Bill Amendment: FL S0772 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Expressway Authorities
Status: 2014-05-02 - Died in Appropriations, companion bill(s) passed, see CS/CS/CS/SB 218 (Ch. 2014-169), CS/CS/SB 230 (Ch. 2014-171), CS/CS/CS/SB 846 (Ch. 2014-183) [S0772 Detail]
Download: Florida-2014-S0772-Senate_Committee_Amendment_450614.html
Bill Title: Expressway Authorities
Status: 2014-05-02 - Died in Appropriations, companion bill(s) passed, see CS/CS/CS/SB 218 (Ch. 2014-169), CS/CS/SB 230 (Ch. 2014-171), CS/CS/CS/SB 846 (Ch. 2014-183) [S0772 Detail]
Download: Florida-2014-S0772-Senate_Committee_Amendment_450614.html
Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 772
Ì450614ÃÎ450614
LEGISLATIVE ACTION
Senate . House
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following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 348.0003, Florida Statutes, is amended
6 to read:
7 348.0003 Expressway authority; formation; membership.—
8 (1) Any county, or two or more contiguous counties located
9 within a single district of the department, may, by resolution
10 adopted by the board of county commissioners, form an expressway
11 authority, which shall be an agency of the state, pursuant to
12 the Florida Expressway Authority Act.
13 (2) The governing body of an authority shall consist of not
14 fewer than five nor more than nine voting members. The district
15 secretary of the affected department district shall serve as a
16 nonvoting member of the governing body of each authority located
17 within the district. Each member of the governing body must at
18 all times during his or her term of office be a permanent
19 resident of the county which he or she is appointed to
20 represent.
21 (a) Two members of the authority shall be appointed for
22 terms of 4 years by the Governor, subject to confirmation by the
23 Senate. Such persons may not hold elective office during their
24 terms of office.
25 (b) For a single-county authority, the remaining members
26 shall be appointed by the board of county commissioners for
27 terms of 3 years.
28 (c) For a multicounty authority, the remaining members
29 shall be apportioned, based on the population of such counties,
30 among the counties within the authority. Each such member shall
31 be appointed by the applicable board of county commissioners for
32 a term of 3 years.
33 (d) Notwithstanding any provision of to the contrary in
34 this subsection, in any county as defined in s. 125.011(1), the
35 governing body of an authority shall consist of nine up to 13
36 members, and the following provisions of this paragraph shall
37 apply specifically to such authority. Except for the district
38 secretary of the department, the members must be residents of
39 the county. Four Seven voting members shall be appointed by the
40 governing body of the county. At the discretion of the governing
41 body of the county, up to two of the members appointed by the
42 governing body of the county may be elected officials residing
43 in the county. Four Five voting members of the authority shall
44 be appointed by the Governor. One member shall be the district
45 secretary of the department serving in the district that
46 contains such county. This member shall be an ex officio voting
47 member of the authority. If the governing board of an authority
48 includes any member originally appointed by the governing body
49 of the county as a nonvoting member, when the term of such
50 member expires, that member shall be replaced by a member
51 appointed by the Governor until the governing body of the
52 authority is composed of four seven members appointed by the
53 governing body of the county and four five members appointed by
54 the Governor. The qualifications, terms of office, and
55 obligations and rights of members of the authority shall be
56 determined by resolution or ordinance of the governing body of
57 the county in a manner that is consistent with this paragraph,
58 paragraphs (e)-(i), and subsections (3)-(12) (3) and (4).
59 (e) A member of an authority appointed by the governing
60 board of the county or appointed by the Governor may not serve
61 as a member of any other transportation-related board,
62 commission, or organization while serving as a member of the
63 authority.
64 (f) A lobbyist, as defined in s. 112.3215, may not be
65 appointed or serve as a member of an authority.
66 (g) A member of an authority may be removed from office by
67 the Governor for misconduct, malfeasance, misfeasance, or
68 nonfeasance in office.
