Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1570
       
       
       
       
       
       
                                Ì243780,Î243780                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2021           .                                
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       The Committee on Governmental Oversight and Accountability
       (Rodriguez) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 20.059, Florida Statutes, is created to
    6  read:
    7         20.059Quasi-public entities.—
    8         (1)As used in this section, the term:
    9         (a)“Governmental entity” means a state, regional, county,
   10  municipal, special district, or other political subdivision,
   11  whether executive, judicial, or legislative, including, but not
   12  limited to, a department, a division, a bureau, a commission, an
   13  authority, a district, or an agency thereof or a public school,
   14  a Florida College System institution, a state university, or an
   15  associated board.
   16         (b)“Operational audit” has the same meaning as in s.
   17  11.45(1).
   18         (c)“Quasi-public entity” means an entity established by
   19  general law, regardless of form, for a public purpose or to
   20  effectuate a government program and which is not directly
   21  controlled by a governmental entity. The term does not include a
   22  citizen support organization or a direct-support organization.
   23         (2)(a)For a quasi-public entity created in law before July
   24  1, 2021:
   25         1.The Governor must specify a department with which the
   26  quasi-public entity will be affiliated, unless a department is
   27  already specified in law, no later than December 31, 2021. The
   28  affiliated department, whether specified by the Governor or in
   29  law, shall serve in an advisory capacity to the governing body
   30  of the affiliated quasi-public entity. The head of the
   31  affiliated department shall review the activities of the
   32  affiliated quasi-public entity at least annually and shall
   33  recommend appropriate statutory changes to the Legislature, as
   34  necessary, to ensure the most efficient and cost-effective
   35  operation.
   36         (b)For a quasi-public entity created in law on or after
   37  July 1, 2021, the law creating the quasi-public entity shall
   38  specify a department with which the quasi-public entity will be
   39  affiliated. The affiliated department shall serve in an advisory
   40  capacity to the governing body of the affiliated quasi-public
   41  entity. The head of the affiliated department shall review the
   42  activities of the affiliated quasi-public entity at least
   43  annually and shall recommend appropriate statutory changes to
   44  the Legislature, as necessary, to ensure the most efficient and
   45  cost-effective operation.
   46         (3)Each quasi-public entity shall have an operational
   47  audit completed by the Auditor General at least once every three
   48  years.
   49         (4)By September 15 of each year, each quasi-public entity
   50  shall submit a report to the Governor, the President of the
   51  Senate, the Speaker of the House of Representatives, and its
   52  affiliated department which includes all of the following
   53  information:
   54         (a)The name, mailing address, physical address, telephone
   55  number, and website address of the quasi-public entity.
   56         (b)The statutory authority creating the quasi-public
   57  entity.
   58         (c)A description of the quasi-public entity’s mission.
   59         (d)A description of the quasi-public entity’s plans for
   60  the next 3 fiscal years.
   61         (e)A copy of the quasi-public entity’s code of ethics.
   62         (f)If the quasi-public entity is a corporation not for
   63  profit, a copy of the entity’s most recent federal Internal
   64  Revenue Service Return of Organization Exempt from Income Tax
   65  Form (Form 990).
   66         (g)If the quasi-public entity is organized as a
   67  corporation, a copy of all of the following:
   68         1.Corporate governance framework and structure.
   69         2.Policies and practices of the corporation’s significant
   70  committees, including any compensation committee.
   71         3.Policies and practices for directing senior management.
   72         4.Processes by which the board, its committees, and senior
   73  management ensure an appropriate amount of oversight over the
   74  corporation’s activities.
   75         (h)If the quasi-public entity has created an entity of any
   76  type with which it is affiliated, the following information must
   77  be included for each such affiliated entity:
   78         1.The name, mailing address, physical address, telephone
   79  number, and website address of the affiliated entity.
   80         2.The statutory authority creating or authorizing the
   81  creation of the affiliated entity, if any.
   82         3.A description of the affiliated entity’s mission.
