Bill Text: FL S1870 | 2018 | Regular Session | Introduced
Bill Title: Privatized Governmental Functions
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Ethics and Elections [S1870 Detail]
Download: Florida-2018-S1870-Introduced.html
Florida Senate - 2018 SB 1870 By Senator Rodriguez 37-00307-18 20181870__ 1 A bill to be entitled 2 An act relating to privatized governmental functions; 3 amending ss. 394.9082, 409.987, and 430.2053, F.S.; 4 providing that certain individuals involved in the 5 management of behavioral health managing entities, 6 community-based care lead agencies, and aging resource 7 centers, respectively, are subject to part III of ch. 8 112, F.S.; providing penalties; prohibiting such 9 individuals from voting on any measure that may inure 10 to their private gain or loss or to private gain or 11 loss of other specified entities or persons; requiring 12 such individuals to make certain disclosures; 13 prohibiting such individuals from accepting gifts or 14 expenditures from a person or entity that is under 15 consideration for a contract or from certain 16 individuals who have contractual relationships with 17 the managing entity, lead agency, or aging resource 18 center; providing penalties; prohibiting certain 19 senior managers previously employed by a managing 20 entity, lead agency, or aging resource center from 21 representing another person or entity before the 22 entity, agency, or center for 2 years after retirement 23 or termination of employment; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Paragraph (a) of subsection (5) of section 29 394.9082, Florida Statutes, is amended to read: 30 394.9082 Behavioral health managing entities.— 31 (5) MANAGING ENTITY DUTIES.—A managing entity shall: 32 (a) Maintain a governing board or, if a managed behavioral 33 health organization, an advisory board as provided in paragraph 34 (4)(c) or paragraph (4)(d), respectively. 35 1. The officers, partners, or members of the board of 36 directors of the entity, or the chief executive officer or 37 members if organized as a limited liability company, are subject 38 to part III of chapter 112, including, but not limited to, the 39 code of ethics and the public disclosure and reporting of 40 financial interests under s. 112.3145. For purposes of applying 41 part III of chapter 112 to activities of the officers, partners, 42 or members of the board of directors of the entity, or the chief 43 executive officer or members if organized as a limited liability 44 company, those persons shall be considered public officers or 45 employees, and the managing entity shall be considered their 46 agency as defined in s. 112.312. An officer, partner, or member 47 of the board of directors of the entity, or a chief executive 48 officer or member if organized as a limited liability company, 49 who fails to comply with this subparagraph is subject to 50 penalties provided under ss. 112.317 and 112.3173. 51 2. Notwithstanding s. 112.3143(2), a board member may not 52 vote on any measure that would inure to his or her special 53 private gain or loss; that he or she knows would inure to the 54 special private gain or loss of any principal by whom he or she 55 is retained or to the parent organization or subsidiary of a 56 corporate principal by which he or she is retained, other than 57 an agency as defined in s. 112.312; or that he or she knows 58 would inure to the special private gain or loss of a relative or 59 business associate of the board member. Before a vote is taken, 60 such member shall publicly state to the assembly the nature of 61 his or her interest in the matter from which he or she is 62 abstaining from voting and, within 15 days after the vote, 63 disclose the nature of his or her interest as a public record in 64 a memorandum filed with the person responsible for recording the 65 minutes of the meeting, who shall incorporate the memorandum in 66 the minutes. The officers, partners, members of the board of 67 directors, or, if organized as a limited liability company, 68 members of the company, and chief executive officer of a 69 managing entity are also required to file such disclosures with 70 the Commission on Ethics. The executive director of the managing 71 entity or his or her designee shall notify each existing and 72 newly appointed officer, partner, member of the board of 73 directors, or, if organized as a limited liability company, 74 member of the company, of a managing entity of his or her duty 75 to comply with the reporting requirements of part III of chapter 76 112. 77 3. Notwithstanding s. 112.3148, s. 112.3149, or any other 78 provision of law, the officers, partners, members of the board 79 of directors, or, if organized as a limited liability company, 80 members of the company, and chief executive officer of a 81 managing entity may not knowingly accept, directly or 82 indirectly, any gift or expenditure from a person or entity, or 83 an employee or representative of such person or entity, which 84 has a contractual relationship with the managing entity or which 85 is under consideration for a contract. An officer, partner, or 86 member of the board of directors of the managing entity, or a 87 chief executive officer or member if organized as a limited 88 liability company, who fails to comply with this subparagraph is 89 subject to penalties provided under ss. 112.317 and 112.3173. 