69 (h) Members of an authority may receive reimbursement from
70 the authority for travel and other necessary expenses incurred
71 in connection with the business of the authority as provided in
72 s. 112.061, but may not draw salaries or other compensation.
73 (i) Members of each expressway authority, transportation
74 authority, bridge authority, or toll authority created pursuant
75 to this chapter, chapter 343, or any other general law shall
76 comply with the applicable financial disclosure requirements of
77 s. 8, Art. II of the State Constitution. This paragraph does not
78 subject any statutorily created authority, other than an
79 expressway authority created under this part, to any requirement
80 of this part except this paragraph.
81 (3)(a) The governing body of each authority shall elect one
82 of its members as its chair and shall elect a secretary and a
83 treasurer who need not be members of the authority. The chair,
84 secretary, and treasurer shall hold their offices at the will of
85 the authority. A simple majority of the governing body of the
86 authority constitutes a quorum, and the vote of a majority of
87 those members present is necessary for the governing body to
88 take any action. A vacancy on an authority shall not impair the
89 right of a quorum of the authority to exercise all of the rights
90 and perform all of the duties of the authority.
91 (b) Upon the effective date of his or her appointment, or
92 as soon thereafter as practicable, each appointed member of an
93 authority shall enter upon his or her duties.
94 (4)(a) An authority may employ an executive secretary, an
95 executive director, its own counsel and legal staff, technical
96 experts, and such engineers and employees, permanent or
97 temporary, as it may require and shall determine the
98 qualifications and fix the compensation of such persons, firms,
99 or corporations. An authority may employ a fiscal agent or
100 agents; however, the authority must solicit sealed proposals
101 from at least three persons, firms, or corporations for the
102 performance of any services as fiscal agents. An authority may
103 delegate to one or more of its agents or employees such of its
104 power as it deems necessary to carry out the purposes of the
105 Florida Expressway Authority Act, subject always to the
106 supervision and control of the authority. Members of an
107 authority may be removed from office by the Governor for
108 misconduct, malfeasance, misfeasance, or nonfeasance in office.
109 (b) Members of an authority are entitled to receive from
110 the authority their travel and other necessary expenses incurred
111 in connection with the business of the authority as provided in
112 s. 112.061, but they may not draw salaries or other
113 compensation.
114 (c) Members of each expressway authority, transportation
115 authority, bridge authority, or toll authority, created pursuant
116 to this chapter, chapter 343, or any other general law, shall
117 comply with the applicable financial disclosure requirements of
118 s. 8, Art. II of the State Constitution. This paragraph does not
119 subject any statutorily created authority, other than an
120 expressway authority created under this part, to any other
121 requirement of this part except the requirement of this
122 paragraph.
123 (5)(a) A member or the executive director of an authority
124 may not:
125 1. Within 2 years after vacating his or her position as a
126 board member or the executive director, personally represent
127 another person or entity for compensation before the authority;
128 2. Within 2 years after vacating his or her position as a
129 board member or the executive director, have an employment or
130 contractual relationship with a business entity other than an
131 agency, as defined in s. 112.312, which was doing business with
132 the authority at any time during the person’s membership on or
133 employment by the authority; or
134 3. After vacating his or her position as a board member or
135 the executive director, have an employment or contractual
136 relationship with a business entity other than an agency, as
137 defined in s. 112.312, in connection with a contract in which
138 the member or executive director personally and substantially
139 participated through decision, approval, disapproval,
140 recommendation, rendering of advice, or investigation while he
141 or she was a member or employee of the authority.
142 (b) A violation of this subsection is punishable in
143 accordance with s. 112.317.
144 (6) An authority’s general counsel shall serve as the
145 authority’s ethics officer.
