1

A bill to be entitled

2

An act relating to local government transparency; creating

3

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

4

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

5

"individual," for purposes of the act; directing the

6

Department of Financial Services to develop and maintain a

7

portal linking to websites maintained by local

8

governments; requiring local governments with a website to

9

electronically post contract information relating to

10

certain contracts; providing an exemption for contracts

11

protected under ch. 119, F.S., or by general law;

12

requiring that access to the website be provided at no

13

cost; requiring that electronic copies of contracts be

14

provided in certain circumstances; requiring the

15

Department of Financial Services to develop a uniform

16

format to be used by local governments when posting

17

contract information; requiring specific information be

18

provided under the uniform format; requiring each local

19

government to designate a central office to maintain all

20

contract information; providing reporting requirements for

21

local governments without a website; requiring that

22

contract information be posted at least quarterly using

23

the uniform format; establishing a schedule for local

24

governments to meet requirements of the act; providing

25

rulemaking authority; providing an effective date.

26

27

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

28

29

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

30

read:

31

     218.315 Local government transparency; contracts.--

32

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

33

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

34

by a governmental entity and a corporation or an individual which

35

requires the expenditure of $5,000 or more.

36

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

37

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

38

foreign corporations qualified to do business in this state or

39

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

40

for profit; limited liability companies under chapter 608;

41

partnerships under chapter 620; a sole proprietorship as defined

42

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

43

profit or not for profit.

44

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

45

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

46

circuit court.

47

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

48

water management districts, and special taxing districts that

49

have the authority to levy ad valorem taxes or non-ad valorem

50

assessments, but the term excludes school districts.

51

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

52

of a governmental entity or an employee of the federal

53

government.

54

     (2) In accordance with the schedule provided in subsection

55

(5), the Department of Financial Services shall develop and

56

maintain a portal linking to websites maintained by the local

57

governments subject to the requirements of this section.

58

     (3)(a) Each local government that has a website must

59

electronically post contract information relating to each

60

contract executed between the local government and a corporation

61

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

62

officer and a corporation or an individual. The information must

63

be posted using the basic expenditure categories required in the

64

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

65

be accessible without charge to any individual who has Internet

66

access using standard browsing software.

67

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

68

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

69

public record that is exempt from inspection or copying under

70

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

71

section.

72

     (c) The Department of Financial Services shall develop a

73

uniform format to be used by each local government when posting

74

contract information. The uniform format must include:

75

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

76

is a party to the contract.

77

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

78

party to the contract;

79

     3. The date and amount of the contract;

80

     4. The purpose of the contract; and

81

     5. The basic expenditure categories reported by local

82

governments in the annual financial report submitted to the

83

department under s. 218.32.

84

     (4) Except as provided in this section, each local

85

government shall designate one central office to maintain all

86

contract information required to be reported. The county shall

87

maintain all contract information required to be reported by a

88

county officer. In cases where a local government does not have

89

an official website, the contract information must be maintained

90

in a local government office that is reasonably accessible to the

91

general public during normal business hours and capable of

92

providing contract information to a member of the general public

93

as a public-records request.

94

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

95

government or a county officer shall be reported at least

96

quarterly by each local government according to the following

97

schedule and in a uniform reporting format:

98

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

99

management districts, any county having a population of 300,000

100

or more, any municipality having a population of 50,000 or more,

101

and any special taxing authority within such a county or

102

municipality shall report contract information required by this

103

section for contracts executed on or after October 1, 2009.

104

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

105

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

106

municipality having a population of at least 10,000 but fewer

107

than 50,000, and any special taxing authority within such a

108

county or municipality shall report contract information required

109

by this section for contracts executed on or after October 1,

110

2010.

111

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

112

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

113

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

114

within such a county or municipality shall report contract

115

information required by this section for contracts executed on or

116

after October 1, 2011.

117

     (b) The population estimates used by counties and

118

municipalities to meet the schedule requirements of this

119

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

120

Office of Economic and Demographic Research to the Executive

121

Office of the Governor under s. 186.901.

122

     (6) The Department of Financial Services may adopt rules

123

pursuant to ss. 120.536(1) and 120.54 to implement the provisions

124

of this section requiring the development and maintenance of the

125

state portal that links to the local government website and

126

requiring the development and distribution of the uniform

127

reporting format.

128

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