Florida Senate - 2014                              CS for SB 772
       
       
        
       By the Committee on Transportation; and Senator Garcia
       
       
       
       
       
       596-03754-14                                           2014772c1
    1                        A bill to be entitled                      
    2         An act relating to expressway authorities; amending s.
    3         348.0003, F.S.; requiring members of each expressway
    4         authority, transportation authority, bridge authority,
    5         or toll authority to comply with specified financial
    6         disclosure requirements; prohibiting certain
    7         activities by authority board members and executive
    8         directors during and after membership or employment;
    9         prohibiting certain activities and providing a
   10         penalty; specifying who may serve as an ethics
   11         officer; requiring disclosure of certain relationships
   12         and interests; prohibiting employees and consultants
   13         from membership on a board; providing for a code of
   14         ethics policy; amending ss. 348.52, 348.753, and
   15         348.9952, F.S., relating to the Tampa-Hillsborough
   16         County Expressway Authority, the Orlando-Orange County
   17         Expressway Authority, and the Osceola County
   18         Expressway Authority, respectively; prohibiting
   19         certain activities by authority board members and
   20         executive directors during and after membership or
   21         employment; providing a penalty; specifying who may
   22         serve as an ethics officer; requiring disclosure of
   23         certain relationships and interests; prohibiting
   24         employees and consultants from membership on a board;
   25         providing for a code of ethics policy; amending s.
   26         348.53, F.S.; revising the Legislative declaration of
   27         the Tampa-Hillsborough County Expressway Authority’s
   28         purposes for the benefit of the people to include
   29         managed lanes; amending s. 348.54, F.S.; authorizing
   30         the Tampa-Hillsborough County Expressway Authority to
   31         construct, operate, and maintain certain
   32         transportation facilities within the jurisdictional
   33         boundaries of a consenting county contiguous to
   34         Hillsborough County, together with the right to
   35         construct, operate, and maintain facilities and
   36         electronic toll payment systems thereon or incidental
   37         thereto; amending s. 343.1003, F.S.; conforming a
   38         cross-reference; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Section 348.0003, Florida Statutes, is amended
   43  to read:
   44         348.0003 Expressway authority; formation; membership.—
   45         (1) Any county, or two or more contiguous counties located
   46  within a single district of the department, may, by resolution
   47  adopted by the board of county commissioners, form an expressway
   48  authority, which shall be an agency of the state, pursuant to
   49  the Florida Expressway Authority Act.
   50         (2) The governing body of an authority shall consist of not
   51  fewer than five nor more than nine voting members. The district
   52  secretary of the affected department district shall serve as a
   53  nonvoting member of the governing body of each authority located
   54  within the district. Each member of the governing body must at
   55  all times during his or her term of office be a permanent
   56  resident of the county which he or she is appointed to
   57  represent.
   58         (a) Two members of the authority shall be appointed for
   59  terms of 4 years by the Governor, subject to confirmation by the
   60  Senate. Such persons may not hold elective office during their
   61  terms of office.
   62         (b) For a single-county authority, the remaining members
   63  shall be appointed by the board of county commissioners for
   64  terms of 3 years.
   65         (c) For a multicounty authority, the remaining members
   66  shall be apportioned, based on the population of such counties,
   67  among the counties within the authority. Each such member shall
   68  be appointed by the applicable board of county commissioners for
   69  a term of 3 years.
   70         (d) Notwithstanding any provision of to the contrary in
   71  this subsection, in any county as defined in s. 125.011(1), the
   72  governing body of an authority shall consist of up to 13
   73  members, and the following provisions of this paragraph shall
   74  apply specifically to such authority. Except for the district
   75  secretary of the department, the members must be residents of
   76  the county. Seven voting members shall be appointed by the
   77  governing body of the county. At the discretion of the governing
   78  body of the county, up to two of the members appointed by the
   79  governing body of the county may be elected officials residing
   80  in the county. Five voting members of the authority shall be
   81  appointed by the Governor. One member shall be the district
   82  secretary of the department serving in the district that
   83  contains such county. This member shall be an ex officio voting
   84  member of the authority. If the governing board of an authority
   85  includes any member originally appointed by the governing body
   86  of the county as a nonvoting member, when the term of such
   87  member expires, that member shall be replaced by a member
   88  appointed by the Governor until the governing body of the
   89  authority is composed of seven members appointed by the
   90  governing body of the county and five members appointed by the
   91  Governor. The qualifications, terms of office, and obligations
   92  and rights of members of the authority shall be determined by
   93  resolution or ordinance of the governing body of the county in a
   94  manner that is consistent with this paragraph, paragraphs (e)
   95  (i), and subsections (3)-(12) (3) and (4).
