Florida Senate - 2026 SB 1572
By Senator DiCeglie
18-00780D-26 20261572__
1 A bill to be entitled
2 An act relating to the Department of Financial
3 Services; creating s. 17.324, F.S.; defining terms;
4 establishing the Florida Agency for Fiscal Oversight
5 within the Department of Financial Services; providing
6 the purpose and duties of the agency; requiring local
7 governments to notify the agency after authorizing
8 specified referenda; requiring the agency to conduct
9 an audit; authorizing the agency to request certain
10 information; providing penalties for noncompliance
11 with such request; requiring certain funds to be
12 deposited in a specified trust fund; authorizing the
13 agency to waive fines in certain circumstances;
14 providing that certain actions may be challenged in a
15 specified manner; authorizing the agency to report
16 certain evidence to specified parties; authorizing the
17 Florida Commission on Ethics to make certain
18 recommendations; authorizing the department to create
19 a certain analysis using specified information;
20 requiring that such analysis be posted in a specified
21 manner to certain parties; authorizing the department
22 to adopt rules; amending s. 17.325, F.S.; deleting a
23 requirement that a specified hotline be operated for a
24 certain amount of time each day; deleting a
25 requirement that the hotline be advertised in a
26 specified manner; creating s. 112.31424, F.S.;
27 defining terms; requiring specified employees to take
28 a certain training annually; requiring the first
29 training to be completed by a specified deadline;
30 requiring that certain employees who report
31 information to the Florida Agency for Fiscal Oversight
32 be afforded the same protection as whistle-blowers;
33 providing construction; prohibiting agencies from
34 executing certain documents containing specified
35 provisions; providing that such documents are void;
36 requiring local governments to submit a certain report
37 to the department by a specified date; requiring the
38 department to adopt rules; requiring the department to
39 submit information from the reports to certain
40 entities by a specified date; amending s. 215.985,
41 F.S.; requiring counties to use certain contract
42 tracking systems; providing information required to be
43 tracked; authorizing the use of an alternate contract
44 tracking system in certain circumstances; providing
45 that certain provisions may not be enforced until a
46 specified event; requiring the Chief Financial Officer
47 to make specified changes to the secure contract
48 tracking system by a specified date; providing an
49 effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 17.324, Florida Statutes, is created to
54 read:
55 17.324 Florida Agency for Fiscal Oversight.—
56 (1) As used in this section, the term:
57 (a) “Agency” has the same meaning as in s. 283.30.
58 (b) “Local government” has the same meaning as in s.
59 106.113(1).
60 (c) “Noncompliant” means, as determined by the Chief
61 Financial Officer, failing to respond to a request for
62 information, failing to include any requested information, or
63 providing incomplete or materially inaccurate information.
64 (d) “State funds” means funds provided to a local
65 government by the state, state shared revenue, state grants,
66 sales tax collected pursuant to chapter 212, and enterprise
67 funds as defined in s. 350.81(1); however, it does not include
68 local funds derived from local taxes or fees or funds related to
69 public safety.
70 (2) The Florida Agency for Fiscal Oversight is established
71 within the department. The purpose of the Florida Agency for
72 Fiscal Oversight is to identify and report unnecessary spending
73 within any agency or local governments and to provide fiscal
74 management and public spending education and training to such
75 governments. The Florida Agency for Fiscal Oversight shall:
76 (a) Develop the mandatory financial ethics training
77 required under s. 112.31424(2). The training must include
78 instruction on:
79 1. Recognizing misuse of public funds.
80 2. Reporting financial misconduct.
81 3. Whistle-blower rights and protections.
82 (b) Provide guidance and materials to agencies and local
83 governments for internal training sessions.
84 (c) Complete the audit of a local government required under
85 subsection (3).
86 (d) Determine the information required in the Local
87 Government Efficiency Report required by s. 112.31424(5).
88 (3)(a) A local government must notify the Florida Agency
89 for Fiscal Oversight within 5 days after authorizing a
90 referendum to levy a tax, increase a current tax, or increase
91 its millage rate. The Florida Agency for Fiscal Oversight shall
92 conduct an audit of any such local government. The Florida
93 Agency for Fiscal Oversight may request any information it deems
94 necessary to conduct such audit. If a local government is
95 noncompliant, and at the discretion of the Chief Financial
96 Officer:
97 1. At least 15 days after the initial request:
98 a. The Florida Agency for Fiscal Oversight may impose
99 administrative fines on local governments of no more than $1,000
100 each day; however, such fines may not be retroactive to the date
101 the request was first made.
102 b. The Florida Agency for Fiscal Oversight must provide the
103 local government with written notice that if such local
104 government remains noncompliant, the Florida Agency for Fiscal
105 Oversight may initiate the process of withholding certain funds
106 payable to a local government beginning 45 days after the
107 initial request.