   83         4.If the affiliated entity is a corporation, a copy of all
   84  of the information described in paragraph (g).
   85         5.If the affiliated entity is a corporation not for
   86  profit, a copy of the entity’s most recent federal Internal
   87  Revenue Service Return of Organization Exempt from Income Tax
   88  Form (Form 990).
   89         (5)Each quasi-public entity shall maintain a publicly
   90  accessible website. The website must include the following:
   91         (a)The report required pursuant to subsection (4).
   92         (b)The most recently approved operating budget, which must
   93  be maintained on the website for 2 years.
   94         (c)Position title and annual salary or rate of pay for
   95  each regularly established position.
   96         (d)A link to any state audit or report of the entity’s
   97  operations.
   98         (e)A link to any program or activity descriptions for
   99  which funds may be expended.
  100         (f)All meeting notices for meetings of the entity’s
  101  governing body, which must be maintained on the website for 2
  102  years.
  103         (g)The official minutes of each meeting of the entity’s
  104  governing body, which must be posted no later than 7 days after
  105  the date of the meeting in which the minutes are approved.
  106         (6)A quasi-public entity may not use public funds to
  107  retain a lobbyist to represent the entity before the legislative
  108  or executive branch. However, a full-time employee of the quasi
  109  public entity may register as a lobbyist and represent the
  110  entity before the legislative or executive branch. Except as a
  111  full-time employee, a person may not accept public funds from a
  112  quasi-public entity for lobbying.
  113         (7)Unless specifically authorized by law, a quasi-public
  114  entity may not create an entity separate from itself, including
  115  a citizen support organization or a direct-support organization.
  116         (8)Any meeting of a quasi-public entity’s governing body
  117  must be video recorded.
  118         (9)The executive director of a quasi-public entity, or an
  119  officer with responsibilities similar to that of an executive
  120  director, may not recommend or otherwise be involved in the
  121  selection, appointment, or retention of any member of the
  122  entity’s governing body.
  123         Section 2. Subsection (14) of section 215.985, Florida
  124  Statutes, is amended to read:
  125         215.985 Transparency in government spending.—
  126         (14) The Chief Financial Officer shall establish and
  127  maintain a secure contract tracking system available for viewing
  128  and downloading by the public through a secure website. The
  129  Chief Financial Officer shall use appropriate Internet security
  130  measures to ensure that no person has the ability to alter or
  131  modify records available on the website.
  132         (a) Within 30 calendar days after executing a contract,
  133  each state and quasi-public entity shall post the following
  134  information relating to the contract on the contract tracking
  135  system:
  136         1. The names of the contracting entities.
  137         2. The procurement method.
  138         3. The contract beginning and ending dates.
  139         4. The nature or type of the commodities or services
  140  purchased.
  141         5. Applicable contract unit prices and deliverables.
  142         6. Total compensation to be paid or received under the
  143  contract.
  144         7. All payments made to the contractor to date.
  145         8. Applicable contract performance measures.
  146         9. If a competitive solicitation was not used to procure
  147  the goods or services, the justification of such action,
  148  including citation to a statutory exemption or exception from
  149  competitive solicitation, if any.
  150         10. Electronic copies of the contract and procurement
  151  documents that have been redacted to exclude confidential or
  152  exempt information.
  153         (b) Within 30 calendar days after an amendment to an
  154  existing contract, the state entity or quasi-public entity that
  155  is a party to the contract must update the information described
  156  in paragraph (a) in the contract tracking system. An amendment
  157  to a contract includes, but is not limited to, a renewal,
  158  termination, or extension of the contract or a modification of
  159  the terms of the contract.
  160         (c) By January 1, 2014, each state and quasi-public entity
  161  shall post to the contract tracking system the information
  162  required in paragraph (a) for each existing contract that was
  163  executed before July 1, 2013, with payment from state funds made
  164  after June 30, 2013.
  165         (d)1. Records made available on the contract tracking
  166  system may not reveal information made confidential or exempt by
  167  law.
