Transportation & Infrastructure Subcommittee: Committee Meeting Notice, January 15, 2020

Summary

A meeting packet for the Transportation & Infrastructure Subcommittee meeting on Wednesday, January 15, 2020, 1:00 PM to 3:00 PM at Reed Hall, with Brad Drake as Chair. It contains the committee meeting notice listing HB 915, Commercial Service Airports, by Avila and PCS for HB 551, Transportation Disadvantaged, and the staff analysis of HB 915. The analysis says the bill requires the Auditor General, at least once every five years, to conduct operational and financial audits of large-hub commercial service airports, and says it may have an indeterminate negative fiscal impact on the state and local governments. The packet closes with part of the text of PCS for HB 551, which provides an effective date of July 1, 2020.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Transportation & Infrastructure Subcommittee: Committee Meeting Notice, January 15, 2020.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-15-3014-transportation-infrastructure-subcommittee-meeting-pac-ca4b1da3d2/, SHA-256 90448df16f33316ff76faf26b1e2b23a0fe5a439bf0a211997bb5d3f94cc8134.

Full text

Transportation & Infrastructure
Subcommittee
Wednesday, January 15, 2020
1:00 PM – 3:00 PM
Reed Hall (102 HOB)

Jose R. Oliva Brad Drake
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Transportation & Infrastructure Subcommittee

Start Date and Time: Wednesday, January 15, 2020 01:00 pm

End Date and Time: Wednesday, January 15, 2020 03:00 pm

Location: Reed Hall (102 HOB)
Duration: 2.00 hrs

Consideration of the following bill(s):

HB 915 Commercial Service Airports by Avila

Consideration of the following proposed committee substitute(s):

PCS for HB 551 -- Transportation Disadvantaged

NOTICE FINALIZED on 01/13/2020 4:02PM by Denson.Tori

01/13/2020 4:02:25PM Leagis ® Page 1 of 1
HB 915
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 915 Commercial Service Airports
SPONSOR(S): Avila
TIED BILLS: IDEN./SIM. BILLS: SB 1258

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Transportation & Infrastructure Subcommittee Johnson Vickers

2) Transportation & Tourism Appropriations
Subcommittee

3) State Affairs Committee

SUMMARY ANALYSIS
Florida is home to 20 commercial service airports, four of which are considered large-hub airports. The state’s
commercial service airports serve as critical economic engines with an annual economic impact of $144 billion.
Florida’s commercial service airports operate under either a government department model (where the airport
operates as a department of county or municipal government) or an airport authority model (where an airport
authority is created as either an independent or a dependent special district). Because airports are generally
governed and subsumed as part of local governments, state law currently provides for limited oversight and
accountability.

The bill includes a number of provisions to enhance transparency and accountability for commercial service
airports, including large-hub commercial service airports. The bill requires the Auditor General, at least once
every five years, to conduct operational and financial audits of the state’s large-hub commercial service
airports. The bill also requires the members of the governing bodies of large-hub commercial service airports to
submit the more detailed financial disclosure (Form 6) to the Commission on Ethics.

The bill requires the governing body of each commercial service airport to establish and maintain a website
containing specified information, including meeting notices, agendas, approved budgets, and certain
documents submitted to the Federal Aviation Administration. The bill reiterates that members of the governing
body and employees of commercial service airports are subject to the Code of Ethics for Public Officers and
Employees, and requires annual ethics training for members of the governing body.

The bill requires commercial service airports to submit specified information to the Department of
Transportation (DOT) and requires DOT to annually submit a report to the Governor and the Legislature.

Finally, the bill prohibits DOT from expending funds allocated to a commercial service airport, unless the funds
are pledged for debt service, until a commercial service airport demonstrates compliance with the transparency
and accountability provisions of the bill.

The bill may have an indeterminate negative fiscal impact on the state and local governments. See Fiscal
Analysis for details.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 1/13/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Florida is home to 20 commercial service airports and 109 general aviation airports.1 Additionally, there
are hundreds of small private airports. Commercial service airports are publicly-owned airports that
have at least 2,500 passenger boardings each year and receive scheduled passenger service. General
aviation airports are airports that do not have scheduled service or have less than 2,500 passenger
boardings each year.2

Florida’s commercial service airports range in size from large-hub airports3 with over 20 million annual
passenger boardings to small municipal airports with approximately 10,000 annual passenger
boardings.4 Commercial service airports in Florida support approximately 1.1 million jobs, have a total
annual payroll of approximately $47.3 billion, and a total annual economic impact of approximately
$144 billion.5

Airport Oversight and Funding
The Federal Aviation Administration (FAA) is responsible for planning and developing a safe and
efficient national airport system, including all programs related to airport safety and inspections and
standards for airport design, construction, and operation. Federal law requires each commercial service
airport to operate under a federal certificate and comply with federal aviation requirements. The FAA is
responsible for national airport planning and environmental and social requirements and establishes
policies related to airport rates and charges, compliance with grant assurances, and airport
privatization.6

In Florida, the Department of Transportation (DOT) is responsible for planning airport systems and
overseeing the public airport system.7 The owner or lessee of a proposed public airport8 must receive
DOT approval before site acquisition, construction, or establishment of a public airport facility.9 DOT is
also responsible for licensing public airport facilities prior to the operation of aircraft to or from the
facility and must inspect such facilities prior to licensing or license renewal.10 Current law authorizes
local governments to establish and operate airports11 and governs airport zoning and land use issues.12