146 (7) An authority board member, employee, or consultant who
147 holds a position that may influence authority decisions may not
148 engage in any relationship that may adversely affect his or her
149 judgment in carrying out authority business. The following
150 disclosures must be made annually on a disclosure form to
151 prevent such conflicts of interest and preserve the integrity
152 and transparency of the authority to the public:
153 (a) Any relationship that a board member, employee, or
154 consultant has which affords a current or future financial
155 benefit to such board member, employee, or consultant, or to a
156 relative or business associate of such board member, employee,
157 or consultant, and which a reasonable person would conclude has
158 the potential to create a prohibited conflict of interest.
159 (b) Whether a relative of such board member, employee, or
160 consultant is a registered lobbyist and, if so, the names of
161 such lobbyist’s clients. Such names shall be provided in writing
162 to the ethics officer.
163 (c) All interests in real property that such board member,
164 employee, or consultant has, or that a relative, principal,
165 client, or business associate of such board member, employee, or
166 consultant has, if such real property is located within, or
167 within a 1/2-mile radius of, any actual or prospective authority
168 roadway project. The executive director shall provide a corridor
169 map and a property ownership list reflecting the ownership of
170 all real property within the disclosure area, or an alignment
171 map with a list of associated owners, to all board members,
172 employees, and consultants.
173 (8) The disclosure forms filed as required under subsection
174 (7) must be reviewed by the ethics officer or, if a form is
175 filed by the general counsel, by the executive director.
176 (9) The conflict of interest process shall be outlined in
177 the authority’s code of ethics.
178 (10) Authority employees and consultants may not serve on
179 the governing body of the authority while employed by or under
180 contract with the authority.
181 (11) The code of ethics policy shall be reviewed and
182 updated by the ethics officer and presented for board approval
183 at least once every 2 years.
184 (12) Employees shall be adequately informed and trained on
185 the code of ethics and shall continually participate in ongoing
186 ethics education.
187 Section 2. Section 348.52, Florida Statutes, is amended to
188 read:
189 348.52 Tampa-Hillsborough County Expressway Authority.—
190 (1) There is hereby created and established a body politic
191 and corporate, an agency of the state, to be known as the
192 “Tampa-Hillsborough County Expressway Authority.”
193 (2) The governing body of the authority shall consist of a
194 board of seven members.
195 (a) Four of the members shall be appointed by the Governor
196 subject to confirmation by the Senate at the next regular
197 session of the Legislature. Refusal or failure of the Senate to
198 confirm an appointment shall create a vacancy.
199 1. Each such member’s term of office shall be for 4 years
200 or until his or her successor shall have been appointed and
201 qualified.
202 2. Vacancies occurring in the governing body for any such
203 members prior to the expiration of the affected term shall be
204 filled for the unexpired term.
205 3. The Governor shall have the authority to remove from
206 office any such member of the governing body in the manner and
207 for cause defined by the laws of this state.
208 3.4. Each such member, before entering upon his or her
209 official duties, shall take and subscribe to an oath before some
210 official authorized by law to administer oaths that he or she
211 will honestly, faithfully, and impartially perform the duties
212 devolving upon him or her in office as a member of the governing
213 body of the authority and that he or she will not neglect any
214 duties imposed upon him or her by this part.
215 (b) One member shall be the mayor, or the mayor’s
216 designate, who shall be the chair of the city council of the
217 city in Hillsborough County having the largest population,
218 according to the latest decennial census, who shall serve as a
219 member ex officio.
220 (c) One member shall be a member of the Board of County
221 Commissioners of Hillsborough County, selected by such board,
222 who shall serve as a member ex officio.
223 (d) One member shall be the district secretary of the
224 Department of Transportation serving in the district that
225 contains Hillsborough County, who shall serve ex officio.
226 (e) A member of the authority appointed by the governing
227 board of the county or appointed by the Governor may not serve
228 as a member of any other transportation-related board,
229 commission, or organization while serving as a member of the
230 authority.
231 (f) A lobbyist, as defined in s. 112.3215, may not be
232 appointed or serve as a member of the authority.