   96         (e) A member of an authority appointed by the governing
   97  board of the county or appointed by the Governor may not serve
   98  as a member of any other transportation-related board,
   99  commission, or organization with audit oversight of the
  100  authority while serving as a member of the authority.
  101         (f) A lobbyist, as defined in s. 112.3215, may not be
  102  appointed or serve as a member of an authority.
  103         (g) A member of an authority may be removed from office by
  104  the Governor for misconduct, malfeasance, misfeasance, or
  105  nonfeasance in office.
  106         (h) Members of an authority may receive reimbursement from
  107  the authority for travel and other necessary expenses incurred
  108  in connection with the business of the authority as provided in
  109  s. 112.061, but may not draw salaries or other compensation.
  110         (i) Members of each expressway authority, transportation
  111  authority, bridge authority, or toll authority created pursuant
  112  to this chapter, chapter 343, or any other general law shall
  113  comply with the applicable financial disclosure requirements of
  114  s. 8, Art. II of the State Constitution. This paragraph does not
  115  subject any statutorily created authority, other than an
  116  expressway authority created under this part, to any requirement
  117  of this part except this paragraph.
  118         (3)(a) The governing body of each authority shall elect one
  119  of its members as its chair and shall elect a secretary and a
  120  treasurer who need not be members of the authority. The chair,
  121  secretary, and treasurer shall hold their offices at the will of
  122  the authority. A simple majority of the governing body of the
  123  authority constitutes a quorum, and the vote of a majority of
  124  those members present is necessary for the governing body to
  125  take any action. A vacancy on an authority shall not impair the
  126  right of a quorum of the authority to exercise all of the rights
  127  and perform all of the duties of the authority.
  128         (b) Upon the effective date of his or her appointment, or
  129  as soon thereafter as practicable, each appointed member of an
  130  authority shall enter upon his or her duties.
  131         (4)(a) An authority may employ an executive secretary, an
  132  executive director, its own counsel and legal staff, technical
  133  experts, and such engineers and employees, permanent or
  134  temporary, as it may require and shall determine the
  135  qualifications and fix the compensation of such persons, firms,
  136  or corporations. An authority may employ a fiscal agent or
  137  agents; however, the authority must solicit sealed proposals
  138  from at least three persons, firms, or corporations for the
  139  performance of any services as fiscal agents. An authority may
  140  delegate to one or more of its agents or employees such of its
  141  power as it deems necessary to carry out the purposes of the
  142  Florida Expressway Authority Act, subject always to the
  143  supervision and control of the authority. Members of an
  144  authority may be removed from office by the Governor for
  145  misconduct, malfeasance, misfeasance, or nonfeasance in office.
  146         (b) Members of an authority are entitled to receive from
  147  the authority their travel and other necessary expenses incurred
  148  in connection with the business of the authority as provided in
  149  s. 112.061, but they may not draw salaries or other
  150  compensation.
  151         (c) Members of each expressway authority, transportation
  152  authority, bridge authority, or toll authority, created pursuant
  153  to this chapter, chapter 343, or any other general law, shall
  154  comply with the applicable financial disclosure requirements of
  155  s. 8, Art. II of the State Constitution. This paragraph does not
  156  subject any statutorily created authority, other than an
  157  expressway authority created under this part, to any other
  158  requirement of this part except the requirement of this
  159  paragraph.
