Florida Senate - 2023                                    SB 1646
       By Senator Davis
       5-00997A-23                                           20231646__
    1                        A bill to be entitled                      
    2         An act relating to commercial service airport
    3         transparency and accountability; amending s. 332.0075,
    4         F.S.; defining the term “consent agenda”; revising
    5         information required to be posted on the website of a
    6         governing body; requiring a commercial service airport
    7         to use specified competitive solicitation processes
    8         for certain purchases of commodities or contractual
    9         services; revising the amount of a contract that a
   10         governing body may not approve, award, or ratify as
   11         part of a consent agenda; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Present paragraphs (b) and (c) of subsection (1)
   16  of section 332.0075, Florida Statutes, are redesignated as
   17  paragraphs (c) and (d), respectively, a new paragraph (b) is
   18  added to that subsection, and paragraphs (d) and (f) of
   19  subsection (2) and subsection (3) of that section are amended,
   20  to read:
   21         332.0075 Commercial service airports; transparency and
   22  accountability; penalty.—
   23         (1) As used in this section, the term:
   24         (b) Consent agenda” means an agenda that consists of items
   25  voted on as a group and that does not provide the opportunity
   26  for public comment on each individual item before approval or
   27  disapproval by the governing body.
   28         (2) Each governing body shall establish and maintain a
   29  website to post information relating to the operation of a
   30  commercial service airport, including:
   31         (d) A link to the airport master plan for the commercial
   32  service airport on the commercial service airport’s Federal
   33  Aviation Administration’s website.
   34         (f) Any contract or contract amendment for the purchase of
   35  commodities or contractual services executed by or on behalf of
   36  the commercial service airport in excess of the threshold amount
   37  provided in s. 287.017 for CATEGORY FIVE THREE, which must shall
   38  be posted no later than 7 business days after the commercial
   39  service airport executes the contract or contract amendment.
   40  However, a contract or contract amendment may not reveal
   41  information made confidential or exempt by law. Each commercial
   42  service airport shall must redact confidential or exempt
   43  information from each contract or contract amendment before
   44  posting a copy on its website.
   45         (3)(a) Notwithstanding any other provision of law to the
   46  contrary, commercial service airports shall use competitive
   47  solicitation processes consistent with are subject to the
   48  requirements of s. 287.057 chapter 287 for purchases of
   49  commodities or contractual services which exceed the threshold
   50  amount provided in s. 287.017 for CATEGORY FIVE THREE. If the
   51  purchase of commodities or contractual services exceeds the
   52  threshold amount provided in s. 287.017 for CATEGORY FIVE THREE,
   53  the purchase of commodities or contractual services may not be
   54  made without receiving competitive sealed bids, competitive
   55  sealed proposals, or competitive sealed replies unless an
   56  exception consistent with an exception applies as provided in s.
   57  287.057(3) applies or an immediate danger to the public health,
   58  safety, or welfare or other substantial loss to the commercial
   59  service airport requires emergency action.
   60         (b) A governing body must approve, award, or ratify all
   61  contracts for commodities or contractual services executed by or
   62  on behalf of a commercial service airport in excess of $4
   63  million the threshold amount provided in s. 287.017 for CATEGORY
   64  FIVE as a separate line item on the agenda and must provide a
   65  reasonable opportunity for public comment. Such contracts may
   66  not be approved, awarded, or ratified as part of a consent
   67  agenda.
   68         Section 2. This act shall take effect July 1, 2023.