Amendment
Bill No. CS/HB 7123
Amendment No. 450695
CHAMBER ACTION
Senate House
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1Representative Grant offered the following:
2
3     Substitute Amendment for Amendment (420845) (with title
4amendment)
5     Remove lines 811-812 and insert:
6     Section 11.  State government transparency; contracts.--
7     (1)  As used in this section, the term:
8     (a)  "Contract" means any legally binding agreement
9executed by a reporting entity and a corporation or an
10individual for the purchase of commodities or contractual
11services which requires the expenditure of $25,000 or more. The
12term excludes the contractual rights of state employees and
13retirees who are members of the Florida Retirement System.
14     (b)  "Corporation" means all corporations registered to do
15business in this state, whether for profit or not for profit;
16foreign corporations qualified to do business in this state or
17actually doing business in this state, whether for profit or not
18for profit; limited liability companies under chapter 608,
19Florida Statutes; partnerships under chapter 620, Florida
20Statutes; a sole proprietorship as defined in s. 440.02, Florida
21Statutes; or any other legal business entity, whether for profit
22or not for profit.
23     (c)  "Expenditure" means a payment that a reporting entity
24makes to a corporation or an individual under a contract.
25     (d)  "Individual" means a person, but excludes an employee
26of a reporting entity or an employee of the Federal Government
27while acting in the capacity as employee.
28     (e)  "Reporting entity" means any state officer,
29department, board, commission, division, bureau, or council and
30any other unit of organization, however designated, of the
31executive branch of state government, and any water management
32district, university or college board of trustees, and any state
33university or college.
34     (2)  The Executive Office of the Governor is directed to
35develop and maintain a portal linking to the reporting entity
36contract expenditures report maintained by the Department of
37Financial Services and required under this section.
38     (3)(a)  The Department of Financial Services is directed to
39develop and maintain a contract expenditures report that
40provides the following information:
41     1.  The name of the reporting entity that is a party to a
42contract;
43     2.  The name of each corporation or individual who is a
44party to a contract and whether the corporation is a minority
45business enterprise as defined in s. 288.703, Florida Statutes;
46     3.  The date, amount, and purpose of the contract; and
47     4.  Each expenditure made under the contract.
48     (b)  The contract expenditures report must be maintained by
49the department in a searchable website containing a navigation
50bar that allows an individual having Internet access to search
51for expenditure reports by governmental function, reporting
52entity, or appropriation category.
53     (4)(a)  Each reporting entity, excluding water management
54districts, university and college boards of trustees, and the
55state universities and colleges, shall record each contract
56executed between the reporting entity and a corporation or an
57individual and each payment made under the contract along with
58the contract number in the department's Florida Accounting and
59Information Resources contract subsystem as provided in s.
60215.94(2), Florida Statutes.
61     (b)  To the extent possible, each reporting entity shall
62provide a link to an electronic copy of the contract. The
63portion of a public record which is confidential or exempt from
64inspection and copying shall be redacted prior to posting.
65     Section 12.  This act shall take effect upon becoming a law
66and shall apply to the 2008-2009 fiscal year and each fiscal
67year thereafter.
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T I T L E  A M E N D M E N T
71     Between lines 43 and 44, insert:
72defining the terms "contract," "corporation," "expenditure,"
73"individual," and "reporting entity" for purposes of state
74government contract reporting; providing that contractual rights
75of state employees and retirees who are members of the Florida
76Retirement System are not considered contracts; directing the
77Executive Office of the Governor to develop and maintain a port
78linking to the reporting entity contract expenditures report
79maintained by the Department of Financial Services; directing
80the department to develop and maintain a contract information
81report containing specified information; directing that the
82report be maintained by the department in a searchable website;
83directing that access to the website be provided at no charge to
84a user who has Internet access; directing each reporting entity
85to record information relating to contracts between the
86reporting entity and a corporation or an individual; providing
87exceptions; directing each reporting entity to record payment
88information on specified contracts in the Florida Accounting and
89Information Resources contract subsystem; requiring that
90electronic copies of contracts be provided in certain
91circumstances; providing that portions of public records that
92are confidential and exempt from inspection and copying shall be
93redacted prior to posting;


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