Neither state law nor federal law establish requirements for airport governance or ownership. As such,
Florida airports operate under either a government department model (where the airport operates as a
department of the local government) or an airport authority model (where the airport authority is created

1
Florida Department of Transportation, Florida Aviation System Plan Introduction. Available at:
https://www.fdot.gov/aviation/FASP2035 (Last visited Jan. 13, 2020).
2
49 U.S.C. § 47102.
3
A subsection of commercial airports are large-hub airports. Large-hub airports are commercial service airports that have at least 1
percent of the passenger boardings in the United States.
4
FAA, Commercial Service Airports, Rank Order based on calendar year 2018, Oct. 9, 2019. (Copy on file with Transportation &
Infrastructure Subcommittee).
5
Florida Department of Transportation, Florida Statewide Aviation Economic Impact Study, March 2019. Executive Summary.
Available at: https://www.fdot.gov/aviation/economicimpact.shtm (Last visited Jan. 13, 2019).
6
Federal Aviation Administration website, Airports: Available at: https://www.faa.gov/about/office_org/headquarters_offices/arp/
(Last visited Jan. 13, 2020).
7
Section 332.001, F.S.
8
Section 330.27(6), F.S. For purposes of DOT approval and licensure, the term “public airport” means a publicly or privately owned
airport for public use.
9
Section 330.30(1), F.S.
10
Section 330.30(2), F.S.
11
See chapter 332, F.S.
12
See chapter 333, F.S.
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as either an independent or a dependent special district). Because airports are generally governed and
subsumed as part of local governments, state law provides for very little oversight and accountability.

DOT’s work program identifies aviation development projects and discretionary capacity improvement
projects. To the maximum extent possible, DOT’s work program must remain consistent with the
Florida Aviation System Plan and any approved and applicable local government comprehensive plans.
DOT’s work program also includes any project with funds administered by DOT, but undertaken and
implemented by the airport operator. DOT’s aviation program provides assistance to airports in the
areas of access, economic enhancement, development, improvement, and land acquisition in the way
of matching funds. These matching funds assist local governments and airport authorities in planning,
designing, purchasing, constructing, and maintaining public use aviation facilities.13

For commercial service airports, DOT may provide up to 50 percent of the non-federal share if federal
funding is available and up to 50 percent of the total project costs if federal funding is not available.14
For Fiscal Year 2019-2020, DOT was appropriated $266 million from the State Transportation Trust
Fund for Aviation Development Grants,15 available to both commercial service airports and general
aviation airports.16

Auditor General
The position of the Auditor General is established by Art. II, s. 2 of the State Constitution.17 The Auditor
General is appointed to office to serve at the pleasure of the Legislature, by a majority vote of the
members of the Joint Legislative Auditing Committee, subject to confirmation by both houses of the
Legislature.18 The Auditor General must conduct audits, examinations, or reviews of government
programs as well as audit the accounts of state agencies, state universities, state colleges, district
school boards, and others as directed by the Joint Legislative Auditing Committee.19 The Auditor
General conducts operational and performance audits on public records and information technology
systems and reviews all audit reports of local governmental entities, charter schools, and charter
technical career centers.20

A financial audit is an examination of financial statements in order to express an opinion on the fairness
with which they are presented in conformity with generally accepted accounting principles and an
examination to determine whether operations are properly conducted in accordance with legal and
regulatory requirements.21 An operational audit is an audit whose purpose is to evaluate management’s
performance in establishing and maintaining internal controls, including controls designed to prevent
and detect fraud, waste, and abuse, and in administering assigned responsibilities in accordance with
applicable laws, administrative rules, contracts, grant agreements, and other guidelines.22

In 2017, the Auditor General conducted an operational audit of Tampa International Airport’s 2012
Master Plan Capital Project.23 More recently, at its meeting on December 12, 2019, the Joint Legislative
Auditing Committee directed the Auditor General to perform a targeted operational audit of the Greater

13
Section 332.007(2), F.S.
14
DOT website, available at https://www.fdot.gov/aviation/workProgram.shtm (Last visited Jan. 13, 2020).
15
Chapter 2019-115, L.O.F., Specific Appropriation 1940.
16
Florida Department of Transportation, Fiscal Year 2020 Aviation Work Program, Available at:
https://fdotewp1.dot.state.fl.us/fmsupportapps/workprogram/Support/WPItemRept.ASPX?RF=WP&CT=I&FY=TRUE|FALSE|FALS
E|FALSE|FALSE|FALSE&RP=ITEM (Last visited Jan. 13, 2020)
17
Art. III, s. 2, Fla. Const.
18
Section 11.42(2), F.S.
19
Section 11.45(2)(d)-(f), F.S.
20
Section 11.45(7)(b), F.S.
21
Section 11.45(1)(d), F.S.
22
Section 11.45(1)(i), F.S.
23
Chapter 2017-70, L.O.F. This audit was provided for in proviso language to specific appropriation 1862 in the 2017 General
Appropriations Act.
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Orlando Aviation Authority.24 However, the Auditor General has not conducted financial and operational
audits of an entire airport’s operation.25

Financial Disclosures
Florida ethics laws provide for two tiers of financial disclosure for public officers, candidates for public
office, and certain public employees: a full and public disclosure of financial interests (Form 6) and a
statement of financial interests (Form 1).26 The Florida Commission on Ethics oversees the financial
disclosure filing process with the assistance of local qualifying officers.

