Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS for CS for HB 195
Ì638762?Î638762
LEGISLATIVE ACTION
Senate . House
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Senator Garcia moved the following:
1 Senate Amendment to Amendment (587542) (with title
2 amendment)
3
4 Delete lines 63 - 197
5 and insert:
6 Section 2. Subsections (2) and (6) of section 215.985,
7 Florida Statutes, are amended to read:
8 215.985 Transparency in government spending.—
9 (2) As used in this section, the term:
10 (a) “Committee” means the Legislative Auditing Committee.
11 (b) “Contract” means a written agreement or purchase order
12 issued for the purchase of goods or services or a written
13 agreement for the receipt of state or federal financial
14 assistance.
15 (c) “Governmental entity” means a state, regional, county,
16 municipal, special district, or other political subdivision
17 whether executive, judicial, or legislative, including, but not
18 limited to, a department, division, bureau, commission,
19 authority, district, or agency thereof, or public school,
20 Florida College System institution, state university, or
21 associated board.
22 (d) “Nongovernmental entity” means a nonprofit corporation.
23 (e) “State funds” means funds paid from the General Revenue
24 Fund or any state trust fund, funds allocated by the Federal
25 Government and distributed by the state, or funds appropriated
26 by the state for distribution through any grant program.
27 Notwithstanding the foregoing, the term does not include funds
28 used for the state Medicaid program.
29 (f) “Website” means a site on the Internet which is easily
30 accessible to the public at no cost and does not require the
31 user to provide information.
32 (6)(a) The Department of Management Services shall
33 establish and maintain a website that provides current
34 information relating to each employee or officer of a state
35 agency, a state university, a Florida College System
36 institution, or the State Board of Administration, regardless of
37 the appropriation category from which the person is paid.
38 1.(a) For each employee or officer, the information must
39 include, at a minimum, his or her:
40 a.1. Name and salary or hourly rate of pay.
41 b.2. Position number, class code, and class title.
42 c.3. Employing agency and budget entity.
43 2.(b) The information must be searchable by state agency,
44 state university, Florida College System institution, and the
45 State Board of Administration, and by employee name, salary
46 range, or class code and must be downloadable in a format that
47 allows offline analysis.
48 (b)1. A nongovernmental entity that receives at least 50
49 percent of its annual revenue, calculated using the
50 nongovernmental entity’s fiscal year, from state funds or that
51 receives $750,000 or more in state funds in a fiscal year, must
52 submit to the Department of Management Services by January 15 of
53 each year a report that includes the name, position, and total
54 annual compensation of, including bonuses, exit bonuses, accrued
55 paid time off, severance payments, and incentive payments paid
56 to, each director, board member, chief executive officer, chief
57 financial officer, or chief operating officer or any other
58 person performing equivalent functions. The report must be
59 verified as provided in s. 92.525 by a director, board member,
60 chief executive officer, chief financial officer, or chief
61 operating officer of the nongovernmental entity.
62 2. Beginning February 1, 2022, and each February 1
63 thereafter, the Department of Management Services shall include
64 the information reported in subparagraph 1. on the website
65 established under paragraph (a).
66 3. A nongovernmental entity required to submit a report
67 under subparagraph 1. must post the reported information on its
68 website if the entity maintains a website.
69 4. Before receiving funds from a governmental entity, a
70 nongovernmental entity that:
71 a. Received funding subject to this paragraph in the
72 preceding year must submit to the governmental entity an
73 attestation verified as provided in s. 92.525, that the
74 nongovernmental entity has submitted the report required in
75 subparagraph 1.
76 b. Did not receive funding subject to this paragraph in the
77 preceding year must submit to the governmental entity an
78 attestation verified as provided in s. 92.525, that the
79 nongovernmental entity has not received funding in the preceding
80 year.
81 5.a. Beginning January 15, 2022, a governmental entity may
82 not expend, transfer, or distribute funds to a nongovernmental
83 entity until the nongovernmental entity has complied with the
84 requirements of this paragraph.
85 b. This subparagraph is applicable to payments associated
86 with contracts executed, amended, extended, or renewed on or
87 after July 1, 2021, and any transfers or distributions
88 authorized on or after July 1, 2021.
89 Section 3. Section 215.986, Florida Statutes, is created to
90 read:
91 215.986 Reporting of administrative expenses for certain
92 nongovernmental entities.—
93 (1) As used in this section, the term:
94 (a) “Administrative expenses” mean expenditures that are
95 considered indirect operating costs of a nongovernmental entity,
96 including, but not limited to:
97 1. General administration and general expenses including
98 accounting, support services, and personnel, including all
99 compensation earned by or awarded to such personnel, whether
100 paid or accrued, regardless of contingency, unless the
101 compensation is explicitly included in the General
102 Appropriations Act or the compensation relates to the employment
103 of an employee whose services are integral to a project or
104 activity of the nongovernmental entity. However, compensation
105 earned by or awarded to a director, board member, chief
106 executive officer, chief financial officer, chief operating
107 officer, or other person performing equivalent functions,
108 whether paid or accrued, regardless of contingency, shall not be
109 considered integral to a project or activity of a nongovernment
110 entity.
111 2. Equipment and capital improvements, depreciation on
112 buildings, interest on debt associated with such buildings, and
113 operations and maintenance expenses.
114 (b) “Nongovernmental entity” means a nonprofit corporation
115 that receives at least 50 percent of its revenue, in any fiscal
116 year of the nongovernmental entity, from state-appropriated
117 funds, including state-appropriated federal funds.
118 (2)(a) A nongovernmental entity must identify for each
119 contract, grant, or other disbursement of state-appropriated
120 funds, the amount of state-appropriated funds received, the
121 amount of those funds used for administrative expenses, and the
122 percentage of the state-appropriated funds that are used for
123 administrative costs. A nongovernmental entity must post this
124 information on its website if the entity maintains a website.
125 (b) Each state entity, as defined in s. 215.985, that
126 disburses state-appropriated funds to a nongovernmental entity
127 must collect the information identified in paragraph (a). The
128 contract manager for the agency must review the actual
129 administrative costs funded with state-appropriated funds and
130 compare the amounts as identified in paragraph (a). The amounts
131 must be included in the state entity’s submissions to the
132 contract tracking system established and maintained pursuant to
133 s. 215.985.
134 (3) This section does not apply to a nongovernmental entity
135 receiving Medicaid funding.
136
137 ================= T I T L E A M E N D M E N T ================
138 And the title is amended as follows:
139 Delete line 232
140 and insert:
141 tracking system; specifying applicability; providing
142 an effective date.