233 (g) A member of the authority may be removed from office by
234 the Governor for misconduct, malfeasance, misfeasance, or
235 nonfeasance in office.
236 (h) Members of the authority may receive reimbursement from
237 the authority for travel and other necessary expenses incurred
238 in connection with the business of the authority as provided in
239 s. 112.061, but may not draw salaries or other compensation.
240 (3) The authority shall designate one of its members as
241 chair. The members of the authority shall not be entitled to
242 compensation but shall be entitled to receive their travel and
243 other necessary expenses as provided in s. 112.061. A majority
244 of the members of the authority shall constitute a quorum, and
245 resolutions enacted or adopted by a vote of a majority of the
246 members present and voting at any meeting shall become effective
247 without publication or posting or any further action of the
248 authority.
249 (4) The authority may employ a secretary and executive
250 director, its own counsel and legal staff, and such legal,
251 financial, and other professional consultants, technical
252 experts, engineers, and employees, permanent or temporary, as it
253 may require and may determine the qualifications and fix the
254 compensation of such persons, firms, or corporations. The
255 authority may contract with the Division of Bond Finance of the
256 State Board of Administration for any financial services
257 authorized herein.
258 (5) The authority may delegate to one or more of its
259 officers or employees such of its powers as it shall deem
260 necessary to carry out the purposes of this part, subject always
261 to the supervision and control of the authority. Members of the
262 authority may be removed from their office by the Governor for
263 misconduct, malfeasance, misfeasance, and nonfeasance in office.
264 (6)(a) A member or the executive director of the authority
265 may not:
266 1. Within 2 years after vacating his or her position as a
267 board member or the executive director, personally represent
268 another person or entity for compensation before the authority;
269 2. Within 2 years after vacating his or her position as a
270 board member or the executive director, have an employment or
271 contractual relationship with a business entity other than an
272 agency, as defined in s. 112.312, which was doing business with
273 the authority at any time during the person’s membership on or
274 employment by the authority; or
275 3. After vacating his or her position as a board member or
276 the executive director, have an employment or contractual
277 relationship with a business entity other than an agency, as
278 defined in s. 112.312, in connection with a contract in which
279 the member or executive director personally and substantially
280 participated through decision, approval, disapproval,
281 recommendation, rendering of advice, or investigation while he
282 or she was a member or employee of the authority.
283 (b) A violation of this subsection is punishable in
284 accordance with s. 112.317.
285 (7) The authority’s general counsel shall serve as the
286 authority’s ethics officer.
287 (8) An authority board member, employee, or consultant who
288 holds a position that may influence authority decisions may not
289 engage in any relationship that may adversely affect his or her
290 judgment in carrying out authority business. The following
291 disclosures must be made annually on a disclosure form to
292 prevent such conflicts of interest and preserve the integrity
293 and transparency of the authority to the public:
294 (a) Any relationship a board member, employee, or
295 consultant has which affords a current or future financial
296 benefit to such board member, employee, or consultant, or to a
297 relative or business associate of such board member, employee,
298 or consultant, and which a reasonable person would conclude has
299 the potential to create a prohibited conflict of interest.
300 (b) Whether a relative of such board member, employee, or
301 consultant is a registered lobbyist and, if so, the names of
302 such lobbyist’s clients. Such names shall be provided in writing
303 to the ethics officer.
304 (c) All interests in real property that such board member,
305 employee, or consultant has, or that a relative, principal,
306 client, or business associate of such board member, employee, or
307 consultant has, if such real property is located within, or
308 within a 1/2-mile radius of, any actual or prospective authority
309 roadway project. The executive director shall provide a corridor
310 map and a property ownership list reflecting the ownership of
311 all real property within the disclosure area, or an alignment
312 map with a list of associated owners, to all board members,
313 employees, and consultants.
