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The Committee on Community Affairs (Storms) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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Section 1.  Section 218.315, Florida Statutes, is created to

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read:

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     218.315 Local government transparency; contracts.

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

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     (a) "Contract" means any legally binding agreement executed

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by a governmental entity and a corporation or an individual which

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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) "County officer" means a sheriff, tax collector,

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property appraiser, supervisor of elections, and a clerk of the

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circuit court.

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     (d) "Local government" means counties, municipalities,

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water management districts, and special taxing districts with the

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authority to levy ad valorem taxes or non-ad valorem assessments,

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but excludes school districts.

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     (e) "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) In accordance with the schedule provided in subsection

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(5), the Department of Financial Services is directed to develop

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and maintain a portal linking to websites maintained by the local

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governments subject to the requirements of this act.

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     (3)(a) Each local government with a website must

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electronically post contract information relating to each

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contract executed between the local government and a corporation

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or an individual, or for a county officer, between the county

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officer and a corporation or an individual. The information must

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be posted using the basic expenditure categories required in the

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uniform format established under paragraph (c). The website must

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be accessible without charge to any individual with Internet

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access using standard browsing software.

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     (b) To the extent possible, each local government's website

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shall provide a link to an electronic copy of the contract. Any

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public record that is exempt from inspection or copying under

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chapter 119 or general law, is exempt from the provisions of this

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act.

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     (c) The Department of Financial Services shall develop a

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uniform format to be used by each local government when posting

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contract information. The uniform format must include:

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     1. The name of the local government or county officer who

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is a party to the contract.

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

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party to the contract;

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     3. The date and amount of the contract; and

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     4. The purpose of the contract.

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     5. The basic expenditure categories reported by local

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governments in the annual financial report submitted to the

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department under s. 218.32.

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     (4) Except as provided herein, each local government shall

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designate one central office to maintain all contract information

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required to be reported. The county shall maintain all contract

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information required to be reported by a county officer. In cases

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where a local government does not have an official website, the

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contract information must be maintained in a local government

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office that is reasonably accessible to the general public during

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normal business hours and capable of providing contract

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information to a member of the general public as a public records

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request.

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     (5)(a) Information on contracts executed by a local

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government or a county officer shall be reported at least

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quarterly by each local government according to the following

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schedule and in a uniform reporting format:

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     1. On or before December 31, 2009, all five water management

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districts, any county with a population of 300,000 or more and

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any municipality with a population of 50,000 or more, and any

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special taxing authority within such county or municipality,

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shall report contract information required by this act for

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contracts executed on or after October 1, 2009.

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     2. On or before December 31, 2010, any county with a

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population of at least 50,000 but fewer than 300,000 and any

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municipality with a population of at least 10,000 but fewer than

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50,000, and any special taxing authority within such county or

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municipality, shall report contract information required by this

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act for contracts executed on or after October 1, 2010.

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     3. On or before December 31, 2011, any county with a

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population of fewer than 50,000, any municipality with a

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population of fewer than 10,000, and any special taxing

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authority within such county or municipality, shall report

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contract information required by this act for contracts executed

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on or after October 1, 2011.

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     (b) The population estimates used by counties and

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municipalities to meet the schedule requirements of this

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subsection shall be those reported on April 1, 2009, by the

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Office of Economic and Demographic Research to the Executive

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Office of the Governor under s. 186.901.

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     (6) The Department of Financial Services is authorized to

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adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

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the provisions of this act that require the development and

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maintenance of the state portal that links to the local

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government website, and the development and distribution of the

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uniform reporting format.

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     Section 2.  This act shall take effect July 1, 2008.

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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 local government transparency; creating

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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 the act; directing the

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Department of Financial Services to develop and maintain a

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portal linking to websites maintained by local

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governments; requiring local governments with a website to

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electronically post contract information relating to

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certain contracts; providing an exemption for contracts

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protected under chapter 119 or by general law; requiring

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that access to the website be provided at no cost;

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requiring that electronic copies of contracts be provided

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in certain circumstances; requiring the Department of

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Financial Services to develop a uniform format to be used

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by local governments when posting contract information;

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requiring specific information be provided under the

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uniform format; requiring each local government to

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designate a central office to maintain all contract

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information; providing reporting requirements for local

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governments without a website; requiring that contract

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information be posted at least quarterly using the uniform

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format; establishing a schedule for local governments to

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meet requirements of the act, providing rulemaking

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authority; providing an effective date.

3/18/2008  10:54:00 AM     CA.CA.05194