Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 392
687448
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.