Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1626
                                Barcode 112828                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/03/2012           .                                

       The Committee on Budget (Gaetz) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (i) of subsection (7) of
    6  section 11.45, Florida Statutes, are amended to read:
    7         11.45 Definitions; duties; authorities; reports; rules.—
    9         (a) The Auditor General must shall notify the Legislative
   10  Auditing Committee of any local governmental entity, district
   11  school board, charter school, or charter technical career center
   12  that does not comply with the reporting requirements of s.
   13  215.985 or s. 218.39.
   14         (i) Beginning in 2012, the Auditor General shall annually
   15  transmit by July 15, to the President of the Senate, the Speaker
   16  of the House of Representatives, and the Department of Financial
   17  Services, a list of all school districts, charter schools,
   18  charter technical career centers, Florida College System
   19  institutions, state universities, and water management districts
   20  that have failed to comply with the transparency requirements of
   21  s. 215.985 as identified in the audit reports reviewed pursuant
   22  to paragraph (b) and those conducted pursuant to subsection (2).
   23         Section 2. Subsection (16) of section 215.985, Florida
   24  Statutes, is amended to read
   25         215.985 Transparency in government spending.—
   26         (16) The Chief Financial Officer shall provide public
   27  access to a state contract management system that provides
   28  information and documentation relating to contracts procured by
   29  governmental entities.
   30         (a) Within 30 calendar days after executing a contract,
   31  each state agency as defined in s. 216.011(1) must post the
   32  following information and documentation relating to that
   33  contract on the contract management system:
   34         1. The name of the contracting entities;
   35         2. The procurement method;
   36         3. The contract beginning and ending dates;
   37         4. The nature or type of the commodities or services
   38  purchased;
   39         5. Applicable contract unit prices and deliverables;
   40         6. Total compensation to be paid or received under the
   41  contract;
   42         7. All payments made to the contract vendor to date;
   43         8. All commodities or services received from the contract
   44  vendor to date;
   45         9. Applicable contract performance measures;
   46         10. Contract extensions or renewals, if any;
   47         11. The justification for not using competitive
   48  solicitation to procure the contract, including citation to any
   49  statutory exemption or exception from competitive solicitation,
   50  if applicable; and
   51         12. Electronic copies of the contract and procurement
   52  documents that have been redacted to conceal exempt or
   53  confidential information.
   54         (a) The data collected in the system must include, but need
   55  not be limited to, the contracting agency; the procurement
   56  method; the contract beginning and ending dates; the type of
   57  commodity or service; the purpose of the commodity or service;
   58  the compensation to be paid; compliance information, such as
   59  performance metrics for the service or commodity; contract
   60  violations; the number of extensions or renewals; and the
   61  statutory authority for providing the service.
   62         (b) Within 30 calendar days after a major modification or
   63  amendment change to an existing contract, or the execution of a
   64  new contract, agency procurement staff of the affected state
   65  governmental entity must shall update the necessary information
   66  described in paragraph (a) in the state contract management
   67  system. A major modification or amendment change to a contract
   68  includes, but is not limited to, a renewal, termination, or
   69  extension of the contract, or an amendment to the contract.
   70         (c) Each entity identified in paragraph (a) must redact, as
   71  defined in s. 119.011, any exempt or confidential information
   72  from the contract or procurement documents before posting an
   73  electronic copy of such documents on the contract tracking
   74  system.
   75         1. If an entity becomes aware that an electronic copy of a
   76  contract or procurement document that it posted has not been
   77  properly redacted, the entity must replace the electronic copy
   78  of the documents with a redacted copy.
   79         2. If a party to a contract, or an authorized
   80  representative thereof, discovers that an electronic copy of a
   81  contract or procurement document on the system has not been
   82  properly redacted, the party or representative may request the
   83  entity that posted the document to redact the exempt or
   84  confidential information. Upon receipt of a request in
   85  compliance with this subparagraph, the entity that posted the
   86  document shall redact the exempt or confidential information.
   87         a. Such request must be in writing and delivered by mail,
   88  facsimile, or electronic transmission, or in person to the
   89  entity that posted the information. The request must identify
   90  the specific document, the page numbers that include the exempt
   91  or confidential information, the information that is exempt or
   92  confidential, and the relevant statutory exemption. A fee may
   93  not be charged for a redaction made pursuant to such request.