108 2. At least 45 days after the initial request, the Florida
109 Agency for Fiscal Oversight may withhold state funds until the
110 local government is no longer noncompliant or the final order
111 requires the release of such funds.
112 (b) Fines collected under sub-subparagraph (a)1.a. must be
113 deposited into the Insurance Regulatory Trust Fund. The Florida
114 Agency for Fiscal Oversight may, for good cause or upon
115 demonstration of extenuating circumstances, waive any such fines
116 upon the request of the local government.
117 (c) The decision to withhold funds under subparagraph (a)2.
118 constitutes an agency action under chapter 120 and is subject to
119 review as provided in that chapter.
120 (4) The Florida Agency for Fiscal Oversight may report any
121 evidence suggesting ethical violations, misconduct, or
122 malfeasance by a local government official to the Governor and
123 the Florida Commission on Ethics. The Florida Commission on
124 Ethics may recommend appropriate actions, including, but not
125 limited to, the removal of local government officials from
126 office.
127 (5) The department may create a Local Government Spending
128 Analysis to evaluate each local government based on the
129 information obtained under this section or from the report
130 required under s. 112.31424(5). If the department produces a
131 Local Government Spending Analysis, it must make such analysis
132 available on its website, and the local government that is the
133 subject of the analysis must include a link to the analysis in a
134 clear and conspicuous place on the local government website.
135 (6) The department may adopt rules to implement this
136 section, including procedures for training, reporting,
137 investigations, and establishing financial thresholds, risk
138 indicators, or other criteria that, when met, may trigger an
139 audit, operational review, or investigation of a local
140 government by the Florida Agency for Fiscal Oversight.
141 Section 2. Subsections (1), (2), and (3) of section 17.325,
142 Florida Statutes, are amended to read:
143 17.325 Governmental efficiency hotline; duties of Chief
144 Financial Officer.—
145 (1) The Chief Financial Officer shall establish and operate
146 a statewide toll-free telephone hotline to receive information
147 or suggestions from the residents of this state on how to
148 improve the operation of state and local government, increase
149 state and local governmental efficiency, and eliminate waste in
150 state and local government.
151 (2) The Chief Financial Officer shall operate the hotline
152 24 hours a day. The Chief Financial Officer may advertise the
153 availability of the hotline in newspapers of general circulation
154 in this state and shall provide for the posting of notices in
155 conspicuous places in state agency offices, city halls, county
156 courthouses, and places in which there is exposure to
157 significant numbers of the general public, including, but not
158 limited to, local convenience stores, shopping malls, shopping
159 centers, gasoline stations, or restaurants. The Chief Financial
160 Officer shall use the slogan “Tell us where we can ‘Get Lean’”
161 for the hotline and in advertisements for the hotline.
162 (3) Each telephone call on the hotline shall be received by
163 the office of the Chief Financial Officer, and the office of the
164 Chief Financial Officer shall conduct an evaluation to determine
165 if it is appropriate for the telephone call to be processed as a
166 government efficiency hotline “Get Lean” telephone call. If it
167 is determined that the telephone call should be processed as a
168 government efficiency hotline “Get Lean” telephone call, a
169 record of each suggestion or item of information received shall
170 be entered into a log kept by the Chief Financial Officer. A
171 caller on the hotline may remain anonymous, and, if the caller
172 provides his or her name, the name shall be confidential. If a
173 caller discloses that he or she is a state employee, the Chief
174 Financial Officer, in addition to maintaining a record as
175 required by this section, may refer any information or
176 suggestion from the caller to an existing state awards program
177 administered by the affected agency. The affected agency shall
178 conduct a preliminary evaluation of the efficacy of any
179 suggestion or item of information received through the hotline
180 and shall provide the Chief Financial Officer with a preliminary
181 determination of the amount of revenues the state might save by
182 implementing the suggestion or making use of the information.
183 Section 3. Section 112.31424, Florida Statutes, is created
184 to read:
185 112.31424 Financial ethics of governments.—
186 (1) As used in this section, the term:
187 (a) “Agency” has the same meaning as in s. 112.3187(3).
188 (b) “Employee” has the same meaning as in s. 112.3187(3).
189 (c) “Local government” has the same meaning as in s.
190 106.113(1).
191 (2) All agency employees, elected officials, and volunteers
192 must complete the training on financial ethics created pursuant
193 to s. 17.324(2)(a) annually. The first training must be
194 completed within 30 days after:
195 (a) For a person employed by an agency, the first day of
196 employment.
197 (b) For an elected official within an agency, the day the
198 elected official takes office.
199 (c) For a volunteer of an agency, the first day the
200 volunteer begins volunteering.
