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
1333 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 Sevenvoting 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 Fivevoting 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 boardof 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 sevenmembers appointed by the 50 governing body of the county and three fivemembers 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.