Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1796
       
       
       
       
       
                                Barcode 728522                          
       
       576-02825A-09                                                   
       Proposed Committee Substitute by the Policy and Steering
       Committee on Ways and Means
    1                        A bill to be entitled                      
    2         An act relating to governmental financial information;
    3         amending s. 11.40, F.S.; directing the Legislative
    4         Auditing Committee to provide oversight and management
    5         of a state website providing information on
    6         governmental appropriations and expenditures; creating
    7         s. 215.985, F.S.; providing a short title; providing
    8         definitions; requiring the Executive Office of the
    9         Governor to establish a website providing information
   10         relating to each appropriation in the General
   11         Appropriations Act; requiring the committee to propose
   12         providing additional state information and a format
   13         for collecting and displaying information from other
   14         governmental entities on the website; requiring the
   15         committee to develop a schedule by a certain date for
   16         adding other information to the website and submitting
   17         it to the Legislative Budget Commission for approval;
   18         requiring all branches of state government to
   19         establish allotments in the Florida Accounting
   20         Information Resource Subsystem for planned
   21         expenditures; requiring the committee to coordinate
   22         with the Financial Management Information Board in
   23         developing certain website information; requiring
   24         governmental entities to provide information as
   25         necessary; excepting certain small municipalities from
   26         the requirements of the act; requiring an annual
   27         report to the Governor and Legislature on progress
   28         toward establishing the website; providing an
   29         effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (4) of section 11.40, Florida
   34  Statutes, is amended to read:
   35         11.40 Legislative Auditing Committee.—
   36         (4) The Legislative Auditing Committee:
   37         (a) May take under investigation any matter within the
   38  scope of an audit, review, or examination either completed or
   39  then being conducted by the Auditor General or the Office of
   40  Program Policy Analysis and Government Accountability, and, in
   41  connection with such investigation, may exercise the powers of
   42  subpoena by law vested in a standing committee of the
   43  Legislature.
   44         (b)Shall provide oversight and management of the website
   45  developed pursuant to s. 215.985.
   46         Section 2. Section 215.985, Florida Statutes, is created to
   47  read:
   48         215.985Transparency in government spending.—
   49         (1) This section may be cited as the “Transparency Florida
   50  Act.”
   51         (2) As used in this section, the term:
   52         (a) “Governmental entity” means any state, regional,
   53  county, municipal, special district, or other political
   54  subdivision whether executive, judicial, or legislative,
   55  including, but not limited to, any department, division, bureau,
   56  commission, authority, district, or agency thereof or any public
   57  school district, community college, state university, or
   58  associated board.
   59         (b) “Website” means a site on the Internet which is easily
   60  accessible to the public at no cost and does not require the
   61  user to provide any information.
   62         (c)“Committee” means the Legislative Auditing Committee
   63  created in s. 11.40.
   64         (3) The Executive Office of the Governor, in consultation
   65  with the appropriation committees of the Senate and the House of
   66  Representatives, shall establish a single website, directly
   67  accessible through the state’s official Internet portal, which
   68  provides information relating to each appropriation in the
   69  General Appropriation Act for each branch of state government
   70  and state agency.
   71         (a)At a minimum, the information provided must include:
   72         1. Disbursement data for each appropriation by the object
   73  code associated with each expenditure established within the
   74  Florida Accounting Information Resource Subsystem. Expenditure
   75  data must include the name of the payee, the date of the
   76  expenditure, the amount of the expenditure, and the warrant
   77  number.
   78         2.For each appropriation, any adjustments including
   79  vetoes, approved supplemental appropriations included in
   80  legislation other than the General Appropriations Act, budget
   81  amendments, other actions approved pursuant to chapter 216, and
   82  any other adjustments authorized by law.
   83         3.Status of spending authority for each appropriation in
   84  the approved operating budget, including released, unreleased,
   85  reserved, and disbursed balances.
   86         4.Position and rate information for positions provided in
   87  the General Appropriations Act.
   88         (b)All data provided through the website must be data
   89  currently available in the state’s financial management
   90  information system referenced in s. 215.93.
   91         (4)The committee shall propose providing additional state
   92  fiscal information, which may include, but is not limited to,
   93  the following information for state agencies:
   94         (a)Details of nonoperating budget authority established
   95  pursuant to s. 216.181.
   96         (b)Trust fund balance reports, including cash available,
   97  investments, and receipts.
   98         (c)General revenue fund balance reports, including revenue
   99  received and amounts disbursed.
  100         (d)Fixed capital outlay project data, including original
  101  appropriation and disbursements throughout the life of the
  102  project.
  103         (e)A 10-year history of appropriations indicated by
  104  agency.
  105         (5)The committee shall recommend a format for collecting
  106  and displaying information from state universities, public
  107  schools, community colleges, local governmental units, and other
  108  governmental entities receiving state appropriations.
  109         (6)By March 1, 2010, the committee shall develop a
  110  schedule for adding other information to the website by type of
  111  information and governmental entity, including timeframes and
  112  development entity. The schedule shall be submitted for approval
  113  to the Legislative Budget Commission. Additional information may
  114  include:
  115         (a) Disbursements by the governmental entity from funds
  116  established within the treasury of the governmental entity,
  117  including, for all branches of state government, allotment
  118  balances in the Florida Accounting Information Resource
  119  Subsystem.
  120         (b)Revenues received by each governmental entity,
  121  including receipts or deposits by the governmental entity into
  122  funds established within the treasury of the governmental
  123  entity.
  124         (c)Information relating to a governmental entity’s bonded
  125  indebtedness, including, but not limited to, the total amount of
  126  obligation stated in terms of principal and interest, an
  127  itemization of each obligation, the term of each obligation, the
  128  source of funding for repayment of each obligation, the amounts
  129  of principal and interest previously paid to reduce each
  130  obligation, the balance remaining of each obligation, any
  131  refinancing of any obligation, and the cited statutory authority
  132  to issue such bonds.
  133         (d) Links to available governmental entity websites.
  134         (7)A counter shall be established on the website to show
  135  the number of times the website has been accessed.
  136         (8)By July 1, 2009, all branches of state government shall
  137  establish allotments in the Florida Accounting Information
  138  Resource Subsystem for planned expenditures of state
  139  appropriations.
  140         (9)The committee shall coordinate with the Financial
  141  Management Information Board in developing any recommendations
  142  for including information on the website which is necessary to
  143  meet the requirements of s. 215.91(8).
  144         (10) Functional owners as defined in s. 215.94 and other
  145  governmental entities shall provide information necessary to
  146  accomplish the purposes of this section.
  147         (11)Any municipality having a population of 10,000 or
  148  fewer is exempt from this section. Population determinations
  149  must be based on the most recent population estimates prepared
  150  pursuant to s. 186.901.
  151         (12) This section does not require or permit the disclosure
  152  of information that is considered confidential by state or
  153  federal law.
  154         (13) The committee shall prepare an annual report detailing
  155  progress in establishing the single website and providing
  156  recommendations for enhancement of the content and format of the
  157  website and related policies and procedures. The first report
  158  shall be submitted to the Governor, the President of the Senate,
  159  and the Speaker of the House of Representatives by November 1,
  160  2011, and annually by November 1 thereafter.
  161         Section 3. This act shall take effect upon becoming a law.