Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7026
       
       
       
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       585-01632C-13                                         20137026__
    1                        A bill to be entitled                      
    2         An act relating to transparency in government
    3         spending; amending s. 215.985, F.S.; adding a
    4         definition; requiring the Executive Office of the
    5         Governor to establish a single website providing
    6         access to other websites; revising provisions relating
    7         to the establishment of a website relating to the
    8         approved operating budget; requiring the office to
    9         establish a website providing information about fiscal
   10         planning for the state and specifying the information
   11         to be included on the website; requiring the
   12         Department of Management Services to maintain a
   13         website that provides current information on state
   14         employees and officers; revising provisions requiring
   15         the Legislative Auditing Committee to provide
   16         recommendations to the Legislature about adding other
   17         information to a website; requiring website managers
   18         to provide information about the cost of creating and
   19         maintaining each website; revising provisions relating
   20         to access to the state contract management system to
   21         require that such information be accessible through a
   22         website; requiring state agencies to post certain
   23         information on the system and to update that
   24         information; requiring that exempt and confidential
   25         information be redacted from contracts and procurement
   26         documents posted on the system; providing procedures
   27         for removing such information from the system;
   28         authorizing the Chief Financial Officer to make
   29         certain information available on a website for viewing
   30         and downloading by the public and providing guidelines
   31         for regulation of such website; providing
   32         applicability of public record requests for
   33         information posted on the website; authorizing the
   34         Chief Financial Officer to adopt rules; providing for
   35         an appropriation; providing an effective date.
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 215.985, Florida Statutes, is reordered
   40  and amended to read:
   41         215.985 Transparency in government spending.—
   42         (1) This section may be cited as the “Transparency Florida
   43  Act.”
   44         (2) As used in this section, the term:
   45         (c)(a) “Governmental entity” means a any state, regional,
   46  county, municipal, special district, or other political
   47  subdivision whether executive, judicial, or legislative,
   48  including, but not limited to, a any department, division,
   49  bureau, commission, authority, district, or agency thereof, or
   50  any public school, Florida College System institution, state
   51  university, or associated board.
   52         (d)(b) “Website” means a site on the Internet which is
   53  easily accessible to the public at no cost and does not require
   54  the user to provide any information.
   55         (a)(c) “Committee” means the Legislative Auditing Committee
   56  created in s. 11.40.
   57         (b) “Contract” means a written agreement or purchase order
   58  issued for the purchase of goods or services, or written
   59  agreement for the receipt of state or federal financial
   60  assistance.
   61         (3) The Executive Office of the Governor, in consultation
   62  with the appropriations committees of the Senate and the House
   63  of Representatives, shall establish and maintain a single
   64  website that provides access to all other websites required by
   65  this section. Such single website and other websites must:
   66         (a) Be constructed for usability that, to the extent
   67  possible, provides an intuitive user experience.
   68         (b) Provide a consistent visual design, interaction or
   69  navigation design, and information or data presentation.
   70         (c) Be deployed in compliance with the Americans with
   71  Disabilities Act.
   72         (d) Be compatible with all major web browsers.
   73         (4)(3) The Executive Office of the Governor, in
   74  consultation with the appropriations committees of the Senate
   75  and the House of Representatives, shall establish and maintain a
   76  single website that, directly accessible through the state’s
   77  official Internet portal, which provides information relating to
   78  the approved operating budget each appropriation in the General
   79  Appropriations Act for each branch of state government and state
   80  agency.
   81         (a) At a minimum, the information provided must include:
   82         1. Disbursement data for each appropriation by the object
   83  code associated with each expenditure established within the
   84  Florida Accounting Information Resource Subsystem. Expenditure
   85  data must include the name of the payee, the date of the
   86  expenditure, the amount of the expenditure, and the statewide
   87  document number. Such data must be searchable by the name of the
   88  payee, the paying agency, and fiscal year, and must be
   89  downloadable in a format that allows offline analysis.
   90         2. For each appropriation, any adjustments, including
   91  vetoes, approved supplemental appropriations included in
   92  legislation other than the General Appropriations Act, budget
   93  amendments, other actions approved pursuant to chapter 216, and
   94  any other adjustments authorized by law.
   95         3. Status of spending authority for each appropriation in
   96  the approved operating budget, including released, unreleased,
   97  reserved, and disbursed balances.
   98         4. Position and rate information for positions provided in
   99  the General Appropriations Act or approved through an amendment
  100  to the approved operating budget and position information for
  101  positions established in the legislative branch.
  102         5. Allotments for planned expenditures of state
  103  appropriations established by state agencies in the Florida
  104  Accounting Information Resource Subsystem, and the current
  105  balances of such allotments.