Article 2, s. 8(a) of the State Constitution requires all elected constitutional officers and candidates for
such offices and, as may be determined by law, other public officers, candidates, and employees to file
a Form 6. Additionally, members of certain expressway authorities, transportation authorities, bridge
authorities, toll authorities, or expressway agencies are required to comply with these financial
disclosure requirements.27 Form 6 requires the filer to disclose his or her net worth and identify each
asset and liability in excess of $1,000 and its value together with either a copy of the person’s most
recent federal income tax return, or a sworn statement identifying each separate source and amount of
income exceeding $1,000.

Form 1 requires less detail than Form 6 and is filed by certain state and local officers not subject to the
full and public disclosure of financial interests, including local officers28 and specified state employees.
Form 1 requires filers to disclose their primary sources of income (other than from their public position),
secondary sources of income (in certain circumstances), real property in Florida (other than a
residence or vacation home in Florida), intangible personal property, liabilities, and interests in
specified businesses.29

Procurement
Chapter 287, F.S., provides statutory requirements for the procurement of goods and service by the
state. The Legislature recognizes that fair and open competition is a basic tenet of public procurement.
It is essential to the effective and ethical procurement of commodities and contractual services that
there be a system of uniform procedures utilized by state agencies in managing and procuring
commodities and contractual services, that detailed justification of agency decisions in the procurement
of commodities and contractual services be maintained, and that adherence by the agency and the
vendor to specific ethical considerations be required.30

Depending on the cost and characteristics of the needed goods or services, agencies may utilize a
variety of procurement methods, which include:31
 Single source contracts, which are used when an agency determines that only one vendor is
available to provide a commodity or service at the time of purchase;
 Invitations to bid, which are used when an agency determines that standard services or goods
will meet needs, wide competition is available, and the vendor’s experience will not greatly
influence the agency’s results;
 Requests for proposal, which are used when the procurement requirements allow for
consideration of various solutions and the agency believes more than two or three vendors exist
who can provide the required goods or services; and

24
Joint Legislative Auditing Committee, Meeting Summary, Dec. 12, 2019. (Copy on file with the Transportation & Infrastructure
Subcommittee).
25
Email from Bruce Jeroslow, General Council, Florida Auditor General, FW: HB 915-Auditor General Impact, Jan. 6, 2020. (Copy
on file with the Transportation & Infrastructure Subcommittee).
26
Sections 112.3144 and 112.3145, F.S.
27
Section 112.3144(1)(b), F.S.
28
Section 112.3145(1)(a), F.S., defines the term “local officer” to include every person who is elected to office in any political
subdivision of the state, and every person who is appointed to fill a vacancy for an unexpired term in such an elective office and any
appointed member of any of the following boards, councils, commissions, authorities, or other bodies of any county, municipality,
school district, independent special district, or other political subdivision of the state.
29
Section 112.3145(3), F.S.
30
Section 287.001, F.S.
31
See ss. 287.012(6) and 287.057, F.S.
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 Invitations to negotiate, which are used when negotiations are determined to be necessary to
obtain the best value and involve a request for highly complex, customized, mission-critical
services.

For contracts for commodities or services in excess of $35,000 (CATEGORY TWO), agencies must
utilize a competitive solicitation process;32 however, certain contractual services and commodities are
exempt from this requirement.33

Code of Ethics for Public Officers and Employees
Part III of Ch. 112, F.S., contains the Code of Ethics for Public Officers and Employees. The intent of
the code is to ensure that public officials conduct themselves independently and impartially, not using
their offices for private gain other than compensation provided by law.34 Included in the code are
provisions relating to doing business with one’s agency,35 conflicting employment or contractual
relationships,36 post-employment restrictions,37 and requirements for ethics training for specified
constitutional officers and elected municipal officers and commissioners.38

Effect of the Bill

The bill provides for additional transparency and accountability of commercial service airports, including
large-hub commercial service airports. The bill defines the term "commercial service airport" as a
publicly owned airport that has at least 2,500 passenger boardings each calendar year and receives
scheduled passenger service as reported by the FAA. The bill defines the term “large-hub commercial
service airport” as a publicly owned airport that has 1 percent or more of the annual passenger
boardings in the United States as reported by the FAA. Based on these definitions, there are 20
commercial service airports in Florida, including four large-hub commercial service airports: Orlando,
Miami, Fort Lauderdale, and Tampa international.

The bill requires the Auditor General, at least once every five years, to conduct an operational and
financial audit of each large-hub commercial service airport.

The bill requires each member of the governing body of a large-hub commercial service airport to
comply with the full and public disclosure of their financial interests contained in s. 8, Art. II of the State
Constitution (Form 6). Since the Miami and Fort Lauderdale airports are operated by Miami-Dade and
Broward counties, respectively, in which county commissions are already subject to the constitutional
financial disclosure requirements (Form 6), this provision only impacts the governing bodies of the
Orlando and Tampa airports, which are governed as independent special districts.

The bill requires the governing body39 of each commercial service airport to establish and maintain a
website to post information relating to the operation of such airport, including:
 All published notices of meetings and published meeting agendas for the governing body.
 The official minutes of each meeting of the governing body, which must be posted within three
business days after the date of the meeting in which the minutes are approved.
 The approved budget for the commercial service airport for the current fiscal year, which must
be posted on the website no later than seven days after the date of adoption. Budgets must
remain on the website for two years following the conclusion of the fiscal year.