201 (3) Notwithstanding any other law, an employee who reports
202 information to the Florida Agency for Fiscal Oversight shall be
203 afforded the same protection as a whistle-blower under chapter
204 112. Such employee is not required to report the information
205 directly to his or her supervisory officials, his or her chief
206 executive officer as defined in s. 447.203(9), or any other
207 appropriate local official.
208 (4) An agency may not execute any contract, agreement, or
209 other document that:
210 (a) Prohibits an agency or a vendor, as defined in s.
211 287.1351(1), from participating with the Florida Agency for
212 Fiscal Oversight.
213 (b) Requires an agency or a vendor, as defined in s.
214 287.1351(1), to execute a nondisclosure agreement as a condition
215 for performing any duties or functions with the Florida Agency
216 for Fiscal Oversight.
217
218 Any such contract, agreement, or document shall be void.
219 (5) Each local government shall submit an annual Local
220 Government Efficiency Report to the Department of Financial
221 Services by October 30 of each year. The Department of Financial
222 Services shall adopt rules prescribing the format of such
223 reports and the information that must be included. The
224 department shall submit recommendations and findings from the
225 report to the President of the Senate and the Speaker of the
226 House of Representatives and Office of Policy and Budget in the
227 Executive Office of the Governor by January 1 of each year.
228 Section 4. Subsection (14) of section 215.985, Florida
229 Statutes, is amended to read:
230 215.985 Transparency in government spending.—
231 (14) The Chief Financial Officer shall establish and
232 maintain a secure contract tracking system available for viewing
233 and downloading by the public through a secure website. The
234 Chief Financial Officer shall use appropriate Internet security
235 measures to ensure that no person has the ability to alter or
236 modify records available on the website.
237 (a) Within 30 calendar days after executing a contract,
238 each state entity shall post the following information relating
239 to the contract on the contract tracking system:
240 1. The names of the contracting entities.
241 2. The procurement method.
242 3. The contract beginning and ending dates.
243 4. The nature or type of the commodities or services
244 purchased.
245 5. Applicable contract unit prices and deliverables.
246 6. Total compensation to be paid or received under the
247 contract.
248 7. All payments made to the contractor to date.
249 8. Applicable contract performance measures.
250 9. If a competitive solicitation was not used to procure
251 the goods or services, the justification of such action,
252 including citation to a statutory exemption or exception from
253 competitive solicitation, if any.
254 10. Electronic copies of the contract and procurement
255 documents that have been redacted to exclude confidential or
256 exempt information.
257 (b) Within 30 calendar days after executing a contract,
258 each county shall post the following information relating to the
259 contract on the contract tracking system or an alternate
260 contract tracking system authorized by the department:
261 1. The names of the contracting entities.
262 2. The procurement method.
263 3. The contract beginning and ending dates.
264 4. The nature or type of the commodities or services
265 purchased.
266 5. Applicable contract unit prices and deliverables.
267 6. Total compensation to be paid or received under the
268 contract.
269 7. Applicable contract performance measures.
270 8. If a competitive solicitation was not used to procure
271 the goods or services, the justification of such action,
272 including citation to a statutory exemption or an exception from
273 competitive solicitation, if any.
274 9. Electronic copies of the contract and procurement
275 documents that have been redacted as required by paragraph (e).
276 (c)(b) Within 30 calendar days after an amendment to an
277 existing contract, the state entity or county that is a party to
278 the contract must update the information described in paragraph
279 (a) or paragraph (b), respectively, in the contract tracking
280 system. An amendment to a contract includes, but is not limited
281 to, a renewal, termination, or extension of the contract or a
282 modification of the terms of the contract.
283 (d)(c) For each contract for which a state entity makes a
284 payment pursuant to a contract executed, amended, or extended on
285 or after July 1, 2023, the state entity shall post any documents
286 submitted pursuant to s. 216.1366 which indicate the use of
287 state funds as remuneration under the contract or a specified
288 payment associated with the contract on the contract tracking
289 system.
290 (e)(d)1. Records made available on the contract tracking
291 system may not reveal information made confidential or exempt by
292 law.
293 2. Each state entity or county that is a party to a
294 contract must redact confidential or exempt information from the
295 contract and procurement documents before posting an electronic
296 copy on the contract tracking system. If a state entity or
297 county that is a party to the contract becomes aware that an
298 electronic copy of a contract or a procurement document has been
299 posted but has not been properly redacted, the state entity or
300 county must immediately notify the Chief Financial Officer and
301 must immediately remove the contract or procurement document
302 from the contract tracking system. Within 7 business days, the
303 state entity must post a properly redacted copy of the contract
304 or procurement document on the contract tracking system.
