Bill Text: FL S0772 | 2014 | Regular Session | Comm Sub
Bill Title: Expressway Authorities
Spectrum: Bipartisan Bill
Status: (Failed) 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-Comm_Sub.html
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 ofto the contrary in71 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 an144authority may be removed from office by the Governor for145misconduct, malfeasance, misfeasance, or nonfeasance in office.146(b) Members of an authority are entitled to receive from147the authority their travel and other necessary expenses incurred148in connection with the business of the authority as provided in149s. 112.061, but they may not draw salaries or other150compensation.151(c) Members of each expressway authority, transportation152authority, bridge authority, or toll authority, created pursuant153to this chapter, chapter 343, or any other general law, shall154comply with the applicable financial disclosure requirements of155s. 8, Art. II of the State Constitution. This paragraph does not156subject any statutorily created authority, other than an157expressway authority created under this part, to any other158requirement of this part except the requirement of this159paragraph.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. 2363. The Governor shall have the authority to remove from237office any such member of the governing body in the manner and238for 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 to273compensation but shall be entitled to receive their travel and274other 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 the293authority may be removed from their office by the Governor for294misconduct, 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 be446removed from their office by the Governor for misconduct,447malfeasance, misfeasance, or nonfeasance in office.448(b) Members of the authority shall be entitled to receive449from the authority their travel and other necessary expenses450incurred in connection with the business of the authority as451provided in s. 112.061, but they shall draw no salaries or other452compensation.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 from574the authority their travel and other necessary expenses incurred575in connection with the business of the authority as provided in576s. 112.061, but members shall not draw salaries or other577compensation.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.