Florida Senate - 2021 CS for CS for SB 1570
By the Committees on Appropriations; and Governmental Oversight
and Accountability; and Senator Rodriguez
576-04204-21 20211570c2
1 A bill to be entitled
2 An act relating to quasi-public entities; creating s.
3 20.059, F.S.; defining terms; requiring the Governor
4 to specify affiliated departments for certain quasi
5 public entities by a certain date; providing
6 requirements for the affiliated departments; providing
7 requirements for a law creating a quasi-public entity;
8 requiring a quasi-public entity to submit an annual
9 report that includes certain information to the
10 Governor, the Legislature, and its affiliated
11 department by a certain date; requiring a quasi-public
12 entity to maintain a website that includes certain
13 information; prohibiting a quasi-public entity from
14 using public funds to retain a lobbyist; authorizing
15 certain employees of a quasi-public entity to register
16 as a lobbyist and represent the quasi-public entity;
17 prohibiting a quasi-public entity from creating an
18 entity separate from itself, unless specifically
19 authorized by law; requiring that meetings of the
20 quasi-public entity’s governing body be video
21 recorded; prohibiting an executive director or similar
22 officer of a quasi-public entity from certain
23 involvement with the entity’s governing body;
24 requiring the Auditor General to compile a list of
25 quasi-public entities and submit the list to the
26 Governor, the Legislature, and the Legislative
27 Auditing Committee by a specified date; requiring the
28 Legislative Auditing Committee to establish a process
29 for random selection of quasi-public entities to
30 undergo operational audits; providing exceptions to
31 the audit process for certain entities; amending s.
32 215.985, F.S.; defining the term “quasi-public
33 entity”; requiring the Department of Management
34 Services to provide certain information relating to
35 quasi-public entity employees or officers on a
36 website; requiring such information to be searchable
37 in a certain manner; requiring a quasi-public entity
38 to post and update certain information on the secure
39 contract tracking system established and maintained by
40 the Chief Financial Officer; requiring a quasi-public
41 entity to redact certain information; providing that
42 the Chief Financial Officer, the Department of
43 Financial Services, and officers, employees, and
44 contractors thereof are not responsible for redacting,
45 and are not liable for the failure to redact, certain
46 information posted on the secure contract tracking
47 system by a quasi-public entity; providing that the
48 posting of certain information does not supersede the
49 duty of a quasi-public entity to respond to certain
50 requests or subpoenas; providing that certain actions
51 by the Chief Financial Officer do not supersede the
52 duty of a quasi-public entity to provide certain
53 records upon request; revising and providing
54 definitions; providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Section 20.059, Florida Statutes, is created to
59 read:
60 20.059 Quasi-public entities.—
61 (1) As used in this section, the term:
62 (a) “Governmental entity” means a state, regional, county,
63 municipal, or special district entity or any other political
64 subdivision, whether executive, judicial, or legislative,
65 including, but not limited to, a department, a division, a
66 bureau, a commission, an authority, a district, or an agency
67 thereof, or a public school, a Florida College System
68 institution, a state university, or an associated board.
69 (b) “Operational audit” has the same meaning as in s.
70 11.45.
71 (c) “Quasi-public entity” means an entity with statewide
72 application, other than a governmental entity, established by
73 general law, regardless of form, for a public purpose or to
74 effectuate a government program, which is not under the direct
75 control of a governmental entity. The term does not include a
76 citizen support organization; a direct-support organization; a
77 joint underwriting association, a risk apportionment plan, or
78 any other entity created under s. 627.311 or s. 627.351; a
79 research institute of the state university system; or an entity
80 licensed as a health care facility under chapter 395. For
81 purposes of this paragraph, the term “direct control” means the
82 ability to plan, direct, coordinate, and execute the powers,
83 duties, functions, and responsibilities of a quasi-public
84 entity, including the ability to control, supervise, and manage
85 the quasi-public entity’s daily operations. The term does not
86 include the appointment of public officials or private persons
87 to the governing body, regardless of appointment method, and
88 does not include the approval of a plan of operations by a
89 governmental entity.
90 (2)(a) For a quasi-public entity created in law before July
91 1, 2021, the Governor must specify a department with which the
92 quasi-public entity will be affiliated, unless a department is
93 already specified in law, no later than December 31, 2021. The
94 affiliated department, whether specified by the Governor or in
95 law, shall serve in an advisory capacity to the governing body
96 of the affiliated quasi-public entity. The head of the
97 affiliated department shall review the activities of the
98 affiliated quasi-public entity at least annually and shall
99 recommend appropriate statutory changes to the Legislature, as
100 necessary, to ensure the most efficient and cost-effective
101 operation.
