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.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
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.