  160         (5)(a) A member or the executive director of an authority
  161  may not:
  162         1. Within 2 years after vacating his or her position as a
  163  board member or the executive director, personally represent
  164  another person or entity for compensation before the authority;
  165         2. After vacating his or her position as a board member or
  166  the executive director, have an employment or contractual
  167  relationship with a business entity other than an agency, as
  168  defined in s. 112.312, in connection with a contract in which
  169  the member or executive director personally and substantially
  170  participated through decision, approval, disapproval,
  171  recommendation, rendering of advice, or investigation while he
  172  or she was a member or employee of the authority.
  173         (b) A violation of this subsection is punishable in
  174  accordance with s. 112.317.
  175         (6) An authority’s general counsel shall serve as the
  176  authority’s ethics officer.
  177         (7) An authority board member, employee, or consultant who
  178  holds a position that may influence authority decisions may not
  179  engage in any relationship that may adversely affect his or her
  180  judgment in carrying out authority business. The following
  181  disclosures must be made annually on a disclosure form to
  182  prevent such conflicts of interest and preserve the integrity
  183  and transparency of the authority to the public:
  184         (a) Any relationship that a board member, employee, or
  185  consultant has which affords a current or future financial
  186  benefit to such board member, employee, or consultant, or to a
  187  relative or business associate of such board member, employee,
  188  or consultant, and which a reasonable person would conclude has
  189  the potential to create a prohibited conflict of interest.
  190         (b) Whether a relative of such board member, employee, or
  191  consultant is a registered lobbyist and, if so, the names of
  192  such lobbyist’s clients. Such names shall be provided in writing
  193  to the ethics officer.
  194         (c) All interests in real property that such board member,
  195  employee, or consultant has, or that a relative, principal,
  196  client, or business associate of such board member, employee, or
  197  consultant has, if such real property is located within, or
  198  within a 1/2-mile radius of, any actual or prospective authority
  199  roadway project. The executive director shall provide a corridor
  200  map and a property ownership list reflecting the ownership of
  201  all real property within the disclosure area, or an alignment
  202  map with a list of associated owners, to all board members,
  203  employees, and consultants.
  204         (8) The disclosure forms filed as required under subsection
  205  (7) must be reviewed by the ethics officer or, if a form is
  206  filed by the general counsel, by the executive director.
  207         (9) The conflict of interest process shall be outlined in
  208  the authority’s code of ethics.
  209         (10) Authority employees and consultants may not serve on
  210  the governing body of the authority while employed by or under
  211  contract with the authority.
  212         (11) The code of ethics policy shall be reviewed and
  213  updated by the ethics officer and presented for board approval
  214  at least once every 2 years.
  215         (12) Employees shall be adequately informed and trained on
  216  the code of ethics and shall continually participate in ongoing
  217  ethics education.
  218         Section 2. Section 348.52, Florida Statutes, is amended to
  219  read:
  220         348.52 Tampa-Hillsborough County Expressway Authority.—
  221         (1) There is hereby created and established a body politic
  222  and corporate, an agency of the state, to be known as the
  223  “Tampa-Hillsborough County Expressway Authority.”
  224         (2) The governing body of the authority shall consist of a
  225  board of seven members.
  226         (a) Four of the members shall be appointed by the Governor
  227  subject to confirmation by the Senate at the next regular
  228  session of the Legislature. Refusal or failure of the Senate to
  229  confirm an appointment shall create a vacancy.
  230         1. Each such member’s term of office shall be for 4 years
  231  or until his or her successor shall have been appointed and
  232  qualified.
  233         2. Vacancies occurring in the governing body for any such
  234  members prior to the expiration of the affected term shall be
  235  filled for the unexpired term.
  236         3. The Governor shall have the authority to remove from
  237  office any such member of the governing body in the manner and
  238  for cause defined by the laws of this state.
  239         3.4. Each such member, before entering upon his or her
  240  official duties, shall take and subscribe to an oath before some
  241  official authorized by law to administer oaths that he or she
  242  will honestly, faithfully, and impartially perform the duties
  243  devolving upon him or her in office as a member of the governing
  244  body of the authority and that he or she will not neglect any
  245  duties imposed upon him or her by this part.