90 4. A senior manager of a managing entity who was employed 91 on or after January 1, 2007, who subsequently retires or 92 terminates that employment may not represent another person or 93 another entity before the managing entity for 2 years after 94 retirement or termination of employment. 95 Section 2. Subsection (4) of section 409.987, Florida 96 Statutes, is amended to read: 97 409.987 Lead agency procurement.— 98 (4)(a) In order to serve as a lead agency, an entity must: 99 1.(a)Be organized as a Florida corporation or a 100 governmental entity. 101 2.(b)Be governed by a board of directors or a board 102 committee composed of board members. The membership of the board 103 of directors or board committee must be described in the bylaws 104 or articles of incorporation of each lead agency, which must 105 provide that at least 75 percent of the membership of the board 106 of directors or board committee must consist of persons residing 107 in this state, and at least 51 percent of the state residents on 108 the board of directors must reside within the service area of 109 the lead agency. However, for procurements of lead agency 110 contracts initiated on or after July 1, 2014: 111 a.1.At least 75 percent of the membership of the board of 112 directors must consist of persons residing in this state, and at 113 least 51 percent of the membership of the board of directors 114 must consist of persons residing within the service area of the 115 lead agency. If a board committee governs the lead agency, 100 116 percent of its membership must consist of persons residing 117 within the service area of the lead agency. 118 b.2.The powers of the board of directors or board 119 committee include, but are not limited to, approving the lead 120 agency’s budget and setting the lead agency’s operational policy 121 and procedures. A board of directors must additionally have the 122 power to hire the lead agency’s executive director, unless a 123 board committee governs the lead agency, in which case the board 124 committee must have the power to confirm the selection of the 125 lead agency’s executive director. 126 3.(c)Demonstrate financial responsibility through an 127 organized plan for regular fiscal audits and the posting of a 128 performance bond. 129 (b) The officers, partners, or members of the board of 130 directors of the lead agency, or the chief executive officer or 131 members if organized as a limited liability company, are subject 132 to part III of chapter 112, including, but not limited to, the 133 code of ethics and the public disclosure and reporting of 134 financial interests under s. 112.3145. For purposes of applying 135 part III of chapter 112 to activities of the officers, partners, 136 or members of the board of directors of the entity, or the chief 137 executive officer or members if organized as a limited liability 138 company, those persons shall be considered public officers or 139 employees, and the lead agency shall be considered their agency 140 as defined in s. 112.312. An officer, partner, or member of the 141 board of directors of the lead agency, or a chief executive 142 officer or member if organized as a limited liability company, 143 who fails to comply with this paragraph is subject to penalties 144 provided under ss. 112.317 and 112.3173. 145 (c) Notwithstanding s. 112.3143(2), a board member may not 146 vote on any measure that would inure to his or her special 147 private gain or loss; that he or she knows would inure to the 148 special private gain or loss of any principal by whom he or she 149 is retained or to the parent organization or subsidiary of a 150 corporate principal by which he or she is retained, other than 151 an agency as defined in s. 112.312; or that he or she knows 152 would inure to the special private gain or loss of a relative or 153 business associate of the board member. Before a vote is taken, 154 such member shall publicly state to the assembly the nature of 155 his or her interest in the matter from which he or she is 156 abstaining from voting and, within 15 days after the vote, 157 disclose the nature of his or her interest as a public record in 158 a memorandum filed with the person responsible for recording the 159 minutes of the meeting, who shall incorporate the memorandum in 160 the minutes. The officers, partners, members of the board of 161 directors, or, if organized as a limited liability company, 162 members of the company, and chief executive officer of a lead 163 agency are also required to file such disclosures with the 164 Commission on Ethics. The executive director of the lead agency 165 or his or her designee shall notify each existing and newly 166 appointed officer, partner, member of the board of directors, 167 or, if organized as a limited liability company, member of the 168 company, of a lead agency of his or her duty to comply with the 169 reporting requirements of part III of chapter 112. 