Bill Amendment: FL S0772 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Expressway Authorities
Status: 2014-05-02 - Died in Appropriations, companion bill(s) passed, see CS/CS/CS/SB 218 (Ch. 2014-169), CS/CS/SB 230 (Ch. 2014-171), CS/CS/CS/SB 846 (Ch. 2014-183) [S0772 Detail]
Download: Florida-2014-S0772-Senate_Committee_Substitue_Amendment_574892_Amendment_Delete_All_450614_.html
Bill Title: Expressway Authorities
Status: 2014-05-02 - Died in Appropriations, companion bill(s) passed, see CS/CS/CS/SB 218 (Ch. 2014-169), CS/CS/SB 230 (Ch. 2014-171), CS/CS/CS/SB 846 (Ch. 2014-183) [S0772 Detail]
Download: Florida-2014-S0772-Senate_Committee_Substitue_Amendment_574892_Amendment_Delete_All_450614_.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 772 Ì574892MÎ574892 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/03/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Substitute for Amendment (450614) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Section 348.0003, Florida Statutes, is amended 7 to read: 8 348.0003 Expressway authority; formation; membership.— 9 (1) Any county, or two or more contiguous counties located 10 within a single district of the department, may, by resolution 11 adopted by the board of county commissioners, form an expressway 12 authority, which shall be an agency of the state, pursuant to 13 the Florida Expressway Authority Act. 14 (2) The governing body of an authority shall consist of not 15 fewer than five nor more than nine voting members. The district 16 secretary of the affected department district shall serve as a 17 nonvoting member of the governing body of each authority located 18 within the district. Each member of the governing body must at 19 all times during his or her term of office be a permanent 20 resident of the county which he or she is appointed to 21 represent. 22 (a) Two members of the authority shall be appointed for 23 terms of 4 years by the Governor, subject to confirmation by the 24 Senate. Such persons may not hold elective office during their 25 terms of office. 26 (b) For a single-county authority, the remaining members 27 shall be appointed by the board of county commissioners for 28 terms of 3 years. 29 (c) For a multicounty authority, the remaining members 30 shall be apportioned, based on the population of such counties, 31 among the counties within the authority. Each such member shall 32 be appointed by the applicable board of county commissioners for 33 a term of 3 years. 34 (d) Notwithstanding any provision ofto the contrary in35 this subsection, in any county as defined in s. 125.011(1), the 36 governing body of an authority shall consist of nineup to 1337 members, and thefollowingprovisions of this paragraph shall 38 apply specifically to such authority. Except for the district 39 secretary of the department, the members must be residents of 40 the county. FourSevenvoting members shall be appointed by the 41 governing body of the county. At the discretion of the governing 42 body of the county, up to two of the members appointed by the 43 governing body of the county may be elected officials residing 44 in the county. FourFivevoting members of the authority shall 45 be appointed by the Governor. One member shall be the district 46 secretary of the department serving in the district that 47 contains such county. This member shall be an ex officio voting 48 member of the authority. If the governing board of an authority 49 includes any member originally appointed by the governing body 50 of the county as a nonvoting member, when the term of such 51 member expires, that member shall be replaced by a member 52 appointed by the Governor until the governing body of the 53 authority is composed of foursevenmembers appointed by the 54 governing body of the county and fourfivemembers appointed by 55 the Governor. The qualifications, terms of office, and 56 obligations and rights of members of the authority shall be 57 determined by resolution or ordinance of the governing body of 58 the county in a manner that is consistent with this paragraph, 59 paragraphs (e)-(i), and subsections (3)-(12)(3) and (4). 60 (e) A member of an authority appointed by the governing 61 board of the county or appointed by the Governor may not serve 62 as a member of any other transportation-related, commission, or 63 organization board with audit oversight of the authority while 64 serving as a member of the authority. 65 (f) A lobbyist, as defined in s. 112.3215, may not be 66 appointed or serve as a member of an authority. 67 (g) A member of an authority may be removed from office by 68 the Governor for misconduct, malfeasance, misfeasance, or 69 nonfeasance in office. 70 (h) Members of an authority may receive reimbursement from 71 the authority for travel and other necessary expenses incurred 72 in connection with the business of the authority as provided in 73 s. 112.061, but may not draw salaries or other compensation. 