1 | Representative Grant offered the following: |
2 |
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3 | Substitute Amendment for Amendment (420845) (with title |
4 | amendment) |
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 |
9 | executed by a reporting entity and a corporation or an |
10 | individual for the purchase of commodities or contractual |
11 | services which requires the expenditure of $25,000 or more. The |
12 | term excludes the contractual rights of state employees and |
13 | retirees who are members of the Florida Retirement System. |
14 | (b) "Corporation" means all corporations registered to do |
15 | business in this state, whether for profit or not for profit; |
16 | foreign corporations qualified to do business in this state or |
17 | actually doing business in this state, whether for profit or not |
18 | for profit; limited liability companies under chapter 608, |
19 | Florida Statutes; partnerships under chapter 620, Florida |
20 | Statutes; a sole proprietorship as defined in s. 440.02, Florida |
21 | Statutes; or any other legal business entity, whether for profit |
22 | or not for profit. |
23 | (c) "Expenditure" means a payment that a reporting entity |
24 | makes to a corporation or an individual under a contract. |
25 | (d) "Individual" means a person, but excludes an employee |
26 | of a reporting entity or an employee of the Federal Government |
27 | while acting in the capacity as employee. |
28 | (e) "Reporting entity" means any state officer, |
29 | department, board, commission, division, bureau, or council and |
30 | any other unit of organization, however designated, of the |
31 | executive branch of state government, and any water management |
32 | district, university or college board of trustees, and any state |
33 | university or college. |
34 | (2) The Executive Office of the Governor is directed to |
35 | develop and maintain a portal linking to the reporting entity |
36 | contract expenditures report maintained by the Department of |
37 | Financial Services and required under this section. |
38 | (3)(a) The Department of Financial Services is directed to |
39 | develop and maintain a contract expenditures report that |
40 | provides the following information: |
41 | 1. The name of the reporting entity that is a party to a |
42 | contract; |
43 | 2. The name of each corporation or individual who is a |
44 | party to a contract and whether the corporation is a minority |
45 | business 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 |
49 | the department in a searchable website containing a navigation |
50 | bar that allows an individual having Internet access to search |
51 | for expenditure reports by governmental function, reporting |
52 | entity, or appropriation category. |
53 | (4)(a) Each reporting entity, excluding water management |
54 | districts, university and college boards of trustees, and the |
55 | state universities and colleges, shall record each contract |
56 | executed between the reporting entity and a corporation or an |
57 | individual and each payment made under the contract along with |
58 | the contract number in the department's Florida Accounting and |
59 | Information Resources contract subsystem as provided in s. |
60 | 215.94(2), Florida Statutes. |
61 | (b) To the extent possible, each reporting entity shall |
62 | provide a link to an electronic copy of the contract. The |
63 | portion of a public record which is confidential or exempt from |
64 | inspection and copying shall be redacted prior to posting. |
65 | Section 12. This act shall take effect upon becoming a law |
66 | and shall apply to the 2008-2009 fiscal year and each fiscal |
67 | year thereafter. |
68 |
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69 | ----------------------------------------------------- |
70 | T I T L E A M E N D M E N T |
71 | Between lines 43 and 44, insert: |
72 | defining the terms "contract," "corporation," "expenditure," |
73 | "individual," and "reporting entity" for purposes of state |
74 | government contract reporting; providing that contractual rights |
75 | of state employees and retirees who are members of the Florida |
76 | Retirement System are not considered contracts; directing the |
77 | Executive Office of the Governor to develop and maintain a port |
78 | linking to the reporting entity contract expenditures report |
79 | maintained by the Department of Financial Services; directing |
80 | the department to develop and maintain a contract information |
81 | report containing specified information; directing that the |
82 | report be maintained by the department in a searchable website; |
83 | directing that access to the website be provided at no charge to |
84 | a user who has Internet access; directing each reporting entity |
85 | to record information relating to contracts between the |
86 | reporting entity and a corporation or an individual; providing |
87 | exceptions; directing each reporting entity to record payment |
88 | information on specified contracts in the Florida Accounting and |
89 | Information Resources contract subsystem; requiring that |
90 | electronic copies of contracts be provided in certain |
91 | circumstances; providing that portions of public records that |
92 | are confidential and exempt from inspection and copying shall be |
93 | redacted prior to posting; |