Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1466
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2020           .                                

       The Committee on Governmental Oversight and Accountability
       (Baxley) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective January 1, 2021, subsection (6) is
    6  added to section 189.031, Florida Statutes, to read:
    7         189.031 Legislative intent for the creation of independent
    8  special districts; special act prohibitions; model elements and
    9  other requirements; local general-purpose government/Governor
   10  and Cabinet creation authorizations.—
   11         (6) GOVERNANCE.—For purposes of s. 8(h)(2), Art. II of the
   12  State Constitution, a board member or a public employee of a
   13  special district does not abuse his or her public position if
   14  the board member or public employee commits an act or omission
   15  that is authorized under s. 112.313(7), (12), (15), or (16) or
   16  s. 112.3143(3)(b), and an abuse of a board member’s position
   17  does not include any act or omission in connection with a vote
   18  when the board member has followed the procedures required by s.
   19  112.3143.
   20         Section 2. Paragraph (a) of subsection (2) of section
   21  189.069, Florida Statutes, is amended to read:
   22         189.069 Special districts; required reporting of
   23  information; web-based public access.—
   24         (2)(a) A special district shall post the following
   25  information, at a minimum, on the district’s official website:
   26         1. The full legal name of the special district.
   27         2. The public purpose of the special district.
   28         3. The name, official address, official e-mail address,
   29  and, if applicable, term and appointing authority for each
   30  member of the governing body of the special district.
   31         4. The fiscal year of the special district.
   32         5. The full text of the special district’s charter, the
   33  date of establishment, the establishing entity, and the statute
   34  or statutes under which the special district operates, if
   35  different from the statute or statutes under which the special
   36  district was established. Community development districts may
   37  reference chapter 190 as the uniform charter but must include
   38  information relating to any grant of special powers.
   39         6. The mailing address, e-mail address, telephone number,
   40  and website uniform resource locator of the special district.
   41         7. A description of the boundaries or service area of, and
   42  the services provided by, the special district.
   43         8. A listing of all taxes, fees, assessments, or charges
   44  imposed and collected by the special district, including the
   45  rates or amounts for the fiscal year and the statutory authority
   46  for the levy of the tax, fee, assessment, or charge. For
   47  purposes of this subparagraph, charges do not include patient
   48  charges by a hospital or other health care provider.
   49         9. The primary contact information for the special district
   50  for purposes of communication from the department.
   51         10. A code of ethics adopted by the special district, if
   52  applicable, and a hyperlink to generally applicable ethics
   53  provisions.
   54         11. The budget of the special district and any amendments
   55  thereto in accordance with s. 189.016.
   56         12. The final, complete audit report for the most recent
   57  completed fiscal year and audit reports required by law or
   58  authorized by the governing body of the special district. If the
   59  special district has submitted its most recent final, complete
   60  audit report to the Auditor General, this requirement may be
   61  satisfied by providing a link to the audit report on the Auditor
   62  General’s website.
   63         13. A listing of its regularly scheduled public meetings as
   64  required by s. 189.015(1).
   65         14. The public facilities report, if applicable.
   66         15. The link to the Department of Financial Services’
   67  website as set forth in s. 218.32(1)(g).
   68         15.16. At least 7 days before each meeting or workshop, the
   69  agenda of the event, along with any meeting materials available
   70  in an electronic format, excluding confidential and exempt
   71  information. The information must remain on the website for at
   72  least 1 year after the event.
   73         Section 3. Effective January 1, 2021, subsection (1) of
   74  section 190.007, Florida Statutes, is amended to read:
   75         190.007 Board of supervisors; general duties.—
   76         (1) The board shall employ, and fix the compensation of, a
   77  district manager. The district manager shall have charge and
   78  supervision of the works of the district and shall be
   79  responsible for preserving and maintaining any improvement or
   80  facility constructed or erected pursuant to the provisions of
   81  this act, for maintaining and operating the equipment owned by
   82  the district, and for performing such other duties as may be
   83  prescribed by the board. It shall not be a conflict of interest
   84  under chapter 112 for a board member or the district manager or
   85  another employee of the district to be a stockholder, officer,
   86  or employee of a landowner or of an entity affiliated with a
   87  landowner. The district manager may hire or otherwise employ and
   88  terminate the employment of such other persons, including,
   89  without limitation, professional, supervisory, and clerical
   90  employees, as may be necessary and authorized by the board. The
   91  compensation and other conditions of employment of the officers
   92  and employees of the district shall be as provided by the board.
   93  For purposes of s. 8(h)(2), Art. II of the State Constitution, a
   94  board member or a public employee of a district does not abuse
   95  his or her public position if the board member or public
   96  employee commits an act or omission that is authorized under
   97  this subsection, s. 112.313(7), (12), (15), or (16), or s.
   98  112.3143(3)(b), and an abuse of a board member’s public position
   99  does not include any act or omission in connection with a vote
  100  when the board member has followed the procedures required by s.
  101  112.3143.
  102         Section 4. Except as otherwise expressly provided in this
  103  act, this act shall take effect July 1, 2020.
  105  ================= T I T L E  A M E N D M E N T ================
  106  And the title is amended as follows:
  107         Delete everything before the enacting clause
  108  and insert:
  109                        A bill to be entitled                      
  110         An act relating to government accountability; amending
  111         s. 189.031, F.S.; specifying conditions under which
  112         board members and public employees of special
  113         districts do not abuse their public positions;
  114         amending s. 189.069, F.S.; revising the list of items
  115         required to be included on the websites of special
  116         districts; amending s. 190.007, F.S.; specifying
  117         conditions under which board members and public
  118         employees of community development districts do not
  119         abuse their public positions; providing effective
  120         dates.