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 13
   30  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 Seven voting 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 Five voting 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 board of 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 seven members appointed by the
   47  governing body of the county and three five members 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.