CS for CS for CS for SB 1626 First Engrossed
20121626e1
1 A bill to be entitled
2 An act relating to state contracting; amending s.
3 11.45, F.S.; conforming provisions to changes made by
4 the act; amending s. 215.985, F.S.; revising
5 provisions relating to the Chief Financial Officer’s
6 intergovernmental contract tracking system under the
7 Transparency Florida Act; requiring state agencies to
8 post certain information in the tracking system and to
9 update that information; requiring that exempt and
10 confidential information be redacted from contracts
11 and procurement documents posted on the system;
12 authorizing the Chief Financial Officer to make
13 available the information posted on the system to the
14 public through a secure website; authorizing the
15 Department of Financial Services to adopt rules;
16 repealing s. 216.0111, F.S., relating to a requirement
17 that state agencies report certain contract
18 information to the Department of Financial Services
19 and transferring that requirement to s. 215.985, F.S.;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Paragraphs (a) and (i) of subsection (7) of
25 section 11.45, Florida Statutes, are amended to read:
26 11.45 Definitions; duties; authorities; reports; rules.—
27 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
28 (a) The Auditor General must shall notify the Legislative
29 Auditing Committee of any local governmental entity, district
30 school board, charter school, or charter technical career center
31 that does not comply with the reporting requirements of s.
32 215.985 or s. 218.39.
33 (i) Beginning in 2012, the Auditor General shall annually
34 transmit by July 15, to the President of the Senate, the Speaker
35 of the House of Representatives, and the Department of Financial
36 Services, a list of all school districts, charter schools,
37 charter technical career centers, Florida College System
38 institutions, state universities, and water management districts
39 that have failed to comply with the transparency requirements of
40 s. 215.985 as identified in the audit reports reviewed pursuant
41 to paragraph (b) and those conducted pursuant to subsection (2).
42 Section 2. Subsection (16) of section 215.985, Florida
43 Statutes, is amended to read
44 215.985 Transparency in government spending.—
45 (16) The Chief Financial Officer shall provide public
46 access to a state contract management system that provides
47 information and documentation relating to contracts procured by
48 governmental entities.
49 (a) Within 30 calendar days after executing a contract,
50 each state agency as defined in s. 216.011(1) must post the
51 following information and documentation relating to that
52 contract on the contract management system:
53 1. The name of the contracting entities;
54 2. The procurement method;
55 3. The contract beginning and ending dates;
56 4. The nature or type of the commodities or services
57 purchased;
58 5. Applicable contract unit prices and deliverables;
59 6. Total compensation to be paid or received under the
60 contract;
61 7. All payments made to the contract vendor to date;
62 8. All commodities or services received from the contract
63 vendor to date;
64 9. Applicable contract performance measures;
65 10. Contract extensions or renewals, if any;
66 11. The justification for not using competitive
67 solicitation to procure the contract, including citation to any
68 statutory exemption or exception from competitive solicitation,
69 if applicable; and
70 12. Electronic copies of the contract and procurement
71 documents that have been redacted to conceal exempt or
72 confidential information.
73 (a) The data collected in the system must include, but need
74 not be limited to, the contracting agency; the procurement
75 method; the contract beginning and ending dates; the type of
76 commodity or service; the purpose of the commodity or service;
77 the compensation to be paid; compliance information, such as
78 performance metrics for the service or commodity; contract
79 violations; the number of extensions or renewals; and the
80 statutory authority for providing the service.
81 (b) Within 30 calendar days after a major modification or
82 amendment change to an existing contract, or the execution of a
83 new contract, agency procurement staff of the affected state
84 governmental entity must shall update the necessary information
85 described in paragraph (a) in the state contract management
86 system. A major modification or amendment change to a contract
87 includes, but is not limited to, a renewal, termination, or
88 extension of the contract, or an amendment to the contract.
89 (c) Each entity identified in paragraph (a) must redact, as
90 defined in s. 119.011, any exempt or confidential information
91 from the contract or procurement documents before posting an
92 electronic copy of such documents on the contract tracking
93 system.
