CS/HB 971

1	A bill to be entitled
2	An act relating to transparency in government spending;
3	creating s. 215.985, F.S.; providing a short title;
4	providing definitions; requiring the Executive Office of
5	the Governor, in consultation with specified legislative
6	committees, to establish a specified website; requiring
7	the Joint Legislative Auditing Committee to oversee and
8	manage the website; requiring the website to include
9	specified information relating to governmental entities;
10	specifying requirements for data submission; requiring the
11	committee to develop a format for collecting and posting
12	specified information; requiring the committee to develop
13	a plan and submit the plan to the Governor and the
14	Legislature by a specified date; providing plan
15	requirements; requiring functional owners and governmental
16	entities to provide certain information; providing an
17	exemption for specified local governments; providing an
18	exemption for specified information; requiring the
19	committee to prepare an annual report; providing report
20	requirements; requiring the report to be submitted to the
21	Governor and the Legislature by a specified date;
22	authorizing the committee to adopt rules for
23	implementation; amending s. 11.40, F.S.; requiring the
24	Joint Legislative Auditing Committee to oversee and manage
25	the website; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 215.985, Florida Statutes, is created
30	to read:
31	215.985  Transparency in government spending.--
32	(1)  This section may be cited as the "Transparency Florida
33	Act."
34	(2)  As used in this section:
35	(a)  "Committee" means the Joint Legislative Auditing
36	Committee as created in s. 11.40.
37	(b)  "Governmental entity" means any state, regional,
38	county, municipal, special district, or other local governmental
39	entity of this state, whether executive, judicial, or
40	legislative, including, but not limited to, any department,
41	division, bureau, commission, authority, district, or agency
42	thereof or any public school district, community college, state
43	university, or board associated therewith.
44	(c)  "Website" means a website that is easily accessible to
45	the public at no cost and does not require the user to provide
46	any information.
47	(3)(a)  The Executive Office of the Governor, in
48	consultation with the appropriation committees of the Senate and
49	the House of Representatives, shall establish as soon as
50	possible a single website directly accessible through the
51	official Internet portal of the state that includes access to
52	information for each governmental entity.
53	(b)  The Joint Legislative Auditing Committee shall oversee
54	and manage the website.
55	(c)  The website shall include a counter to show the number
56	of times the website has been accessed.
57	(4)  Access to information for each state agency and each
58	branch of state government shall include, but is not limited to:
59	(a)  Disbursement data for each state agency and each
60	branch of state government by object code associated with each
61	expenditure as established within the Florida Accounting
62	Information Resource (FLAIR) system, which shall be available to
63	the public for each appropriation provided in the General
64	Appropriations Act. Expenditure data shall include the name of
65	the payee, the date of the expenditure, the amount of the
66	expenditure, the warrant number, and the associated object code.
67	(b)  Appropriations from the General Appropriations Act and
68	any adjustments, including vetoes, approved supplemental
69	appropriations included in legislation other than the General
70	Appropriations Act, budget amendments, and other approved
71	actions pursuant to chapter 216, and any other adjustments
72	authorized by law.
73	(c)  Status of spending authority for each appropriation in
74	the approved operating budget, including released, unreleased,
75	reserved, and disbursed balances.
76	(d)  Position and rate information for positions provided
77	in the General Appropriations Act.
78	(5)  Access to additional information as recommended by the
79	committee for each state agency and each branch of state
80	government may include, but is not limited to:
81	(a)  Detail of nonoperating budget authority established
82	pursuant to s. 216.181.
83	(b)  Trust fund balance reports, including cash available,
84	investments, and receipts.
85	(c)  General revenue fund balance reports, including
86	revenue received and amounts disbursed.
87	(d)  Fixed capital outlay project data, including the
88	original appropriation amount and any disbursements made
89	throughout the life of the project.
90	(e)  A 10-year history of appropriations from the General
91	Appropriations Act.
92	(6)  The committee shall develop a format for collecting
93	and posting information from public school districts, community
94	colleges, state universities, and other governmental entities
95	receiving state appropriations.
96	(7)  All data shall be provided pursuant to s. 215.93,
97	subject to any exemptions provided by state and federal law.
98	(8)  By March 1, 2010, the committee shall submit to the
99	Governor, the President of the Senate, and the Speaker of the
100	House of Representatives a plan to provide access to information
101	for all other governmental entities, including a schedule for
102	phasing in the addition of such information. Access to
103	information for all other governmental entities shall include,
104	but is not limited to:
105	(a)  Disbursements made by each governmental entity from
106	funds established within the treasury of the governmental
107	entity.
108	(b)  Revenues received by each governmental entity,
109	including receipts or deposits by the governmental entity into
110	funds established within the treasury of the governmental
111	entity.
112	(c)  Bonded indebtedness information for each governmental
113	entity, including, but not limited to, the total amount of
114	obligation stated in terms of principal and interest, including
115	an itemization of each obligation, the term of each obligation,
116	the source of funding for repayment of each obligation, the
117	amounts of principal and interest previously paid to reduce each
118	obligation, the balance remaining of each obligation, any
119	refinancing of any obligation, and the cited statutory authority
120	to issue such bonds.
121	(d)  Links to available governmental entity websites.
122	(9)  All functional owners, as defined s. 215.94, and
123	governmental entities shall provide information necessary to the
124	committee to accomplish the purposes of this section.
125	(10)  Any municipality having a population of 10,000 or
126	less, including any agency thereof, is exempt from this section.
127	Population figures used for the purposes of this subsection
128	shall be the most recent population estimates prepared pursuant
129	to s. 186.901.
130	(11)  This section does not permit or require the
131	disclosure of information that is considered confidential by
132	state or federal law.
133	(12)  The committee shall prepare an annual report
134	detailing the progress in implementing the single website and
135	providing recommendations for enhancement of the content and
136	format of the single website and related policies and
137	procedures. The report shall be submitted to the Governor, the
138	President of the Senate, and the Speaker of the House of
139	Representatives no later than November 1, 2011, and November 1 of
140	each year thereafter.
141	(13)  The committee may adopt rules to implement this
142	section.
143	Section 2.  Subsection (7) is added to section 11.40,
144	Florida Statutes, to read:
145	11.40  Legislative Auditing Committee.--
146	(7)  The committee shall oversee and manage the
147	Transparency Florida website pursuant to s. 215.985.
148	Section 3.  This act shall take effect July 1, 2009.

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