32
Section 287.057(1), F.S., requires all projects that exceed the Category Two ($35,000) threshold contained in s. 287.017, F.S., to be
competitively bid.
33
See s. 287.057(3), F.S.
34
Florida Commission on Ethics, Guide to the Sunshine Amendment and the Code of Ethics for Public Employees. 2019, p.1.
Available at: http://www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf?cp=20191213 (Last visited Jan. 13,
2020).
35
Section 112.313(3), F.S.
36
Section 112.313(7), F.S.
37
Section 112.313(9), F.S.
38
Section 112.3142, F.S.
39
The bill defines the term “governing body” as the governing body of the municipality, county, or special district that operates a
commercial service airport.
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 All commercial service airport planning documents submitted to the FAA, which must be posted
upon submission to the FAA.
 All financial and statistical reports required to be submitted to the FAA, which must be posted
upon submission to the FAA.
 Any contract and contract amendment executed by or on behalf of the commercial service
airport in excess of $35,000,40 which must be posted on the website no later than seven days
before the governing body votes to approve the contract or contract amendment.
 Position and rate information for each employee of the commercial service airport, including, at
a minimum, the position title, position description, and annual salary or hourly salary rate of pay.

The bill provides that notwithstanding any other provision of law to the contrary, commercial service
airports are subject to the requirements of Ch. 287, F.S., relating to the procurement of personal
property and services.

All contracts executed by or on behalf of the commercial service airport in excess of $65,00041 must be
approved by the governing body of a commercial service airport as a separate line item on the meeting
agenda after a reasonable opportunity for public comment. Such contracts may not be approved as
part of a consent agenda.

The bill reiterates that members of the governing body and employees of a commercial service airport
are subject to the Code of Ethics for Public Officers and Employees.42

Beginning January 1, 2021, each member of the governing body of a commercial service airport must
complete four hours of ethics training each calendar year which addresses, at a minimum, s. 8, Art. II of
the State Constitution, relating to ethics in government; the Code of Ethics for Public Officers and
Employees; and the public records and public meetings laws. This requirement may be satisfied by
completion of a continuing legal education class or other continuing professional education class,
seminar, or presentation, if the required subject material is covered by the class.43

Beginning November 1, 2021, and each November 1 thereafter, each commercial service airport must
submit the following information to DOT:
 Its approved budget for the current fiscal year.
 Any financial reports submitted to the FAA during the previous calendar year.
 A link to the website for the commercial service airport.
 A statement that the commercial service airport has complied with Ch. 112, F.S., relating to the
Code of Ethics for Public Officers and Employees; Ch. 287, F.S., relating to procurement; and
the statutory provisions created in the bill. This statement must be verified as provided in
s. 92.525, F.S.

DOT must review the information submitted by each commercial service airport and each airport’s
website to determine the accuracy of the information reported. Beginning January 15, 2022, and each
January 15 thereafter, DOT must provide to the Governor, the President of the Senate, and the
Speaker of the House of Representatives a report summarizing commercial service airport compliance
with these oversight provisions.

DOT may not spend any funds allocated to a commercial service airport as contained in its work
program, unless pledged for debt service, until the commercial service airport demonstrates its
compliance with the requirements established in the bill.

B. SECTION DIRECTORY:
Section 1 amends s. 11.45, F.S., relating to the duties of the Auditor General.

40
This is the CATEGORY TWO purchasing threshold in s. 287.017, F.S.
41
This is the CATEGORY THREE purchasing threshold in s. 287.017, F.S.
42
Part III of Ch. 112, F.S.
43
This requirement is identical to the ethics training required for constitutional officers, elected municipal officers, and commissioners
of community redevelopment agencies contained in s. 112.3142(2), F.S.
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Section 2 amends s. 112.3144, F.S., relating to the full and public disclosure of financial interests.

Section 3 creates s. 332.0075, F.S., relating to commercial service airports.

Section 4 provides an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
This bill does not appear to impact state revenues.

2. Expenditures:
The Auditor General will incur expenditures associated with operational and financial audits of
large-hub commercial service airports; however, the Auditor General’s office cannot determine with
certainty the fiscal impact of this requirement.44

DOT may incur expenditures associated with reviewing information submitted by commercial
service airports and compiling that information into a report.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
This bill does not appear to impact local government revenues.

2. Expenditures:
Local government entities operating commercial service airports may incur expenditures associated
with compliance with the provisions of the bill; however, these expenditures are expected to be
minimal.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the State Constitution may apply
because the bill requires various transparency and accountability measures from commercial service
airports; however, an exemption may apply since it is expected to be an insignificant fiscal impact.

2. Other:
None

44
Email from Bruce Jeroslow, General Council, Florida Auditor General, FW: HB 915-Auditor General Impact, Jan. 6, 2020. (Copy
on file with the Transportation & Infrastructure Subcommittee).
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B. RULE-MAKING AUTHORITY:
This bill does not grant rulemaking authority, nor does it require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
Other Comments: Financial Disclosure
Section 2 of the bill requires members of the governing body of a large hub commercial service airport
to file more detailed financial disclosures. These disclosures are due each year by July 1, and the
effective date of the bill is July 1, 2020. For clarity, this may need to be amended to specify that this
requirement is effective for the filing due on July 1, 2021.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 915 2020