  106         6. Trust fund balance reports, including cash available,
  107  investments, and receipts.
  108         7. General revenue fund balance reports, including revenue
  109  received and amounts disbursed.
  110         8. Fixed capital outlay project data, including original
  111  appropriation and disbursements throughout the life of the
  112  project.
  113         9. A 10-year history of appropriations indicated by agency.
  114         10. Links to state audits or reports related to the
  115  expenditure and dispersal of state funds.
  116         11. Links to program or activity descriptions for which
  117  funds may be expended.
  118         (b) All data provided through the website must be data
  119  currently available in the state’s financial management
  120  information system referenced in s. 215.93. The Office of Policy
  121  and Budget in the Executive Office of the Governor shall ensure
  122  that all data added to the website remains accessible to the
  123  public for 10 years.
  124         (4) The committee shall propose providing additional state
  125  fiscal information, which may include, but is not limited to,
  126  the following information for state agencies:
  127         (a) Details of nonoperating budget authority established
  128  pursuant to s. 216.181.
  129         (b) Trust fund balance reports, including cash available,
  130  investments, and receipts.
  131         (c) General revenue fund balance reports, including revenue
  132  received and amounts disbursed.
  133         (d) Fixed capital outlay project data, including original
  134  appropriation and disbursements throughout the life of the
  135  project.
  136         (e) A 10-year history of appropriations indicated by
  137  agency.
  138         (f)Links to state audits or reports related to the
  139  expenditure and dispersal of state funds.
  140         (g) Links to program or activity descriptions for which
  141  funds may be expended.
  142         (5) The Executive Office of the Governor, in consultation
  143  with the appropriations committees of the Senate and the House
  144  of Representatives, shall establish and maintain a website that
  145  provides information relating to fiscal planning for the state.
  146         (a) At a minimum, the information must include:
  147         1. The long-range financial outlook adopted by the
  148  Legislative Budget Commission.
  149         2. The instructions to the agencies relating to legislative
  150  budget requests, capital improvement plans, and long-range
  151  program plans.
  152         3. The legislative budget requests submitted by each state
  153  agency or branch of state government, and any amendments to such
  154  requests.
  155         4. The capital improvement plans submitted by each state
  156  agency or branch of state government.
  157         5. The long-range program plans submitted by each state
  158  agency or branch of state government.
  159         6. The Governor’s budget recommendation submitted pursuant
  160  to s. 216.163.
  161         (b) The data must be searchable by fiscal year, agency,
  162  appropriation category, and keywords.
  163         (c) The Office of Policy and Budget in the Executive Office
  164  of the Governor shall ensure that all data added to the website
  165  remains accessible to the public for 10 years.
  166         (5) The committee shall recommend a format for collecting
  167  and displaying information from state universities, Florida
  168  College System institutions, school districts, charter schools,
  169  charter technical career centers, local governmental units, and
  170  other governmental entities.
  171         (6) The Department of Management Services shall establish
  172  and maintain a website that provides current information
  173  relating to each employee or officer of a state agency, state
  174  university, or the State Board of Administration, regardless of
  175  the appropriation category from which the person is paid.
  176         (a) For each employee or officer, the information must
  177  include, at a minimum, his or her:
  178         1. Name and salary or hourly rate of pay.
  179         2. Position number, class code, and class title.
  180         3. Employing agency and budget entity.
  181         (b) The information must be searchable by state agency,
  182  state university, and the State Board of Administration, and by
  183  employee name, salary range, or class code and must be
  184  downloadable in a format that allows offline analysis.
  185         (7)(6) By November 1, 2013 2012, and annually thereafter,
  186  the committee shall recommend to the President of the Senate and
  187  the Speaker of the House of Representatives:
  188         (a) Additional information to be added to a website, such
  189  as whether to expand the scope of the information provided to
  190  include state universities, Florida College System institutions,
  191  school districts, charter schools, charter technical career
  192  centers, local government units, and other governmental
  193  entities.
  194         (b)develop A schedule for adding additional information to
  195  the website by type of information and governmental entity,
  196  including timeframes and development entity.
  197         (c) A format for collecting and displaying the additional
  198  information. The schedule for adding additional information
  199  shall be submitted to the President of the Senate and the
  200  Speaker of the House of Representatives. Additional information
  201  may include:
  202         (a) Disbursements by the governmental entity from funds
  203  established within the treasury of the governmental entity,
  204  including, for all branches of state government, allotment
  205  balances in the Florida Accounting Information Resource
  206  Subsystem.
  207         (b) Revenues received by each governmental entity,
  208  including receipts or deposits by the governmental entity into
  209  funds established within the treasury of the governmental
  210  entity.