102 (b) For a quasi-public entity created in law on or after
103 July 1, 2021, the law creating the quasi-public entity shall
104 specify a department with which the quasi-public entity will be
105 affiliated. The affiliated department shall serve in an advisory
106 capacity to the governing body of the affiliated quasi-public
107 entity. The head of the affiliated department shall review the
108 activities of the affiliated quasi-public entity at least
109 annually and shall recommend appropriate statutory changes to
110 the Legislature, as necessary, to ensure the most efficient and
111 cost-effective operation.
112 (3) By September 15 of each year, each quasi-public entity
113 shall submit a report to the Governor, the President of the
114 Senate, the Speaker of the House of Representatives, and its
115 affiliated department which includes all of the following
116 information:
117 (a) The name, mailing address, physical address, telephone
118 number, and website address of the quasi-public entity.
119 (b) The statutory authority creating the quasi-public
120 entity.
121 (c) A description of the quasi-public entity’s mission.
122 (d) A description of the quasi-public entity’s plans for
123 the next 3 fiscal years.
124 (e) A copy of the quasi-public entity’s code of ethics.
125 (f) If the quasi-public entity is a corporation not for
126 profit, a copy of the entity’s most recent federal Internal
127 Revenue Service Return of Organization Exempt from Income Tax
128 Form (Form 990).
129 (g) If the quasi-public entity is organized as a
130 corporation, a copy of all of the following:
131 1. Corporate governance framework and structure.
132 2. Policies and practices of the corporation’s significant
133 committees, including any compensation committee.
134 3. Policies and practices for directing senior management.
135 4. Processes by which the board, its committees, and senior
136 management ensure an appropriate amount of oversight over the
137 corporation’s activities.
138 (h) If the quasi-public entity has created an entity of any
139 type with which it is affiliated, the following information must
140 be included for each such affiliated entity:
141 1. The name, mailing address, physical address, telephone
142 number, and website address of the affiliated entity.
143 2. The statutory authority creating or authorizing the
144 creation of the affiliated entity, if any.
145 3. A description of the affiliated entity’s mission.
146 4. If the affiliated entity is a corporation, a copy of all
147 of the information described in paragraph (g).
148 5. If the affiliated entity is a corporation not for
149 profit, a copy of the entity’s most recent federal Internal
150 Revenue Service Return of Organization Exempt from Income Tax
151 Form (Form 990).
152 (4) Each quasi-public entity shall maintain a publicly
153 accessible website. The website must include the following:
154 (a) The report required pursuant to subsection (3).
155 (b) The most recently approved operating budget, which must
156 be maintained on the website for 2 years.
157 (c) The position title and annual salary or rate of pay for
158 each regularly established position.
159 (d) A link to any state audit or report of the entity’s
160 operations.
161 (e) A link to any program or activity descriptions for
162 which funds may be expended.
163 (f) All meeting notices for meetings of the entity’s
164 governing body, which must be maintained on the website for 2
165 years.
166 (g) The official minutes of each meeting of the entity’s
167 governing body, which must be posted no later than 7 days after
168 the date of the meeting in which the minutes are approved.
169 (5) A quasi-public entity may not use public funds to
170 retain a lobbyist to represent the entity before the legislative
171 or executive branch. However, a full-time employee of the quasi
172 public entity may register as a lobbyist and represent the
173 entity before the legislative or executive branch. Except as a
174 full-time employee, a person may not accept public funds from a
175 quasi-public entity for lobbying.
176 (6) Unless specifically authorized by law, a quasi-public
177 entity may not create an entity separate from itself, including
178 a citizen support organization or a direct-support organization.
179 (7) Any meeting of a quasi-public entity’s governing body
180 must be video recorded.
181 (8) The executive director of a quasi-public entity, or an
182 officer with responsibilities similar to that of an executive
183 director, may not recommend or otherwise be involved in the
184 selection, appointment, or retention of any member of the
185 entity’s governing body.
186 (9)(a) By October 1, 2021, the Auditor General shall
187 compile a list of the quasi-public entities subject to this
188 section and provide such list to the Governor, the President of
189 the Senate, the Speaker of the House of Representatives, and the
190 Legislative Auditing Committee. The list must be available on
191 the Auditor General’s website for review by the public.