1 A bill to be entitled
2 An act relating to commercial service airports;
3 amending s. 11.45, F.S.; directing the Auditor General
4 to conduct specified audits of certain airports;
5 defining the term "large-hub commercial service
6 airport"; amending s. 112.3144, F.S.; requiring
7 members of the governing body of a large-hub
8 commercial service airport to comply with certain
9 financial disclosure requirements; defining the term
10 "large-hub commercial service airport"; creating s.
11 332.0075, F.S.; providing definitions; requiring the
12 governing body of a municipality, county, or special
13 district that operates a commercial service airport to
14 establish and maintain a website; requiring the
15 governing body to post certain information on the
16 website; requiring commercial service airports to
17 comply with certain contracting requirements;
18 providing approval requirements for certain contracts;
19 requiring governing body members and employees of a
20 commercial service airport to comply with certain
21 ethics requirements; requiring governing body members
22 to complete annual ethics training; requiring
23 commercial service airports to submit certain
24 information annually to the Department of
25 Transportation; requiring the department to review

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26 such information and submit an annual report to the
27 Governor and Legislature; prohibiting the expenditure
28 of certain funds unless specified conditions are met;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (m) is added to subsection (2) of
34 section 11.45, Florida Statutes, to read:
35 11.45 Definitions; duties; authorities; reports; rules.—
36 (2) DUTIES.—The Auditor General shall:
37 (m) At least once every 5 years, conduct an operational
38 and financial audit of each large-hub commercial service
39 airport. For purposes of this paragraph, the term "large-hub
40 commercial service airport" means a publicly owned airport that
41 has at least 1 percent of the annual passenger boardings in the
42 United States as reported by the Federal Aviation
43 Administration.
44
45 The Auditor General shall perform his or her duties
46 independently but under the general policies established by the
47 Legislative Auditing Committee. This subsection does not limit
48 the Auditor General's discretionary authority to conduct other
49 audits or engagements of governmental entities as authorized in
50 subsection (3).

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51 Section 2. Paragraph (c) is added to subsection (1) of
52 section 112.3144, Florida Statutes, to read:
53 112.3144 Full and public disclosure of financial
54 interests.—
55 (1)
56 (c) Each member of the governing body of a large-hub
57 commercial service airport shall comply with the applicable
58 financial disclosure requirements of s. 8, Art. II of the State
59 Constitution. For purposes of this paragraph, the term "large-
60 hub commercial service airport" means a publicly owned airport
61 that has at least 1 percent of the annual passenger boardings in
62 the United States as reported by the Federal Aviation
63 Administration.
64 Section 3. Section 332.0075, Florida Statutes, is created
65 to read:
66 332.0075 Commercial service airports; transparency and
67 accountability; penalty.—
68 (1) As used in this section, the term:
69 (a) "Commercial service airport" means a publicly owned
70 airport that has at least 2,500 passenger boardings each
71 calendar year and receives scheduled passenger service as
72 reported by the Federal Aviation Administration.
73 (b) "Department" means the Department of Transportation.
74 (c) "Governing body" means the governing body of the
75 municipality, county, or special district that operates a

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76 commercial service airport.
77 (2) Each governing body shall establish and maintain a
78 website to post information relating to the operation of a
79 commercial service airport, including:
80 (a) All published notices of meetings and published
81 meeting agendas of the governing body.
82 (b) The official minutes of each meeting of the governing
83 body, which shall be posted within 3 business days after the
84 date of the meeting in which the minutes were approved.
85 (c) The approved budget for the commercial service airport
86 for the current fiscal year, which shall be posted within 7 days
87 after the date of adoption. Budgets must remain on the website
88 for 2 years after the conclusion of the fiscal year in which
89 they were adopted.
90 (d) All commercial service airport planning documents
91 submitted to the Federal Aviation Administration, which shall be
92 posted upon submission to the Federal Aviation Administration.
93 (e) All financial and statistical reports required to be
94 submitted to the Federal Aviation Administration, which shall be
95 posted upon submission to the Federal Aviation Administration.
96 (f) Any contract or contract amendment executed by or on
97 behalf of the commercial service airport in excess of the
98 threshold amount provided for in s. 287.017 for CATEGORY TWO,
99 which shall be posted no later than 7 days before the governing
100 body votes to approve the contract or contract amendment.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 915 2020

101 (g) Position and rate information for each employee of the
102 commercial service airport, including, at a minimum, the
103 employee's position title, position description, and annual or
104 hourly salary.
105 (3)(a) Notwithstanding any other provision of law to the
106 contrary, commercial service airports are subject to the
107 requirements of chapter 287.
108 (b) A governing body must approve each contract executed
109 by or on behalf of a commercial service airport in excess of the
110 threshold amount provided for in s. 287.017 for CATEGORY THREE
111 as a separate line item on the agenda after providing a
112 reasonable opportunity for public comment. Such contracts may
113 not be approved as part of a consent agenda.
114 (4)(a) Members of a governing body and employees of a
115 commercial service airport are subject to part III of chapter
116 112.
117 (b) Beginning January 1, 2021, each member of a governing
118 body must complete 4 hours of ethics training each calendar year
119 which addresses, at a minimum, s. 8, Art. II of the State
120 Constitution, the Code of Ethics for Public Officers and
121 Employees, and the public records and public meetings laws of
122 this state. This requirement may be satisfied by completion of a
123 continuing legal education class or other continuing
124 professional education class, seminar, or presentation if the
125 required subject material is covered therein.

