Florida Senate - 2021 CS for SB 1570
By the Committee on Governmental Oversight and Accountability;
and Senator Rodriguez
585-03334-21 20211570c1
1 A bill to be entitled
2 An act relating to quasi-public entities; creating s.
3 20.059, F.S.; providing definitions; requiring the
4 Governor to specify affiliated departments for certain
5 quasi-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 the completion of an operational audit at
9 certain intervals; requiring a quasi-public entity to
10 submit an annual report that includes certain
11 information to the Governor, the Legislature, and its
12 affiliated department by a certain date; requiring a
13 quasi-public entity to maintain a website that
14 includes certain information; prohibiting a quasi
15 public entity from using public funds to retain a
16 lobbyist; authorizing certain employees of a quasi
17 public entity to register as a lobbyist and represent
18 the quasi-public entity; prohibiting a quasi-public
19 entity from creating an entity separate from itself;
20 requiring that meetings of the quasi-public entity’s
21 governing body be video recorded; prohibiting an
22 executive director or similar officer of a quasi
23 public entity from certain involvement with the
24 entity’s governing body; amending s. 215.985, F.S.;
25 requiring a quasi-public entity to post and update
26 certain information on the secure contract tracking
27 system established and maintained by the Chief
28 Financial Officer; requiring a quasi-public entity to
29 redact certain information; providing that the Chief
30 Financial Officer, the Department of Financial
31 Services, and officers, employees, and contractors
32 thereof are not responsible for redacting, and are not
33 liable for the failure to redact, certain information
34 posted on the secure contract tracking system by a
35 quasi-public entity; providing that the posting of
36 certain information does not supersede the duty of a
37 quasi-public entity to respond to certain requests or
38 subpoenas; providing that certain actions by the Chief
39 Financial Officer do not supersede the duty of a
40 quasi-public entity to provide certain records upon
41 request; revising and providing definitions; providing
42 an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Section 20.059, Florida Statutes, is created to
47 read:
48 20.059 Quasi-public entities.—
49 (1) As used in this section, the term:
50 (a) “Governmental entity” means a state, regional, county,
51 municipal, special district, or any other political subdivision,
52 whether executive, judicial, or legislative, including, but not
53 limited to, a department, a division, a bureau, a commission, an
54 authority, a district, or an agency thereof or a public school,
55 a Florida College System institution, a state university, or an
56 associated board.
57 (b) “Operational audit” has the same meaning as in s.
58 11.45(1).
59 (c) “Quasi-public entity” means an entity established by
60 general law, regardless of form, for a public purpose or to
61 effectuate a government program and which is not directly
62 controlled by a governmental entity. The term does not include a
63 citizen support organization or a direct-support organization.
64 (2)(a) For a quasi-public entity created in law before July
65 1, 2021, the Governor must specify a department with which the
66 quasi-public entity will be affiliated, unless a department is
67 already specified in law, no later than December 31, 2021. The
68 affiliated department, whether specified by the Governor or in
69 law, shall serve in an advisory capacity to the governing body
70 of the affiliated quasi-public entity. The head of the
71 affiliated department shall review the activities of the
72 affiliated quasi-public entity at least annually and shall
73 recommend appropriate statutory changes to the Legislature, as
74 necessary, to ensure the most efficient and cost-effective
75 operation.
76 (b) For a quasi-public entity created in law on or after
77 July 1, 2021, the law creating the quasi-public entity shall
78 specify a department with which the quasi-public entity will be
79 affiliated. The affiliated department shall serve in an advisory
80 capacity to the governing body of the affiliated quasi-public
81 entity. The head of the affiliated department shall review the
82 activities of the affiliated quasi-public entity at least
83 annually and shall recommend appropriate statutory changes to
84 the Legislature, as necessary, to ensure the most efficient and
85 cost-effective operation.
86 (3) Each quasi-public entity shall have an operational
87 audit completed by the Auditor General at least once every 3
88 years.
89 (4) By September 15 of each year, each quasi-public entity
90 shall submit a report to the Governor, the President of the
91 Senate, the Speaker of the House of Representatives, and its
92 affiliated department which includes all of the following
93 information:
94 (a) The name, mailing address, physical address, telephone
95 number, and website address of the quasi-public entity.
96 (b) The statutory authority creating the quasi-public
97 entity.
98 (c) A description of the quasi-public entity’s mission.
99 (d) A description of the quasi-public entity’s plans for
100 the next 3 fiscal years.
101 (e) A copy of the quasi-public entity’s code of ethics.
102 (f) If the quasi-public entity is a corporation not for
103 profit, a copy of the entity’s most recent federal Internal
104 Revenue Service Return of Organization Exempt from Income Tax
105 Form (Form 990).
106 (g) If the quasi-public entity is organized as a
107 corporation, a copy of all of the following:
108 1. Corporate governance framework and structure.