  211         (c) Information relating to a governmental entity’s bonded
  212  indebtedness, including, but not limited to, the total amount of
  213  obligation stated in terms of principal and interest, an
  214  itemization of each obligation, the term of each obligation, the
  215  source of funding for repayment of each obligation, the amounts
  216  of principal and interest previously paid to reduce each
  217  obligation, the balance remaining of each obligation, any
  218  refinancing of any obligation, and the cited statutory authority
  219  to issue such bonds.
  220         (d) Links to available governmental entity websites.
  221         (8)(7)The manager of each website described in subsections
  222  (4), (5), and (6) shall submit to the committee information
  223  relating to the cost of creating and maintaining such website,
  224  and A counter shall be established on the website to show the
  225  number of times the website has been accessed.
  226         (8) By August 31 of each fiscal year, each executive branch
  227  agency, the state court system, and the Legislature shall
  228  establish allotments in the Florida Accounting Information
  229  Resource Subsystem for planned expenditures of state
  230  appropriations.
  231         (9) The committee shall coordinate with the Financial
  232  Management Information Board in developing any recommendations
  233  for including information on the website which is necessary to
  234  meet the requirements of s. 215.91(8).
  235         (10) Functional owners as described defined in s. 215.94
  236  and other governmental entities shall provide information
  237  necessary to accomplish the purposes of this section.
  238         (11) A municipality or special district that has total
  239  annual revenues of less than $10 million is exempt from this
  240  section.
  241         (11)(12)By September 1, 2011, Each water management
  242  district shall provide a monthly financial statement to its
  243  governing board and make such statement available for public
  244  access on its website.
  245         (12)(13) This section does not require or permit the
  246  disclosure of information that is considered confidential under
  247  by state or federal law.
  248         (14) The Office of Policy and Budget in the Executive
  249  Office of the Governor shall ensure that all data added to the
  250  website remains accessible to the public for 10 years.
  251         (13)(15) The committee shall prepare an annual report
  252  detailing progress in establishing the single website and
  253  providing recommendations for enhancement of the content and
  254  format of the website and related policies and procedures. The
  255  first report shall be submitted to the Governor, the President
  256  of the Senate, and the Speaker of the House of Representatives
  257  by November 1, 2011, and annually by November 1 thereafter.
  258         (14)(16) The Chief Financial Officer shall establish and
  259  maintain a secure, shared state contract tracking system
  260  accessible through a website to provide public access to a state
  261  contract management system that provides information and
  262  documentation relating to contracts procured by state agencies
  263  governmental entities.
  264         (a) Within 30 calendar days after executing a contract,
  265  each state agency must post the following information and
  266  documentation relating to that contract on the system:
  267         1. The names of the contracting entities.
  268         2. The procurement method.
  269         3. The contract beginning and ending dates.
  270         4. The nature or type of commodities or services purchased.
  271         5. Applicable contract unit prices and deliverables.
  272         6. Total compensation to be paid or received under the
  273  contract.
  274         7. All payments made to the contractor to date.
  275         8. Applicable contract performance measures.
  276         9. If a competitive solicitation was not used to procure
  277  the goods or services, the justification of such action,
  278  including citation to a statutory exemption or exception from
  279  competitive solicitation, if any.
  280         10. Electronic copies of the contract and procurement
  281  documents that have been redacted to conceal exempt or
  282  confidential information as provided under paragraph (c). The
  283  data collected in the system must include, but need not be
  284  limited to, the contracting agency; the procurement method; the
  285  contract beginning and ending dates; the type of commodity or
  286  service; the purpose of the commodity or service; the
  287  compensation to be paid; compliance information, such as
  288  performance metrics for the service or commodity; contract
  289  violations; the number of extensions or renewals; and the
  290  statutory authority for providing the service.
  291         (b) Within 30 calendar days after a major modification or
  292  amendment change to an existing contract, or the execution of a
  293  new contract, agency procurement staff of the affected state
  294  governmental entity shall update the necessary information and
  295  documentation described in paragraph (a) in the state contract
  296  tracking management system. A major modification or amendment
  297  change to a contract includes, but is not limited to, a renewal,
  298  termination, or extension of the contract, or an amendment to
  299  the contract as determined by the Chief Financial Officer.
  300         (c) Each state agency shall redact, as defined in s.
  301  119.011, information that is exempt from s. 119.07(1) and Art.
  302  I, s. 24(a) of the State Constitution, or that is otherwise made
  303  confidential by law, from the contract or procurement documents
  304  before posting an electronic copy of such documents on the state
  305  contract tracking system.
