Florida Senate - 2016 CS for SB 574 By the Committee on Ethics and Elections; and Senators Flores and Gaetz 582-01773-16 2016574c1 1 A bill to be entitled 2 An act relating to expressway authorities; amending s. 3 348.0003, F.S.; revising qualifications for membership 4 on the governing body of certain expressway 5 authorities; providing for termination from an 6 authority’s governing body upon a finding of a 7 violation of specified ethical conduct provisions or 8 failure to comply with a notice of failure to comply 9 with financial disclosure requirements; providing an 10 effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (d) of subsection (2) and paragraph 15 (a) of subsection (5) of section 348.0003, Florida Statutes, are 16 amended, and paragraph (l) is added to subsection (5) of that 17 section, to read: 18 348.0003 Expressway authority; formation; membership.— 19 (2) The governing body of an authority shall consist of not 20 fewer than five nor more than nine voting members. The district 21 secretary of the affected department district shall serve as a 22 nonvoting member of the governing body of each authority located 23 within the district. Each member of the governing body must at 24 all times during his or her term of office be a permanent 25 resident of the county which he or she is appointed to 26 represent. 27 (d) Notwithstanding any provision to the contrary in this 28 subsection, in any county as defined in s. 125.011(1), the 29 governing body of an authority shall consist of up to nine
1330 members, and the following provisions of this paragraph shall 31 apply specifically to such authority. Except for the district 32 secretary of the department, the members must be residents of 33 the county. Five Sevenvoting members shall be appointed by the 34 governing body of the county. At the discretion of the governing 35 body of the county, up to two of the members appointed by the 36 governing body of the county may be elected officials residing 37 in the county. Three Fivevoting members of the authority shall 38 be appointed by the Governor. One member shall be the district 39 secretary of the department serving in the district that 40 contains such county. This member shall be an ex officio voting 41 member of the authority. If the governing body boardof an 42 authority includes any member originally appointed by the 43 governing body of the county as a nonvoting member, when the 44 term of such member expires, that member shall be replaced by a 45 member appointed by the Governor until the governing body of the 46 authority is composed of five sevenmembers appointed by the 47 governing body of the county and three fivemembers appointed by 48 the Governor. Except as provided in subsection (5), the 49 qualifications, terms of office, and obligations and rights of 50 members of the authority shall be determined by resolution or 51 ordinance of the governing body of the county in a manner that 52 is consistent with subsections (3) and (4). 53 (5) In a county as defined in s. 125.011(1): 54 (a)1. A lobbyist, as defined in s. 112.3215, may not be 55 appointed or serve as a member of the governing body of an 56 authority. 57 2. A person may not be appointed to or serve as a member of 58 the governing body of an authority if that person currently 59 represents or has in the previous 4 years represented any client 60 for compensation before the authority. 61 3. A person may not be appointed to or serve as a member of 62 the governing body of an authority if that person currently 63 represents or has in the previous 4 years represented any person 64 or entity that is doing business, or in the previous 4 years has 65 done business, with the authority. 66 (l) A finding of a violation of this subsection or chapter 67 112, or failure to comply within 90 days after receiving a 68 notice of failure to comply with financial disclosure 69 requirements, results in immediate termination from the 70 governing body of the authority. 71 Section 2. This act shall take effect upon becoming a law.