  168         2. Each state and quasi-public entity that is a party to a
  169  contract must redact confidential or exempt information from the
  170  contract and procurement documents before posting an electronic
  171  copy on the contract tracking system. If a state entity or
  172  quasi-public entity that is a party to the contract becomes
  173  aware that an electronic copy of a contract or a procurement
  174  document has been posted but has not been properly redacted, the
  175  state entity or quasi-public entity must immediately notify the
  176  Chief Financial Officer and must immediately remove the contract
  177  or procurement document from the contract tracking system.
  178  Within 7 business days, the state entity or quasi-public entity
  179  must post a properly redacted copy of the contract or
  180  procurement document on the contract tracking system.
  181         3.a. If a party to a contract, or an authorized
  182  representative of a party to a contract, discovers that an
  183  electronic copy of a contract or procurement document has been
  184  posted to the contract tracking system but has not been properly
  185  redacted, the party or representative may request the state
  186  entity or quasi-public entity that is a party to the contract to
  187  redact the confidential or exempt information. Upon receipt of
  188  the request, the state entity or quasi-public entity shall
  189  redact the confidential or exempt information.
  190         b. A request to redact confidential or exempt information
  191  must be made in writing and delivered by mail, facsimile,
  192  electronic transmission, or in person to the state entity or
  193  quasi-public entity that is a party to the contract. The request
  194  must identify the specific document, the page numbers that
  195  include the confidential or exempt information, the information
  196  that is confidential or exempt, and the applicable statutory
  197  exemption. A fee may not be charged for a redaction made
  198  pursuant to the request.
  199         c. A party to a contract may petition the circuit court for
  200  an order directing compliance with this paragraph.
  201         4. The contract tracking system shall display a notice of
  202  the right of an affected party to request redaction of
  203  confidential or exempt information contained on the system.
  204         5.a. The Chief Financial Officer, the Department of
  205  Financial Services, or an officer, employee, or contractor
  206  thereof, is not responsible for redacting confidential or exempt
  207  information from an electronic copy of a contract or procurement
  208  document posted by another state entity or quasi-public entity
  209  on the system.
  210         b. The Chief Financial Officer, the Department of Financial
  211  Services, or an officer, employee, or contractor thereof, is not
  212  liable for the failure of a state entity or quasi-public entity
  213  to redact the confidential or exempt information.
  214         (e)1. The posting of information on the contract tracking
  215  system or the provision of contract information on a website for
  216  public viewing and downloading does not supersede the duty of a
  217  state entity or quasi-public entity to respond to a public
  218  records request or subpoena for the information.
  219         2. A request for a copy of a contract or procurement
  220  document or certified copy of a contract or procurement document
  221  shall be made to the state entity or quasi-public entity that is
  222  party to the contract. The request may not be made to the Chief
  223  Financial Officer, the Department of Financial Services, or an
  224  officer, employee, or contractor thereof, unless the Chief
  225  Financial Officer or the department is a party to the contract.
  226         3. A subpoena for a copy of a contract or procurement
  227  document or certified copy of a contract or procurement document
  228  must be served on the state entity or quasi-public entity that
  229  is a party to the contract and that maintains the original
  230  documents. The Chief Financial Officer, the Department of
  231  Financial Services, or an officer, employee, or contractor
  232  thereof, may not be served a subpoena for those records unless
  233  the Chief Financial Officer or the department is a party to the
  234  contract.
  235         (f) The Chief Financial Officer may regulate and prohibit
  236  the posting of records that could facilitate identity theft or
  237  fraud, such as signatures; compromise or reveal an agency
  238  investigation; reveal the identity of undercover personnel;
  239  reveal proprietary business information or trade secrets; reveal
  240  an individual’s medical information; or reveal another record or
  241  information that the Chief Financial Officer believes may
  242  jeopardize the health, safety, or welfare of the public.