109 2. Policies and practices of the corporation’s significant
110 committees, including any compensation committee.
111 3. Policies and practices for directing senior management.
112 4. Processes by which the board, its committees, and senior
113 management ensure an appropriate amount of oversight over the
114 corporation’s activities.
115 (h) If the quasi-public entity has created an entity of any
116 type with which it is affiliated, the following information must
117 be included for each such affiliated entity:
118 1. The name, mailing address, physical address, telephone
119 number, and website address of the affiliated entity.
120 2. The statutory authority creating or authorizing the
121 creation of the affiliated entity, if any.
122 3. A description of the affiliated entity’s mission.
123 4. If the affiliated entity is a corporation, a copy of all
124 of the information described in paragraph (g).
125 5. If the affiliated 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 (5) Each quasi-public entity shall maintain a publicly
130 accessible website. The website must include the following:
131 (a) The report required pursuant to subsection (4).
132 (b) The most recently approved operating budget, which must
133 be maintained on the website for 2 years.
134 (c) The position title and annual salary or rate of pay for
135 each regularly established position.
136 (d) A link to any state audit or report of the entity’s
137 operations.
138 (e) A link to any program or activity descriptions for
139 which funds may be expended.
140 (f) All meeting notices for meetings of the entity’s
141 governing body, which must be maintained on the website for 2
142 years.
143 (g) The official minutes of each meeting of the entity’s
144 governing body, which must be posted no later than 7 days after
145 the date of the meeting in which the minutes are approved.
146 (6) A quasi-public entity may not use public funds to
147 retain a lobbyist to represent the entity before the legislative
148 or executive branch. However, a full-time employee of the quasi
149 public entity may register as a lobbyist and represent the
150 entity before the legislative or executive branch. Except as a
151 full-time employee, a person may not accept public funds from a
152 quasi-public entity for lobbying.
153 (7) Unless specifically authorized by law, a quasi-public
154 entity may not create an entity separate from itself, including
155 a citizen support organization or a direct-support organization.
156 (8) Any meeting of a quasi-public entity’s governing body
157 must be video recorded.
158 (9) The executive director of a quasi-public entity, or an
159 officer with responsibilities similar to that of an executive
160 director, may not recommend or otherwise be involved in the
161 selection, appointment, or retention of any member of the
162 entity’s governing body.
163 Section 2. Subsection (14) of section 215.985, Florida
164 Statutes, is amended to read:
165 215.985 Transparency in government spending.—
166 (14) The Chief Financial Officer shall establish and
167 maintain a secure contract tracking system available for viewing
168 and downloading by the public through a secure website. The
169 Chief Financial Officer shall use appropriate Internet security
170 measures to ensure that no person has the ability to alter or
171 modify records available on the website.
172 (a) Within 30 calendar days after executing a contract,
173 each state and quasi-public entity shall post the following
174 information relating to the contract on the contract tracking
175 system:
176 1. The names of the contracting entities.
177 2. The procurement method.
178 3. The contract beginning and ending dates.
179 4. The nature or type of the commodities or services
180 purchased.
181 5. Applicable contract unit prices and deliverables.
182 6. Total compensation to be paid or received under the
183 contract.
184 7. All payments made to the contractor to date.
185 8. Applicable contract performance measures.
186 9. If a competitive solicitation was not used to procure
187 the goods or services, the justification of such action,
188 including citation to a statutory exemption or exception from
189 competitive solicitation, if any.
190 10. Electronic copies of the contract and procurement
191 documents that have been redacted to exclude confidential or
192 exempt information.
193 (b) Within 30 calendar days after an amendment to an
194 existing contract, the state entity or quasi-public entity that
195 is a party to the contract must update the information described
196 in paragraph (a) in the contract tracking system. An amendment
197 to a contract includes, but is not limited to, a renewal,
198 termination, or extension of the contract or a modification of
199 the terms of the contract.
200 (c) By January 1, 2014, each state and quasi-public entity
201 shall post to the contract tracking system the information
202 required in paragraph (a) for each existing contract that was
203 executed before July 1, 2013, with payment from state funds made
204 after June 30, 2013.
205 (d)1. Records made available on the contract tracking
206 system may not reveal information made confidential or exempt by
207 law.
208 2. Each state and quasi-public entity that is a party to a
209 contract must redact confidential or exempt information from the
210 contract and procurement documents before posting an electronic
211 copy on the contract tracking system. If a state entity or
212 quasi-public entity that is a party to the contract becomes
213 aware that an electronic copy of a contract or a procurement
214 document has been posted but has not been properly redacted, the
215 state entity or quasi-public entity must immediately notify the
216 Chief Financial Officer and must immediately remove the contract
217 or procurement document from the contract tracking system.