  246         (b) One member shall be the mayor, or the mayor’s
  247  designate, who shall be the chair of the city council of the
  248  city in Hillsborough County having the largest population,
  249  according to the latest decennial census, who shall serve as a
  250  member ex officio.
  251         (c) One member shall be a member of the Board of County
  252  Commissioners of Hillsborough County, selected by such board,
  253  who shall serve as a member ex officio.
  254         (d) One member shall be the district secretary of the
  255  Department of Transportation serving in the district that
  256  contains Hillsborough County, who shall serve ex officio.
  257         (e) A member of the authority appointed by the governing
  258  board of the county or appointed by the Governor may not serve
  259  as a member of any other transportation-related board,
  260  commission, or organization with audit oversight of the
  261  authority while serving as a member of the authority.
  262         (f) A lobbyist, as defined in s. 112.3215, may not be
  263  appointed or serve as a member of the authority.
  264         (g) A member of the authority may be removed from office by
  265  the Governor for misconduct, malfeasance, misfeasance, or
  266  nonfeasance in office.
  267         (h) Members of the authority may receive reimbursement from
  268  the authority for travel and other necessary expenses incurred
  269  in connection with the business of the authority as provided in
  270  s. 112.061, but may not draw salaries or other compensation.
  271         (3) The authority shall designate one of its members as
  272  chair. The members of the authority shall not be entitled to
  273  compensation but shall be entitled to receive their travel and
  274  other necessary expenses as provided in s. 112.061. A majority
  275  of the members of the authority shall constitute a quorum, and
  276  resolutions enacted or adopted by a vote of a majority of the
  277  members present and voting at any meeting shall become effective
  278  without publication or posting or any further action of the
  279  authority.
  280         (4) The authority may employ a secretary and executive
  281  director, its own counsel and legal staff, and such legal,
  282  financial, and other professional consultants, technical
  283  experts, engineers, and employees, permanent or temporary, as it
  284  may require and may determine the qualifications and fix the
  285  compensation of such persons, firms, or corporations. The
  286  authority may contract with the Division of Bond Finance of the
  287  State Board of Administration for any financial services
  288  authorized herein.
  289         (5) The authority may delegate to one or more of its
  290  officers or employees such of its powers as it shall deem
  291  necessary to carry out the purposes of this part, subject always
  292  to the supervision and control of the authority. Members of the
  293  authority may be removed from their office by the Governor for
  294  misconduct, malfeasance, misfeasance, and nonfeasance in office.
  295         (6)(a) A member or the executive director of the authority
  296  may not:
  297         1. Within 2 years after vacating his or her position as a
  298  board member or the executive director, personally represent
  299  another person or entity for compensation before the authority;
  300         2. After vacating his or her position as a board member or
  301  the executive director, have an employment or contractual
  302  relationship with a business entity other than an agency, as
  303  defined in s. 112.312, in connection with a contract in which
  304  the member or executive director personally and substantially
  305  participated through decision, approval, disapproval,
  306  recommendation, rendering of advice, or investigation while he
  307  or she was a member or employee of the authority.
  308         (b) A violation of this subsection is punishable in
  309  accordance with s. 112.317.
  310         (7) The authority’s general counsel shall serve as the
  311  authority’s ethics officer.
  312         (8) An authority board member, employee, or consultant who
  313  holds a position that may influence authority decisions may not
  314  engage in any relationship that may adversely affect his or her
  315  judgment in carrying out authority business. The following
  316  disclosures must be made annually on a disclosure form to
  317  prevent such conflicts of interest and preserve the integrity
  318  and transparency of the authority to the public:
  319         (a) Any relationship a board member, employee, or
  320  consultant has which affords a current or future financial
  321  benefit to such board member, employee, or consultant, or to a
  322  relative or business associate of such board member, employee,
  323  or consultant, and which a reasonable person would conclude has
  324  the potential to create a prohibited conflict of interest.
  325         (b) Whether a relative of such board member, employee, or
  326  consultant is a registered lobbyist and, if so, the names of
  327  such lobbyist’s clients. Such names shall be provided in writing
  328  to the ethics officer.