170 (d) Notwithstanding s. 112.3148, s. 112.3149, or any other 171 provision of law, the officers, partners, members of the board 172 of directors, or, if organized as a limited liability company, 173 members of the company, and chief executive officer of a lead 174 agency may not knowingly accept, directly or indirectly, any 175 gift or expenditure from a person or entity, or an employee or 176 representative of such person or entity, which has a contractual 177 relationship with the lead agency or which is under 178 consideration for a contract. An officer, partner, or member of 179 the board of directors of the lead agency, or a chief executive 180 officer or member if organized as a limited liability company, 181 who fails to comply with this paragraph is subject to penalties 182 provided under ss. 112.317 and 112.3173. 183 (e) A senior manager of a community-based care lead agency 184 who was employed on or after January 1, 2007, who subsequently 185 retires or terminates that employment may not represent another 186 person or another entity before the community-based care lead 187 agency for 2 years after retirement or termination of 188 employment. 189 Section 3. Subsection (5) of section 430.2053, Florida 190 Statutes, is amended to read: 191 430.2053 Aging resource centers.— 192 (5) The aging resource center shall have a governing body 193 which shall be the same entity described in s. 20.41(7), and an 194 executive director who may be the same person as described in s. 195 20.41(7). The governing body shall annually evaluate the 196 performance of the executive director. 197 (a) The officers, partners, or members of the board of 198 directors of an aging resource center, or the chief executive 199 officer or members if organized as a limited liability company, 200 are subject to part III of chapter 112, including, but not 201 limited to, the code of ethics and the public disclosure and 202 reporting of financial interests under s. 112.3145. For purposes 203 of applying part III of chapter 112 to activities of the 204 officers, partners, or members of the board of directors of the 205 entity, or the chief executive officer or members if organized 206 as a limited liability company, those persons shall be 207 considered public officers or employees, and the aging resource 208 center shall be considered their agency as defined in s. 209 112.312. An officer, partner, or member of the board of 210 directors of the aging resource center, or a chief executive 211 officer or member if organized as a limited liability company, 212 who fails to comply with this paragraph is subject to penalties 213 provided under ss. 112.317 and 112.3173. 214 (b) Notwithstanding s. 112.3143(2), a board member may not 215 vote on any measure that would inure to his or her special 216 private gain or loss; that he or she knows would inure to the 217 special private gain or loss of any principal by whom he or she 218 is retained or to the parent organization or subsidiary of a 219 corporate principal by which he or she is retained, other than 220 an agency as defined in s. 112.312; or that he or she knows 221 would inure to the special private gain or loss of a relative or 222 business associate of the public officer. Before a vote is 223 taken, such member shall publicly state to the assembly the 224 nature of his or her interest in the matter from which he or she 225 is abstaining from voting and, within 15 days after the vote, 226 disclose the nature of his or her interest as a public record in 227 a memorandum filed with the person responsible for recording the 228 minutes of the meeting, who shall incorporate the memorandum in 229 the minutes. The officers, partners, members of the board of 230 directors, or, if organized as a limited liability company, 231 members of the company, and chief executive officer of an aging 232 resource center are also required to file such disclosures with 233 the Commission on Ethics. The executive director of the aging 234 resource center or his or her designee shall notify each 235 existing and newly appointed officer, partner, member of the 236 board of directors, or, if organized as a limited liability 237 company, member of the company, of an aging resource center of 238 their duty to comply with the reporting requirements of part III 239 of chapter 112. 240 (c) Notwithstanding s. 112.3148, s. 112.3149, or any other 241 provision of law, the officers, partners, members of the board 242 of directors, or, if organized as a limited liability company, 243 members of the company, and chief executive officer of an aging 244 resource center may not knowingly accept, directly or 245 indirectly, any gift or expenditure from a person or entity, or 246 an employee or representative of such person or entity, which 247 has a contractual relationship with the aging resource center or 248 which is under consideration for a contract. An officer, 249 partner, or member of the board of directors of the aging 250 resource center, or a chief executive officer or member if 251 organized as a limited liability company, who fails to comply 252 with this paragraph is subject to penalties provided under ss. 253 112.317 and 112.3173. 254 (d) A senior manager of an aging resource center who was 255 employed on or after January 1, 2007, who subsequently retires 256 or terminates that employment may not represent another person 257 or another entity before the aging resource center for 2 years 258 after retirement or termination of employment. 259 Section 4. This act shall take effect July 1, 2018.