Florida Senate - 2020                             CS for SB 1466
       By the Committee on Governmental Oversight and Accountability;
       and Senators Baxley and Broxson
       585-03392-20                                          20201466c1
    1                        A bill to be entitled                      
    2         An act relating to government accountability; amending
    3         s. 189.031, F.S.; specifying conditions under which
    4         board members and public employees of special
    5         districts do not abuse their public positions;
    6         amending s. 189.069, F.S.; revising the list of items
    7         required to be included on the websites of special
    8         districts; amending s. 190.007, F.S.; specifying
    9         conditions under which board members and public
   10         employees of community development districts do not
   11         abuse their public positions; providing effective
   12         dates.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Effective January 1, 2021, subsection (6) is
   17  added to section 189.031, Florida Statutes, to read:
   18         189.031 Legislative intent for the creation of independent
   19  special districts; special act prohibitions; model elements and
   20  other requirements; local general-purpose government/Governor
   21  and Cabinet creation authorizations.—
   22         (6) GOVERNANCE.—For purposes of s. 8(h)(2), Art. II of the
   23  State Constitution, a board member or a public employee of a
   24  special district does not abuse his or her public position if
   25  the board member or public employee commits an act or omission
   26  that is authorized under s. 112.313(7), (12), (15), or (16) or
   27  s. 112.3143(3)(b), and an abuse of a board member’s position
   28  does not include any act or omission in connection with a vote
   29  when the board member has followed the procedures required by s.
   30  112.3143.
   31         Section 2. Paragraph (a) of subsection (2) of section
   32  189.069, Florida Statutes, is amended to read:
   33         189.069 Special districts; required reporting of
   34  information; web-based public access.—
   35         (2)(a) A special district shall post the following
   36  information, at a minimum, on the district’s official website:
   37         1. The full legal name of the special district.
   38         2. The public purpose of the special district.
   39         3. The name, official address, official e-mail address,
   40  and, if applicable, term and appointing authority for each
   41  member of the governing body of the special district.
   42         4. The fiscal year of the special district.
   43         5. The full text of the special district’s charter, the
   44  date of establishment, the establishing entity, and the statute
   45  or statutes under which the special district operates, if
   46  different from the statute or statutes under which the special
   47  district was established. Community development districts may
   48  reference chapter 190 as the uniform charter but must include
   49  information relating to any grant of special powers.
   50         6. The mailing address, e-mail address, telephone number,
   51  and website uniform resource locator of the special district.
   52         7. A description of the boundaries or service area of, and
   53  the services provided by, the special district.
   54         8. A listing of all taxes, fees, assessments, or charges
   55  imposed and collected by the special district, including the
   56  rates or amounts for the fiscal year and the statutory authority
   57  for the levy of the tax, fee, assessment, or charge. For
   58  purposes of this subparagraph, charges do not include patient
   59  charges by a hospital or other health care provider.
   60         9. The primary contact information for the special district
   61  for purposes of communication from the department.
   62         10. A code of ethics adopted by the special district, if
   63  applicable, and a hyperlink to generally applicable ethics
   64  provisions.
   65         11. The budget of the special district and any amendments
   66  thereto in accordance with s. 189.016.
   67         12. The final, complete audit report for the most recent
   68  completed fiscal year and audit reports required by law or
   69  authorized by the governing body of the special district. If the
   70  special district has submitted its most recent final, complete
   71  audit report to the Auditor General, this requirement may be
   72  satisfied by providing a link to the audit report on the Auditor
   73  General’s website.
   74         13. A listing of its regularly scheduled public meetings as
   75  required by s. 189.015(1).
   76         14. The public facilities report, if applicable.
   77         15. The link to the Department of Financial Services’
   78  website as set forth in s. 218.32(1)(g).
   79         15.16. At least 7 days before each meeting or workshop, the
   80  agenda of the event, along with any meeting materials available
   81  in an electronic format, excluding confidential and exempt
   82  information. The information must remain on the website for at
   83  least 1 year after the event.
   84         Section 3. Effective January 1, 2021, subsection (1) of
   85  section 190.007, Florida Statutes, is amended to read:
   86         190.007 Board of supervisors; general duties.—
   87         (1) The board shall employ, and fix the compensation of, a
   88  district manager. The district manager shall have charge and
   89  supervision of the works of the district and shall be
   90  responsible for preserving and maintaining any improvement or
   91  facility constructed or erected pursuant to the provisions of
   92  this act, for maintaining and operating the equipment owned by
   93  the district, and for performing such other duties as may be
   94  prescribed by the board. It shall not be a conflict of interest
   95  under chapter 112 for a board member or the district manager or
   96  another employee of the district to be a stockholder, officer,
   97  or employee of a landowner or of an entity affiliated with a
   98  landowner. The district manager may hire or otherwise employ and
   99  terminate the employment of such other persons, including,
  100  without limitation, professional, supervisory, and clerical
  101  employees, as may be necessary and authorized by the board. The
  102  compensation and other conditions of employment of the officers
  103  and employees of the district shall be as provided by the board.
  104  For purposes of s. 8(h)(2), Art. II of the State Constitution, a
  105  board member or a public employee of a district does not abuse
  106  his or her public position if the board member or public
  107  employee commits an act or omission that is authorized under
  108  this subsection, s. 112.313(7), (12), (15), or (16), or s.
  109  112.3143(3)(b), and an abuse of a board member’s public position
  110  does not include any act or omission in connection with a vote
  111  when the board member has followed the procedures required by s.
  112  112.3143.
  113         Section 4. Except as otherwise expressly provided in this
  114  act, this act shall take effect July 1, 2020.