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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; providing that

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contractual rights of local government employees and

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retirees who are members of the Florida Retirement System

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or a local government retirement system are not considered

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contracts; 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 that have a website to electronically post

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contract information relating to certain contracts;

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providing that portions of a public record which are

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confidential and exempt shall be redacted prior to

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posting; requiring that access to the website be provided

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at no cost; requiring that electronic copies of contracts

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be 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; providing that

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contractual rights of state employees and retirees who are

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members of the Florida Retirement System are not

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considered contracts; directing the Executive Office of

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the Governor to develop and maintain a port linking to the

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state agency contract expenditures report maintained by

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the Department of Financial Services; directing the

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department of develop and maintain a contract information

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report containing specified information; directing that

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the report be maintained by the department in a searchable

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website; directing that access to the website be provided

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at no charge to a user who has Internet access; directing

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each state agency to record information relating to

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contracts between the agency and a corporation or an

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individual; directing each agency to record payment

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information on specified contracts in the Florida

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Accounting and Information Resources contract subsystem;

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requiring that electronic copies of contracts be provided

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in certain circumstances; providing that portions of

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public records which are confidential and exempt from

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inspection and copying shall be redacted prior to posting;

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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 local government and a corporation or an individual for the

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purchase of commodities or contractual services which requires

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the expenditure of $5,000 or more. The term excludes the

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contractual rights of local government employees and retirees who

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are members of the Florida Retirement System or who are members

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of a local government retirement system.

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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 local government or an employee of the Federal Government

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while acting in the capacity as employee.

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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. The

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portion of a public record that is confidential or exempt shall

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be redacted prior to posting.

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

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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 for the

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purchase of commodities or contractual services which requires

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the expenditure of $5,000 or more. The term excludes the

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contractual rights of state employees and retirees who are

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members of the Florida Retirement System.

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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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Florida Statutes; partnerships under chapter 620, Florida

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Statutes; a sole proprietorship as defined in s. 440.02, Florida

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Statutes; or any other legal business entity, whether for profit

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or not for 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 state agency or an employee of the Federal Government while

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acting in the capacity as employee.

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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 which 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.