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HB 915 2020

126 (5)(a) Beginning November 1, 2021, and each November 1
127 thereafter, each commercial service airport shall submit the
128 following information to the department:
129 1. Its approved budget for the current fiscal year.
130 2. Any financial reports submitted to the Federal Aviation
131 Administration during the previous calendar year.
132 3. A link to its website.
133 4. A statement, verified as provided in s. 92.525, that it
134 has complied with part III of chapter 112, chapter 287, and this
135 section.
136 (b) The department shall review the information submitted
137 by the commercial service airport and posted on the airport's
138 website to determine the accuracy of such information. Beginning
139 January 15, 2022, and each January 15 thereafter, the department
140 shall submit to the Governor, the President of the Senate, and
141 the Speaker of the House of Representatives a report summarizing
142 commercial service airport compliance with this section.
143 (6) The department may not expend any funds allocated to a
144 commercial service airport as contained in the adopted work
145 program, unless pledged for debt service, until the commercial
146 service airport demonstrates its compliance with this section.
147 Section 4. This act shall take effect July 1, 2020.

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hb0915-00
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 915 (2020)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Transportation &
2 Infrastructure Subcommittee
3 Representative Avila offered the following:
4
5 Amendment
6 Remove lines 37-43 and insert:
7 (m) At least once every 5 years, conduct an operational
8 and financial audit of each large-hub commercial service
9 airport. Each operational audit shall include, at a minimum, an
10 assessment of compliance with s. 332.0075, including compliance
11 with chapter 287, and compliance with the public records and
12 public meeting laws of this state. For purposes of this
13 paragraph, the term "large-hub commercial service airport" means
14 a publicly owned airport that has at least 1 percent of the
15 annual passenger boardings in the United States as reported by
16 the Federal Aviation Administration.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 915 (2020)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Transportation &
2 Infrastructure Subcommittee
3 Representative Avila offered the following:
4
5 Amendment
6 Remove line 147 and insert:
7 Section 4. This act shall take effect October 1, 2020.
8

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PCS for HB 551
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 551 Transportation Disadvantaged
SPONSOR(S): Transportation & Infrastructure Subcommittee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Transportation & Infrastructure Johnson Vickers
Subcommittee

SUMMARY ANALYSIS
Florida law defines the transportation disadvantaged as those persons who because of physical or mental
disability, income status, or age, are unable to transport themselves or to purchase transportation and are,
therefore, dependent upon others to obtain access to health care, employment, education, shopping, social
activities, or other life-sustaining activities, or children who are handicapped or high-risk.

The Commission for the Transportation Disadvantaged is the state-level policy board responsible for the
oversight of the implementation of coordinated transportation disadvantaged services. A community
transportation coordinator (CTC) is a designated entity responsible for ensuring that coordinated transportation
services are provided to the transportation disadvantaged population in a designated service area. The local
coordinating board (LCB) provides assistance to the CTCs by identifying local service needs and providing
information, advice and direction to CTCs on the coordination of services.

The bill requires CTCs, in cooperation with the LCBs, to increase and support programs that enhance cross-
county mobility for the transportation disadvantaged to access employment, health care, education, shopping,
or other life-sustaining services across one or more county lines.

There does not appear to be a fiscal impact to state government. For local governments, to the extent that they
are CTCs, they may incur some expenditures associated with increasing and supporting programs enhancing
cross-county mobility services for the transportation disadvantaged.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0551.TIS
DATE: 1/13/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Transportation Disadvantaged
Florida law defines the transportation disadvantaged as those persons who because of physical or
mental disability, income status, or age, are unable to transport themselves or to purchase
transportation and are, therefore, dependent upon others to obtain access to health care, employment,
education, shopping, social activities, or other life-sustaining activities, or children who are handicapped
or high-risk as defined in s. 411.202, F.S.1

Commission for Transportation Disadvantaged
In 1989, the Legislature created the Commission for the Transportation Disadvantaged within the
Department of Transportation to coordinate the transportation services provided to the transportation
disadvantaged. The goal of this coordination is to ensure the cost-effective provision of transportation
by qualified community transportation coordinators or transportation operators to the transportation
disadvantaged.2

The commission is the state-level policy board responsible for the oversight of the implementation of
coordinated transportation disadvantaged services. To assist with program implementation, the
commission contracts with a Community Transportation Coordinator (CTC) and planning agency in
each county. 3

Community Transportation Coordinators
A community transportation coordinator is a transportation entity recommended by a metropolitan
planning organization,4 or by the appropriate designated official planning agency5 in an area outside the
purview of a metropolitan planning organization, to ensure that coordinated transportation services are
provided to the transportation disadvantaged population in a designated service area.6

Each local CTC is responsible for the actual arrangement and/or delivery of transportation services to
the transportation disadvantaged. The CTC, through a competitive procurement process, may contract
with local transportation operators7 to provide transportation services to the transportation
disadvantaged. Specifically, CTCs must:
 Execute uniform contracts for service using a standard contract, which includes performance
standards for operators.
 Collect annual operating data for submittal to the CTD.
 Review all transportation operator contracts annually.
 Approve and coordinate the utilization of school bus and public transportation services in
accordance with the transportation disadvantaged service plan.
 In cooperation with a functioning coordinating board, review all applications for local
government, federal, and state transportation disadvantaged funds, and develop cost-effective
coordination strategies.

