| 1 | Representative Grant offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (420845) (with title |
| 4 | amendment) |
| 5 | Remove lines 811-812 and insert: |
| 6 | Section 11. State government transparency; contracts.-- |
| 7 | (1) As used in this section, the term: |
| 8 | (a) "Contract" means any legally binding agreement |
| 9 | executed by a reporting entity and a corporation or an |
| 10 | individual for the purchase of commodities or contractual |
| 11 | services which requires the expenditure of $25,000 or more. The |
| 12 | term excludes the contractual rights of state employees and |
| 13 | retirees who are members of the Florida Retirement System. |
| 14 | (b) "Corporation" means all corporations registered to do |
| 15 | business in this state, whether for profit or not for profit; |
| 16 | foreign corporations qualified to do business in this state or |
| 17 | actually doing business in this state, whether for profit or not |
| 18 | for profit; limited liability companies under chapter 608, |
| 19 | Florida Statutes; partnerships under chapter 620, Florida |
| 20 | Statutes; a sole proprietorship as defined in s. 440.02, Florida |
| 21 | Statutes; or any other legal business entity, whether for profit |
| 22 | or not for profit. |
| 23 | (c) "Expenditure" means a payment that a reporting entity |
| 24 | makes to a corporation or an individual under a contract. |
| 25 | (d) "Individual" means a person, but excludes an employee |
| 26 | of a reporting entity or an employee of the Federal Government |
| 27 | while acting in the capacity as employee. |
| 28 | (e) "Reporting entity" means any state officer, |
| 29 | department, board, commission, division, bureau, or council and |
| 30 | any other unit of organization, however designated, of the |
| 31 | executive branch of state government, and any water management |
| 32 | district, university or college board of trustees, and any state |
| 33 | university or college. |
| 34 | (2) The Executive Office of the Governor is directed to |
| 35 | develop and maintain a portal linking to the reporting entity |
| 36 | contract expenditures report maintained by the Department of |
| 37 | Financial Services and required under this section. |
| 38 | (3)(a) The Department of Financial Services is directed to |
| 39 | develop and maintain a contract expenditures report that |
| 40 | provides the following information: |
| 41 | 1. The name of the reporting entity that is a party to a |
| 42 | contract; |
| 43 | 2. The name of each corporation or individual who is a |
| 44 | party to a contract and whether the corporation is a minority |
| 45 | business enterprise as defined in s. 288.703, Florida Statutes; |
| 46 | 3. The date, amount, and purpose of the contract; and |
| 47 | 4. Each expenditure made under the contract. |
| 48 | (b) The contract expenditures report must be maintained by |
| 49 | the department in a searchable website containing a navigation |
| 50 | bar that allows an individual having Internet access to search |
| 51 | for expenditure reports by governmental function, reporting |
| 52 | entity, or appropriation category. |
| 53 | (4)(a) Each reporting entity, excluding water management |
| 54 | districts, university and college boards of trustees, and the |
| 55 | state universities and colleges, shall record each contract |
| 56 | executed between the reporting entity and a corporation or an |
| 57 | individual and each payment made under the contract along with |
| 58 | the contract number in the department's Florida Accounting and |
| 59 | Information Resources contract subsystem as provided in s. |
| 60 | 215.94(2), Florida Statutes. |
| 61 | (b) To the extent possible, each reporting entity shall |
| 62 | provide a link to an electronic copy of the contract. The |
| 63 | portion of a public record which is confidential or exempt from |
| 64 | inspection and copying shall be redacted prior to posting. |
| 65 | Section 12. This act shall take effect upon becoming a law |
| 66 | and shall apply to the 2008-2009 fiscal year and each fiscal |
| 67 | year thereafter. |
| 68 |
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| 69 | ----------------------------------------------------- |
| 70 | T I T L E A M E N D M E N T |
| 71 | Between lines 43 and 44, insert: |
| 72 | defining the terms "contract," "corporation," "expenditure," |
| 73 | "individual," and "reporting entity" for purposes of state |
| 74 | government contract reporting; providing that contractual rights |
| 75 | of state employees and retirees who are members of the Florida |
| 76 | Retirement System are not considered contracts; directing the |
| 77 | Executive Office of the Governor to develop and maintain a port |
| 78 | linking to the reporting entity contract expenditures report |
| 79 | maintained by the Department of Financial Services; directing |
| 80 | the department to develop and maintain a contract information |
| 81 | report containing specified information; directing that the |
| 82 | report be maintained by the department in a searchable website; |
| 83 | directing that access to the website be provided at no charge to |
| 84 | a user who has Internet access; directing each reporting entity |
| 85 | to record information relating to contracts between the |
| 86 | reporting entity and a corporation or an individual; providing |
| 87 | exceptions; directing each reporting entity to record payment |
| 88 | information on specified contracts in the Florida Accounting and |
| 89 | Information Resources contract subsystem; requiring that |
| 90 | electronic copies of contracts be provided in certain |
| 91 | circumstances; providing that portions of public records that |
| 92 | are confidential and exempt from inspection and copying shall be |
| 93 | redacted prior to posting; |