  243  However, such action by the Chief Financial Officer does not
  244  supersede the duty of a state entity or quasi-public entity to
  245  provide a copy of a public record upon request.
  246         (g) The Chief Financial Officer may adopt rules to
  247  administer this subsection.
  248         (h) For purposes of this subsection, the term:
  249         1. “Procurement document” means any document or material
  250  provided to the public or any vendor as part of a formal
  251  competitive solicitation of goods or services undertaken by a
  252  state entity or quasi-public entity, and a document or material
  253  submitted in response to a formal competitive solicitation by
  254  any vendor who is awarded the resulting contract.
  255         2.“Quasi-public entity” means an entity established by
  256  law, regardless of form, for a public purpose or to effectuate a
  257  government program and which is not directly controlled by a
  258  governmental entity. This term does not include a citizen
  259  support organization or a direct-support organization.
  260         3.2. “State entity” means an official, officer, commission,
  261  board, authority, council, committee, or department of the
  262  executive branch of state government; a state attorney, public
  263  defender, criminal conflict and civil regional counsel, capital
  264  collateral regional counsel, and the Justice Administrative
  265  Commission; the Public Service Commission; and any part of the
  266  judicial branch of state government.
  267         (i) In lieu of posting in the contract tracking system
  268  administered by the Chief Financial Officer, the Department of
  269  Legal Affairs and the Department of Agriculture and Consumer
  270  Services may post the information described in paragraphs (a)
  271  through (c) to its own agency-managed website. The data posted
  272  on the agency-managed website must be downloadable in a format
  273  that allows offline analysis.
  274         (j) The requirement under paragraphs (a) through (c) that
  275  each agency post information and documentation relating to
  276  contracts on the tracking system does not apply to any record
  277  that could reveal attorney work product or strategy.
  278         Section 3. This act shall take effect July 1, 2021.
  279  
  280  ================= T I T L E  A M E N D M E N T ================
  281  And the title is amended as follows:
  282         Delete everything before the enacting clause
  283  and insert:
  284                        A bill to be entitled                      
  285         An act relating to quasi-public entities; creating s.
  286         20.059, F.S.; providing definitions; requiring the
  287         Governor to specify affiliated departments for certain
  288         quasi-public entities by a certain date; providing
  289         requirements for the affiliated departments; providing
  290         requirements for a law creating a quasi-public entity;
  291         requiring the completion of an operational audit at
  292         certain intervals; requiring a quasi-public entity to
  293         submit an annual report that includes certain
  294         information to the Governor, the Legislature, and its
  295         affiliated department by a certain date; requiring a
  296         quasi-public entity to maintain a website that
  297         includes certain information; prohibiting a quasi
  298         public entity from using public funds to retain a
  299         lobbyist; authorizing certain employees of a quasi
  300         public entity to register as a lobbyist and represent
  301         the quasi-public entity; prohibiting a quasi-public
  302         entity from creating an entity separate from itself;
  303         requiring that meetings of the quasi-public entity’s
  304         governing body be video recorded; prohibiting an
  305         executive director or similar officer of a quasi
  306         public entity from certain involvement with the
  307         entity’s governing body; amending s. 215.985, F.S.;
  308         requiring a quasi-public entity to post and update
  309         certain information on the secure contract tracking
  310         system established and maintained by the Chief
  311         Financial Officer; requiring a quasi-public entity to
  312         redact certain information; providing that the Chief
  313         Financial Officer, the Department of Financial
  314         Services, and officers, employees, and contractors
  315         thereof are not responsible for redacting, and are not
  316         liable for the failure to redact, certain information
  317         posted on the secure contract tracking system by a
  318         quasi-public entity; providing that the posting of
  319         certain information does not supersede the duty of a
  320         quasi-public entity to respond to certain requests or
  321         subpoenas; providing that certain actions by the Chief
  322         Financial Officer do not supersede the duty of a
  323         quasi-public entity to provide certain records upon
  324         request; revising and providing definitions; providing
  325         an effective date.