Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 392

687448

CHAMBER ACTION

Senate

Comm: RCS

3/27/2008

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House



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The Committee on Governmental Operations (Oelrich) recommended

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the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 127-128

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insert:

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     Section 2. State Government Transparency; contracts

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

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     (a) "Contract" means any legally binding agreement

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executed by a state agency and a corporation or an individual

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which requires the expenditure of $5,000 or more.

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     (b) "Corporation" means all corporations registered to do

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business in the state, whether for profit or not for profit;

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foreign corporations qualified to do business in this state or

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actually doing business in this state, whether for profit or not

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for profit; limited liability companies under chapter 608;

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partnerships under chapter 620; a sole proprietorship as defined

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in s. 440.02; or any other legal business entity, whether for

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profit or not for profit.

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     (c) "Expenditure" means a payment that a state agency

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makes to a corporation or an individual under a contract.

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     (d) "Individual" means a person, but excludes an employee

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of a governmental entity or an employee of the federal

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government.

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     (2) The Executive Office of the Governor is directed to

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develop and maintain a portal linking to the state agency

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contract expenditures report maintained by the Department of

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Financial Services and required under this section.

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     (3)(a) The Department of Financial Services is directed to

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develop and maintain a contract expenditures report that

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provides the following information:

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     1. The name of the state agency that is a party to a

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contract;

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     2. The name of each corporation or individual who is a

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party to a contract.

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     3. The date, amount, and purpose of the contract; and

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     4. Each expenditure made under the contract.

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     (b) The contract expenditures report must be maintained by

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the department in a searchable website containing a navigation

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bar that allows an individual with Internet access to search for

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expenditure reports by governmental function, state agency, or

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appropriation category.

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     (4)(a) Each state agency shall record each contract

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executed between the agency and a corporation or an individual,

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and each payment made under the contract along with the contract

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number in the department's Florida Accounting and Information

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Resources contract subsystem as provided in s.215.94(2).

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     (b) To the extent possible, each state agency shall

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provide a link to an electronic copy of the contract. The

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portion of a public record that is confidential or exempt from

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inspection and copying shall be redacted prior to posting.

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(Renumber subsequent sections)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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                    A bill to be entitled

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An act relating to transparency in government contracts;

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creating s. 218.315, F.S.; defining the terms "contract,"

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"corporation," "county officer," "local government," and

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"individual," for purposes of local government contract

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reporting; directing the Department of Financial Services

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to develop and maintain a portal linking to websites

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maintained by local governments; requiring local

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governments with a website to electronically post contract

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information relating to certain contracts; providing an

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exemption for contracts protected under ch. 119, F.S., or

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by general law; requiring that access to the website be

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provided at no cost; requiring that electronic copies of

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contracts be provided in certain circumstances; requiring

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the Department of Financial Services to develop a uniform

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format to be used by local governments when posting

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contract information; requiring specific information be

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provided under the uniform format; requiring each local

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government to designate a central office to maintain all

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contract information; providing reporting requirements for

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local governments without a website; requiring that

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contract information be posted at least quarterly using

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the uniform format; establishing a schedule for local

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governments to meet requirements of the act; providing

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rulemaking authority; defining the terms "contract",

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"corporation", "expenditure" and "individual" for purposes

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of state government contract reporting; directing the

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Executive Office of the Governor to develop and maintain a

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port linking to the state agency contract expenditures

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report maintained by the Department of Financial Services;

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directing the department of develop and maintain a

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contract information report containing specified

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information; directing that the report be maintained by

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the department in a searchable website; directing that

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access to the website be provided at no charge to a user

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with Internet access; directing each state agency to

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record information relating to contracts between the

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agency and a corporation or an individual; directing each

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agency to record payment information on specified

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contracts in the Florida Accounting and Information

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Resources contract subsystem; requiring that electronic

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copies of contracts be provided in certain circumstances;

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providing that portions of public records which are

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confidential and exempt from inspection and copying shall

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be redacted prior to posting; providing an effective date.

3/26/2008  11:52:00 AM     CA.14.05802

CODING: Words stricken are deletions; words underlined are additions.