314 (9) The disclosure forms filed as required under subsection
315 (8) must be reviewed by the ethics officer or, if a form is
316 filed by the general counsel, by the executive director.
317 (10) The conflict of interest process shall be outlined in
318 the authority’s code of ethics.
319 (11) Authority employees and consultants may not serve on
320 the governing body of the authority while employed by or under
321 contract with the authority.
322 (12) The code of ethics policy shall be reviewed and
323 updated by the ethics officer and presented for board approval
324 at least once every 2 years.
325 (13) Employees shall be adequately informed and trained on
326 the code of ethics and shall continually participate in ongoing
327 ethics education.
328 Section 3. Section 348.753, Florida Statutes, is amended to
329 read:
330 348.753 Orlando-Orange County Expressway Authority.—
331 (1) There is hereby created and established a body politic
332 and corporate, an agency of the state, to be known as the
333 Orlando-Orange County Expressway Authority, hereinafter referred
334 to as “authority.”
335 (2)(a) The governing body of the authority shall consist of
336 five members. Three members shall be citizens of Orange County,
337 who shall be appointed by the Governor. The fourth member shall
338 be, ex officio, the chair of the County Commissioners of Orange
339 County, and the fifth member shall be, ex officio, the district
340 secretary of the Department of Transportation serving in the
341 district that contains Orange County. The term of each appointed
342 member shall be for 4 years. Each appointed member shall hold
343 office until his or her successor has been appointed and has
344 qualified. A vacancy occurring during a term shall be filled
345 only for the balance of the unexpired term. Each appointed
346 member of the authority shall be a person of outstanding
347 reputation for integrity, responsibility, and business ability,
348 but no person who is an officer or employee of any city or of
349 Orange County in any other capacity shall be an appointed member
350 of the authority. Any member of the authority shall be eligible
351 for reappointment.
352 (b) A member of the authority appointed by the Governor may
353 not serve as a member of any other transportation-related board,
354 commission, or organization while serving as a member of the
355 authority.
356 (c) A lobbyist, as defined in s. 112.3215, may not be
357 appointed or serve as a member of the authority.
358 (d) A member of the authority may be removed from office by
359 the Governor for misconduct, malfeasance, misfeasance, or
360 nonfeasance in office.
361 (e) Members of the authority may receive reimbursement from
362 the authority for travel and other necessary expenses incurred
363 in connection with the business of the authority as provided in
364 s. 112.061, but may not draw salaries or other compensation.
365 (3)(a) The authority shall elect one of its members as
366 chair of the authority. The authority shall also elect a
367 secretary and a treasurer who may or may not be members of the
368 authority. The chair, secretary, and treasurer shall hold such
369 offices at the will of the authority. Three members of the
370 authority shall constitute a quorum, and the vote of three
371 members shall be necessary for any action taken by the
372 authority. No vacancy in the authority shall impair the right of
373 a quorum of the authority to exercise all of the rights and
374 perform all of the duties of the authority.
375 (b) Upon the effective date of his or her appointment, or
376 as soon thereafter as practicable, each appointed member of the
377 authority shall enter upon his or her duties.
378 (4)(a) The authority may employ an executive secretary, an
379 executive director, its own counsel and legal staff, technical
380 experts, such engineers, and such employees, permanent or
381 temporary, as it may require and may determine the
382 qualifications and fix the compensation of such persons, firms,
383 or corporations and may employ a fiscal agent or agents,
384 provided, however, that the authority shall solicit sealed
385 proposals from at least three persons, firms, or corporations
386 for the performance of any services as fiscal agents. The
387 authority may delegate to one or more of its agents or employees
388 such of its power as it shall deem necessary to carry out the
389 purposes of this part, subject always to the supervision and
390 control of the authority. Members of the authority may be
391 removed from their office by the Governor for misconduct,
392 malfeasance, misfeasance, or nonfeasance in office.