94 1. If an entity becomes aware that an electronic copy of a
95 contract or procurement document that it posted has not been
96 properly redacted, the entity must replace the electronic copy
97 of the documents with a redacted copy.
98 2. If a party to a contract, or an authorized
99 representative thereof, discovers that an electronic copy of a
100 contract or procurement document on the system has not been
101 properly redacted, the party or representative may request the
102 entity that posted the document to redact the exempt or
103 confidential information. Upon receipt of a request in
104 compliance with this subparagraph, the entity that posted the
105 document shall redact the exempt or confidential information.
106 a. Such request must be in writing and delivered by mail,
107 facsimile, or electronic transmission, or in person to the
108 entity that posted the information. The request must identify
109 the specific document, the page numbers that include the exempt
110 or confidential information, the information that is exempt or
111 confidential, and the relevant statutory exemption. A fee may
112 not be charged for a redaction made pursuant to such request.
113 b. If necessary, a party to the contract may petition the
114 circuit court for an order directing compliance with this
115 paragraph.
116 3. The Chief Financial Officer, the Department of Financial
117 Services, or any officer, employee, or contractor thereof, is
118 not responsible for redacting exempt or confidential information
119 from an electronic copy of a contract or procurement document
120 posted by another entity on the system, and is not liable for
121 the failure of the entity to redact the exempt or confidential
122 information. The Department of Financial Services may notify the
123 posting entity if it discovers that a document posted on the
124 tracking system contains exempt or confidential information.
125 (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
126 Officer may make information posted on the contract tracking
127 system available for viewing and downloading by the public
128 through a secure website. Unless otherwise provided by law,
129 information retrieved electronically pursuant to this paragraph
130 is not admissible in court as an authenticated document.
131 1. The Chief Financial Officer may regulate and prohibit
132 the posting of records that could facilitate identity theft or
133 fraud, such as signatures; compromise or reveal an agency
134 investigation; reveal the identity of undercover personnel;
135 reveal proprietary confidential business information or trade
136 secrets; reveal an individual’s medical information; or reveal
137 any other record or information that the Chief Financial Officer
138 believes may jeopardize the health, safety, or welfare of the
139 public. However, such prohibition does not eliminate the duty of
140 an entity to provide a copy of a public record upon request. The
141 Chief Financial Officer shall use appropriate Internet security
142 measures to ensure that no person has the ability to alter or
143 modify records available on the website.
144 2. Records made available on the website, including
145 electronic copies of contracts or procurement documents, may not
146 reveal information made exempt or confidential by law. Notice of
147 the right of an affected party to request redaction of exempt or
148 confidential information pursuant to paragraph (c) must be
149 conspicuously and clearly displayed on the website.
150 (e) The posting of information on the contract tracking
151 system or the provision of contract information on a website for
152 public viewing and downloading does not eliminate the duty of an
153 entity to respond to a public record request for such
154 information or to a subpoena for such information.
155 1. A request for a copy of a contract or procurement
156 document or a certified copy of a contract or procurement
157 document shall be made to the entity that is party to the
158 contract. Such request may not be made to the Chief Financial
159 Officer or the Department of Financial Services or any officer,
160 employee, or contractor thereof unless the Chief Financial
161 Officer or the department is a party to the contract.
162 2. A subpoena for a copy of a contract or procurement
163 document or certified copy of a contract or procurement document
164 must be served on the entity that is a party to the contract and
165 that maintains the original documents. The Chief Financial
166 Officer or the Department of Financial Services or any officer,
167 employee, or contractor thereof may not be served a subpoena for
168 those records unless the Chief Financial Officer or the
169 department is a party to the contract.
170 (f) The Department of Financial Services may adopt rules to
171 administer this subsection.
172 Section 3. Section 216.0111, Florida Statutes, is repealed.
173 Section 4. This act shall take effect July 1, 2012.