Florida Senate - 2012 CS for CS for CS for SB 1626
By the Committees on Budget; Governmental Oversight and
Accountability; and Banking and Insurance; and Senator Gaetz
1 A bill to be entitled
2 An act relating to state contracting; amending s.
3 11.45, F.S.; conforming provisions to changes made by
4 the act; amending s. 215.985, F.S.; revising
5 provisions relating to the Chief Financial Officer’s
6 intergovernmental contract tracking system under the
7 Transparency Florida Act; requiring state agencies to
8 post certain information in the tracking system and to
9 update that information; requiring that exempt and
10 confidential information be redacted from contracts
11 and procurement documents posted on the system;
12 authorizing the Chief Financial Officer to make
13 available the information posted on the system to the
14 public through a secure website; authorizing the
15 Department of Financial Services to adopt rules;
16 repealing s. 216.0111, F.S., relating to a requirement
17 that state agencies report certain contract
18 information to the Department of Financial Services
19 and transferring that requirement to s. 215.985, F.S.;
20 authorizing a state agency, a special district, or a
21 local government to competitively bid professional
22 services; providing a procedure for considering
23 proposals for the selection of competing firms or
24 vendors; requiring that each agency adopt rules;
25 providing an effective date.
27 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Paragraphs (a) and (i) of subsection (7) of
30 section 11.45, Florida Statutes, are amended to read:
31 11.45 Definitions; duties; authorities; reports; rules.—
32 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
33 (a) The Auditor General must
shall notify the Legislative
34 Auditing Committee of any local governmental entity, district
35 school board, charter school, or charter technical career center
36 that does not comply with the reporting requirements of s.
37 215.985 or s. 218.39.
38 (i) Beginning in 2012, the Auditor General shall annually
39 transmit by July 15, to the President of the Senate, the Speaker
40 of the House of Representatives, and the Department of Financial
41 Services, a list of all school districts, charter schools,
42 charter technical career centers, Florida College System
43 institutions, state universities, and water management districts
44 that have failed to comply with the transparency requirements of
45 s. 215.985 as identified in the audit reports reviewed pursuant
46 to paragraph (b) and those conducted pursuant to subsection (2).
47 Section 2. Subsection (16) of section 215.985, Florida
48 Statutes, is amended to read
49 215.985 Transparency in government spending.—
50 (16) The Chief Financial Officer shall provide public
51 access to a state contract management system that provides
52 information and documentation relating to contracts procured by
53 governmental entities.
54 (a) Within 30 calendar days after executing a contract,
55 each state agency as defined in s. 216.011(1) must post the
56 following information and documentation relating to that
57 contract on the contract management system:
58 1. The name of the contracting entities;
59 2. The procurement method;
60 3. The contract beginning and ending dates;
61 4. The nature or type of the commodities or services
63 5. Applicable contract unit prices and deliverables;
64 6. Total compensation to be paid or received under the
66 7. All payments made to the contract vendor to date;
67 8. All commodities or services received from the contract
68 vendor to date;
69 9. Applicable contract performance measures;
70 10. Contract extensions or renewals, if any;
71 11. The justification for not using competitive
72 solicitation to procure the contract, including citation to any
73 statutory exemption or exception from competitive solicitation,
74 if applicable; and
75 12. Electronic copies of the contract and procurement
76 documents that have been redacted to conceal exempt or
77 confidential information.
78 (a) The data collected in the system must include, but need
79 not be limited to, the contracting agency; the procurement
80 method; the contract beginning and ending dates; the type of
81 commodity or service; the purpose of the commodity or service;
82 the compensation to be paid; compliance information, such as
83 performance metrics for the service or commodity; contract
84 violations; the number of extensions or renewals; and the
85 statutory authority for providing the service.
86 (b) Within 30 calendar days after a major modification or
87 amendment change to an existing contract, or the execution of a
88 new contract, agency procurement staff of the affected state
89 governmental entity must shall update the necessary information
90 described in paragraph (a) in the state contract management
91 system. A major modification or amendment change to a contract
92 includes, but is not limited to, a renewal, termination, or
93 extension of the contract, or an amendment to the contract.
94 (c) Each entity identified in paragraph (a) must redact, as
95 defined in s. 119.011, any exempt or confidential information
96 from the contract or procurement documents before posting an
97 electronic copy of such documents on the contract tracking
99 1. If an entity becomes aware that an electronic copy of a
100 contract or procurement document that it posted has not been
101 properly redacted, the entity must replace the electronic copy
102 of the documents with a redacted copy.