74 (i) Members of each expressway authority, transportation 75 authority, bridge authority, or toll authority created pursuant 76 to this chapter, chapter 343, or any other general law shall 77 comply with the applicable financial disclosure requirements of 78 s. 8, Art. II of the State Constitution. This paragraph does not 79 subject any statutorily created authority, other than an 80 expressway authority created under this part, to any requirement 81 of this part except this paragraph. 82 (3)(a) The governing body of each authority shall elect one 83 of its members as its chair and shall elect a secretary and a 84 treasurer who need not be members of the authority. The chair, 85 secretary, and treasurer shall hold their offices at the will of 86 the authority. A simple majority of the governing body of the 87 authority constitutes a quorum, and the vote of a majority of 88 those members present is necessary for the governing body to 89 take any action. A vacancy on an authority shall not impair the 90 right of a quorum of the authority to exercise all of the rights 91 and perform all of the duties of the authority. 92 (b) Upon the effective date of his or her appointment, or 93 as soon thereafter as practicable, each appointed member of an 94 authority shall enter upon his or her duties. 95 (4)(a)An authority may employ an executive secretary, an 96 executive director, its own counsel and legal staff, technical 97 experts, and such engineers and employees, permanent or 98 temporary, as it may require and shall determine the 99 qualifications and fix the compensation of such persons, firms, 100 or corporations. An authority may employ a fiscal agent or 101 agents; however, the authority must solicit sealed proposals 102 from at least three persons, firms, or corporations for the 103 performance of any services as fiscal agents. An authority may 104 delegate to one or more of its agents or employees such of its 105 power as it deems necessary to carry out the purposes of the 106 Florida Expressway Authority Act, subject always to the 107 supervision and control of the authority.Members of an108authority may be removed from office by the Governor for109misconduct, malfeasance, misfeasance, or nonfeasance in office.110(b) Members of an authority are entitled to receive from111the authority their travel and other necessary expenses incurred112in connection with the business of the authority as provided in113s. 112.061, but they may not draw salaries or other114compensation.115(c) Members of each expressway authority, transportation116authority, bridge authority, or toll authority, created pursuant117to this chapter, chapter 343, or any other general law, shall118comply with the applicable financial disclosure requirements of119s. 8, Art. II of the State Constitution. This paragraph does not120subject any statutorily created authority, other than an121expressway authority created under this part, to any other122requirement of this part except the requirement of this123paragraph.124 (5)(a) A member or the executive director of an authority 125 may not: 126 1. Within 2 years after vacating his or her position as a 127 board member or the executive director, personally represent 128 another person or entity for compensation before the authority; 129 2. After vacating his or her position as a board member or 130 the executive director, have an employment or contractual 131 relationship with a business entity other than an agency, as 132 defined in s. 112.312, in connection with a contract in which 133 the member or executive director personally and substantially 134 participated through decision, approval, disapproval, 135 recommendation, rendering of advice, or investigation while he 136 or she was a member or employee of the authority. 137 (b) A violation of this subsection is punishable in 138 accordance with s. 112.317. 139 (6) An authority’s general counsel shall serve as the 140 authority’s ethics officer. 141 (7) An authority board member, employee, or consultant who 142 holds a position that may influence authority decisions may not 143 engage in any relationship that may adversely affect his or her 144 judgment in carrying out authority business. The following 145 disclosures must be made annually on a disclosure form to 146 prevent such conflicts of interest and preserve the integrity 147 and transparency of the authority to the public: 148 (a) Any relationship that a board member, employee, or 149 consultant has which affords a current or future financial 150 benefit to such board member, employee, or consultant, or to a 151 relative or business associate of such board member, employee, 152 or consultant, and which a reasonable person would conclude has 153 the potential to create a prohibited conflict of interest. 