   94         b. If necessary, a party to the contract may petition the
   95  circuit court for an order directing compliance with this
   96  paragraph.
   97         3. The Chief Financial Officer, the Department of Financial
   98  Services, or any officer, employee, or contractor thereof, is
   99  not responsible for redacting exempt or confidential information
  100  from an electronic copy of a contract or procurement document
  101  posted by another entity on the system, and is not liable for
  102  the failure of the entity to redact the exempt or confidential
  103  information. The Department of Financial Services may notify the
  104  posting entity if it discovers that a document posted on the
  105  tracking system contains exempt or confidential information.
  106         (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
  107  Officer may make information posted on the contract tracking
  108  system available for viewing and downloading by the public
  109  through a secure website. Unless otherwise provided by law,
  110  information retrieved electronically pursuant to this paragraph
  111  is not admissible in court as an authenticated document.
  112         1. The Chief Financial Officer may regulate and prohibit
  113  the posting of records that could facilitate identity theft or
  114  fraud, such as signatures; compromise or reveal an agency
  115  investigation; reveal the identity of undercover personnel;
  116  reveal proprietary confidential business information or trade
  117  secrets; reveal an individual’s medical information; or reveal
  118  any other record or information that the Chief Financial Officer
  119  believes may jeopardize the health, safety, or welfare of the
  120  public. However, such prohibition does not eliminate the duty of
  121  an entity to provide a copy of a public record upon request. The
  122  Chief Financial Officer shall use appropriate Internet security
  123  measures to ensure that no person has the ability to alter or
  124  modify records available on the website.
  125         2. Records made available on the website, including
  126  electronic copies of contracts or procurement documents, may not
  127  reveal information made exempt or confidential by law. Notice of
  128  the right of an affected party to request redaction of exempt or
  129  confidential information pursuant to paragraph (c) must be
  130  conspicuously and clearly displayed on the website.
  131         (e) The posting of information on the contract tracking
  132  system or the provision of contract information on a website for
  133  public viewing and downloading does not eliminate the duty of an
  134  entity to respond to a public record request for such
  135  information or to a subpoena for such information.
  136         1. A request for a copy of a contract or procurement
  137  document or a certified copy of a contract or procurement
  138  document shall be made to the entity that is party to the
  139  contract. Such request may not be made to the Chief Financial
  140  Officer or the Department of Financial Services or any officer,
  141  employee, or contractor thereof unless the Chief Financial
  142  Officer or the department is a party to the contract.
  143         2. A subpoena for a copy of a contract or procurement
  144  document or certified copy of a contract or procurement document
  145  must be served on the entity that is a party to the contract and
  146  that maintains the original documents. The Chief Financial
  147  Officer or the Department of Financial Services or any officer,
  148  employee, or contractor thereof may not be served a subpoena for
  149  those records unless the Chief Financial Officer or the
  150  department is a party to the contract.
  151         (f) The Department of Financial Services may adopt rules to
  152  administer this subsection.
  153         Section 3. Section 216.0111, Florida Statutes, is repealed.
  154         Section 4. This act shall take effect July 1, 2012.
  156  ================= T I T L E  A M E N D M E N T ================
  157         And the title is amended as follows:
  158         Delete everything before the enacting clause
  159  and insert:
  160                        A bill to be entitled                      
  161         An act relating to state contracting; amending s.
  162         11.45, F.S.; conforming provisions to changes made by
  163         the act; amending s. 215.985, F.S.; revising
  164         provisions relating to the Chief Financial Officer’s
  165         intergovernmental contract tracking system under the
  166         Transparency Florida Act; requiring state agencies to
  167         post certain information in the tracking system and to
  168         update that information; requiring that exempt and
  169         confidential information be redacted from contracts
  170         and procurement documents posted on the system;
  171         authorizing the Chief Financial Officer to make
  172         available the information posted on the system to the
  173         public through a secure website; authorizing the
  174         Department of Financial Services to adopt rules;
  175         repealing s. 216.0111, F.S., relating to a requirement
  176         that state agencies report certain contract
  177         information to the Department of Financial Services
  178         and transferring that requirement to s. 215.985, F.S.;
  179         providing an effective date.