Florida Senate - 2016                       CS for CS for SB 574
       
       
        
       By the Committees on Rules; and Ethics and Elections; and
       Senators Flores and Gaetz
       
       595-03760-16                                           2016574c2
    1                        A bill to be entitled                      
    2         An act relating to expressway authorities; amending s.
    3         348.0003, F.S.; revising membership of the governing
    4         body of certain expressway authorities; providing
    5         procedures when there is a vacancy or conclusion of a
    6         term; revising qualifications for membership on the
    7         governing body of certain expressway authorities;
    8         providing for termination from an authority’s
    9         governing body upon a finding of a violation of
   10         specified ethical conduct provisions or failure to
   11         comply with a notice of failure to comply with
   12         financial disclosure requirements; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (2) and paragraph
   18  (a) of subsection (5) of section 348.0003, Florida Statutes, are
   19  amended, and paragraph (l) is added to subsection (5) of that
   20  section, to read:
   21         348.0003 Expressway authority; formation; membership.—
   22         (2) The governing body of an authority shall consist of not
   23  fewer than five nor more than nine voting members. The district
   24  secretary of the affected department district shall serve as a
   25  nonvoting member of the governing body of each authority located
   26  within the district. Each member of the governing body must at
   27  all times during his or her term of office be a permanent
   28  resident of the county which he or she is appointed to
   29  represent.
   30         (d) Notwithstanding any provision to the contrary in this
   31  subsection, in any county as defined in s. 125.011(1), the
   32  governing body of an authority shall consist of up to nine 13
   33  members, and the following provisions of this paragraph shall
   34  apply specifically to such authority. Except for the district
   35  secretary of the department, the members must be residents of
   36  the county. Five Seven voting members shall be appointed by the
   37  governing body of the county. At the discretion of the governing
   38  body of the county, up to two of the members appointed by the
   39  governing body of the county may be elected officials residing
   40  in the county. Three Five voting members of the authority shall
   41  be appointed by the Governor. One member shall be the district
   42  secretary of the department serving in the district that
   43  contains such county. This member shall be an ex officio voting
   44  member of the authority. If the governing body board of an
   45  authority includes any member originally appointed by the
   46  governing body of the county as a nonvoting member, when the
   47  term of such member expires, that member shall be replaced by a
   48  member appointed by the Governor until the governing body of the
   49  authority is composed of five seven members appointed by the
   50  governing body of the county and three five members appointed by
   51  the Governor. A member of the authority serving as of July 1,
   52  2016, may serve the remainder of his or her term. However, upon
   53  the conclusion of the term or upon vacancy, such expired term or
   54  vacancy may not be filled except if such appointment meets the
   55  requirements of this section. When the term of a member expires
   56  or a vacancy occurs, the member shall not be replaced by the
   57  appointing entity until the governing body of the authority is
   58  composed of five voting members appointed by the governing body
   59  of the county and three voting members appointed by the
   60  Governor, which three members shall not include the district
   61  secretary serving as an ex officio member. Except as provided in
   62  subsection (5), the qualifications, terms of office, and
   63  obligations and rights of members of the authority shall be
   64  determined by resolution or ordinance of the governing body of
   65  the county in a manner that is consistent with subsections (3)
   66  and (4).
   67         (5) In a county as defined in s. 125.011(1):
   68         (a)1. A lobbyist, as defined in s. 112.3215, may not be
   69  appointed or serve as a member of the governing body of an
   70  authority.
   71         2. A person may not be appointed to or serve as a member of
   72  the governing body of an authority if that person currently
   73  represents or has in the previous 4 years represented any client
   74  for compensation before the authority.
   75         3. A person may not be appointed to or serve as a member of
   76  the governing body of an authority if that person currently
   77  represents or has in the previous 4 years represented any person
   78  or entity that is doing business, or in the previous 4 years has
   79  done business, with the authority.
   80         (l) A finding of a violation of this subsection or chapter
   81  112, or failure to comply within 90 days after receiving a
   82  notice of failure to comply with financial disclosure
   83  requirements, results in immediate termination from the
   84  governing body of the authority.
   85         Section 2. This act shall take effect July 1, 2016.