192 (b) The Legislative Auditing Committee shall establish
193 procedures for the annual selection of a random sample of five
194 of the quasi-public entities identified in paragraph (a) to
195 undergo an operational audit by the Auditor General. A quasi
196 public entity that has had an operational audit completed by the
197 Auditor General within the preceding 4 years or that is
198 otherwise subject to a statutorily required operational audit by
199 the Auditor General may not be included in the random sample.
200 Section 2. Present paragraph (d) of subsection (2) of
201 section 215.985, Florida Statutes, is redesignated as paragraph
202 (e), a new paragraph (d) is added to that subsection, and
203 subsections (6) and (14) of that section are amended, to read:
204 215.985 Transparency in government spending.—
205 (2) As used in this section, the term:
206 (d) “Quasi-public entity” has the same meaning as provided
207 in s. 20.059.
208 (6) The Department of Management Services shall establish
209 and maintain a website that provides current information
210 relating to each employee or officer of a state agency, a state
211 university, a Florida College System institution, a quasi-public
212 entity, or the State Board of Administration, regardless of the
213 appropriation category from which the person is paid.
214 (a) For each employee or officer, the information must
215 include, at a minimum, his or her:
216 1. Name and salary or hourly rate of pay.
217 2. Position number, class code, and class title.
218 3. Employing agency or quasi-public entity and budget
219 entity.
220 (b) The information must be searchable by state agency,
221 state university, Florida College System institution, quasi
222 public entity, and the State Board of Administration, and by
223 employee name, salary range, or class code and must be
224 downloadable in a format that allows offline analysis.
225 (14) The Chief Financial Officer shall establish and
226 maintain a secure contract tracking system available for viewing
227 and downloading by the public through a secure website. The
228 Chief Financial Officer shall use appropriate Internet security
229 measures to ensure that no person has the ability to alter or
230 modify records available on the website.
231 (a) Within 30 calendar days after executing a contract,
232 each state and quasi-public entity shall post the following
233 information relating to the contract on the contract tracking
234 system:
235 1. The names of the contracting entities.
236 2. The procurement method.
237 3. The contract beginning and ending dates.
238 4. The nature or type of the commodities or services
239 purchased.
240 5. Applicable contract unit prices and deliverables.
241 6. Total compensation to be paid or received under the
242 contract.
243 7. All payments made to the contractor to date.
244 8. Applicable contract performance measures.
245 9. If a competitive solicitation was not used to procure
246 the goods or services, the justification of such action,
247 including citation to a statutory exemption or exception from
248 competitive solicitation, if any.
249 10. Electronic copies of the contract and procurement
250 documents that have been redacted to exclude confidential or
251 exempt information.
252 (b) Within 30 calendar days after an amendment to an
253 existing contract, the state entity or quasi-public entity that
254 is a party to the contract must update the information described
255 in paragraph (a) in the contract tracking system. An amendment
256 to a contract includes, but is not limited to, a renewal,
257 termination, or extension of the contract or a modification of
258 the terms of the contract.
259 (c) By January 1, 2014, each state and quasi-public entity
260 shall post to the contract tracking system the information
261 required in paragraph (a) for each existing contract that was
262 executed before July 1, 2013, with payment from state funds made
263 after June 30, 2013.
264 (d)1. Records made available on the contract tracking
265 system may not reveal information made confidential or exempt by
266 law.
267 2. Each state and quasi-public entity that is a party to a
268 contract must redact confidential or exempt information from the
269 contract and procurement documents before posting an electronic
270 copy on the contract tracking system. If a state entity or
271 quasi-public entity that is a party to the contract becomes
272 aware that an electronic copy of a contract or a procurement
273 document has been posted but has not been properly redacted, the
274 state entity or quasi-public entity must immediately notify the
275 Chief Financial Officer and must immediately remove the contract
276 or procurement document from the contract tracking system.
277 Within 7 business days, the state entity or quasi-public entity
278 must post a properly redacted copy of the contract or
279 procurement document on the contract tracking system.
280 3.a. If a party to a contract, or an authorized
281 representative of a party to a contract, discovers that an
282 electronic copy of a contract or procurement document has been
283 posted to the contract tracking system but has not been properly
284 redacted, the party or representative may request the state
285 entity or quasi-public entity that is a party to the contract to
286 redact the confidential or exempt information. Upon receipt of
287 the request, the state entity or quasi-public entity shall
288 redact the confidential or exempt information.