154 (b) Whether a relative of such board member, employee, or 155 consultant is a registered lobbyist and, if so, the names of 156 such lobbyist’s clients. Such names shall be provided in writing 157 to the ethics officer. 158 (c) All interests in real property that such board member, 159 employee, or consultant has, or that a relative, principal, 160 client, or business associate of such board member, employee, or 161 consultant has, if such real property is located within, or 162 within a 1/2-mile radius of, any actual or prospective authority 163 roadway project. The executive director shall provide a corridor 164 map and a property ownership list reflecting the ownership of 165 all real property within the disclosure area, or an alignment 166 map with a list of associated owners, to all board members, 167 employees, and consultants. 168 (8) The disclosure forms filed as required under subsection 169 (7) must be reviewed by the ethics officer or, if a form is 170 filed by the general counsel, by the executive director. 171 (9) The conflict of interest process shall be outlined in 172 the authority’s code of ethics. 173 (10) Authority employees and consultants may not serve on 174 the governing body of the authority while employed by or under 175 contract with the authority. 176 (11) The code of ethics policy shall be reviewed and 177 updated by the ethics officer and presented for board approval 178 at least once every 2 years. 179 (12) Employees shall be adequately informed and trained on 180 the code of ethics and shall continually participate in ongoing 181 ethics education. 182 Section 2. Section 348.52, Florida Statutes, is amended to 183 read: 184 348.52 Tampa-Hillsborough County Expressway Authority.— 185 (1) There is hereby created and established a body politic 186 and corporate, an agency of the state, to be known as the 187 “Tampa-Hillsborough County Expressway Authority.” 188 (2) The governing body of the authority shall consist of a 189 board of seven members. 190 (a) Four of the members shall be appointed by the Governor 191 subject to confirmation by the Senate at the next regular 192 session of the Legislature. Refusal or failure of the Senate to 193 confirm an appointment shall create a vacancy. 194 1. Each such member’s term of office shall be for 4 years 195 or until his or her successor shall have been appointed and 196 qualified. 197 2. Vacancies occurring in the governing body for any such 198 members prior to the expiration of the affected term shall be 199 filled for the unexpired term. 2003. The Governor shall have the authority to remove from201office any such member of the governing body in the manner and202for cause defined by the laws of this state.203 3.4.Each such member, before entering upon his or her 204 official duties, shall take and subscribe to an oath before some 205 official authorized by law to administer oaths that he or she 206 will honestly, faithfully, and impartially perform the duties 207 devolving upon him or her in office as a member of the governing 208 body of the authority and that he or she will not neglect any 209 duties imposed upon him or her by this part. 210 (b) One member shall be the mayor, or the mayor’s 211 designate, who shall be the chair of the city council of the 212 city in Hillsborough County having the largest population, 213 according to the latest decennial census, who shall serve as a 214 member ex officio. 215 (c) One member shall be a member of the Board of County 216 Commissioners of Hillsborough County, selected by such board, 217 who shall serve as a member ex officio. 218 (d) One member shall be the district secretary of the 219 Department of Transportation serving in the district that 220 contains Hillsborough County, who shall serve ex officio. 221 (e) A member of the authority appointed by the governing 222 board of the county or appointed by the Governor may not serve 223 as a member of any other transportation-related board, 224 commission, or organization with audit oversight of the 225 authority while serving as a member of the authority. 226 (f) A lobbyist, as defined in s. 112.3215, may not be 227 appointed or serve as a member of the authority. 228 (g) A member of the authority may be removed from office by 229 the Governor for misconduct, malfeasance, misfeasance, or 230 nonfeasance in office. 231 (h) Members of the authority may receive reimbursement from 232 the authority for travel and other necessary expenses incurred 233 in connection with the business of the authority as provided in 234 s. 112.061, but may not draw salaries or other compensation. 235 (3) The authority shall designate one of its members as 236 chair.The members of the authority shall not be entitled to237compensation but shall be entitled to receive their travel and238other necessary expenses as provided in s. 112.061.A majority 239 of the members of the authority shall constitute a quorum, and 240 resolutions enacted or adopted by a vote of a majority of the 241 members present and voting at any meeting shall become effective 242 without publication or posting or any further action of the 243 authority. 