CS for CS for CS for SB 1626                     First Engrossed
    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         providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Paragraphs (a) and (i) of subsection (7) of
   25  section 11.45, Florida Statutes, are amended to read:
   26         11.45 Definitions; duties; authorities; reports; rules.—
   28         (a) The Auditor General must shall notify the Legislative
   29  Auditing Committee of any local governmental entity, district
   30  school board, charter school, or charter technical career center
   31  that does not comply with the reporting requirements of s.
   32  215.985 or s. 218.39.
   33         (i) Beginning in 2012, the Auditor General shall annually
   34  transmit by July 15, to the President of the Senate, the Speaker
   35  of the House of Representatives, and the Department of Financial
   36  Services, a list of all school districts, charter schools,
   37  charter technical career centers, Florida College System
   38  institutions, state universities, and water management districts
   39  that have failed to comply with the transparency requirements of
   40  s. 215.985 as identified in the audit reports reviewed pursuant
   41  to paragraph (b) and those conducted pursuant to subsection (2).
   42         Section 2. Subsection (16) of section 215.985, Florida
   43  Statutes, is amended to read
   44         215.985 Transparency in government spending.—
   45         (16) The Chief Financial Officer shall provide public
   46  access to a state contract management system that provides
   47  information and documentation relating to contracts procured by
   48  governmental entities.
   49         (a) Within 30 calendar days after executing a contract,
   50  each state agency as defined in s. 216.011(1) must post the
   51  following information and documentation relating to that
   52  contract on the contract management system:
   53         1. The name of the contracting entities;
   54         2. The procurement method;
   55         3. The contract beginning and ending dates;
   56         4. The nature or type of the commodities or services
   57  purchased;
   58         5. Applicable contract unit prices and deliverables;
   59         6. Total compensation to be paid or received under the
   60  contract;
   61         7. All payments made to the contract vendor to date;
   62         8. All commodities or services received from the contract
   63  vendor to date;
   64         9. Applicable contract performance measures;
   65         10. Contract extensions or renewals, if any;
   66         11. The justification for not using competitive
   67  solicitation to procure the contract, including citation to any
   68  statutory exemption or exception from competitive solicitation,
   69  if applicable; and
   70         12. Electronic copies of the contract and procurement
   71  documents that have been redacted to conceal exempt or
   72  confidential information.
   73         (a) The data collected in the system must include, but need
   74  not be limited to, the contracting agency; the procurement
   75  method; the contract beginning and ending dates; the type of
   76  commodity or service; the purpose of the commodity or service;
   77  the compensation to be paid; compliance information, such as
   78  performance metrics for the service or commodity; contract
   79  violations; the number of extensions or renewals; and the
   80  statutory authority for providing the service.
   81         (b) Within 30 calendar days after a major modification or
   82  amendment change to an existing contract, or the execution of a
   83  new contract, agency procurement staff of the affected state
   84  governmental entity must shall update the necessary information
   85  described in paragraph (a) in the state contract management
   86  system. A major modification or amendment change to a contract
   87  includes, but is not limited to, a renewal, termination, or
   88  extension of the contract, or an amendment to the contract.
   89         (c) Each entity identified in paragraph (a) must redact, as
   90  defined in s. 119.011, any exempt or confidential information
   91  from the contract or procurement documents before posting an
   92  electronic copy of such documents on the contract tracking
   93  system.
   94         1. If an entity becomes aware that an electronic copy of a
   95  contract or procurement document that it posted has not been
   96  properly redacted, the entity must replace the electronic copy
   97  of the documents with a redacted copy.
   98         2. If a party to a contract, or an authorized
   99  representative thereof, discovers that an electronic copy of a
  100  contract or procurement document on the system has not been
  101  properly redacted, the party or representative may request the
  102  entity that posted the document to redact the exempt or
  103  confidential information. Upon receipt of a request in
  104  compliance with this subparagraph, the entity that posted the
  105  document shall redact the exempt or confidential information.
  106         a. Such request must be in writing and delivered by mail,
  107  facsimile, or electronic transmission, or in person to the
  108  entity that posted the information. The request must identify
  109  the specific document, the page numbers that include the exempt
  110  or confidential information, the information that is exempt or
  111  confidential, and the relevant statutory exemption. A fee may
  112  not be charged for a redaction made pursuant to such request.
  113         b. If necessary, a party to the contract may petition the
  114  circuit court for an order directing compliance with this
  115  paragraph.
  116         3. The Chief Financial Officer, the Department of Financial
  117  Services, or any officer, employee, or contractor thereof, is
  118  not responsible for redacting exempt or confidential information
  119  from an electronic copy of a contract or procurement document
  120  posted by another entity on the system, and is not liable for
  121  the failure of the entity to redact the exempt or confidential
  122  information. The Department of Financial Services may notify the
  123  posting entity if it discovers that a document posted on the
  124  tracking system contains exempt or confidential information.
  125         (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
  126  Officer may make information posted on the contract tracking
  127  system available for viewing and downloading by the public
  128  through a secure website. Unless otherwise provided by law,
  129  information retrieved electronically pursuant to this paragraph
  130  is not admissible in court as an authenticated document.
  131         1. The Chief Financial Officer may regulate and prohibit
  132  the posting of records that could facilitate identity theft or
  133  fraud, such as signatures; compromise or reveal an agency
  134  investigation; reveal the identity of undercover personnel;
  135  reveal proprietary confidential business information or trade
  136  secrets; reveal an individual’s medical information; or reveal
  137  any other record or information that the Chief Financial Officer
  138  believes may jeopardize the health, safety, or welfare of the
  139  public. However, such prohibition does not eliminate the duty of
  140  an entity to provide a copy of a public record upon request. The
  141  Chief Financial Officer shall use appropriate Internet security
  142  measures to ensure that no person has the ability to alter or
  143  modify records available on the website.
  144         2. Records made available on the website, including
  145  electronic copies of contracts or procurement documents, may not
  146  reveal information made exempt or confidential by law. Notice of
  147  the right of an affected party to request redaction of exempt or
  148  confidential information pursuant to paragraph (c) must be
  149  conspicuously and clearly displayed on the website.
  150         (e) The posting of information on the contract tracking
  151  system or the provision of contract information on a website for
  152  public viewing and downloading does not eliminate the duty of an
  153  entity to respond to a public record request for such
  154  information or to a subpoena for such information.
  155         1. A request for a copy of a contract or procurement
  156  document or a certified copy of a contract or procurement
  157  document shall be made to the entity that is party to the
  158  contract. Such request may not be made to the Chief Financial
  159  Officer or the Department of Financial Services or any officer,
  160  employee, or contractor thereof unless the Chief Financial
  161  Officer or the department is a party to the contract.
  162         2. A subpoena for a copy of a contract or procurement
  163  document or certified copy of a contract or procurement document
  164  must be served on the entity that is a party to the contract and
  165  that maintains the original documents. The Chief Financial
  166  Officer or the Department of Financial Services or any officer,
  167  employee, or contractor thereof may not be served a subpoena for
  168  those records unless the Chief Financial Officer or the
  169  department is a party to the contract.
  170         (f) The Department of Financial Services may adopt rules to
  171  administer this subsection.
  172         Section 3. Section 216.0111, Florida Statutes, is repealed.
  173         Section 4. This act shall take effect July 1, 2012.