Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2096
       
       
       
       
       
       
                                Barcode 360508                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: AD/CR          .                                
             05/06/2011 05:45 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Conference Committee on SB 2096 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (i) is added to subsection (7) of
    7  section 11.45, Florida Statutes, to read:
    8         11.45 Definitions; duties; authorities; reports; rules.—
    9         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
   10         (i) Beginning in 2012, the Auditor General shall annually
   11  transmit by July 15, to the President of the Senate, the Speaker
   12  of the House of Representatives, and the Department of Financial
   13  Services, a list of all school districts, charter schools,
   14  charter technical career centers, Florida College System
   15  institutions, state universities, and water management districts
   16  that have failed to comply with the transparency requirements as
   17  identified in the audit reports reviewed pursuant to paragraph
   18  (b) and those conducted pursuant to (2).
   19         Section 2. Subsections (2), (5), (6), and (11) through (14)
   20  of section 215.985, Florida Statutes, are amended, and
   21  subsections (15) and (16) are added to that section, to read:
   22         215.985 Transparency in government spending.—
   23         (2) As used in this section, the term:
   24         (a) “Governmental entity” means any state, regional,
   25  county, municipal, special district, or other political
   26  subdivision whether executive, judicial, or legislative,
   27  including, but not limited to, any department, division, bureau,
   28  commission, authority, district, or agency thereof, or any
   29  public school district, Florida College System institution
   30  community college, state university, or associated board.
   31         (b) “Website” means a site on the Internet which is easily
   32  accessible to the public at no cost and does not require the
   33  user to provide any information.
   34         (c) “Committee” means the Legislative Auditing Committee
   35  created in s. 11.40.
   36         (5) The committee shall recommend a format for collecting
   37  and displaying information from state universities, public
   38  schools, Florida College System institutions community colleges,
   39  school districts, charter schools, charter technical career
   40  centers, local governmental units, and other governmental
   41  entities receiving state appropriations.
   42         (6) By November 1, 2012, and annually thereafter March 1,
   43  2010, the committee shall develop a schedule for adding
   44  additional other information to the website by type of
   45  information and governmental entity, including timeframes and
   46  development entity. The schedule for adding additional
   47  information shall be submitted to the President of the Senate
   48  and the Speaker of the House of Representatives. Additional
   49  information may include:
   50         (a) Disbursements by the governmental entity from funds
   51  established within the treasury of the governmental entity,
   52  including, for all branches of state government, allotment
   53  balances in the Florida Accounting Information Resource
   54  Subsystem.
   55         (b) Revenues received by each governmental entity,
   56  including receipts or deposits by the governmental entity into
   57  funds established within the treasury of the governmental
   58  entity.
   59         (c) Information relating to a governmental entity’s bonded
   60  indebtedness, including, but not limited to, the total amount of
   61  obligation stated in terms of principal and interest, an
   62  itemization of each obligation, the term of each obligation, the
   63  source of funding for repayment of each obligation, the amounts
   64  of principal and interest previously paid to reduce each
   65  obligation, the balance remaining of each obligation, any
   66  refinancing of any obligation, and the cited statutory authority
   67  to issue such bonds.
   68         (d) Links to available governmental entity websites.
   69         (11) A Any municipality or special district that has total
   70  annual revenues of less than $10 million having a population of
   71  10,000 or fewer is exempt from this section. Population
   72  determinations must be based on the most recent population
   73  estimates prepared pursuant to s. 186.901.
   74         (12) By September 1, 2011, each water management district
   75  shall provide a monthly financial statement to its governing
   76  board and make such statement available for public access on its
   77  website.
   78         (13)(12) This section does not require or permit the
   79  disclosure of information that is considered confidential by
   80  state or federal law.
   81         (14)(13) The Office of Policy and Budget in the Executive
   82  Office of the Governor shall ensure that all data added to the
   83  website remains accessible to the public for 10 years.
   84         (15)(14) The committee shall prepare an annual report
   85  detailing progress in establishing the single website and
   86  providing recommendations for enhancement of the content and
   87  format of the website and related policies and procedures. The
   88  first report shall be submitted to the Governor, the President
   89  of the Senate, and the Speaker of the House of Representatives
   90  by November 1, 2011, and annually by November 1 thereafter.
   91         (16) The Chief Financial Officer shall provide public
   92  access to a state contract management system that provides
   93  information and documentation relating to contracts procured by
   94  governmental entities.
   95         (a) The data collected in the system must include, but need
   96  not be limited to, the contracting agency; the procurement
   97  method; the contract beginning and ending dates; the type of
   98  commodity or service; the purpose of the commodity or service;
   99  the compensation to be paid; compliance information, such as
  100  performance metrics for the service or commodity; contract
  101  violations; the number of extensions or renewals; and the
  102  statutory authority for providing the service.
  103         (b) Within 30 days after a major change to an existing
  104  contract or the execution of a new contract, agency procurement
  105  staff of the affected state governmental entity shall update the
  106  necessary information in the state contract management system. A
  107  major change to a contract includes, but is not limited to, a
  108  renewal, termination, or extension of the contract or an
  109  amendment to the contract.
  110         Section 3. This act shall take effect July 1, 2011.
  111  
  112  ================= T I T L E  A M E N D M E N T ================
  113         And the title is amended as follows:
  114         Delete everything before the enacting clause
  115  and insert:
  116                        A bill to be entitled                      
  117         An act relating to state financial information;
  118         amending s. 11.45, F.S.; requiring that the Auditor
  119         General annually provide to the Legislature and the
  120         Department of Financial Services a list of specified
  121         entities that have failed to comply with certain
  122         financial transparency requirements; amending s.
  123         215.985, F.S., relating to the Transparency Florida
  124         Act; revising the definition of the term “governmental
  125         entity”; adding additional governmental entities to
  126         those for which the Legislative Auditing Committee
  127         recommends a format for collecting and displaying
  128         financial information; revising the schedule for
  129         adding information to the state’s official website;
  130         revising provisions exempting certain municipalities
  131         and special districts from the Transparency Florida
  132         Act; requiring each water management to submit monthly
  133         detailed financial statements to its governing board
  134         and post such statement on its website; requiring the
  135         Chief Financial Officer to provide public access to a
  136         state contract management system; providing the
  137         information that must be available on the system;
  138         requiring agency procurement staff to update data in
  139         the system; providing an effective date.