103 2. If a party to a contract, or an authorized
104 representative thereof, discovers that an electronic copy of a
105 contract or procurement document on the system has not been
106 properly redacted, the party or representative may request the
107 entity that posted the document to redact the exempt or
108 confidential information. Upon receipt of a request in
109 compliance with this subparagraph, the entity that posted the
110 document shall redact the exempt or confidential information.
111 a. Such request must be in writing and delivered by mail,
112 facsimile, or electronic transmission, or in person to the
113 entity that posted the information. The request must identify
114 the specific document, the page numbers that include the exempt
115 or confidential information, the information that is exempt or
116 confidential, and the relevant statutory exemption. A fee may
117 not be charged for a redaction made pursuant to such request.
118 b. If necessary, a party to the contract may petition the
119 circuit court for an order directing compliance with this
121 3. The Chief Financial Officer, the Department of Financial
122 Services, or any officer, employee, or contractor thereof, is
123 not responsible for redacting exempt or confidential information
124 from an electronic copy of a contract or procurement document
125 posted by another entity on the system, and is not liable for
126 the failure of the entity to redact the exempt or confidential
127 information. The Department of Financial Services may notify the
128 posting entity if it discovers that a document posted on the
129 tracking system contains exempt or confidential information.
130 (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
131 Officer may make information posted on the contract tracking
132 system available for viewing and downloading by the public
133 through a secure website. Unless otherwise provided by law,
134 information retrieved electronically pursuant to this paragraph
135 is not admissible in court as an authenticated document.
136 1. The Chief Financial Officer may regulate and prohibit
137 the posting of records that could facilitate identity theft or
138 fraud, such as signatures; compromise or reveal an agency
139 investigation; reveal the identity of undercover personnel;
140 reveal proprietary confidential business information or trade
141 secrets; reveal an individual’s medical information; or reveal
142 any other record or information that the Chief Financial Officer
143 believes may jeopardize the health, safety, or welfare of the
144 public. However, such prohibition does not eliminate the duty of
145 an entity to provide a copy of a public record upon request. The
146 Chief Financial Officer shall use appropriate Internet security
147 measures to ensure that no person has the ability to alter or
148 modify records available on the website.
149 2. Records made available on the website, including
150 electronic copies of contracts or procurement documents, may not
151 reveal information made exempt or confidential by law. Notice of
152 the right of an affected party to request redaction of exempt or
153 confidential information pursuant to paragraph (c) must be
154 conspicuously and clearly displayed on the website.
155 (e) The posting of information on the contract tracking
156 system or the provision of contract information on a website for
157 public viewing and downloading does not eliminate the duty of an
158 entity to respond to a public record request for such
159 information or to a subpoena for such information.
160 1. A request for a copy of a contract or procurement
161 document or a certified copy of a contract or procurement
162 document shall be made to the entity that is party to the
163 contract. Such request may not be made to the Chief Financial
164 Officer or the Department of Financial Services or any officer,
165 employee, or contractor thereof unless the Chief Financial
166 Officer or the department is a party to the contract.
167 2. A subpoena for a copy of a contract or procurement
168 document or certified copy of a contract or procurement document
169 must be served on the entity that is a party to the contract and
170 that maintains the original documents. The Chief Financial
171 Officer or the Department of Financial Services or any officer,
172 employee, or contractor thereof may not be served a subpoena for
173 those records unless the Chief Financial Officer or the
174 department is a party to the contract.
175 (f) The Department of Financial Services may adopt rules to
176 administer this subsection.
177 Section 3. Section 216.0111, Florida Statutes, is repealed.
178 Section 4. Notwithstanding any law to the contrary, a state
179 agency, a special district, or a local government may seek
180 competitive bids for professional services. During the initial
181 stage of this selection process, proposals shall be evaluated on
182 the basis of the compensation proposed by the competing firms or
183 vendors to provide professional services. A proposal shall then
184 be evaluated on the basis of any other qualifications the
185 agency, special district, or local government deems applicable
186 to the selection of a qualified firm or vendor. Each agency that
187 is subject to chapter 120, Florida Statutes, shall adopt rules
188 for the competitive bidding of professional services.
189 Section 5. This act shall take effect July 1, 2012.