Florida Senate - 2026                             CS for SB 1566
       
       
        
       By the Committee on Community Affairs; and Senator DiCeglie
       
       
       
       
       
       578-02731-26                                          20261566c1
    1                        A bill to be entitled                      
    2         An act relating to local government spending;
    3         providing a short title; creating s. 125.483, F.S.;
    4         defining the term “utility”; providing legislative
    5         intent; requiring counties to reinvest utility service
    6         revenues back into a utility for specified purposes;
    7         requiring county utilities to develop budget forecasts
    8         and strategies within a specified timeframe which meet
    9         certain requirements; amending s. 129.03, F.S.;
   10         revising the timeframe during which tentative budgets,
   11         and the length of time for which final budgets, must
   12         be posted on county websites; requiring the posting of
   13         such budgets to allow members of the public to view,
   14         review, and download certain information and data in
   15         specified formats; deleting obsolete language;
   16         amending s. 129.06, F.S.; revising the timeframe
   17         during which a public hearing for an amendment to a
   18         county budget must be advertised; revising the
   19         timeframe during which, and the length of time for
   20         which, an adopted amendment must be posted on the
   21         county’s website; requiring that the adopted amendment
   22         be incorporated into budget data made available to the
   23         public in a certain manner; amending s. 166.241, F.S.;
   24         revising the timeframe during which tentative budgets,
   25         and the length of time for which final budgets, must
   26         be posted on municipal or county websites, as
   27         applicable; requiring the posting of such budgets to
   28         allow members of the public to view, review, and
   29         download certain information and data in specified
   30         formats; revising the timeframe during which, and the
   31         length of time for which, an adopted amendment must be
   32         posted on such website; requiring that the adopted
   33         amendment be incorporated into budget data made
   34         available to the public in a certain manner; creating
   35         s. 180.1901, F.S.; defining the term “utility”;
   36         providing legislative intent; requiring municipalities
   37         to reinvest utility service revenues back into a
   38         utility for specified purposes; requiring municipal
   39         utilities to develop budget forecasts and strategies
   40         that meet certain requirements; providing an effective
   41         date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. This act may be cited as the “Local Government
   46  Financial Transparency and Accountability Act.”
   47         Section 2. Section 125.483, Florida Statutes, is created to
   48  read:
   49         125.483County utility revenues.—
   50         (1)As used in this section, the term “utility” includes
   51  public entities providing water, wastewater, stormwater,
   52  electric, and gas utilities.
   53         (2)The Legislature intends for a county that provides
   54  utility services to its residents to provide such services in an
   55  affordable, transparent, and reliable manner that protects
   56  public health and this state’s natural resources.
   57         (3)A county shall reinvest utility service revenues back
   58  into the utility for purposes of operational integrity. Such
   59  investments may include building, maintaining, renovating, or
   60  otherwise improving the infrastructure of its utility
   61  facilities.
   62         (4) The utility must, every 5 years, develop a budget
   63  forecast and strategies that ensure continuous maintenance, as
   64  well as strategic improvements to provide optimal service
   65  performance at consistent rates. The budget forecast and
   66  strategies must anticipate increasing service demand due to
   67  population growth and new commercial industries, expenditures on
   68  advanced technologies, and costs incurred from damages and
   69  complications arising from intensifying storms, floods, and
   70  water shortages.
   71         Section 3. Present paragraph (d) of subsection (3) of
   72  section 129.03, Florida Statutes, is redesignated as paragraph
   73  (e) and amended, a new paragraph (d) is added to that
   74  subsection, and paragraph (c) of that subsection is amended, to
   75  read:
   76         129.03 Preparation and adoption of budget.—
   77         (3) The county budget officer, after tentatively
   78  ascertaining the proposed fiscal policies of the board for the
   79  next fiscal year, shall prepare and present to the board a
   80  tentative budget for the next fiscal year for each of the funds