244 (4) The authority may employ a secretary and executive 245 director, its own counsel and legal staff, and such legal, 246 financial, and other professional consultants, technical 247 experts, engineers, and employees, permanent or temporary, as it 248 may require and may determine the qualifications and fix the 249 compensation of such persons, firms, or corporations. The 250 authority may contract with the Division of Bond Finance of the 251 State Board of Administration for any financial services 252 authorized herein. 253 (5) The authority may delegate to one or more of its 254 officers or employees such of its powers as it shall deem 255 necessary to carry out the purposes of this part, subject always 256 to the supervision and control of the authority.Members of the257authority may be removed from their office by the Governor for258misconduct, malfeasance, misfeasance, and nonfeasance in office.259 (6)(a) A member or the executive director of the authority 260 may not: 261 1. Within 2 years after vacating his or her position as a 262 board member or the executive director, personally represent 263 another person or entity for compensation before the authority; 264 2. After vacating his or her position as a board member or 265 the executive director, have an employment or contractual 266 relationship with a business entity other than an agency, as 267 defined in s. 112.312, in connection with a contract in which 268 the member or executive director personally and substantially 269 participated through decision, approval, disapproval, 270 recommendation, rendering of advice, or investigation while he 271 or she was a member or employee of the authority. 272 (b) A violation of this subsection is punishable in 273 accordance with s. 112.317. 274 (7) The authority’s general counsel shall serve as the 275 authority’s ethics officer. 276 (8) An authority board member, employee, or consultant who 277 holds a position that may influence authority decisions may not 278 engage in any relationship that may adversely affect his or her 279 judgment in carrying out authority business. The following 280 disclosures must be made annually on a disclosure form to 281 prevent such conflicts of interest and preserve the integrity 282 and transparency of the authority to the public: 283 (a) Any relationship a board member, employee, or 284 consultant has which affords a current or future financial 285 benefit to such board member, employee, or consultant, or to a 286 relative or business associate of such board member, employee, 287 or consultant, and which a reasonable person would conclude has 288 the potential to create a prohibited conflict of interest. 289 (b) Whether a relative of such board member, employee, or 290 consultant is a registered lobbyist and, if so, the names of 291 such lobbyist’s clients. Such names shall be provided in writing 292 to the ethics officer. 293 (c) All interests in real property that such board member, 294 employee, or consultant has, or that a relative, principal, 295 client, or business associate of such board member, employee, or 296 consultant has, if such real property is located within, or 297 within a 1/2-mile radius of, any actual or prospective authority 298 roadway project. The executive director shall provide a corridor 299 map and a property ownership list reflecting the ownership of 300 all real property within the disclosure area, or an alignment 301 map with a list of associated owners, to all board members, 302 employees, and consultants. 303 (9) The disclosure forms filed as required under subsection 304 (8) must be reviewed by the ethics officer or, if a form is 305 filed by the general counsel, by the executive director. 306 (10) The conflict of interest process shall be outlined in 307 the authority’s code of ethics. 308 (11) Authority employees and consultants may not serve on 309 the governing body of the authority while employed by or under 310 contract with the authority. 311 (12) The code of ethics policy shall be reviewed and 312 updated by the ethics officer and presented for board approval 313 at least once every 2 years. 314 (13) Employees shall be adequately informed and trained on 315 the code of ethics and shall continually participate in ongoing 316 ethics education. 317 Section 3. Section 348.53, Florida Statutes, is amended to 318 read: 319 348.53 Purposes of the authority.