Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 772
       
       
       
       
       
       
                                Ì450614ÃÎ450614                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/03/2014           .                                
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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.