Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS for CS for HB 195
Senate . House
Senator Garcia moved the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 215.971, Florida
6 Statutes, is amended to read:
7 215.971 Agreements funded with federal or state
9 (1)(a) An agency agreement that provides state financial
10 assistance to a recipient or subrecipient, as those terms are
11 defined in s. 215.97, or that provides federal financial
12 assistance to a subrecipient, as defined by applicable United
13 States Office of Management and Budget circulars, must include
14 all of the following:
(a) A provision specifying a scope of work that clearly
16 establishes the tasks that the recipient or subrecipient is
17 required to perform.
18 2. (b) A provision dividing the agreement into quantifiable
19 units of deliverables that must be received and accepted in
20 writing by the agency before payment. Each deliverable must be
21 directly related to the scope of work and specify the required
22 minimum level of service to be performed and the criteria for
23 evaluating the successful completion of each deliverable.
24 3. (c) A provision specifying the financial consequences
25 that apply if the recipient or subrecipient fails to perform the
26 minimum level of service required by the agreement. The
27 provision can be excluded from the agreement only if financial
28 consequences are prohibited by the federal agency awarding the
29 grant. Funds refunded to a state agency from a recipient or
30 subrecipient for failure to perform as required under the
31 agreement may be expended only in direct support of the program
32 from which the agreement originated.
33 4. (d) A provision specifying that a recipient or
34 subrecipient of federal or state financial assistance may expend
35 funds only for allowable costs resulting from obligations
36 incurred during the specified agreement period.
37 5. (e) A provision specifying that any balance of
38 unobligated funds which has been advanced or paid must be
39 refunded to the state agency.
40 6. (f) A provision specifying that any funds paid in excess
41 of the amount to which the recipient or subrecipient is entitled
42 under the terms and conditions of the agreement must be refunded
43 to the state agency.
44 7. (g) Any additional information required pursuant to s.
46 (b) In addition to the requirements contained in paragraph
47 (a), an agency agreement that provides state financial
48 assistance to a recipient or subrecipient that is a nonprofit
49 organization or a for-profit organization, as those terms are
50 defined in s. 215.97(2), or that provides federal financial
51 assistance to a subrecipient that is a nonprofit organization or
52 a for-profit organization, must include all of the following:
53 1. A provision specifying that funds will only be expended
54 in accordance with their stated purpose and for the benefit of
55 the public.
56 2. A provision prohibiting the funds from being loaned to
57 another entity for any purpose or donated as charitable or
58 political contributions.
59 3. A provision prohibiting the funds from being used for
60 bonuses, exit bonuses, incentive payments, or severance payments
61 to employees of a nonprofit organization or a for-profit
62 organization, except as provided in s. 215.986.
63 4. A provision prohibiting the funds from being used to
64 retain a lobbyist to represent the nonprofit organization or
65 for-profit organization before the legislative or executive
66 branch. However, a full-time employee of a nonprofit
67 organization may register as a lobbyist and represent the
68 organization before the legislative or executive branch. Except
69 as a full-time employee of a nonprofit organization, a person
70 may not accept public funds from a nonprofit organization or a
71 for-profit organization for lobbying.
72 Section 2. Subsections (2) and (6) of section 215.985,
73 Florida Statutes, are amended to read:
74 215.985 Transparency in government spending.—
75 (2) As used in this section, the term:
76 (a) “Committee” means the Legislative Auditing Committee.
77 (b) “Contract” means a written agreement or purchase order
78 issued for the purchase of goods or services or a written
79 agreement for the receipt of state or federal financial
81 (c) “Governmental entity” means a state, regional, county,
82 municipal, special district, or other political subdivision
83 whether executive, judicial, or legislative, including, but not
84 limited to, a department, division, bureau, commission,
85 authority, district, or agency thereof, or public school,
86 Florida College System institution, state university, or
87 associated board.
88 (d) “Nongovernmental entity” means a nonprofit corporation.
89 (e) “State funds” means funds paid from the General Revenue
90 Fund or any state trust fund, funds allocated by the Federal
91 Government and distributed by the state, or funds appropriated
92 by the state for distribution through any grant program.
93 (f) “Website” means a site on the Internet which is easily
94 accessible to the public at no cost and does not require the
95 user to provide information.
96 (6)(a) The Department of Management Services shall
97 establish and maintain a website that provides current
98 information relating to each employee or officer of a state
99 agency, a state university, a Florida College System
100 institution, or the State Board of Administration, regardless of
101 the appropriation category from which the person is paid.
102 1. (a) For each employee or officer, the information must
103 include, at a minimum, his or her:
104 a. 1. Name and salary or hourly rate of pay.
105 b. 2. Position number, class code, and class title.
106 c. 3. Employing agency and budget entity.
107 2. (b) The information must be searchable by state agency,
108 state university, Florida College System institution, and the
109 State Board of Administration, and by employee name, salary
110 range, or class code and must be downloadable in a format that
111 allows offline analysis.
