| 1 | Representative Harrell offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 811-812 and insert: |
| 5 | Section 11. Effective July 1, 2008, section 218.315, |
| 6 | Florida Statutes, is created to read: |
| 7 | 218.315 Local government transparency; contracts.-- |
| 8 | (1) As used in this section, the term: |
| 9 | (a) "Contract" means any legally binding agreement |
| 10 | executed by a local government and a corporation or an |
| 11 | individual for the purchase of commodities or contractual |
| 12 | services which requires the expenditure of $5,000 or more. The |
| 13 | term excludes the contractual rights of local government |
| 14 | employees and retirees who are members of the Florida Retirement |
| 15 | System or who are members of a local government retirement |
| 16 | system. |
| 17 | (b) "Corporation" means all corporations registered to do |
| 18 | business in the state, whether for profit or not for profit; |
| 19 | foreign corporations qualified to do business in this state or |
| 20 | actually doing business in this state, whether for profit or not |
| 21 | for profit; limited liability companies under chapter 608; |
| 22 | partnerships under chapter 620; a sole proprietorship as defined |
| 23 | in s. 440.02; or any other legal business entity, whether for |
| 24 | profit or not for profit. |
| 25 | (c) "County officer" means a sheriff, tax collector, |
| 26 | property appraiser, supervisor of elections, and a clerk of the |
| 27 | circuit court. |
| 28 | (d) "Local government" means counties, municipalities, |
| 29 | water management districts, and special taxing districts that |
| 30 | have the authority to levy ad valorem taxes or non-ad valorem |
| 31 | assessments, but the term excludes school districts. |
| 32 | (e) "Individual" means a person, but excludes an employee |
| 33 | of a local government or an employee of the Federal Government |
| 34 | while acting in the capacity as employee. |
| 35 | (2) In accordance with the schedule provided in subsection |
| 36 | (5), the Department of Financial Services shall develop and |
| 37 | maintain a portal linking to websites maintained by the local |
| 38 | governments subject to the requirements of this section. |
| 39 | (3)(a) Each local government that has a website must |
| 40 | electronically post contract information relating to each |
| 41 | contract executed between the local government and a corporation |
| 42 | or an individual, or, for a county officer, between the county |
| 43 | officer and a corporation or an individual. The information must |
| 44 | be posted using the basic expenditure categories required in the |
| 45 | uniform format established under paragraph (c). The website must |
| 46 | be accessible without charge to any individual who has Internet |
| 47 | access using standard browsing software. |
| 48 | (b) To the extent possible, each local government's |
| 49 | website shall provide a link to an electronic copy of the |
| 50 | contract. The portion of a public record that is confidential or |
| 51 | exempt shall be redacted prior to posting. |
| 52 | (c) The Department of Financial Services shall develop a |
| 53 | uniform format to be used by each local government when posting |
| 54 | contract information. The uniform format must include: |
| 55 | 1. The name of the local government or county officer who |
| 56 | is a party to the contract. |
| 57 | 2. The name of each corporation or individual who is a |
| 58 | party to the contract; |
| 59 | 3. The date and amount of the contract; |
| 60 | 4. The purpose of the contract; and |
| 61 | 5. The basic expenditure categories reported by local |
| 62 | governments in the annual financial report submitted to the |
| 63 | department under s. 218.32. |
| 64 | (4) Except as provided in this subsection, each local |
| 65 | government shall designate one central office to maintain all |
| 66 | contract information required to be reported. The county shall |
| 67 | maintain all contract information required to be reported by a |
| 68 | county officer. In cases where a local government does not have |
| 69 | an official website, the contract information must be maintained |
| 70 | in a local government office that is reasonably accessible to |
| 71 | the general public during normal business hours and capable of |
| 72 | providing contract information to a member of the general public |
| 73 | as a public-records request. |
| 74 | (5)(a) Information concerning contracts executed by a |
| 75 | local government or a county officer shall be reported at least |
| 76 | quarterly by each local government according to the following |
| 77 | schedule and in a uniform reporting format: |
| 78 | 1. On or before December 31, 2009, all five water |
| 79 | management districts, any county having a population of 300,000 |
| 80 | or more, any municipality having a population of 50,000 or more, |
| 81 | and any special taxing authority within such a county or |
| 82 | municipality shall report contract information required by this |
| 83 | section for contracts executed on or after October 1, 2009. |
| 84 | 2. On or before December 31, 2010, any county having a |
| 85 | population of at least 50,000 but fewer than 300,000, any |
| 86 | municipality having a population of at least 10,000 but fewer |
| 87 | than 50,000, and any special taxing authority within such a |
| 88 | county or municipality shall report contract information |
| 89 | required by this section for contracts executed on or after |
| 90 | October 1, 2010. |
| 91 | 3. On or before December 31, 2011, any county having a |
| 92 | population of fewer than 50,000, any municipality having a |
| 93 | population of fewer than 10,000, and any special taxing |
| 94 | authority within such a county or municipality shall report |
| 95 | contract information required by this section for contracts |
| 96 | executed on or after October 1, 2011. |
| 97 | (b) The population estimates used by counties and |
| 98 | municipalities to meet the schedule requirements of this |
| 99 | subsection shall be those reported on April 1, 2009, by the |
| 100 | Office of Economic and Demographic Research to the Executive |
| 101 | Office of the Governor under s. 186.901. |
| 102 | (6) The Department of Financial Services may adopt rules |
| 103 | pursuant to ss. 120.536(1) and 120.54 to implement the |
| 104 | provisions of this section requiring the development and |
| 105 | maintenance of the state portal that links to the local |
| 106 | government website and requiring the development and |
| 107 | distribution of the uniform reporting format. |
| 108 | Section 12. State government transparency; contracts.-- |
| 109 | (1) As used in this section, the term: |
