Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 195
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Garcia moved the following:
    1         Senate Amendment to Amendment (587542) (with title
    2  amendment)
    4         Delete lines 63 - 197
    5  and insert:
    6         Section 2. Subsections (2) and (6) of section 215.985,
    7  Florida Statutes, are amended to read:
    8         215.985 Transparency in government spending.—
    9         (2) As used in this section, the term:
   10         (a) “Committee” means the Legislative Auditing Committee.
   11         (b) “Contract” means a written agreement or purchase order
   12  issued for the purchase of goods or services or a written
   13  agreement for the receipt of state or federal financial
   14  assistance.
   15         (c) “Governmental entity” means a state, regional, county,
   16  municipal, special district, or other political subdivision
   17  whether executive, judicial, or legislative, including, but not
   18  limited to, a department, division, bureau, commission,
   19  authority, district, or agency thereof, or public school,
   20  Florida College System institution, state university, or
   21  associated board.
   22         (d) “Nongovernmental entity” means a nonprofit corporation.
   23         (e) “State funds” means funds paid from the General Revenue
   24  Fund or any state trust fund, funds allocated by the Federal
   25  Government and distributed by the state, or funds appropriated
   26  by the state for distribution through any grant program.
   27  Notwithstanding the foregoing, the term does not include funds
   28  used for the state Medicaid program.
   29         (f) “Website” means a site on the Internet which is easily
   30  accessible to the public at no cost and does not require the
   31  user to provide information.
   32         (6)(a) The Department of Management Services shall
   33  establish and maintain a website that provides current
   34  information relating to each employee or officer of a state
   35  agency, a state university, a Florida College System
   36  institution, or the State Board of Administration, regardless of
   37  the appropriation category from which the person is paid.
   38         1.(a) For each employee or officer, the information must
   39  include, at a minimum, his or her:
   40         a.1. Name and salary or hourly rate of pay.
   41         b.2. Position number, class code, and class title.
   42         c.3. Employing agency and budget entity.
   43         2.(b) The information must be searchable by state agency,
   44  state university, Florida College System institution, and the
   45  State Board of Administration, and by employee name, salary
   46  range, or class code and must be downloadable in a format that
   47  allows offline analysis.
   48         (b)1. A nongovernmental entity that receives at least 50
   49  percent of its annual revenue, calculated using the
   50  nongovernmental entity’s fiscal year, from state funds or that
   51  receives $750,000 or more in state funds in a fiscal year, must
   52  submit to the Department of Management Services by January 15 of
   53  each year a report that includes the name, position, and total
   54  annual compensation of, including bonuses, exit bonuses, accrued
   55  paid time off, severance payments, and incentive payments paid
   56  to, each director, board member, chief executive officer, chief
   57  financial officer, or chief operating officer or any other
   58  person performing equivalent functions. The report must be
   59  verified as provided in s. 92.525 by a director, board member,
   60  chief executive officer, chief financial officer, or chief
   61  operating officer of the nongovernmental entity.
   62         2. Beginning February 1, 2022, and each February 1
   63  thereafter, the Department of Management Services shall include
   64  the information reported in subparagraph 1. on the website
   65  established under paragraph (a).
   66         3. A nongovernmental entity required to submit a report
   67  under subparagraph 1. must post the reported information on its
   68  website if the entity maintains a website.
   69         4. Before receiving funds from a governmental entity, a
   70  nongovernmental entity that:
   71         a. Received funding subject to this paragraph in the
   72  preceding year must submit to the governmental entity an
   73  attestation verified as provided in s. 92.525, that the
   74  nongovernmental entity has submitted the report required in
   75  subparagraph 1.
   76         b. Did not receive funding subject to this paragraph in the
   77  preceding year must submit to the governmental entity an
   78  attestation verified as provided in s. 92.525, that the
   79  nongovernmental entity has not received funding in the preceding
   80  year.
   81         5.a.Beginning January 15, 2022, a governmental entity may
   82  not expend, transfer, or distribute funds to a nongovernmental
   83  entity until the nongovernmental entity has complied with the
   84  requirements of this paragraph.
   85         b. This subparagraph is applicable to payments associated
   86  with contracts executed, amended, extended, or renewed on or
   87  after July 1, 2021, and any transfers or distributions
   88  authorized on or after July 1, 2021.
   89         Section 3. Section 215.986, Florida Statutes, is created to
   90  read:
   91         215.986Reporting of administrative expenses for certain
   92  nongovernmental entities.—
   93         (1)As used in this section, the term:
   94         (a)“Administrative expenses” mean expenditures that are
   95  considered indirect operating costs of a nongovernmental entity,
   96  including, but not limited to:
   97         1.General administration and general expenses including
   98  accounting, support services, and personnel, including all
   99  compensation earned by or awarded to such personnel, whether
  100  paid or accrued, regardless of contingency, unless the
  101  compensation is explicitly included in the General
  102  Appropriations Act or the compensation relates to the employment
  103  of an employee whose services are integral to a project or
  104  activity of the nongovernmental entity. However, compensation
  105  earned by or awarded to a director, board member, chief
  106  executive officer, chief financial officer, chief operating
  107  officer, or other person performing equivalent functions,
  108  whether paid or accrued, regardless of contingency, shall not be
  109  considered integral to a project or activity of a nongovernment
  110  entity.
  111         2.Equipment and capital improvements, depreciation on
  112  buildings, interest on debt associated with such buildings, and
  113  operations and maintenance expenses.
  114         (b)“Nongovernmental entity” means a nonprofit corporation
  115  that receives at least 50 percent of its revenue, in any fiscal
  116  year of the nongovernmental entity, from state-appropriated
  117  funds, including state-appropriated federal funds.
  118         (2)(a)A nongovernmental entity must identify for each
  119  contract, grant, or other disbursement of state-appropriated
  120  funds, the amount of state-appropriated funds received, the
  121  amount of those funds used for administrative expenses, and the
  122  percentage of the state-appropriated funds that are used for
  123  administrative costs. A nongovernmental entity must post this
  124  information on its website if the entity maintains a website.
  125         (b) Each state entity, as defined in s. 215.985, that
  126  disburses state-appropriated funds to a nongovernmental entity
  127  must collect the information identified in paragraph (a). The
  128  contract manager for the agency must review the actual
  129  administrative costs funded with state-appropriated funds and
  130  compare the amounts as identified in paragraph (a). The amounts
  131  must be included in the state entity’s submissions to the
  132  contract tracking system established and maintained pursuant to
  133  s. 215.985.
  134         (3) This section does not apply to a nongovernmental entity
  135  receiving Medicaid funding.
  137  ================= T I T L E  A M E N D M E N T ================
  138  And the title is amended as follows:
  139         Delete line 232
  140  and insert:
  141         tracking system; specifying applicability; providing
  142         an effective date.