112 (b)1. A nongovernmental entity that receives at least 50
113 percent of its annual revenue, calculated using the
114 nongovernmental entity’s fiscal year, from state funds or that
115 receives $750,000 or more in state funds in a fiscal year, must
116 submit to the Department of Management Services by January 15 of
117 each year a report that includes the name, position, and total
118 annual compensation of, including bonuses, exit bonuses, accrued
119 paid time off, severance payments, and incentive payments paid
120 to, each director, board member, chief executive officer, chief
121 financial officer, or chief operating officer or any other
122 person performing equivalent functions. The report must be
123 verified as provided in s. 92.525 by a director, board member,
124 chief executive officer, chief financial officer, or chief
125 operating officer of the nongovernmental entity.
126 2. Beginning February 1, 2022, and each February 1
127 thereafter, the Department of Management Services shall include
128 the information reported in subparagraph 1. on the website
129 established under paragraph (a).
130 3. A nongovernmental entity required to submit a report
131 under subparagraph 1. must post the reported information on its
132 website if the entity maintains a website.
133 4. Before receiving funds from a governmental entity, a
134 nongovernmental entity that:
135 a. Received funding subject to this paragraph in the
136 preceding year must submit to the governmental entity an
137 attestation verified as provided in s. 92.525, that the
138 nongovernmental entity has submitted the report required in
139 subparagraph 1.
140 b. Did not receive funding subject to this paragraph in the
141 preceding year must submit to the governmental entity an
142 attestation verified as provided in s. 92.525, that the
143 nongovernmental entity has not received funding in the preceding
145 5.a. Beginning January 15, 2022, a governmental entity may
146 not expend, transfer, or distribute funds to a nongovernmental
147 entity until the nongovernmental entity has complied with the
148 requirements of this paragraph.
149 b. This subparagraph is applicable to payments associated
150 with contracts executed, amended, extended, or renewed on or
151 after July 1, 2021, and any transfers or distributions
152 authorized on or after July 1, 2021.
153 Section 3. Section 215.986, Florida Statutes, is created to
155 215.986 Reporting of administrative expenses for certain
156 nongovernmental entities.—
157 (1) As used in this section, the term:
158 (a) “Administrative expenses” mean expenditures that are
159 considered indirect operating costs of a nongovernmental entity,
160 including, but not limited to:
161 1. General administration and general expenses including
162 accounting, support services, and personnel, including all
163 compensation earned by or awarded to such personnel, whether
164 paid or accrued, regardless of contingency, unless the
165 compensation is explicitly included in the General
166 Appropriations Act or the compensation relates to the employment
167 of an employee whose services are integral to a project or
168 activity of the nongovernmental entity. However, compensation
169 earned by or awarded to a director, board member, chief
170 executive officer, chief financial officer, chief operating
171 officer, or other person performing equivalent functions,
172 whether paid or accrued, regardless of contingency, shall not be
173 considered integral to a project or activity of a nongovernment
175 2. Equipment and capital improvements, depreciation on
176 buildings, interest on debt associated with such buildings, and
177 operations and maintenance expenses.
178 (b) “Nongovernmental entity” means a nonprofit corporation
179 that receives at least 50 percent of its revenue, in any fiscal
180 year of the nongovernmental entity, from state-appropriated
181 funds, including state-appropriated federal funds.
182 (2)(a) A nongovernmental entity must identify for each
183 contract, grant, or other disbursement of state-appropriated
184 funds, the amount of state-appropriated funds received, the
185 amount of those funds used for administrative costs, and the
186 percentage of the state-appropriated funds that are used for
187 administrative costs. A nongovernmental entity must post this
188 information on its website if the entity maintains a website.
189 (b) Each state entity, as defined in s. 215.985, that
190 disburses state-appropriated funds to a nongovernmental entity
191 must collect the information identified in paragraph (a). The
192 contract manager for the agency must review the actual
193 administrative costs funded with state-appropriated funds and
194 compare the amounts as identified in paragraph (a). The amounts
195 must be included in the state entity's submissions to the
196 contract tracking system established and maintained pursuant to
197 s. 215.985.
198 Section 4. This act shall take effect July 1, 2021.
200 ================= T I T L E A M E N D M E N T ================
201 And the title is amended as follows:
202 Delete everything before the enacting clause
203 and insert:
204 A bill to be entitled
205 An act relating to fiscal accountability for
206 nongovernmental entities; amending s. 215.971, F.S.;
207 revising the required contents of agency agreements
208 that provide state financial assistance or federal
209 financial assistance to certain entities; amending s.
210 215.985, F.S.; defining terms; requiring
211 nongovernmental entities that have received a
212 specified amount of state funds to submit an annual
213 report detailing certain compensation data to the
214 Department of Management Services; requiring such
215 reports to be verified under penalty of perjury;
216 requiring the department to post the information
217 received through such reports on a specified website;
218 requiring a nongovernmental entity to post the
219 reported compensation information on its website;
220 requiring a nongovernmental entity to take certain
221 actions before receiving funds from a governmental
222 entity; prohibiting a governmental entity from
223 expending, transferring, or distributing funds to a
224 nongovernmental entity if compliance with reporting
225 requirements is not met; specifying applicability;
226 creating s. 215.986, F.S.; providing definitions;
227 requiring a nongovernmental entity to identify certain
228 information and post such information on its website;
229 requiring a state entity to collect certain
230 information; requiring a state agency to review
231 certain costs and to report such costs in the contract
232 tracking system; providing an effective date.