289 b. A request to redact confidential or exempt information
290 must be made in writing and delivered by mail, facsimile,
291 electronic transmission, or in person to the state entity or
292 quasi-public entity that is a party to the contract. The request
293 must identify the specific document, the page numbers that
294 include the confidential or exempt information, the information
295 that is confidential or exempt, and the applicable statutory
296 exemption. A fee may not be charged for a redaction made
297 pursuant to the request.
298 c. A party to a contract may petition the circuit court for
299 an order directing compliance with this paragraph.
300 4. The contract tracking system shall display a notice of
301 the right of an affected party to request redaction of
302 confidential or exempt information contained on the system.
303 5.a. The Chief Financial Officer, the Department of
304 Financial Services, or an officer, employee, or contractor
305 thereof, is not responsible for redacting confidential or exempt
306 information from an electronic copy of a contract or procurement
307 document posted by another state entity or quasi-public entity
308 on the system.
309 b. The Chief Financial Officer, the Department of Financial
310 Services, or an officer, employee, or contractor thereof, is not
311 liable for the failure of a state entity or quasi-public entity
312 to redact the confidential or exempt information.
313 (e)1. The posting of information on the contract tracking
314 system or the provision of contract information on a website for
315 public viewing and downloading does not supersede the duty of a
316 state entity or quasi-public entity to respond to a public
317 records request or subpoena for the information.
318 2. A request for a copy of a contract or procurement
319 document or certified copy of a contract or procurement document
320 shall be made to the state entity or quasi-public entity that is
321 party to the contract. The request may not be made to the Chief
322 Financial Officer, the Department of Financial Services, or an
323 officer, employee, or contractor thereof, unless the Chief
324 Financial Officer or the department is a party to the contract.
325 3. A subpoena for a copy of a contract or procurement
326 document or certified copy of a contract or procurement document
327 must be served on the state entity or quasi-public entity that
328 is a party to the contract and that maintains the original
329 documents. The Chief Financial Officer, the Department of
330 Financial Services, or an officer, employee, or contractor
331 thereof, may not be served a subpoena for those records unless
332 the Chief Financial Officer or the department is a party to the
333 contract.
334 (f) The Chief Financial Officer may regulate and prohibit
335 the posting of records that could facilitate identity theft or
336 fraud, such as signatures; compromise or reveal an agency
337 investigation; reveal the identity of undercover personnel;
338 reveal proprietary business information or trade secrets; reveal
339 an individual’s medical information; or reveal another record or
340 information that the Chief Financial Officer believes may
341 jeopardize the health, safety, or welfare of the public.
342 However, such action by the Chief Financial Officer does not
343 supersede the duty of a state entity or quasi-public entity to
344 provide a copy of a public record upon request.
345 (g) The Chief Financial Officer may adopt rules to
346 administer this subsection.
347 (h) For purposes of this subsection, the term:
348 1. “Procurement document” means any document or material
349 provided to the public or any vendor as part of a formal
350 competitive solicitation of goods or services undertaken by a
351 state entity or quasi-public entity, and a document or material
352 submitted in response to a formal competitive solicitation by
353 any vendor who is awarded the resulting contract.
354 2. “Quasi-public entity” means an entity established by
355 law, regardless of form, for a public purpose or to effectuate a
356 government program and which is not directly controlled by a
357 governmental entity. This term does not include a citizen
358 support organization or a direct-support organization.
359 3.2. “State entity” means an official, officer, commission,
360 board, authority, council, committee, or department of the
361 executive branch of state government; a state attorney, public
362 defender, criminal conflict and civil regional counsel, capital
363 collateral regional counsel, and the Justice Administrative
364 Commission; the Public Service Commission; and any part of the
365 judicial branch of state government.
366 (i) In lieu of posting in the contract tracking system
367 administered by the Chief Financial Officer, the Department of
368 Legal Affairs and the Department of Agriculture and Consumer
369 Services may post the information described in paragraphs (a)
370 through (c) to its own agency-managed website. The data posted
371 on the agency-managed website must be downloadable in a format
372 that allows offline analysis.
373 (j) The requirement under paragraphs (a) through (c) that
374 each agency post information and documentation relating to
375 contracts on the tracking system does not apply to any record
376 that could reveal attorney work product or strategy.
377 Section 3. This act shall take effect July 1, 2021.