CS for CS for SB 1796 First Engrossed 20091796e1 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 submit it 17 to the President of the Senate and the Speaker of the 18 House of Representatives; requiring all branches of 19 state government to establish allotments in the 20 Florida Accounting Information Resource Subsystem for 21 planned expenditures; requiring the committee to 22 coordinate with the Financial Management Information 23 Board in developing certain website information; 24 requiring governmental entities to provide information 25 as necessary; excepting certain small municipalities 26 and special districts from the requirements of the 27 act; requiring the Office of Policy and Budget in the 28 Executive Office of the Governor to ensure that all 29 data added to the website remains accessible to the 30 public for a certain time; requiring an annual report 31 to the Governor and Legislature on progress toward 32 establishing the website; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Subsection (4) of section 11.40, Florida 37 Statutes, is amended to read: 38 11.40 Legislative Auditing Committee.— 39 (4) The Legislative Auditing Committee: 40 (a) May take under investigation any matter within the 41 scope of an audit, review, or examination either completed or 42 then being conducted by the Auditor General or the Office of 43 Program Policy Analysis and Government Accountability, and, in 44 connection with such investigation, may exercise the powers of 45 subpoena by law vested in a standing committee of the 46 Legislature. 47 (b) Shall provide oversight and management of the website 48 developed pursuant to s. 215.985. 49 Section 2. Section 215.985, Florida Statutes, is created to 50 read: 51 215.985 Transparency in government spending.— 52 (1) This section may be cited as the “Transparency Florida 53 Act.” 54 (2) As used in this section, the term: 55 (a) “Governmental entity” means any state, regional, 56 county, municipal, special district, or other political 57 subdivision whether executive, judicial, or legislative, 58 including, but not limited to, any department, division, bureau, 59 commission, authority, district, or agency thereof, or any 60 public school district, community college, state university, or 61 associated board. 62 (b) “Website” means a site on the Internet which is easily 63 accessible to the public at no cost and does not require the 64 user to provide any information. 65 (c) “Committee” means the Legislative Auditing Committee 66 created in s. 11.40. 67 (3) The Executive Office of the Governor, in consultation 68 with the appropriation committees of the Senate and the House of 69 Representatives, shall establish a single website, directly 70 accessible through the state’s official Internet portal, which 71 provides information relating to each appropriation in the 72 General Appropriation Act for each branch of state government 73 and state agency. 74 (a) At a minimum, the information provided must include: 75 1. Disbursement data for each appropriation by the object 76 code associated with each expenditure established within the 77 Florida Accounting Information Resource Subsystem. Expenditure 78 data must include the name of the payee, the date of the 79 expenditure, the amount of the expenditure, and the statewide 80 document number. 81 2. For each appropriation, any adjustments, including 82 vetoes, approved supplemental appropriations included in 83 legislation other than the General Appropriations Act, budget 84 amendments, other actions approved pursuant to chapter 216, and 85 any other adjustments authorized by law. 86 3. Status of spending authority for each appropriation in 87 the approved operating budget, including released, unreleased, 88 reserved, and disbursed balances. 89 4. Position and rate information for positions provided in 90 the General Appropriations Act. 91 (b) All data provided through the website must be data 92 currently available in the state’s financial management 93 information system referenced in s. 215.93. 94 (4) The committee shall propose providing additional state 95 fiscal information, which may include, but is not limited to, 96 the following information for state agencies: 97 (a) Details of nonoperating budget authority established 98 pursuant to s. 216.181. 99 (b) Trust fund balance reports, including cash available, 100 investments, and receipts. 101 (c) General revenue fund balance reports, including revenue 102 received and amounts disbursed. 103 (d) Fixed capital outlay project data, including original 104 appropriation and disbursements throughout the life of the 105 project. 106 (e) A 10-year history of appropriations indicated by 107 agency. 108 (f) Links to state audits or reports related to the 109 expenditure and dispersal of state funds. 110 (g) Links to program or activity descriptions for which 111 funds may be expended. 112 (5) The committee shall recommend a format for collecting 113 and displaying information from state universities, public 114 schools, community colleges, local governmental units, and other 115 governmental entities receiving state appropriations. 116 (6) By March 1, 2010, the committee shall develop a 117 schedule for adding other information to the website by type of 118 information and governmental entity, including timeframes and 119 development entity. The schedule shall be submitted to the 120 President of the Senate and the Speaker of the House of 121 Representatives. Additional information may include: 122 (a) Disbursements by the governmental entity from funds 123 established within the treasury of the governmental entity, 124 including, for all branches of state government, allotment 125 balances in the Florida Accounting Information Resource 126 Subsystem. 127 (b) Revenues received by each governmental entity, 128 including receipts or deposits by the governmental entity into 129 funds established within the treasury of the governmental 130 entity. 131 (c) Information relating to a governmental entity’s bonded 132 indebtedness, including, but not limited to, the total amount of 133 obligation stated in terms of principal and interest, an 134 itemization of each obligation, the term of each obligation, the 135 source of funding for repayment of each obligation, the amounts 136 of principal and interest previously paid to reduce each 137 obligation, the balance remaining of each obligation, any 138 refinancing of any obligation, and the cited statutory authority 139 to issue such bonds. 140 (d) Links to available governmental entity websites. 141 (7) A counter shall be established on the website to show 142 the number of times the website has been accessed. 143 (8) By August 31 of each fiscal year, each executive branch 144 agency, the state court system, and the Legislature shall 145 establish allotments in the Florida Accounting Information 146 Resource Subsystem for planned expenditures of state 147 appropriations. 148 (9) The committee shall coordinate with the Financial 149 Management Information Board in developing any recommendations 150 for including information on the website which is necessary to 151 meet the requirements of s. 215.91(8). 152 (10) Functional owners as defined in s. 215.94 and other 153 governmental entities shall provide information necessary to 154 accomplish the purposes of this section. 155 (11) Any municipality or special district having a 156 population of 10,000 or fewer is exempt from this section. 157 Population determinations must be based on the most recent 158 population estimates prepared pursuant to s. 186.901. 159 (12) This section does not require or permit the disclosure 160 of information that is considered confidential by state or 161 federal law. 162 (13) The Office of Policy and Budget in the Executive 163 Office of the Governor shall ensure that all data added to the 164 website remains accessible to the public for 10 years. 165 (14) The committee shall prepare an annual report detailing 166 progress in establishing the single website and providing 167 recommendations for enhancement of the content and format of the 168 website and related policies and procedures. The first report 169 shall be submitted to the Governor, the President of the Senate, 170 and the Speaker of the House of Representatives by November 1, 171 2011, and annually by November 1 thereafter. 172 Section 3. This act shall take effect upon becoming a law.