   81  provided in this chapter, including all estimated receipts,
   82  taxes to be levied, and balances expected to be brought forward
   83  and all estimated expenditures, reserves, and balances to be
   84  carried over at the end of the year.
   85         (c) The board shall hold public hearings to adopt tentative
   86  and final budgets pursuant to s. 200.065. The hearings shall be
   87  primarily for the purpose of hearing requests and complaints
   88  from the public regarding the budgets and the proposed tax
   89  levies and for explaining the budget and any proposed or adopted
   90  amendments. The tentative budget must be posted on the county’s
   91  official website at least 7 2 days before the public hearing to
   92  consider such budget and must remain on the website for at least
   93  45 days. The final budget must be posted on the website within
   94  30 days after adoption and must remain on the website for at
   95  least 5 2 years. The tentative budgets, adopted tentative
   96  budgets, and final budgets shall be filed in the office of the
   97  county auditor as a public record. Sufficient reference in words
   98  and figures to identify the particular transactions must be made
   99  in the minutes of the board to record its actions with reference
  100  to the budgets.
  101         (d)Each tentative budget, adopted tentative budget, and
  102  final budget posted on the county’s official website must allow
  103  members of the public to do all of the following:
  104         1.View budget data in a searchable format.
  105         2.View and filter data according to categories in the
  106  county’s chart of accounts, including, but not limited to, fund,
  107  department, division, program, or activity.
  108         3.Review revenue and expense trends in the categories in
  109  the county’s chart of accounts, and view and compare such data
  110  on a comparison chart.
  111         4. View the data submitted to the Office of Economic and
  112  Demographic Research under subparagraphs (e)1. and 2.
  113         5. Download budget data.
  114         6.View data in different graphical formats.
  115         7.View information for one or more county departments,
  116  divisions, funds, or financial categories at the same time.
  117         8.View the average county employee salary, the percentage
  118  of the budget spent on salaries and benefits for county
  119  employees, and all county employee salaries in a searchable
  120  format.
  121         (e)(d) By each October 15, the county budget officer shall
  122  electronically submit the following information regarding the
  123  final budget and the county’s economic status to the Office of
  124  Economic and Demographic Research in the format specified by the
  125  office:
  126         1. Government spending per resident, including, at a
  127  minimum, the spending per resident for the previous 5 fiscal
  128  years.
  129         2. Government debt per resident, including, at a minimum,
  130  the debt per resident for the previous 5 fiscal years.
  131         3. Median income within the county.
  132         4. The average county employee salary.
  133         5. Percent of budget spent on salaries and benefits for
  134  county employees.
  135         6. Number of special taxing districts, wholly or partially,
  136  within the county.
  137         7. Annual county expenditures providing for the financing,
  138  acquisition, construction, reconstruction, or rehabilitation of
  139  housing that is affordable, as that term is defined in s.
  140  420.0004. The reported expenditures must indicate the source of
  141  such funds as “federal,” “state,” “local,” or “other,” as
  142  applicable. The information required by this subparagraph must
  143  be included in the submission due by October 15, 2020, and each
  144  annual submission thereafter.
  145         Section 4. Paragraph (f) of subsection (2) of section
  146  129.06, Florida Statutes, is amended to read:
  147         129.06 Execution and amendment of budget.—
  148         (2) The board at any time within a fiscal year may amend a
  149  budget for that year, and may within the first 60 days of a
  150  fiscal year amend the budget for the prior fiscal year, as
  151  follows:
  152         (f) Unless otherwise prohibited by law, if an amendment to
  153  a budget is required for a purpose not specifically authorized
  154  in paragraphs (a)-(e), the amendment may be authorized by
  155  resolution or ordinance of the board of county commissioners
  156  adopted following a public hearing.
  157         1. The public hearing must be advertised at least 7 2 days,
  158  but not more than 5 days, before the date of the hearing. The
  159  advertisement must appear in a newspaper of paid general
  160  circulation and must identify the name of the taxing authority,
  161  the date, place, and time of the hearing, and the purpose of the
  162  hearing. The advertisement must also identify each budgetary