393 (b) Members of the authority shall be entitled to receive
394 from the authority their travel and other necessary expenses
395 incurred in connection with the business of the authority as
396 provided in s. 112.061, but they shall draw no salaries or other
397 compensation.
398 (5)(a) A member or the executive director of the authority
399 may not:
400 1. Within 2 years after vacating his or her position as a
401 board member or the executive director, personally represent
402 another person or entity for compensation before the authority;
403 2. Within 2 years after vacating his or her position as a
404 board member or the executive director, have an employment or
405 contractual relationship with a business entity other than an
406 agency, as defined in s. 112.312, which was doing business with
407 the authority at any time during the person’s membership on or
408 employment by the authority; or
409 3. After vacating his or her position as a board member or
410 the executive director, have an employment or contractual
411 relationship with a business entity other than an agency, as
412 defined in s. 112.312, in connection with a contract in which
413 the member or executive director personally and substantially
414 participated through decision, approval, disapproval,
415 recommendation, rendering of advice, or investigation while he
416 or she was a member or employee of the authority.
417 (b) A violation of this subsection is punishable in
418 accordance with s. 112.317.
419 (6) The authority’s general counsel shall serve as the
420 authority’s ethics officer.
421 (7) An authority board member, employee, or consultant who
422 holds a position that may influence authority decisions may not
423 engage in any relationship that may adversely affect his or her
424 judgment in carrying out authority business. The following
425 disclosures must be made annually on a disclosure form to
426 prevent such conflicts of interest and preserve the integrity
427 and transparency of the authority to the public:
428 (a) Any relationship a board member, employee, or
429 consultant has which affords a current or future financial
430 benefit to such board member, employee, or consultant, or to a
431 relative or business associate of such board member, employee,
432 or consultant, and which a reasonable person would conclude has
433 the potential to create a prohibited conflict of interest.
434 (b) Whether a relative of such board member, employee, or
435 consultant is a registered lobbyist and, if so, the names of
436 such lobbyist’s clients. Such names shall be provided in writing
437 to the ethics officer.
438 (c) All interests in real property that such board member,
439 employee, or consultant has, or that a relative, principal,
440 client, or business associate of such board member, employee, or
441 consultant has, if such real property is located within, or
442 within a 1/2-mile radius of, any actual or prospective authority
443 roadway project. The executive director shall provide a corridor
444 map and a property ownership list reflecting the ownership of
445 all real property within the disclosure area, or an alignment
446 map with a list of associated owners, to all board member,
447 employees, and consultants.
448 (8) The disclosure forms filed as required under subsection
449 (7) must be reviewed by the ethics officer or, if a form is
450 filed by the general counsel, by the executive director.
451 (9) The conflict of interest process shall be outlined in
452 the authority’s code of ethics.
453 (10) Authority employees and consultants may not serve on
454 the governing body of the authority while employed by or under
455 contract with the authority.
456 (11) The code of ethics policy shall be reviewed and
457 updated by the ethics officer and presented for board approval
458 at least once every 2 years.
459 (12) Employees shall be adequately informed and trained on
460 the code of ethics and shall continually participate in ongoing
461 ethics education.
462 Section 4. Section 348.9952, Florida Statutes, is amended
463 to read:
464 348.9952 Osceola County Expressway Authority.—
465 (1) There is created a body politic and corporate, an
466 agency of the state, to be known as the Osceola County
467 Expressway Authority.
468 (2)(a) The governing body of the authority shall consist of
469 six members. Five members, at least one of whom must be a member
470 of a racial or ethnic minority group, must be residents of
471 Osceola County, three of whom shall be appointed by the
472 governing body of the county and two of whom shall be appointed
473 by the Governor. The sixth member shall be the district
474 secretary of the department serving in the district that
475 includes Osceola County, who shall serve as an ex officio,
476 nonvoting member. The term of each appointed member shall be for
477 4 years, except that the first term of the initial members
478 appointed by the Governor shall be 2 years each. Each appointed
479 member shall hold office until his or her successor has been
480 appointed and has qualified. A vacancy occurring during a term
481 shall be filled only for the balance of the unexpired term. Each
482 appointed member of the authority shall be a person of
483 outstanding reputation for integrity, responsibility, and
484 business ability, but a person who is an officer or employee of
485 any municipality or of Osceola County in any other capacity may
486 not be an appointed member of the authority. A member of the
487 authority is eligible for reappointment.