  329         (c) All interests in real property that such board member,
  330  employee, or consultant has, or that a relative, principal,
  331  client, or business associate of such board member, employee, or
  332  consultant has, if such real property is located within, or
  333  within a 1/2-mile radius of, any actual or prospective authority
  334  roadway project. The executive director shall provide a corridor
  335  map and a property ownership list reflecting the ownership of
  336  all real property within the disclosure area, or an alignment
  337  map with a list of associated owners, to all board members,
  338  employees, and consultants.
  339         (9) The disclosure forms filed as required under subsection
  340  (8) must be reviewed by the ethics officer or, if a form is
  341  filed by the general counsel, by the executive director.
  342         (10) The conflict of interest process shall be outlined in
  343  the authority’s code of ethics.
  344         (11) Authority employees and consultants may not serve on
  345  the governing body of the authority while employed by or under
  346  contract with the authority.
  347         (12) The code of ethics policy shall be reviewed and
  348  updated by the ethics officer and presented for board approval
  349  at least once every 2 years.
  350         (13) Employees shall be adequately informed and trained on
  351  the code of ethics and shall continually participate in ongoing
  352  ethics education.
  353         Section 3. Section 348.53, Florida Statutes, is amended to
  354  read:
  355         348.53 Purposes of the authority.—The authority is created
  356  for the purposes and shall have power to construct, reconstruct,
  357  improve, extend, repair, maintain and operate the expressway
  358  system. It is hereby found and declared that such purposes are
  359  in all respects for the benefit of the people of the State of
  360  Florida, City of Tampa and the County of Hillsborough, for the
  361  increase of their pleasure, convenience and welfare, for the
  362  improvement of their health, to facilitate transportation,
  363  including managed lanes, for their recreation and commerce and
  364  for the common defense. The authority shall be performing a
  365  public purpose and a governmental function in carrying out its
  366  corporate purpose and in exercising the powers granted herein.
  367         Section 4. Subsection (15) is added to section 348.54,
  368  Florida Statutes, to read:
  369         348.54 Powers of the authority.—Except as otherwise limited
  370  herein, the authority shall have the power:
  371         (15) With the consent of the county within whose
  372  jurisdiction the following activities occur, the authority shall
  373  have the right to construct, operate, and maintain roads,
  374  bridges, avenues of access, thoroughfares, boulevards, and
  375  managed lanes outside the jurisdictional boundaries of
  376  Hillsborough County and within the jurisdictional boundaries of
  377  counties contiguous to Hillsborough County together with the
  378  right to construct, repair, replace, operate, install, and
  379  maintain facilities and electronic toll payment systems thereon
  380  or incidental thereto, with all necessary and incidental powers
  381  to accomplish the foregoing.
  382         Section 5. Section 348.753, Florida Statutes, is amended to
  383  read:
  384         348.753 Orlando-Orange County Expressway Authority.—
  385         (1) There is hereby created and established a body politic
  386  and corporate, an agency of the state, to be known as the
  387  Orlando-Orange County Expressway Authority, hereinafter referred
  388  to as “authority.”
  389         (2)(a) The governing body of the authority shall consist of
  390  five members. Three members shall be citizens of Orange County,
  391  who shall be appointed by the Governor. The fourth member shall
  392  be, ex officio, the chair of the County Commissioners of Orange
  393  County, and the fifth member shall be, ex officio, the district
  394  secretary of the Department of Transportation serving in the
  395  district that contains Orange County. The term of each appointed
  396  member shall be for 4 years. Each appointed member shall hold
  397  office until his or her successor has been appointed and has
  398  qualified. A vacancy occurring during a term shall be filled
  399  only for the balance of the unexpired term. Each appointed
  400  member of the authority shall be a person of outstanding
  401  reputation for integrity, responsibility, and business ability,
  402  but no person who is an officer or employee of any city or of
  403  Orange County in any other capacity shall be an appointed member
  404  of the authority. Any member of the authority shall be eligible
  405  for reappointment.
  406         (b) A member of the authority appointed by the governing
  407  body of the county or appointed by the Governor may not serve as
  408  a member of any other transportation-related board, commission,
  409  or organization with audit oversight of the authority while
  410  serving as a member of the authority.