218 Within 7 business days, the state entity or quasi-public entity
219 must post a properly redacted copy of the contract or
220 procurement document on the contract tracking system.
221 3.a. If a party to a contract, or an authorized
222 representative of a party to a contract, discovers that an
223 electronic copy of a contract or procurement document has been
224 posted to the contract tracking system but has not been properly
225 redacted, the party or representative may request the state
226 entity or quasi-public entity that is a party to the contract to
227 redact the confidential or exempt information. Upon receipt of
228 the request, the state entity or quasi-public entity shall
229 redact the confidential or exempt information.
230 b. A request to redact confidential or exempt information
231 must be made in writing and delivered by mail, facsimile,
232 electronic transmission, or in person to the state entity or
233 quasi-public entity that is a party to the contract. The request
234 must identify the specific document, the page numbers that
235 include the confidential or exempt information, the information
236 that is confidential or exempt, and the applicable statutory
237 exemption. A fee may not be charged for a redaction made
238 pursuant to the request.
239 c. A party to a contract may petition the circuit court for
240 an order directing compliance with this paragraph.
241 4. The contract tracking system shall display a notice of
242 the right of an affected party to request redaction of
243 confidential or exempt information contained on the system.
244 5.a. The Chief Financial Officer, the Department of
245 Financial Services, or an officer, employee, or contractor
246 thereof, is not responsible for redacting confidential or exempt
247 information from an electronic copy of a contract or procurement
248 document posted by another state entity or quasi-public entity
249 on the system.
250 b. The Chief Financial Officer, the Department of Financial
251 Services, or an officer, employee, or contractor thereof, is not
252 liable for the failure of a state entity or quasi-public entity
253 to redact the confidential or exempt information.
254 (e)1. The posting of information on the contract tracking
255 system or the provision of contract information on a website for
256 public viewing and downloading does not supersede the duty of a
257 state entity or quasi-public entity to respond to a public
258 records request or subpoena for the information.
259 2. A request for a copy of a contract or procurement
260 document or certified copy of a contract or procurement document
261 shall be made to the state entity or quasi-public entity that is
262 party to the contract. The request may not be made to the Chief
263 Financial Officer, the Department of Financial Services, or an
264 officer, employee, or contractor thereof, unless the Chief
265 Financial Officer or the department is a party to the contract.
266 3. A subpoena for a copy of a contract or procurement
267 document or certified copy of a contract or procurement document
268 must be served on the state entity or quasi-public entity that
269 is a party to the contract and that maintains the original
270 documents. The Chief Financial Officer, the Department of
271 Financial Services, or an officer, employee, or contractor
272 thereof, may not be served a subpoena for those records unless
273 the Chief Financial Officer or the department is a party to the
274 contract.
275 (f) The Chief Financial Officer may regulate and prohibit
276 the posting of records that could facilitate identity theft or
277 fraud, such as signatures; compromise or reveal an agency
278 investigation; reveal the identity of undercover personnel;
279 reveal proprietary business information or trade secrets; reveal
280 an individual’s medical information; or reveal another record or
281 information that the Chief Financial Officer believes may
282 jeopardize the health, safety, or welfare of the public.
283 However, such action by the Chief Financial Officer does not
284 supersede the duty of a state entity or quasi-public entity to
285 provide a copy of a public record upon request.
286 (g) The Chief Financial Officer may adopt rules to
287 administer this subsection.
288 (h) For purposes of this subsection, the term:
289 1. “Procurement document” means any document or material
290 provided to the public or any vendor as part of a formal
291 competitive solicitation of goods or services undertaken by a
292 state entity or quasi-public entity, and a document or material
293 submitted in response to a formal competitive solicitation by
294 any vendor who is awarded the resulting contract.
295 2. “Quasi-public entity” means an entity established by
296 law, regardless of form, for a public purpose or to effectuate a
297 government program and which is not directly controlled by a
298 governmental entity. This term does not include a citizen
299 support organization or a direct-support organization.
300 3.2. “State entity” means an official, officer, commission,
301 board, authority, council, committee, or department of the
302 executive branch of state government; a state attorney, public
303 defender, criminal conflict and civil regional counsel, capital
304 collateral regional counsel, and the Justice Administrative
305 Commission; the Public Service Commission; and any part of the
306 judicial branch of state government.
307 (i) In lieu of posting in the contract tracking system
308 administered by the Chief Financial Officer, the Department of
309 Legal Affairs and the Department of Agriculture and Consumer
310 Services may post the information described in paragraphs (a)
311 through (c) to its own agency-managed website. The data posted
312 on the agency-managed website must be downloadable in a format
313 that allows offline analysis.
314 (j) The requirement under paragraphs (a) through (c) that
315 each agency post information and documentation relating to
316 contracts on the tracking system does not apply to any record
317 that could reveal attorney work product or strategy.
318 Section 3. This act shall take effect July 1, 2021.