1
Section 427.011(1), F.S.
2
Florida Commission for Transportation Disadvantaged, 2018 Annual Performance Report, P. 9-11. Available at:
https://ctd.fdot.gov/docs/AORAPRDocs/ApprovedAOR2017-2018.pdf (Last visited Jan. 13, 2020).
3
Id.
4
Section 427.011(2), F.S., defines the term “metropolitan planning organization” as the organization responsible for carrying out
transportation planning and programming in accordance with the provisions of 23 U.S.C. s. 134, as provided in 23 U.S.C. s. 104(f)(3).
5
This is as provided in ss. 427.011-427.017, F.S.
6
Section 427.011(5), F.S.
7
Section 427.011(6), F.S., defines the term “transportation operator” as one or more public, private for-profit, or private nonprofit
entities engaged by the community transportation coordinator to provide service to transportation disadvantaged persons pursuant to a
coordinated system service plan.
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 In cooperation with, and approved by, the coordinating board, develop, negotiate, implement,
and monitor a memorandum of agreement including a service plan, for submittal to the CTD.
 In cooperation with the coordinating board and pursuant to criteria developed by the CTD,
establish eligibility guidelines and priorities with regard to the recipients of nonsponsored
transportation disadvantaged services8 that are purchased with Transportation Disadvantaged
Trust Fund moneys.
 Have full responsibility for the delivery of transportation services for the transportation
disadvantaged.9
 Work cooperatively with local workforce development boards10 to provide assistance in the
development of innovative transportation services for participants in the welfare transition
program.11

Local Coordinating Board
The local coordinating board (LCB) is an advisory entity in each designated service area composed of
representatives appointed by the metropolitan planning organization or designated official planning
agency, to provide assistance to the CTC relative to the coordination of transportation services.12

The LCB, which is appointed and staffed by the planning agency, oversees and annually evaluates the
CTC. LCBs also provide assistance to the CTCs by identifying local service needs and providing
information, advice and direction to CTCs on the coordination13 of services.14 Each LCB must:
 Review and approve the coordinated community transportation disadvantaged service plan,
including the memorandum of agreement, prior to submittal to the commission.
 Evaluate services provided in meeting the approved plan.
 In cooperation with the CTC, review and provide recommendations to the commission on
funding applications affecting the transportation disadvantaged.
 Assist the CTC in establishing eligibility guidelines and priorities with regard to the recipients of
nonsponsored transportation disadvantaged services that are purchased with Transportation
Disadvantaged Trust Fund moneys.
 Review the coordination strategies of service provision to the transportation disadvantaged in
the designated service area.
 Evaluate multicounty or regional transportation opportunities.
 Work cooperatively with local workforce development boards to provide assistance in the
development of innovative transportation services for participants in the welfare transition
program.15

Transportation Disadvantaged Funding
Florida’s transportation disadvantaged program is funded through the Transportation Disadvantaged
Trust Fund, which the commission administers pursuant to s. 427.0159, F.S. In FY 2019-2020, the
commission received a total of $65.6 million in revenue through the TDTF. The largest source of
revenue comes from the $1.50 fee collected from each motor vehicle license tag registration.16

In 2019, the Legislature passed HB 7068,17 creating the Multi-Use Corridors of Regional Economic
Significance (M-CORES) Program within DOT.18 The bill allocated $10 million in M-CORES funding for

8
Section 427.022(12), F.S., defines the term “nonsponsored transportation disadvantaged services” as transportation disadvantaged
services that are not sponsored or subsidized by any funding source other than the Transportation Disadvantaged Trust Fund.
9
These are outlined in s. 427.015(2), F.S.
10
Workforce development boards are established in Ch. 445, F.S.
11
Section 427.0155, F.S.
12
Section 427.011(7), F.S.
13
Section 427.011(11), F.S., defines the term “coordination” as the arrangement for the provision of transportation services to the
transportation disadvantaged in a manner that is cost-effective, efficient, and reduces fragmentation and duplication of services.
14
Florida Commission for Transportation Disadvantaged, 2018 Annual Performance Report, P. 9-11.
15
Section 427.0157, F.S.
16
Email from David Darm, Executive Director, Commission for the Transportation Disadvantaged, RE: HB 551-TD Funding, Jan. 8,
2020. (Copy on file with Transportation & Infrastructure Subcommittee).
17
Chapter 2019-43, L.O.F.
18
Section 338.2278(1), F.S.
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each fiscal year beginning in 2019-2020 to the Transportation Disadvantaged Trust Fund.19 M-CORES
funds allocated to the Transportation Disadvantaged Trust Fund must be used to award competitive
grants to CTCs and transportation network companies for the purposes of providing cost-effective,
door-to-door, on-demand, and scheduled transportation services that increase a transportation
disadvantaged person’s access to and departure from job training, employment, health care, and other
life-sustaining services; enhances regional connectivity and cross-county mobility; or reduce the
difficulty in connecting transportation disadvantaged persons to a transportation hub and from the hub
to their final destination.20

The commission has issued M-CORES funded grants to several CTCs around the state to support
projects designed to enhance cross-county mobility for the transportation disadvantaged.21

Cross-County Mobility
Cross-county mobility is the ability to utilize transportation disadvantaged services across county lines.
While the commission encourages CTCs and local planning agencies to promote regional/cross-county
transportation to enhance the mobility of the transportation disadvantaged, there are challenges that
may inhibit certain CTCs from providing trips outside of their county, including:
 Urban transit systems – If the CTC is a transit authority, federal law requires it to provide
Americans with Disabilities Act (ADA) complementary paratransit services for individuals who,
due to a disability, cannot access the fixed-route bus system. The Federal Transit
Administration requires these services to be provided within ¾ of a mile outside the bus route,
but the local transit authority may decide whether or not to provide these services beyond the
ADA corridor, including across county lines.22
 Local autonomy – The transportation disadvantaged program provides the CTCs and their local
coordinating boards with the flexibility of determining their own service area, which includes
prioritizing the service needs. Some CTCs may choose to limit the number of trips that go out of
county or support a certain activity based on a priority determined by the local program.
 Costs – Out-of-county trips are more expensive and require additional resources such as
drivers and vehicles. Despite this challenge, several CTCs are coordinating out-of-county trips,
which may be limited to certain days of the week or month to manage costs. Additionally, some
CTCs may have to contract with a taxi or transportation network company to provide cross-
county trips for individuals who need an “on-demand” service.23

Effect of the Bill

The bill requires CTCs, in cooperation with the local coordinating board, to increase and support
programs that enhance cross-county mobility for the transportation disadvantaged to access
employment, health care, education, shopping, or other life-sustaining services across one or more
county lines.