  411         (c) A lobbyist, as defined in s. 112.3215, may not be
  412  appointed or serve as a member of the authority.
  413         (d) A member of the authority may be removed from office by
  414  the Governor for misconduct, malfeasance, misfeasance, or
  415  nonfeasance in office.
  416         (e) Members of the authority may receive reimbursement from
  417  the authority for travel and other necessary expenses incurred
  418  in connection with the business of the authority as provided in
  419  s. 112.061, but may not draw salaries or other compensation.
  420         (3)(a) The authority shall elect one of its members as
  421  chair of the authority. The authority shall also elect a
  422  secretary and a treasurer who may or may not be members of the
  423  authority. The chair, secretary, and treasurer shall hold such
  424  offices at the will of the authority. Three members of the
  425  authority shall constitute a quorum, and the vote of three
  426  members shall be necessary for any action taken by the
  427  authority. No vacancy in the authority shall impair the right of
  428  a quorum of the authority to exercise all of the rights and
  429  perform all of the duties of the authority.
  430         (b) Upon the effective date of his or her appointment, or
  431  as soon thereafter as practicable, each appointed member of the
  432  authority shall enter upon his or her duties.
  433         (4)(a) The authority may employ an executive secretary, an
  434  executive director, its own counsel and legal staff, technical
  435  experts, such engineers, and such employees, permanent or
  436  temporary, as it may require and may determine the
  437  qualifications and fix the compensation of such persons, firms,
  438  or corporations and may employ a fiscal agent or agents,
  439  provided, however, that the authority shall solicit sealed
  440  proposals from at least three persons, firms, or corporations
  441  for the performance of any services as fiscal agents. The
  442  authority may delegate to one or more of its agents or employees
  443  such of its power as it shall deem necessary to carry out the
  444  purposes of this part, subject always to the supervision and
  445  control of the authority. Members of the authority may be
  446  removed from their office by the Governor for misconduct,
  447  malfeasance, misfeasance, or nonfeasance in office.
  448         (b) Members of the authority shall be entitled to receive
  449  from the authority their travel and other necessary expenses
  450  incurred in connection with the business of the authority as
  451  provided in s. 112.061, but they shall draw no salaries or other
  452  compensation.
  453         (5)(a) A member or the executive director of the authority
  454  may not:
  455         1. Within 2 years after vacating his or her position as a
  456  board member or the executive director, personally represent
  457  another person or entity for compensation before the authority;
  458         2.After vacating his or her position as a board member or
  459  the executive director, have an employment or contractual
  460  relationship with a business entity other than an agency, as
  461  defined in s. 112.312, in connection with a contract in which
  462  the member or executive director personally and substantially
  463  participated through decision, approval, disapproval,
  464  recommendation, rendering of advice, or investigation while he
  465  or she was a member or employee of the authority.
  466         (b) A violation of this subsection is punishable in
  467  accordance with s. 112.317.
  468         (6) The authority’s general counsel shall serve as the
  469  authority’s ethics officer.
  470         (7) An authority board member, employee, or consultant who
  471  holds a position that may influence authority decisions may not
  472  engage in any relationship that may adversely affect his or her
  473  judgment in carrying out authority business. The following
  474  disclosures must be made annually on a disclosure form to
  475  prevent such conflicts of interest and preserve the integrity
  476  and transparency of the authority to the public:
  477         (a) Any relationship a board member, employee, or
  478  consultant has which affords a current or future financial
  479  benefit to such board member, employee, or consultant, or to a
  480  relative or business associate of such board member, employee,
  481  or consultant, and which a reasonable person would conclude has
  482  the potential to create a prohibited conflict of interest.
  483         (b) Whether a relative of such board member, employee, or
  484  consultant is a registered lobbyist and, if so, the names of
  485  such lobbyist’s clients. Such names shall be provided in writing
  486  to the ethics officer.