  306         1. If a state agency becomes aware that an electronic copy
  307  of a contract or procurement document that it posted has not
  308  been properly redacted, the state agency shall immediately
  309  notify the Chief Financial Officer so that the contract or
  310  procurement document can be removed. Within 7 calendar days, the
  311  state agency shall provide the Chief Financial Officer with a
  312  properly redacted copy for posting.
  313         2. If a party to a contract, or an authorized
  314  representative thereof, discovers that an electronic copy of a
  315  contract or procurement document on the system has not been
  316  properly redacted, the party or representative may request the
  317  state agency that posted the document to redact the exempt or
  318  confidential information. Upon receipt of a request in
  319  compliance with this subparagraph, the state agency that posted
  320  the document shall redact the exempt or confidential
  321  information.
  322         a. Such request must be in writing and delivered by mail or
  323  electronic transmission, or in person, to the state agency that
  324  posted the information. The request must identify the specific
  325  document, the page numbers that include the exempt or
  326  confidential information, the information that is exempt or
  327  confidential, and the statute that makes the information exempt
  328  or confidential. A fee may not be charged for a redaction made
  329  pursuant to such request.
  330         b. If necessary, a party to a contract may petition the
  331  circuit court for an order directing compliance with this
  332  paragraph.
  333         3. The Chief Financial Officer, the Department of Financial
  334  Services, or an officer, employee, or contractor thereof, is not
  335  responsible for redacting exempt or confidential information
  336  from an electronic copy of a contract or procurement document
  337  posted by another state agency on the system, and is not liable
  338  for the failure of the state agency to redact the exempt or
  339  confidential information. The Chief Financial Officer may notify
  340  the posting state agency if a document posted on the tracking
  341  system which contains exempt or confidential information is
  342  discovered.
  343         (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
  344  Officer may make information posted on the state contract
  345  tracking system available for viewing and downloading by the
  346  public through a website. Unless otherwise provided by law,
  347  information retrieved electronically pursuant to this paragraph
  348  is not admissible in court as an authenticated document.
  349         1. The Chief Financial Officer may regulate and prohibit
  350  the posting of records that could facilitate identity theft or
  351  fraud, such as signatures; compromise or reveal an agency
  352  investigation; reveal the identity of undercover personnel;
  353  reveal proprietary business information or trade secrets; reveal
  354  an individual’s medical information; or reveal any other record
  355  or information that the Chief Financial Officer believes may
  356  jeopardize the health, safety, or welfare of the public.
  357  However, such action by the Chief Financial Officer does not
  358  supersede the duty of a state agency to provide a copy of a
  359  public record upon request. The Chief Financial Officer shall
  360  use appropriate Internet security measures to ensure that no
  361  person has the ability to alter or modify records available on
  362  the website.
  363         2. Records made available on the website, including
  364  electronic copies of contracts or procurement documents, may not
  365  reveal information made exempt or confidential by law. Notice of
  366  the right of an affected party to request redaction of exempt or
  367  confidential information pursuant to paragraph (c) must be
  368  displayed on the website.
  369         (e) The posting of information on the state contract
  370  tracking system, or the provision of contract information on a
  371  website for public viewing and downloading, does not supersede
  372  the duty of a state agency to respond to a public record request
  373  for such information or to a subpoena for such information.
  374         1. A request for a copy of a contract or procurement
  375  document or a certified copy of a contract or procurement
  376  document shall be made to the state agency that is party to the
  377  contract. Such request may not be made to the Chief Financial
  378  Officer or the Department of Financial Services or an officer,
  379  employee, or contractor thereof unless the Chief Financial
  380  Officer or the department is a party to the contract.
  381         2. A subpoena for a copy of a contract or procurement
  382  document or certified copy of a contract or procurement document
  383  must be served on the state agency that is a party to the
  384  contract and that maintains the original documents. The Chief
  385  Financial Officer or the Department of Financial Services or an
  386  officer, employee, or contractor thereof may not be served a
  387  subpoena for those records unless the Chief Financial Officer or
  388  the department is a party to the contract.
  389         (f) The Chief Financial Officer may adopt rules to
  390  administer this subsection, including procedures and
  391  requirements for submitting and updating the information and
  392  documentation relating to contracts required by this subsection.
  393         Section 2. The sum of $326,775 in recurring funds and
  394  $386,292 in nonrecurring funds from the General Revenue Fund and
  395  four full-time equivalent positions and associated salary rate
  396  of 231,409 are appropriated to the Department of Financial
  397  Services for the 2013-2014 fiscal year to implement the state
  398  contract tracking system.
  399         Section 3. This act shall take effect July 1, 2013.