Florida Senate - 2023                              CS for SB 242
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Garcia
       
       
       
       
       585-02358-23                                           2023242c1
    1                        A bill to be entitled                      
    2         An act relating to fiscal accountability; amending s.
    3         215.985, F.S.; requiring state entities to post any
    4         documents submitted on the contract tracking system
    5         which indicate the use of state funds as remuneration
    6         under certain contracts, beginning on a specified
    7         date; deleting a provision requiring state entities to
    8         publish payments on the contract tracking system;
    9         amending s. 216.1366, F.S.; requiring that contracts
   10         for services executed, amended, or extended beginning
   11         on a specified date require contractors to provide
   12         specified documentation to be included in the contract
   13         tracking system and posted to the contractor’s
   14         website, if applicable; defining terms; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (c) of subsection (14) of section
   20  215.985, Florida Statutes, is amended to read:
   21         215.985 Transparency in government spending.—
   22         (14) The Chief Financial Officer shall establish and
   23  maintain a secure contract tracking system available for viewing
   24  and downloading by the public through a secure website. The
   25  Chief Financial Officer shall use appropriate Internet security
   26  measures to ensure that no person has the ability to alter or
   27  modify records available on the website.
   28         (c) For each contract for which a state entity makes a
   29  payment pursuant to a contract executed, amended, or extended on
   30  or after July 1, 2023, the state entity shall post any documents
   31  submitted pursuant to s. 216.1366 which indicate the use of
   32  state funds as remuneration under the contract or a specified
   33  payment associated with the contract on the contract tracking
   34  system By January 1, 2014, each state entity shall post to the
   35  contract tracking system the information required in paragraph
   36  (a) for each existing contract that was executed before July 1,
   37  2013, with payment from state funds made after June 30, 2013.
   38         Section 2. Subsection (3) is added to section 216.1366,
   39  Florida Statutes, to read:
   40         216.1366 Contract terms.—
   41         (3)(a) For any contract for services executed, amended, or
   42  extended on or after July 1, 2023, with a nonprofit organization
   43  as defined in s. 215.97(2)(m), the contract must require the
   44  contractor to provide documentation that indicates the amount of
   45  state funds:
   46         1. Allocated to be used during the full term of the
   47  contract for remuneration to any member of the board of
   48  directors or an officer of the contractor.
   49         2. Allocated under each payment by the public agency to be
   50  used for remuneration of any member of the board of directors or
   51  an officer of the contractor. The documentation must indicate
   52  the amounts and recipients of the remuneration.
   53  
   54  Such information must be included in the contract tracking
   55  system maintained pursuant to s. 215.985 and must be posted on
   56  the contractor’s website, if the contractor maintains a website.
   57         (b) As used in this subsection, the term:
   58         1. “Officer” means a chief executive officer, chief
   59  financial officer, chief operating officer, or any other
   60  position performing an equivalent function.
   61         2. “Remuneration” means all compensation earned by or
   62  awarded to personnel, whether paid or accrued, regardless of
   63  contingency, including bonuses, accrued paid time off, severance
   64  payments, incentive payments, contributions to a retirement
   65  plan, or in-kind payments, reimbursements, or allowances for
   66  moving expenses, vehicles and other transportation, telephone
   67  services, medical services, housing, and meals.
   68         3. “State funds” means funds paid from the General Revenue
   69  Fund or any state trust fund, funds allocated by the Federal
   70  Government and distributed by the state, or funds appropriated
   71  by the state for distribution through any grant program. The
   72  term does not include funds used for the state Medicaid program.
   73         Section 3. This act shall take effect July 1, 2023.