  487         (c) All interests in real property that such board member,
  488  employee, or consultant has, or that a relative, principal,
  489  client, or business associate of such board member, employee, or
  490  consultant has, if such real property is located within, or
  491  within a 1/2-mile radius of, any actual or prospective authority
  492  roadway project. The executive director shall provide a corridor
  493  map and a property ownership list reflecting the ownership of
  494  all real property within the disclosure area, or an alignment
  495  map with a list of associated owners, to all board member,
  496  employees, and consultants.
  497         (8) The disclosure forms filed as required under subsection
  498  (7) must be reviewed by the ethics officer or, if a form is
  499  filed by the general counsel, by the executive director.
  500         (9) The conflict of interest process shall be outlined in
  501  the authority’s code of ethics.
  502         (10) Authority employees and consultants may not serve on
  503  the governing body of the authority while employed by or under
  504  contract with the authority.
  505         (11) The code of ethics policy shall be reviewed and
  506  updated by the ethics officer and presented for board approval
  507  at least once every 2 years.
  508         (12) Employees shall be adequately informed and trained on
  509  the code of ethics and shall continually participate in ongoing
  510  ethics education.
  511         Section 6. Section 348.9952, Florida Statutes, is amended
  512  to read:
  513         348.9952 Osceola County Expressway Authority.—
  514         (1) There is created a body politic and corporate, an
  515  agency of the state, to be known as the Osceola County
  516  Expressway Authority.
  517         (2)(a) The governing body of the authority shall consist of
  518  six members. Five members, at least one of whom must be a member
  519  of a racial or ethnic minority group, must be residents of
  520  Osceola County, three of whom shall be appointed by the
  521  governing body of the county and two of whom shall be appointed
  522  by the Governor. The sixth member shall be the district
  523  secretary of the department serving in the district that
  524  includes Osceola County, who shall serve as an ex officio,
  525  nonvoting member. The term of each appointed member shall be for
  526  4 years, except that the first term of the initial members
  527  appointed by the Governor shall be 2 years each. Each appointed
  528  member shall hold office until his or her successor has been
  529  appointed and has qualified. A vacancy occurring during a term
  530  shall be filled only for the balance of the unexpired term. Each
  531  appointed member of the authority shall be a person of
  532  outstanding reputation for integrity, responsibility, and
  533  business ability, but a person who is an officer or employee of
  534  any municipality or of Osceola County in any other capacity may
  535  not be an appointed member of the authority. A member of the
  536  authority is eligible for reappointment.
  537         (b) A member of the authority appointed by the governing
  538  board of the county or appointed by the Governor may not serve
  539  as a member of any other transportation-related board,
  540  commission, or organization with audit oversight of the
  541  authority while serving as a member of the authority.
  542         (c) A lobbyist, as defined in s. 112.3215, may not be
  543  appointed or serve as a member of the authority.
  544         (d)(b) Members of the authority may be removed from office
  545  by the Governor for misconduct, malfeasance, misfeasance, or
  546  nonfeasance in office.
  547         (e) Members of the authority may receive reimbursement from
  548  the authority for travel and other necessary expenses incurred
  549  in connection with the business of the authority as provided in
  550  s. 112.061, but may not draw salaries or other compensation.
  551         (3)(a) The authority shall elect one of its members as
  552  chair. The authority shall also elect a secretary and a
  553  treasurer, who may be members of the authority. The chair,
  554  secretary, and treasurer shall hold such offices at the will of
  555  the authority.
  556         (b) Three members of the authority constitute a quorum, and
  557  the vote of three members is necessary for any action taken by
  558  the authority. A vacancy in the authority does not impair the
  559  right of a quorum of the authority to exercise all of the rights
  560  and perform all of the duties of the authority.
  561         (4)(a) The authority may employ an executive secretary, an
  562  executive director, its own counsel and legal staff, technical
  563  experts, engineers, and other employees, permanent or temporary,
  564  as it may require, and may determine the qualifications and fix
  565  the compensation of such persons, firms, or corporations.
  566  Additionally, the authority may employ a fiscal agent or agents.
  567  However, the authority shall solicit sealed proposals from at
  568  least three persons, firms, or corporations for the performance
  569  of any services as fiscal agents. The authority may delegate to
  570  one or more of its agents or employees such of its power as it
  571  deems necessary to carry out the purposes of this part, subject
  572  always to the supervision and control of the authority.