488 (b) A member of the authority appointed by the governing
489 board of the county or appointed by the Governor may not serve
490 as a member of any other transportation-related board,
491 commission, or organization while serving as a member of the
492 authority.
493 (c) A lobbyist, as defined in s. 112.3215, may not be
494 appointed or serve as a member of the authority.
495 (d)(b) Members of the authority may be removed from office
496 by the Governor for misconduct, malfeasance, misfeasance, or
497 nonfeasance in office.
498 (e) Members of the authority may receive reimbursement from
499 the authority for travel and other necessary expenses incurred
500 in connection with the business of the authority as provided in
501 s. 112.061, but may not draw salaries or other compensation.
502 (3)(a) The authority shall elect one of its members as
503 chair. The authority shall also elect a secretary and a
504 treasurer, who may be members of the authority. The chair,
505 secretary, and treasurer shall hold such offices at the will of
506 the authority.
507 (b) Three members of the authority constitute a quorum, and
508 the vote of three members is necessary for any action taken by
509 the authority. A vacancy in the authority does not impair the
510 right of a quorum of the authority to exercise all of the rights
511 and perform all of the duties of the authority.
512 (4)(a) The authority may employ an executive secretary, an
513 executive director, its own counsel and legal staff, technical
514 experts, engineers, and other employees, permanent or temporary,
515 as it may require, and may determine the qualifications and fix
516 the compensation of such persons, firms, or corporations.
517 Additionally, the authority may employ a fiscal agent or agents.
518 However, the authority shall solicit sealed proposals from at
519 least three persons, firms, or corporations for the performance
520 of any services as fiscal agents. The authority may delegate to
521 one or more of its agents or employees such of its power as it
522 deems necessary to carry out the purposes of this part, subject
523 always to the supervision and control of the authority.
524 (b) Members of the authority are entitled to receive from
525 the authority their travel and other necessary expenses incurred
526 in connection with the business of the authority as provided in
527 s. 112.061, but members shall not draw salaries or other
528 compensation.
529 (b)(c) The department is not required to grant funds for
530 startup costs to the authority. However, the governing body of
531 the county may provide funds for such startup costs.
532 (c)(d) The authority shall cooperate with and participate
533 in any efforts to establish a regional expressway authority.
534 (d)(e) Notwithstanding any other provision of law,
535 including s. 339.175(3), the authority is not entitled to voting
536 membership in a metropolitan planning organization in which
537 Osceola County, or any of the municipalities therein, are also
538 voting members.
539 (5)(a) A member or the executive director of the authority
540 may not:
541 1. Within 2 years after vacating his or her position as a
542 board member or the executive director, personally represent
543 another person or entity for compensation before the authority;
544 2. Within 2 years after vacating his or her position as a
545 board member or the executive director, have an employment or
546 contractual relationship with a business entity other than an
547 agency, as defined in s. 112.312, which was doing business with
548 the authority at any time during the person’s membership on or
549 employment by the authority; or
550 3. After vacating his or her position as a board member or
551 the executive director, have an employment or contractual
552 relationship with a business entity other than an agency, as
553 defined in s. 112.312, in connection with a contract in which
554 the member or executive director personally and substantially
555 participated through decision, approval, disapproval,
556 recommendation, rendering of advice, or investigation while he
557 or she was a member or employee of the authority.
558 (b) A violation of this subsection is punishable in
559 accordance with s. 112.317.