| 110 | (a) "Contract" means any legally binding agreement |
| 111 | executed by a state agency and a corporation or an individual |
| 112 | for the purchase of commodities or contractual services which |
| 113 | requires the expenditure of $5,000 or more. The term excludes |
| 114 | the contractual rights of state employees and retirees who are |
| 115 | members of the Florida Retirement System. |
| 116 | (b) "Corporation" means all corporations registered to do |
| 117 | business in this state, whether for profit or not for profit; |
| 118 | foreign corporations qualified to do business in this state or |
| 119 | actually doing business in this state, whether for profit or not |
| 120 | for profit; limited liability companies under chapter 608, |
| 121 | Florida Statutes; partnerships under chapter 620, Florida |
| 122 | Statutes; a sole proprietorship as defined in s. 440.02, Florida |
| 123 | Statutes; or any other legal business entity, whether for profit |
| 124 | or not for profit. |
| 125 | (c) "Expenditure" means a payment that a state agency |
| 126 | makes to a corporation or an individual under a contract. |
| 127 | (d) "Individual" means a person, but excludes an employee |
| 128 | of a state agency or an employee of the Federal Government while |
| 129 | acting in the capacity as employee. |
| 130 | (2) The Executive Office of the Governor is directed to |
| 131 | develop and maintain a portal linking to the state agency |
| 132 | contract expenditures report maintained by the Department of |
| 133 | Financial Services and required under this section. |
| 134 | (3)(a) The Department of Financial Services is directed to |
| 135 | develop and maintain a contract expenditures report that |
| 136 | provides the following information: |
| 137 | 1. The name of the state agency that is a party to a |
| 138 | contract; |
| 139 | 2. The name of each corporation or individual who is a |
| 140 | party to a contract; |
| 141 | 3. The date, amount, and purpose of the contract; and |
| 142 | 4. Each expenditure made under the contract. |
| 143 | (b) The contract expenditures report must be maintained by |
| 144 | the department in a searchable website containing a navigation |
| 145 | bar that allows an individual having Internet access to search |
| 146 | for expenditure reports by governmental function, state agency, |
| 147 | or appropriation category. |
| 148 | (4)(a) Each state agency shall record each contract |
| 149 | executed between the agency and a corporation or an individual |
| 150 | and each payment made under the contract along with the contract |
| 151 | number in the department's Florida Accounting and Information |
| 152 | Resources contract subsystem as provided in s. 215.94(2), |
| 153 | Florida Statutes. |
| 154 | (b) To the extent possible, each state agency shall |
| 155 | provide a link to an electronic copy of the contract. The |
| 156 | portion of a public record which is confidential or exempt from |
| 157 | inspection and copying shall be redacted prior to posting. |
| 158 | Section 13. Except as otherwise expressly provided in this |
| 159 | act, this act shall take effect upon becoming a law and sections |
| 160 | 1 through 10 of this act shall apply to the 2008-2009 fiscal |
| 161 | year. |
| 162 |
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| 163 |
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| 164 | ----------------------------------------------------- |
| 165 | T I T L E A M E N D M E N T |
| 166 | Remove line 44 and insert: |
| 167 | creating s. 218.315, F.S.; defining the terms "contract," |
| 168 | "corporation," "county officer," "local government," and |
| 169 | "individual," for purposes of the act; providing that |
| 170 | contractual rights of local government employees and retirees |
| 171 | who are members of the Florida Retirement System or a local |
| 172 | government retirement system are not considered contracts; |
| 173 | directing the Department of Financial Services to develop and |
| 174 | maintain a portal linking to websites maintained by local |
| 175 | governments; requiring local governments that have a website to |
| 176 | electronically post contract information relating to certain |
| 177 | contracts; providing that portions of a public record which are |
| 178 | confidential and exempt shall be redacted prior to posting; |
| 179 | requiring that access to the website be provided at no cost; |
| 180 | requiring that electronic copies of contracts be provided in |
| 181 | certain circumstances; requiring the Department of Financial |
| 182 | Services to develop a uniform format to be used by local |
| 183 | governments when posting contract information; requiring |
| 184 | specific information be provided under the uniform format; |
| 185 | requiring each local government to designate a central office to |
| 186 | maintain all contract information; providing reporting |
| 187 | requirements for local governments without a website; requiring |
| 188 | that contract information be posted at least quarterly using the |
| 189 | uniform format; establishing a schedule for local governments to |
| 190 | meet requirements of the act; providing rulemaking authority; |
| 191 | defining the terms "contract", "corporation", "expenditure" and |
| 192 | "individual" for purposes of state government contract |
| 193 | reporting; providing that contractual rights of state employees |
| 194 | and retirees who are members of the Florida Retirement System |
| 195 | are not considered contracts; directing the Executive Office of |
| 196 | the Governor to develop and maintain a port linking to the state |
| 197 | agency contract expenditures report maintained by the Department |
| 198 | of Financial Services; directing the department of develop and |
| 199 | maintain a contract information report containing specified |
| 200 | information; directing that the report be maintained by the |
| 201 | department in a searchable website; directing that access to the |
| 202 | website be provided at no charge to a user who has Internet |
| 203 | access; directing each state agency to record information |
| 204 | relating to contracts between the agency and a corporation or an |
| 205 | individual; directing each agency to record payment information |
| 206 | on specified contracts in the Florida Accounting and Information |
| 207 | Resources contract subsystem; requiring that electronic copies |
| 208 | of contracts be provided in certain circumstances; providing |
| 209 | that portions of public records which are confidential and |
| 210 | exempt from inspection and copying shall be redacted prior to |
| 211 | posting; providing applicability; providing effective dates. |