  573         (b) Members of the authority are entitled to receive from
  574  the authority their travel and other necessary expenses incurred
  575  in connection with the business of the authority as provided in
  576  s. 112.061, but members shall not draw salaries or other
  577  compensation.
  578         (b)(c) The department is not required to grant funds for
  579  startup costs to the authority. However, the governing body of
  580  the county may provide funds for such startup costs.
  581         (c)(d) The authority shall cooperate with and participate
  582  in any efforts to establish a regional expressway authority.
  583         (d)(e) Notwithstanding any other provision of law,
  584  including s. 339.175(3), the authority is not entitled to voting
  585  membership in a metropolitan planning organization in which
  586  Osceola County, or any of the municipalities therein, are also
  587  voting members.
  588         (5)(a) A member or the executive director of the authority
  589  may not:
  590         1. Within 2 years after vacating his or her position as a
  591  board member or the executive director, personally represent
  592  another person or entity for compensation before the authority;
  593         2. After vacating his or her position as a board member or
  594  the executive director, have an employment or contractual
  595  relationship with a business entity other than an agency, as
  596  defined in s. 112.312, in connection with a contract in which
  597  the member or executive director personally and substantially
  598  participated through decision, approval, disapproval,
  599  recommendation, rendering of advice, or investigation while he
  600  or she was a member or employee of the authority.
  601         (b) A violation of this subsection is punishable in
  602  accordance with s. 112.317.
  603         (6) The authority’s general counsel shall serve as the
  604  authority’s ethics officer.
  605         (7) An authority board member, employee, or consultant who
  606  holds a position that may influence authority decisions may not
  607  engage in any relationship that may adversely affect his or her
  608  judgment in carrying out authority business. The following
  609  disclosures must be made annually on a disclosure form to
  610  prevent such conflicts of interest and preserve the integrity
  611  and transparency of the authority to the public:
  612         (a) Any relationship a board member, employee, or
  613  consultant has which affords a current or future financial
  614  benefit to such board member, employee, or consultant, or to a
  615  relative or business associate of such board member, employee,
  616  or consultant, and which a reasonable person would conclude has
  617  the potential to create a prohibited conflict of interest.
  618         (b) Whether a relative of such board member, employee, or
  619  consultant is a registered lobbyist and, if so, the names of
  620  such lobbyist’s clients. Such names shall be provided in writing
  621  to the ethics officer.
  622         (c) Any and all interests in real property that such board
  623  member, employee, or consultant has, or that a relative,
  624  principal, client, or business associate of such board member,
  625  employee, or consultant has, if such real property is located
  626  within, or within a 1/2-mile radius of, any actual or
  627  prospective authority roadway project. The executive director
  628  shall provide a corridor map and a property ownership list
  629  reflecting the ownership of all real property within the
  630  disclosure area, or an alignment map with a list of associated
  631  owners, to all board member, employees, and consultants.
  632         (8) The disclosure forms filed as required under subsection
  633  (7) must be reviewed by the ethics officer or, if a form is
  634  filed by the general counsel, by the executive director.
  635         (9) The conflict of interest process shall be outlined in
  636  the authority’s code of ethics.
  637         (10) Authority employees and consultants may not serve on
  638  the governing body of the authority while employed by or under
  639  contract with the authority.
  640         (11) The code of ethics policy shall be reviewed and
  641  updated by the ethics officer and presented for board approval
  642  at least once every 2 years.
  643         (12) Employees shall be adequately informed and trained on
  644  the code of ethics and shall continually participate in ongoing
  645  ethics education.
  646         Section 7. Subsection (6) of section 343.1003, Florida
  647  Statutes, is amended to read:
  648         343.1003 Northeast Florida Regional Transportation
  649  Commission.—
  650         (6) Notwithstanding s. 348.0003(2)(i) 348.0003(4)(c),
  651  members of the board shall file a statement of financial
  652  interest with the Commission on Ethics pursuant to s. 112.3145.
  653         Section 8. This act shall take effect July 1, 2014.