Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 506
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (Garcia) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2) and (6) of section 215.985,
    6  Florida Statutes, are amended to read:
    7         215.985 Transparency in government spending.—
    8         (2) As used in this section, the term:
    9         (a) “Committee” means the Legislative Auditing Committee.
   10         (b) “Contract” means a written agreement or purchase order
   11  issued for the purchase of goods or services or a written
   12  agreement for the receipt of state or federal financial
   13  assistance.
   14         (c) “Governmental entity” means a state, regional, county,
   15  municipal, special district, or other political subdivision
   16  whether executive, judicial, or legislative, including, but not
   17  limited to, a department, division, bureau, commission,
   18  authority, district, or agency thereof, or public school,
   19  Florida College System institution, state university, or
   20  associated board.
   21         (d) "Nongovernmental entity" means a nonprofit corporation.
   22         (e)(d) “Website” means a site on the Internet which is
   23  easily accessible to the public at no cost and does not require
   24  the user to provide information.
   25         (f) "State funds" means funds paid from the General Revenue
   26  Fund or any state trust fund, funds allocated by the Federal
   27  Government and distributed by the state, or funds appropriated
   28  by the state for distribution through any grant program.
   29         (6)(a) The Department of Management Services shall
   30  establish and maintain a website that provides current
   31  information relating to each employee or officer of a state
   32  agency, a state university, a Florida College System
   33  institution, or the State Board of Administration, regardless of
   34  the appropriation category from which the person is paid.
   35         1.(a) For each employee or officer, the information must
   36  include, at a minimum, his or her:
   37         a.1. Name and salary or hourly rate of pay.
   38         b.2. Position number, class code, and class title.
   39         c.3. Employing agency and budget entity.
   40         2.(b) The information must be searchable by state agency,
   41  state university, Florida College System institution, and the
   42  State Board of Administration, and by employee name, salary
   43  range, or class code and must be downloadable in a format that
   44  allows offline analysis.
   45         (b)1. A nongovernmental entity that receives at least 50
   46  percent of its annual revenue, calculated using the
   47  nongovernmental entity's fiscal year, from state funds or that
   48  receives $750,000 in state funds in a fiscal year, must submit
   49  to the Department of Management Services by January 15 of each
   50  year a report that includes the name, position, and total annual
   51  compensation of, including bonuses, exit bonuses, accrued paid
   52  time off, severance payments, and incentive payments paid to,
   53  each director, board member, chief executive officer, chief
   54  financial officer, chief operating officer, or other person
   55  performing equivalent functions. The report must be verified as
   56  provided in s. 92.525 by a director, board member, chief
   57  executive officer, chief financial officer, or chief operating
   58  officer of the entity.
   59         2. Beginning February 1, 2022, and each February 1
   60  thereafter, the Department of Management Services shall include
   61  the information reported in subparagraph 1. on the website
   62  established under paragraph (a).
   63         3. A nongovernmental entity required to submit a report
   64  under subparagraph 1. must post the reported information on its
   65  website if the entity maintains a website.
   66         4. Before receiving funds from a governmental entity, a
   67  nongovernmental entity that:
   68         a. Received funding subject to this paragraph in the
   69  previous year must submit to the governmental entity an
   70  attestation verified as provided in s. 92.525, that the
   71  nongovernmental entity has submitted the report required in
   72  subparagraph 1.
   73         b. Did not receive funding subject to this paragraph in the
   74  previous year must submit to the governmental entity an
   75  attestation verified as provided in s. 92.525, that the
   76  nongovernmental entity has not received funding in the previous
   77  year.
   78         5.a.Beginning January 15, 2022, a governmental entity may
   79  not expend, transfer, or distribute funds to a nongovernmental
   80  entity until the nongovernmental entity has complied with the
   81  requirements of this paragraph.
   82         b. This subparagraph is applicable to payments associated
   83  with contracts executed, amended, extended, or renewed on or
   84  after July 1, 2021, and any transfers or distributions
   85  authorized on or after July 1, 2021.
   86         Section 2. This act shall take effect July 1, 2021.
   87  
   88  ================= T I T L E  A M E N D M E N T ================
   89  And the title is amended as follows:
   90         Delete everything before the enacting clause
   91  and insert:
   92                        A bill to be entitled                      
   93         An act relating to transparency in government
   94         spending; amending s. 215.985, F.S.; defining the term
   95         "nongovernmental entity"; requiring nongovernmental
   96         entities that have received specified revenues from
   97         the state to provide a report to the Department of
   98         Management Services; requiring the report to be
   99         verified; requiring the department to post the report
  100         information received on its website; requiring the
  101         nongovernmental entity to post the report information
  102         on its website; requiring certain entities to verify
  103         submission of the report before receiving government
  104         funds; providing an effective date.