The bill also requires local coordinating boards to increase and support programs that enhance cross-
county mobility for the transportation disadvantaged to access employment, health care, education,
shopping or other life-sustaining services across county lines.

It should be noted that the bill does not require implementation of specific programs to enhance cross-
county mobility for the transportation disadvantaged.

B. SECTION DIRECTORY:

19
Section 338.2278(8), F.S.
20
Section 338.2278(8)(e), F.S.
21
Email from David Darm, Executive Director, Commission for Transportation Disadvantaged, Re: HB 551-Follow-up, Dec. 20,
2019. (Copy on file with Transportation & Infrastructure Subcommittee).
22
49 C.F.R. Part 37
23
Email from David Darm, Executive Director, Commission for Transportation Disadvantaged, Re: HB 551-Cross-County Mobility
Follow-up, Jan. 7, 2020. (Copy on file with Transportation & Infrastructure Subcommittee).
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Section 1 amends s. 427.0155, F.S., providing the powers and duties of community transportation
coordinators.

Section 2 amends s. 427.0157, F.S., providing the powers and duties of coordinating boards.

Section 3 provides an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill does not appear to impact state government revenues.

2. Expenditures:
The bill does not appear to impact state government expenditures.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill does not appear to impact local government revenues.

2. Expenditures:
Indeterminate. To the extent that CTCs and LCBs are local governmental entities, there may be an
increase in expenditures associated with supporting programs enhancing cross-county mobility for
the transportation disadvantaged.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The enhancement of cross-county mobility services for the transportation disadvantaged may increase
their access to employment, health care, education, shopping, and other life-sustaining services across
county lines.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of sales tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

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DATE: 1/13/2020
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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DATE: 1/13/2020
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCS for HB 551 ORIGINAL 2020

1 A bill to be entitled
2 An act relating to transportation disadvantaged;
3 amending s. 427.0155, F.S.; requiring community
4 transportation coordinators, in cooperation with the
5 coordinating board, to increase and support programs
6 that enhance cross-county mobility for specified
7 purposes for the transportation disadvantaged;
8 amending s. 427.0157, F.S.; requiring each
9 coordinating board to evaluate multicounty or regional
10 transportation opportunities to increase and support
11 programs that enhance cross-county mobility for
12 specified purposes for the transportation
13 disadvantaged; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (10) is added to section 427.0155,
18 Florida Statutes, to read:
19 427.0155 Community transportation coordinators; powers and
20 duties.—Community transportation coordinators shall have the
21 following powers and duties:
22 (10) In cooperation with the coordinating board, increase
23 and support programs that enhance cross-county mobility for the
24 transportation disadvantaged to access employment, health care,
25 education, shopping, or other life-sustaining services across

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PCS for HB 551 ORIGINAL 2020

26 one or more county lines.
27 Section 2. Section 427.0157, Florida Statutes, is amended
28 to read:
29 427.0157 Coordinating boards; powers and duties.—The
30 purpose of each coordinating board is to develop local service
31 needs and to provide information, advice, and direction to the
32 community transportation coordinators on the coordination of
33 services to be provided to the transportation disadvantaged. The
34 commission shall, by rule, establish the membership of
35 coordinating boards. The members of each board shall be
36 appointed by the metropolitan planning organization or
37 designated official planning agency. The appointing authority
38 shall provide each board with sufficient staff support and
39 resources to enable the board to fulfill its responsibilities
40 under this section. Each board shall meet at least quarterly and
41 shall:
42 (1) Review and approve the coordinated community
43 transportation disadvantaged service plan, including the
44 memorandum of agreement, prior to submittal to the commission.;
45 (2) Evaluate services provided in meeting the approved
46 plan.;
47 (3) In cooperation with the community transportation
48 coordinator, review and provide recommendations to the
49 commission on funding applications affecting the transportation
50 disadvantaged.;

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51 (4) Assist the community transportation coordinator in
52 establishing eligibility guidelines and priorities with regard
53 to the recipients of nonsponsored transportation disadvantaged
54 services that are purchased with Transportation Disadvantaged
55 Trust Fund moneys.
56 (5) Review the coordination strategies of service
57 provision to the transportation disadvantaged in the designated
58 service area.; and
59 (6) Evaluate multicounty or regional transportation
60 opportunities to increase and support programs that enhance
61 cross-county mobility for the transportation disadvantaged to
62 access employment, health care, education, shopping, or other
63 life-sustaining services across one or more county lines.
64 (7) Work cooperatively with local workforce development
65 boards established in chapter 445 to provide assistance in the
66 development of innovative transportation services for
67 participants in the welfare transition program.
68 Section 3. This act shall take effect July 1, 2020.

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