; creating s. 79 112.89, F.S.; providing legislative findings and 80 purpose; defining terms; establishing standards for 81 the fiduciary duty of care for appointed public 82 officials and executive officers of specified 83 governmental entities; requiring training on board 84 governance beginning on a specified date; requiring 85 appointed public officials and executive officers to 86 certify their completion of the annual training to the 87 the governmental entity’s custodian of records; 88 providing exceptions to the training requirement; 89 specifying requirements for the appointment of 90 executive officers and general counsels of 91 governmental entities; specifying standards for legal 92 counsel; providing an effective date.