ENROLLED
2023 Legislature CS for SB 242
2023242er
1
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.