  163  fund to be amended, the source of the funds, the use of the
  164  funds, and the total amount of each fund’s appropriations.
  165         2. If the board amends the budget pursuant to this
  166  paragraph, the adopted amendment must be posted on the county’s
  167  official website within 7 5 days before after adoption and must
  168  remain on the website for at least 5 2 years. The adopted
  169  amendment must be incorporated into the budget data made
  170  available to the public under s. 129.03(3)(d).
  171         Section 5. Subsections (3) and (9) of section 166.241,
  172  Florida Statutes, are amended to read:
  173         166.241 Fiscal years, budgets, appeal of municipal law
  174  enforcement agency budget, and budget amendments.—
  175         (3)(a) The tentative budget must be posted on the
  176  municipality’s official website at least 7 2 days before the
  177  budget hearing, held pursuant to s. 200.065 or other law, to
  178  consider such budget and must remain on the website for at least
  179  45 days. The final adopted budget must be posted on the
  180  municipality’s official website within 30 days after adoption
  181  and must remain on the website for at least 5 2 years. If the
  182  municipality does not operate an official website, the
  183  municipality must, within a reasonable period of time as
  184  established by the county or counties in which the municipality
  185  is located, transmit the tentative budget and final budget to
  186  the manager or administrator of such county or counties who
  187  shall post the budgets on the county’s website.
  188         (b)Each tentative budget, adopted tentative budget, or
  189  final budget posted on the municipality’s official website or
  190  the county’s official website, as applicable, must allow members
  191  of the public to do all of the following:
  192         1.View budget data in a searchable format.
  193         2.View and filter data according to categories in the
  194  municipality’s chart of accounts, including, but not limited to,
  195  fund, department, division, program, or activity.
  196         3. Review revenue and expense trends in the categories in
  197  the municipality’s chart of accounts, and view and compare such
  198  data on a comparison chart.
  199         4. Download budget data.
  200         5. View data in different graphical formats.
  201         6. View information for one or more county departments,
  202  divisions, funds, or financial categories at the same time.
  203         7. View the average municipal employee salary, the
  204  percentage of the budget spent on salaries and benefits for
  205  municipal employees, and all municipal employee salaries in a
  206  searchable format.
  207         (9) If the governing body of a municipality amends the
  208  budget pursuant to paragraph (8)(c), the adopted amendment must
  209  be posted on the official website of the municipality within 7 5
  210  days before after adoption and must remain on the website for at
  211  least 5 2 years. If the municipality does not operate an
  212  official website, the municipality must, within a reasonable
  213  period of time as established by the county or counties in which
  214  the municipality is located, transmit the adopted amendment to
  215  the manager or administrator of such county or counties who
  216  shall post the adopted amendment on the county’s website. The
  217  adopted amendment must be incorporated into the budget data made
  218  available to the public under paragraph (3)(b).
  219         Section 6. Section 180.1901, Florida Statutes, is created
  220  to read:
  221         180.1901Municipal utility revenues.—
  222         (1)As used in this section, the term “utility” includes
  223  water, wastewater, stormwater, electric, and gas utilities.
  224         (2)The Legislature intends for a municipality that
  225  provides utility services to its residents to provide such
  226  services in an affordable, transparent, and reliable manner that
  227  protects public health and this state’s natural resources.
  228         (3)A municipality shall reinvest utility service revenues
  229  back into the utility for purposes of operational integrity.
  230  Such investments may include building, maintaining, renovating,
  231  or otherwise improving the infrastructure of its utility
  232  facilities.
  233         (4) The utility must, every 5 years, develop a budget
  234  forecast and strategies that ensure continuous maintenance, as
  235  well as strategic improvements to provide optimal service
  236  performance at consistent rates. The budget forecast and
  237  strategies must anticipate increasing service demand due to
  238  population growth and new commercial industries, expenditures on
  239  advanced technologies, and costs incurred from damages and
  240  complications arising from intensifying storms, floods, and
  241  water shortages.
  242         Section 7. This act shall take effect July 1, 2026.