—The authority is created 320 for the purposes and shall have power to construct, reconstruct, 321 improve, extend, repair, maintain and operate the expressway 322 system. It is hereby found and declared that such purposes are 323 in all respects for the benefit of the people of the State of 324 Florida, City of Tampa and the County of Hillsborough, for the 325 increase of their pleasure, convenience and welfare, for the 326 improvement of their health, to facilitate transportation, 327 including managed lanes, for their recreation and commerce and 328 for the common defense. The authority shall be performing a 329 public purpose and a governmental function in carrying out its 330 corporate purpose and in exercising the powers granted herein. 331 Section 4. Subsection (15) of section 348.54, Florida 332 Statutes, is created to read: 333 348.54 Powers of the authority.—Except as otherwise limited 334 herein, the authority shall have the power: 335 (15) With the consent of the county within whose 336 jurisdiction the following activities occur, the authority shall 337 have the right to construct, operate, and maintain roads, 338 bridges, avenues of access, thoroughfares, boulevards and 339 managed lanes outside the jurisdictional boundaries of 340 Hillsborough County and within the jurisdictional boundaries of 341 counties contiguous to Hillsborough County together with the 342 right to construct, repair, replace, operate, install, and 343 maintain facilities and electronic toll payment systems thereon 344 or incidental thereto, with all necessary and incidental powers 345 to accomplish the foregoing. 346 Section 5. Section 348.753, Florida Statutes, is amended to 347 read: 348 348.753 Orlando-Orange County Expressway Authority.— 349 (1) There is hereby created and established a body politic 350 and corporate, an agency of the state, to be known as the 351 Orlando-Orange County Expressway Authority, hereinafter referred 352 to as “authority.” 353 (2)(a) The governing body of the authority shall consist of 354 five members. Three members shall be citizens of Orange County, 355 who shall be appointed by the Governor. The fourth member shall 356 be, ex officio, the chair of the County Commissioners of Orange 357 County, and the fifth member shall be, ex officio, the district 358 secretary of the Department of Transportation serving in the 359 district that contains Orange County. The term of each appointed 360 member shall be for 4 years. Each appointed member shall hold 361 office until his or her successor has been appointed and has 362 qualified. A vacancy occurring during a term shall be filled 363 only for the balance of the unexpired term. Each appointed 364 member of the authority shall be a person of outstanding 365 reputation for integrity, responsibility, and business ability, 366 but no person who is an officer or employee of any city or of 367 Orange County in any other capacity shall be an appointed member 368 of the authority. Any member of the authority shall be eligible 369 for reappointment. 370 (b) A member of the authority appointed by the Governor may 371 not serve as a member of any other transportation-related board, 372 commission, or organization with audit oversight of the 373 authority while serving as a member of the authority. 374 (c) A lobbyist, as defined in s. 112.3215, may not be 375 appointed or serve as a member of the authority. 376 (d) A member of the authority may be removed from office by 377 the Governor for misconduct, malfeasance, misfeasance, or 378 nonfeasance in office. 379 (e) Members of the authority may receive reimbursement from 380 the authority for travel and other necessary expenses incurred 381 in connection with the business of the authority as provided in 382 s. 112.061, but may not draw salaries or other compensation. 383 (3)(a) The authority shall elect one of its members as 384 chair of the authority. The authority shall also elect a 385 secretary and a treasurer who may or may not be members of the 386 authority. The chair, secretary, and treasurer shall hold such 387 offices at the will of the authority. Three members of the 388 authority shall constitute a quorum, and the vote of three 389 members shall be necessary for any action taken by the 390 authority. No vacancy in the authority shall impair the right of 391 a quorum of the authority to exercise all of the rights and 392 perform all of the duties of the authority. 393 (b) Upon the effective date of his or her appointment, or 394 as soon thereafter as practicable, each appointed member of the 395 authority shall enter upon his or her duties. 