Florida Senate - 2008 CS for CS for SB 392
By the Committees on Governmental Operations; Community Affairs; and Senators Storms and Ring
585-06025-08 2008392c2
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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 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 ch. 119, F.S., or by general law;
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requiring that access to the website be provided at no
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cost; requiring that electronic copies of contracts be
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provided in certain circumstances; requiring the
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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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who has 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.
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Be It Enacted by the Legislature of the State of Florida:
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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 section, 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 that
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have the authority to levy ad valorem taxes or non-ad valorem
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assessments, but the term 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 shall develop and
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maintain a portal linking to websites maintained by the local
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governments subject to the requirements of this section.
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(3)(a) Each local government that has 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 who has 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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section.
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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;
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4. The purpose of the contract; and
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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 in this section, each local
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government shall designate one central office to maintain all
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contract information required to be reported. The county shall
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maintain all contract information required to be reported by a
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county officer. In cases where a local government does not have
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an official website, the contract information must be maintained
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in a local government office that is reasonably accessible to the
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general public during normal business hours and capable of
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providing contract information to a member of the general public
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as a public-records request.
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(5)(a) Information concerning 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
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management districts, any county having a population of 300,000
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or more, any municipality having a population of 50,000 or more,
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and any special taxing authority within such a county or
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municipality shall report contract information required by this
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section for contracts executed on or after October 1, 2009.
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2. On or before December 31, 2010, any county having a
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population of at least 50,000 but fewer than 300,000, any
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municipality having a population of at least 10,000 but fewer
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than 50,000, and any special taxing authority within such a
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county or municipality shall report contract information required
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by this section for contracts executed on or after October 1,
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2010.
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3. On or before December 31, 2011, any county having a
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population of fewer than 50,000, any municipality having a
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population of fewer than 10,000, and any special taxing authority
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within such a county or municipality shall report contract
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information required by this section for contracts executed on or
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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 may adopt rules
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of this section requiring the development and maintenance of the
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state portal that links to the local government website and
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requiring the development and distribution of the uniform
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reporting format.
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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 executed
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by a state agency 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 this 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, Florida Statutes; a sole
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proprietorship as defined in s. 440.02, Florida Statutes; or any
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other legal business entity, whether for profit or not for
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profit.
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(c) "Expenditure" means a payment that a state agency makes
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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 provides
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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 having Internet access to search
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for expenditure reports by governmental function, state agency,
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or 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), Florida
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Statutes.
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(b) To the extent possible, each state agency shall provide
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a link to an electronic copy of the contract. The portion of a
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public record that is confidential or exempt from inspection and
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copying shall be redacted prior to posting.
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Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.