Florida Senate - 2008 (Reformatted) SB 392

By Senator Storms

10-00336-08 2008392__

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A bill to be entitled

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An act relating to state and local government spending;

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providing definitions; requiring the Department of State

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to create and manage a website disclosing certain spending

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by state and local governmental entities under certain

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contracts; providing for free access to the website;

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providing requirements concerning the content of the

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website; providing an exemption for public records that

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are not subject to disclosure; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Transparency of spending by state and local

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government.--

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

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     (a) "Contract" means a legally binding agreement between a

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governmental entity and a person which requires the governmental

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entity to pay the person $5,000 or more. The term includes an

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agreement that would require a total payment of $5,000 or more if

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each term extension that the agreement authorizes were

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instituted.

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     (b) "Expenditure" means a payment that a governmental

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entity makes to a person under a contract.

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     (c) "Governmental entity" means a state agency, a political

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subdivision, a corporation created by and acting on behalf of a

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state agency or political subdivision, or a taxing authority

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created by a state agency or political subdivision.

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     (d) "Person" means a corporation, association, partnership,

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limited liability company, limited liability partnership, sole

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proprietorship, or any other legal business entity, whether for

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profit or nonprofit. The term excludes an individual, 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 Department of State shall create and manage a

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website that is searchable and that a person who has Internet

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access can use without paying a fee. The website must list, for

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each quarter of each calendar year, each expenditure made on or

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after July 1, 2008, by a governmental entity to a person under a

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contract by:

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     (a) Name of the governmental entity making the expenditure;

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     (b) Name of the person receiving the expenditure;

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     (c) Date of the expenditure;

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     (d) Amount of the expenditure; and

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     (e) Purpose of the expenditure.

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The website also must state the name of each party to a contract

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for which the website lists an expenditure and provide an

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electronic copy of the contract.

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     (3) This section does not require that any public record

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that is exempt from inspection or copying under chapter 119,

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Florida Statutes, be listed on the website.

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

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