396 (4)(a)The authority may employ an executive secretary, an 397 executive director, its own counsel and legal staff, technical 398 experts, such engineers, and such employees, permanent or 399 temporary, as it may require and may determine the 400 qualifications and fix the compensation of such persons, firms, 401 or corporations and may employ a fiscal agent or agents, 402 provided, however, that the authority shall solicit sealed 403 proposals from at least three persons, firms, or corporations 404 for the performance of any services as fiscal agents. The 405 authority may delegate to one or more of its agents or employees 406 such of its power as it shall deem necessary to carry out the 407 purposes of this part, subject always to the supervision and 408 control of the authority.Members of the authority may be409removed from their office by the Governor for misconduct,410malfeasance, misfeasance, or nonfeasance in office.411(b) Members of the authority shall be entitled to receive412from the authority their travel and other necessary expenses413incurred in connection with the business of the authority as414provided in s. 112.061, but they shall draw no salaries or other415compensation.416 (5)(a) A member or the executive director of the authority 417 may not: 418 1. Within 2 years after vacating his or her position as a 419 board member or the executive director, personally represent 420 another person or entity for compensation before the authority; 421 2. After vacating his or her position as a board member or 422 the executive director, have an employment or contractual 423 relationship with a business entity other than an agency, as 424 defined in s. 112.312, in connection with a contract in which 425 the member or executive director personally and substantially 426 participated through decision, approval, disapproval, 427 recommendation, rendering of advice, or investigation while he 428 or she was a member or employee of the authority. 429 (b) A violation of this subsection is punishable in 430 accordance with s. 112.317. 431 (6) The authority’s general counsel shall serve as the 432 authority’s ethics officer. 433 (7) An authority board member, employee, or consultant who 434 holds a position that may influence authority decisions may not 435 engage in any relationship that may adversely affect his or her 436 judgment in carrying out authority business. The following 437 disclosures must be made annually on a disclosure form to 438 prevent such conflicts of interest and preserve the integrity 439 and transparency of the authority to the public: 440 (a) Any relationship a board member, employee, or 441 consultant has which affords a current or future financial 442 benefit to such board member, employee, or consultant, or to a 443 relative or business associate of such board member, employee, 444 or consultant, and which a reasonable person would conclude has 445 the potential to create a prohibited conflict of interest. 446 (b) Whether a relative of such board member, employee, or 447 consultant is a registered lobbyist and, if so, the names of 448 such lobbyist’s clients. Such names shall be provided in writing 449 to the ethics officer. 450 (c) All interests in real property that such board member, 451 employee, or consultant has, or that a relative, principal, 452 client, or business associate of such board member, employee, or 453 consultant has, if such real property is located within, or 454 within a 1/2-mile radius of, any actual or prospective authority 455 roadway project. The executive director shall provide a corridor 456 map and a property ownership list reflecting the ownership of 457 all real property within the disclosure area, or an alignment 458 map with a list of associated owners, to all board member, 459 employees, and consultants. 460 (8) The disclosure forms filed as required under subsection 461 (7) must be reviewed by the ethics officer or, if a form is 462 filed by the general counsel, by the executive director. 463 (9) The conflict of interest process shall be outlined in 464 the authority’s code of ethics. 465 (10) Authority employees and consultants may not serve on 466 the governing body of the authority while employed by or under 467 contract with the authority. 468 (11) The code of ethics policy shall be reviewed and 469 updated by the ethics officer and presented for board approval 470 at least once every 2 years. 471 (12) Employees shall be adequately informed and trained on 472 the code of ethics and shall continually participate in ongoing 473 ethics education. 474 Section 6. Section 348.9952, Florida Statutes, is amended 475 to read: 476 348.9952 Osceola County Expressway Authority.— 477 (1) There is created a body politic and corporate, an 478 agency of the state, to be known as the Osceola County 479 Expressway Authority. 