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: 48 215.985 Transparency 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.