ENROLLED
2023 Legislature CS for SB 234
2023234er
1
2 An act relating to statutorily required reports;
3 amending s. 286.001, F.S.; defining the term “state
4 entity”; revising the procedure for filing statutorily
5 required or authorized reports; deleting provisions
6 requiring that abstracts be filed for statutorily
7 required or authorized reports; requiring state
8 entities to redact exempt or confidential and exempt
9 information from reports before filing; providing that
10 the Division of Library and Information Services of
11 the Department of State or the department, or any
12 contractor thereof, is not responsible for redaction
13 and may not be held liable for the failure of a state
14 entity to redact exempt or confidential and exempt
15 information from its reports; requiring state entities
16 to submit a specified accompanying statement
17 identifying the applicable provisions for such
18 redactions; requiring the state entity to retain or
19 archive reports in accordance with certain schedules;
20 requiring the division to compile and annually update
21 a list of all statutorily required reports and their
22 submission dates; requiring the division to publish
23 such list on the department’s website; requiring the
24 division to compile, beginning on a specified date,
25 bibliographic information on received reports in a
26 specified system; requiring the division to update the
27 bibliographic information on a quarterly basis;
28 requiring that the bibliographic information be
29 distributed quarterly to the Governor and the
30 Legislature, beginning on a specified date; providing
31 legislative findings and intent; requiring the
32 division to implement and maintain a publicly
33 available, Internet-based system for such reports by a
34 specified date; specifying features and functions for
35 such system; deleting a provision requiring state
36 entities to create, store, manage, update, retrieve,
37 and disseminate statutorily required or authorized
38 reports in an electronic format; deleting a provision
39 related to construction; providing an appropriation;
40 providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Section 286.001, Florida Statutes, is amended to
45 read:
46 286.001 Reports statutorily required; filing, maintenance,
47 retrieval, and provision of copies.—
48 (1) For purposes of this section, the term “state entity”
49 means any agency or officer of the executive, legislative, or
50 judicial branch of state government, the State Board of
51 Education, the Board of Governors of the State University
52 System, the Public Service Commission, or a water management
53 district operating under the authority of chapter 373.
54 (2) A state entity Unless otherwise specifically provided
55 by law, any agency or officer of the executive, legislative, or
56 judicial branches of state government, the State Board of
57 Education, the Board of Governors of the State University
58 System, or the Public Service Commission required or authorized
59 by law to make a regular or periodic report reports regularly or
60 periodically shall fulfill the requirement to submit the report
61 by electronically filing such requirement by filing an abstract
62 of the report with the statutorily or administratively
63 designated recipients of the report and an abstract and one copy
64 of the report with the Division of Library and Information
65 Services of the Department of State, unless the head of the
66 reporting entity makes a determination that the additional cost
67 of providing the entire report to the statutorily or
68 administratively designated recipients is justified. A one-page
69 summary justifying the determination shall be submitted to the
70 chairs of the governmental operations committees of both houses
71 of the Legislature. The abstract of the contents of such report
72 shall be no more than one-half page in length. The actual report
73 must shall be retained by the reporting agency or officer, and
74 copies of the report must shall be provided to interested
75 parties and the statutorily or administratively designated
76 recipients of the report upon request.
77 (a) A state entity that submits a report pursuant to this
78 section is solely responsible for redacting any portion of the
79 report which is not subject to public inspection. The division
80 or the department, or any contractor thereof, is not responsible
81 for and may not be held liable for the failure of a state entity
82 to redact exempt or confidential and exempt information from its
83 reports.
84 (b) If a report is redacted, the state entity submitting
85 the report must provide to the division an accompanying
86 statement that identifies the specific statutory basis for the
87 redaction.
88 (3) The state entity shall retain or archive each report in
89 accordance with the applicable records retention schedule.
90 (4)(2) With respect to reports statutorily required of
91 state entities agencies or officers within the executive,
92 legislative, or judicial branches of state government, the State
93 Board of Education, the Board of Governors of the State
94 University System, or the Public Service Commission, it is the
95 duty of the division, in addition to its duties under s. 257.05,
96 to:
97 (a) By November 1, 2023, with assistance from the state
98 entities, compile a list of statutorily required reports and
99 their submission dates. The division shall update this list by
100 each November 1 thereafter. The division shall publish the list
101 on the Department of State’s publicly accessible website
102 Regularly compile and update bibliographic information on such
103 reports for distribution as provided in paragraph (b). Such
104 bibliographic information may be included in the bibliographies
105 prepared by the division pursuant to s. 257.05(3).
106 (b) Beginning January 1, 2024, compile bibliographic
107 information on each statutorily required report it receives for
108 publication in the system implemented and maintained under
109 subsection (5). The division shall update the bibliographic
110 information on a quarterly basis. The bibliographic information
111 may be included in the bibliographies prepared by the division
112 pursuant to s. 257.05(3).
113 (c) Beginning April 15, 2024, and each calendar quarter
114 thereafter, distribute the most recently completed quarter’s
115 bibliography created pursuant to paragraph (b) to the Governor,
116 the President of the Senate, and the Speaker of the House of
117 Representatives.
118 (5) The Legislature finds that statutory reporting
119 requirements for state entities is of great value to the public
120 for accountability and transparency in government. A single,
121 modern, Internet-based repository is necessary to compile
122 reports on government activities as well as to ensure that
123 statutorily required reports are easily accessible and available
124 to the public. The ability to search for a statutorily required
125 report by specific information will save time for the requestor
126 and reduce the workload of state entities that are required to
127 respond to requests for reports. Therefore, the Legislature
128 intends that the division receive statutorily required reports,
129 and by January 1, 2024, the division shall implement and
130 maintain a publicly available, Internet-based system that
131 includes, but is not limited to, the following features and
132 functions:
133 (a) A section or subsection that is dedicated to the
134 cataloging of statutorily required reports;
135 (b) The ability for state entities to electronically file
136 statutorily required reports and to receive electronic
137 confirmation of those filings;
138 (c) The ability to search for and retrieve electronic
139 versions of statutorily required reports by using the report’s
140 designated recipient, the state entity that submitted the
141 report, the date of the report’s submission, the law requiring
142 the state entity to submit the report, the title or topic of the
143 report, and identifiable keywords; and
144 (d) The ability for users to receive automated
145 notifications of the filing of statutorily required reports
146 based on user-defined criteria Provide for at least quarterly
147 distribution of bibliographic information on reports to:
148 1. Agencies and officers within the executive, legislative,
149 and judicial branches of state government, the State Board of
150 Education, the Board of Governors of the State University
151 System, and the Public Service Commission, free of charge; and
152 2. Other interested parties upon request properly made and
153 upon payment of the actual cost of duplication pursuant to s.
154 119.07(1).
155 (3) As soon as practicable, the administrative head of each
156 executive, legislative, or judicial agency and each agency of
157 the State Board of Education, the Board of Governors of the
158 State University System, and the Public Service Commission
159 required by law to make reports periodically shall ensure that
160 those reports are created, stored, managed, updated, retrieved,
161 and disseminated through electronic means.
162 (4) This section may not be construed to waive or modify
163 the requirement in s. 257.05(2) pertaining to the provision of
164 copies of state publications to the division.
165 Section 2. For the 2023-2024 fiscal year, the sum of $1
166 million in nonrecurring funds from the General Revenue Fund is
167 appropriated to the Department of State for the purpose of
168 implementing and maintaining the searchable, publicly available,
169 Internet-based system for statutorily required reports as
170 required by this act.
171 Section 3. This act shall take effect July 1, 2023.