480 (2)(a) The governing body of the authority shall consist of 481 six members. Five members, at least one of whom must be a member 482 of a racial or ethnic minority group, must be residents of 483 Osceola County, three of whom shall be appointed by the 484 governing body of the county and two of whom shall be appointed 485 by the Governor. The sixth member shall be the district 486 secretary of the department serving in the district that 487 includes Osceola County, who shall serve as an ex officio, 488 nonvoting member. The term of each appointed member shall be for 489 4 years, except that the first term of the initial members 490 appointed by the Governor shall be 2 years each. Each appointed 491 member shall hold office until his or her successor has been 492 appointed and has qualified. A vacancy occurring during a term 493 shall be filled only for the balance of the unexpired term. Each 494 appointed member of the authority shall be a person of 495 outstanding reputation for integrity, responsibility, and 496 business ability, but a person who is an officer or employee of 497 any municipality or of Osceola County in any other capacity may 498 not be an appointed member of the authority. A member of the 499 authority is eligible for reappointment. 500 (b) A member of the authority appointed by the governing 501 board of the county or appointed by the Governor may not serve 502 as a member of any other transportation-related board, 503 commission, or organization with audit oversight of the 504 authority while serving as a member of the authority. 505 (c) A lobbyist, as defined in s. 112.3215, may not be 506 appointed or serve as a member of the authority. 507 (d)(b)Members of the authority may be removed from office 508 by the Governor for misconduct, malfeasance, misfeasance, or 509 nonfeasance in office. 510 (e) Members of the authority may receive reimbursement from 511 the authority for travel and other necessary expenses incurred 512 in connection with the business of the authority as provided in 513 s. 112.061, but may not draw salaries or other compensation. 514 (3)(a) The authority shall elect one of its members as 515 chair. The authority shall also elect a secretary and a 516 treasurer, who may be members of the authority. The chair, 517 secretary, and treasurer shall hold such offices at the will of 518 the authority. 519 (b) Three members of the authority constitute a quorum, and 520 the vote of three members is necessary for any action taken by 521 the authority. A vacancy in the authority does not impair the 522 right of a quorum of the authority to exercise all of the rights 523 and perform all of the duties of the authority. 524 (4)(a) The authority may employ an executive secretary, an 525 executive director, its own counsel and legal staff, technical 526 experts, engineers, and other employees, permanent or temporary, 527 as it may require, and may determine the qualifications and fix 528 the compensation of such persons, firms, or corporations. 529 Additionally, the authority may employ a fiscal agent or agents. 530 However, the authority shall solicit sealed proposals from at 531 least three persons, firms, or corporations for the performance 532 of any services as fiscal agents. The authority may delegate to 533 one or more of its agents or employees such of its power as it 534 deems necessary to carry out the purposes of this part, subject 535 always to the supervision and control of the authority. 536(b) Members of the authority are entitled to receive from537the authority their travel and other necessary expenses incurred538in connection with the business of the authority as provided in539s. 112.061, but members shall not draw salaries or other540compensation.541 (b)(c)The department is not required to grant funds for 542 startup costs to the authority. However, the governing body of 543 the county may provide funds for such startup costs. 544 (c)(d)The authority shall cooperate with and participate 545 in any efforts to establish a regional expressway authority. 546 (d)(e)Notwithstanding any other provision of law, 547 including s. 339.175(3), the authority is not entitled to voting 548 membership in a metropolitan planning organization in which 549 Osceola County, or any of the municipalities therein, are also 550 voting members. 551 (5)(a) A member or the executive director of the authority 552 may not: 553 1. Within 2 years after vacating his or her position as a 554 board member or the executive director, personally represent 555 another person or entity for compensation before the authority; 556 2. After vacating his or her position as a board member or 557 the executive director, have an employment or contractual 558 relationship with a business entity other than an agency, as 559 defined in s. 112.312, in connection with a contract in which 560 the member or executive director personally and substantially 561 participated through decision, approval, disapproval, 562 recommendation, rendering of advice, or investigation while he 563 or she was a member or employee of the authority. 564 (b) A violation of this subsection is punishable in 565 accordance with s. 112.317. 566 (6) The authority’s general counsel shall serve as the 567 authority’s ethics officer. 