Florida Senate - 2023 SB By Senator Davis 5-00997A-23 20231646__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to commercial service airport transparency and accountability; amending s. 332.0075, 3 F.S.; defining the term “consent agenda”; revising information required to be posted on the website of a governing body; requiring a commercial service airport to use specified competitive solicitation processes for certain purchases of commodities or contractual services; revising the amount of a contract that a governing body may not approve, award, or ratify as part of a consent agenda; providing an effective date. 11

Be It Enacted by the Legislature of the State of Florida: 13

Section 1. Present paragraphs

(

b) and

(

c) of subsection (1) 15 of

section 332.0075, Florida Statutes, are redesignated as paragraphs

(

c) and (d), respectively, a new paragraph

(

b) is added to that subsection, and paragraphs

(

d) and

(

f) of subsection (2) and subsection (3) of that

section are amended, 19 to read: 20 332.0075 Commercial service airports; transparency and accountability; penalty.— 22

(1) As used in this section, the term: 23

(b) “Consent agenda” means an agenda that consists of items voted on as a group and that does not provide the opportunity for public comment on each individual item before approval or disapproval by the governing body. 27

(2) Each governing body shall establish and maintain a website to post information relating to the operation of a Florida Senate - 2023 SB 1646 5-00997A-23 20231646__ CODING: Words stricken are deletions; words underlined are additions. commercial service airport, including: 30

(

d) A link to the airport master plan for the commercial service airport on the commercial service airport’s Federal Aviation Administration’s website. 33

(

f) Any contract or contract amendment for the purchase of commodities or contractual services executed by or on behalf of the commercial service airport in excess of the threshold amount provided in s. 287.017 for CATEGORY FIVE THREE, which must shall be posted no later than business days after the commercial service airport executes the contract or contract amendment. 39 However, a contract or contract amendment may not reveal information made confidential or exempt by law. Each commercial service airport shall must redact confidential or exempt information from each contract or contract amendment before posting a copy on its website. 44 (3)(

a) Notwithstanding any other provision of law to the contrary, commercial service airports shall use competitive solicitation processes consistent with are subject to the requirements of s. 287.057

chapter for purchases of commodities or contractual services which exceed the threshold amount provided in s. 287.017 for CATEGORY FIVE THREE.

If the purchase of commodities or contractual services exceeds the threshold amount provided in s. 287.017 for CATEGORY FIVE THREE, 52 the purchase of commodities or contractual services may not be made without receiving competitive sealed bids, competitive sealed proposals, or competitive sealed replies unless an exception consistent with an exception applies as provided in s. 56 287.057(3) applies or an immediate danger to the public health, 57 safety, or welfare or other substantial loss to the commercial Florida Senate - 2023 SB 1646 5-00997A-23 20231646__ CODING: Words stricken are deletions; words underlined are additions. service airport requires emergency action. 59

(

b) A governing body must approve, award, or ratify all contracts for commodities or contractual services executed by or on behalf of a commercial service airport in excess of $4 million the threshold amount provided in s. 287.017 for CATEGORY FIVE as a separate line item on the agenda and must provide a reasonable opportunity for public comment. Such contracts may not be approved, awarded, or ratified as part of a consent agenda. 67

Section 2. This act shall take effect July 1, 2023. 68