560 (6) The authority’s general counsel shall serve as the
561 authority’s ethics officer.
562 (7) An authority board member, employee, or consultant who
563 holds a position that may influence authority decisions may not
564 engage in any relationship that may adversely affect his or her
565 judgment in carrying out authority business. The following
566 disclosures must be made annually on a disclosure form to
567 prevent such conflicts of interest and preserve the integrity
568 and transparency of the authority to the public:
569 (a) Any relationship a board member, employee, or
570 consultant has which affords a current or future financial
571 benefit to such board member, employee, or consultant, or to a
572 relative or business associate of such board member, employee,
573 or consultant, and which a reasonable person would conclude has
574 the potential to create a prohibited conflict of interest.
575 (b) Whether a relative of such board member, employee, or
576 consultant is a registered lobbyist and, if so, the names of
577 such lobbyist’s clients. Such names shall be provided in writing
578 to the ethics officer.
579 (c) Any and all interests in real property that such board
580 member, employee, or consultant has, or that a relative,
581 principal, client, or business associate of such board member,
582 employee, or consultant has, if such real property is located
583 within, or within a 1/2-mile radius of, any actual or
584 prospective authority roadway project. The executive director
585 shall provide a corridor map and a property ownership list
586 reflecting the ownership of all real property within the
587 disclosure area, or an alignment map with a list of associated
588 owners, to all board member, employees, and consultants.
589 (8) The disclosure forms filed as required under subsection
590 (7) must be reviewed by the ethics officer or, if a form is
591 filed by the general counsel, by the executive director.
592 (9) The conflict of interest process shall be outlined in
593 the authority’s code of ethics.
594 (10) Authority employees and consultants may not serve on
595 the governing body of the authority while employed by or under
596 contract with the authority.
597 (11) The code of ethics policy shall be reviewed and
598 updated by the ethics officer and presented for board approval
599 at least once every 2 years.
600 (12) Employees shall be adequately informed and trained on
601 the code of ethics and shall continually participate in ongoing
602 ethics education.
603 Section 5. Subsection (6) of section 343.1003, Florida
604 Statutes, is amended to read:
605 343.1003 Northeast Florida Regional Transportation
606 Commission.—
607 (6) Notwithstanding s. 348.0003(2)(i) 348.0003(4)(c),
608 members of the board shall file a statement of financial
609 interest with the Commission on Ethics pursuant to s. 112.3145.
610 Section 6. This act shall take effect July 1, 2014.
611
612 ================= T I T L E A M E N D M E N T ================
613 And the title is amended as follows:
614 Delete everything before the enacting clause
615 and insert:
616 A bill to be entitled
617 An act relating to expressway authorities; amending s.
618 348.0003, F.S.; revising requirements relating to
619 expressway authority membership in specified counties;
620 requiring members of each expressway authority,
621 transportation authority, bridge authority, or toll
622 authority to comply with specified financial
623 disclosure requirements; prohibiting certain
624 activities by authority board members and executive
625 directors during and after membership or employment;
626 prohibiting certain activities and providing a
627 penalty; specifying who may serve as an ethics
628 officer; requiring disclosure of certain relationships
629 and interests; prohibiting employees and consultants
630 from membership on a board; providing for a code of
631 ethics policy; amending ss. 348.52, 348.753, and
632 348.9952, F.S., relating to the Tampa-Hillsborough
633 County Expressway Authority, the Orlando-Orange County
634 Expressway Authority, and the Osceola County
635 Expressway Authority, respectively; prohibiting
636 certain activities by authority board members and
637 executive directors during and after membership or
638 employment; providing a penalty; specifying who may
639 serve as an ethics officer; requiring disclosure of
640 certain relationships and interests; prohibiting
641 employees and consultants from membership on a board;
642 providing for a code of ethics policy; amending s.
643 343.1003, F.S.; conforming a cross-reference;
644 providing an effective date.