568 (7) An authority board member, employee, or consultant who 569 holds a position that may influence authority decisions may not 570 engage in any relationship that may adversely affect his or her 571 judgment in carrying out authority business. The following 572 disclosures must be made annually on a disclosure form to 573 prevent such conflicts of interest and preserve the integrity 574 and transparency of the authority to the public: 575 (a) Any relationship a board member, employee, or 576 consultant has which affords a current or future financial 577 benefit to such board member, employee, or consultant, or to a 578 relative or business associate of such board member, employee, 579 or consultant, and which a reasonable person would conclude has 580 the potential to create a prohibited conflict of interest. 581 (b) Whether a relative of such board member, employee, or 582 consultant is a registered lobbyist and, if so, the names of 583 such lobbyist’s clients. Such names shall be provided in writing 584 to the ethics officer. 585 (c) Any and all interests in real property that such board 586 member, employee, or consultant has, or that a relative, 587 principal, client, or business associate of such board member, 588 employee, or consultant has, if such real property is located 589 within, or within a 1/2-mile radius of, any actual or 590 prospective authority roadway project. The executive director 591 shall provide a corridor map and a property ownership list 592 reflecting the ownership of all real property within the 593 disclosure area, or an alignment map with a list of associated 594 owners, to all board member, employees, and consultants. 595 (8) The disclosure forms filed as required under subsection 596 (7) must be reviewed by the ethics officer or, if a form is 597 filed by the general counsel, by the executive director. 598 (9) The conflict of interest process shall be outlined in 599 the authority’s code of ethics. 600 (10) Authority employees and consultants may not serve on 601 the governing body of the authority while employed by or under 602 contract with the authority. 603 (11) The code of ethics policy shall be reviewed and 604 updated by the ethics officer and presented for board approval 605 at least once every 2 years. 606 (12) Employees shall be adequately informed and trained on 607 the code of ethics and shall continually participate in ongoing 608 ethics education. 609 Section 7. Subsection (6) of section 343.1003, Florida 610 Statutes, is amended to read: 611 343.1003 Northeast Florida Regional Transportation 612 Commission.— 613 (6) Notwithstanding s. 348.0003(2)(i)348.0003(4)(c), 614 members of the board shall file a statement of financial 615 interest with the Commission on Ethics pursuant to s. 112.3145. 616 Section 8. This act shall take effect July 1, 2014. 617 618 ================= T I T L E A M E N D M E N T ================ 619 And the title is amended as follows: 620 Delete everything before the enacting clause 621 and insert: 622 A bill to be entitled 623 An act relating to expressway authorities; amending s. 624 348.0003, F.S.; revising requirements relating to 625 expressway authority membership in specified counties; 626 requiring members of each expressway authority, 627 transportation authority, bridge authority, or toll 628 authority to comply with specified financial 629 disclosure requirements; prohibiting certain 630 activities by authority board members and executive 631 directors during and after membership or employment; 632 prohibiting certain activities and providing a 633 penalty; specifying who may serve as an ethics 634 officer; requiring disclosure of certain relationships 635 and interests; prohibiting employees and consultants 636 from membership on a board; providing for a code of 637 ethics policy; amending ss. 348.52, 348.753, and 638 348.9952, F.S., relating to the Tampa-Hillsborough 639 County Expressway Authority, the Orlando-Orange County 640 Expressway Authority, and the Osceola County 641 Expressway Authority, respectively; prohibiting 642 certain activities by authority board members and 643 executive directors during and after membership or 644 employment; providing a penalty; specifying who may 645 serve as an ethics officer; requiring disclosure of 646 certain relationships and interests; prohibiting 647 employees and consultants from membership on a board; 648 providing for a code of ethics policy; amending s. 649 348.53, F.S.; revising the Legislative declaration of 650 the Tampa-Hillsborough County Expressway Authority’s 651 purposes for the benefit of the people to include 652 managed lanes; amending s. 348.54, F.S.; authorizing 653 the Tampa-Hillsborough County Expressway Authority to 654 construct, operate, and maintain certain 655 transportation facilities within the jurisdictional 656 boundaries of a consenting county contiguous to 657 Hillsborough County, together with the right to 658 construct, operate, and maintain facilities and 659 electronic toll payment systems thereon or incidental 660 thereto; amending s. 343.1003, F.S.; conforming a 661 cross-reference; providing an effective date.