305 3.a. If a party to a contract, or an authorized
306 representative of a party to a contract, discovers that an
307 electronic copy of a contract or procurement document has been
308 posted to the contract tracking system but has not been properly
309 redacted, the party or representative may request the state
310 entity or county that is a party to the contract to redact the
311 confidential or exempt information. Upon receipt of the request,
312 the state entity or county shall redact the confidential or
313 exempt information.
314 b. A request to redact confidential or exempt information
315 must be made in writing and delivered by mail, facsimile,
316 electronic transmission, or in person to the state entity or
317 county that is a party to the contract. The request must
318 identify the specific document, the page numbers that include
319 the confidential or exempt information, the information that is
320 confidential or exempt, and the applicable statutory exemption.
321 A fee may not be charged for a redaction made pursuant to the
322 request.
323 c. A party to a contract may petition the circuit court for
324 an order directing compliance with this paragraph.
325 4. The contract tracking system shall display a notice of
326 the right of an affected party to request redaction of
327 confidential or exempt information contained on the system.
328 5.a. The Chief Financial Officer, the Department of
329 Financial Services, or an officer, employee, or contractor
330 thereof, is not responsible for redacting confidential or exempt
331 information from an electronic copy of a contract or procurement
332 document posted by another state entity or county on the system.
333 b. The Chief Financial Officer, the Department of Financial
334 Services, or an officer, employee, or contractor thereof, is not
335 liable for the failure of a state entity or county to redact the
336 confidential or exempt information.
337 (f)(e)1. The posting of information on the contract
338 tracking system or the provision of contract information on a
339 website for public viewing and downloading does not supersede
340 the duty of a state entity or county to respond to a public
341 records request or subpoena for the information.
342 2. A request for a copy of a contract or procurement
343 document or certified copy of a contract or procurement document
344 shall be made to the state entity or county that is party to the
345 contract. The request may not be made to the Chief Financial
346 Officer, the Department of Financial Services, or an officer,
347 employee, or contractor thereof, unless the Chief Financial
348 Officer or the department is a party to the contract.
349 3. A subpoena for a copy of a contract or procurement
350 document or certified copy of a contract or procurement document
351 must be served on the state entity or county that is a party to
352 the contract and that maintains the original documents. The
353 Chief Financial Officer, the Department of Financial Services,
354 or an officer, employee, or contractor thereof, may not be
355 served a subpoena for those records unless the Chief Financial
356 Officer or the department is a party to the contract.
357 (g)(f) The Chief Financial Officer may regulate and
358 prohibit the posting of records that could facilitate identity
359 theft or fraud, such as signatures; compromise or reveal an
360 agency investigation; reveal the identity of undercover
361 personnel; reveal proprietary business information or trade
362 secrets; reveal an individual’s medical information; or reveal
363 another record or information that the Chief Financial Officer
364 believes may jeopardize the health, safety, or welfare of the
365 public. However, such action by the Chief Financial Officer does
366 not supersede the duty of a state entity or county to provide a
367 copy of a public record upon request.
368 (h)(g) The Chief Financial Officer may adopt rules to
369 administer this subsection.
370 (i)(h) For purposes of this subsection, the term:
371 1. “Procurement document” means any document or material
372 provided to the public or any vendor as part of a formal
373 competitive solicitation of goods or services undertaken by a
374 state entity or county, and a document or material submitted in
375 response to a formal competitive solicitation by any vendor who
376 is awarded the resulting contract.
377 2. “State entity” means an official, officer, commission,
378 board, authority, council, committee, or department of the
379 executive branch of state government; a state attorney, public
380 defender, criminal conflict and civil regional counsel, capital
381 collateral regional counsel, and the Justice Administrative
382 Commission; the Public Service Commission; and any part of the
383 judicial branch of state government.
384 (j)(i) In lieu of posting in the contract tracking system
385 administered by the Chief Financial Officer, the Department of
386 Legal Affairs and the Department of Agriculture and Consumer
387 Services may post the information described in paragraphs (a)
388 through (d) (c) to its own agency-managed website. The data
389 posted on the agency-managed website must be downloadable in a
390 format that allows offline analysis.
391 (k)(j) The requirement under paragraphs (a) through (d) (c)
392 that each agency or county post information and documentation
393 relating to contracts on the tracking system does not apply to
394 any record that could reveal attorney work product or strategy.
395 Section 5. The amendments made by this act to s.
396 215.985(14), Florida Statutes, may not be enforced until the
397 secure contract tracking system is able to accept reports. The
398 Chief Financial Officer shall make any changes necessary to the
399 secure contract tracking system to allow counties to make the
400 reports required by s. 215.985(14)(b), Florida Statutes, before
401 July 1, 2027.
402 Section 6. This act shall take effect July 1, 2026.