Florida Senate - 2023 SB 242
By Senator Garcia
36-00143D-23 2023242__
1 A bill to be entitled
2 An act relating to fiscal accountability; amending s.
3 215.985, F.S.; requiring state entities to include any
4 documents submitted which indicate the use of state
5 funds as remuneration under certain contracts,
6 beginning on a specified date; deleting a provision
7 requiring state entities to publish payments on a
8 specified website; amending s. 216.1366, F.S.;
9 requiring that contracts for services executed,
10 amended, or extended beginning on a specified date
11 require contractors to provide specified documentation
12 to be included in the state contracting system and
13 posted to the contractor’s website, if applicable;
14 defining terms; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (c) of subsection (14) of section
19 215.985, Florida Statutes, is amended to read:
20 215.985 Transparency in government spending.—
21 (14) The Chief Financial Officer shall establish and
22 maintain a secure contract tracking system available for viewing
23 and downloading by the public through a secure website. The
24 Chief Financial Officer shall use appropriate Internet security
25 measures to ensure that no person has the ability to alter or
26 modify records available on the website.
27 (c) For each contract for which a state entity makes a
28 payment pursuant to a contract executed, amended, or extended on
29 or after July 1, 2023, the state entity shall include any
30 documents submitted pursuant to s. 216.1366 which indicate the
31 use of state funds as remuneration under the contract or a
32 specified payment associated with the contract By January 1,
33 2014, each state entity shall post to the contract tracking
34 system the information required in paragraph (a) for each
35 existing contract that was executed before July 1, 2013, with
36 payment from state funds made after June 30, 2013.
37 Section 2. Subsection (3) is added to section 216.1366,
38 Florida Statutes, to read:
39 216.1366 Contract terms.—
40 (3)(a) For any contract for services executed, amended, or
41 extended on or after July 1, 2023, with a nonprofit organization
42 as defined in s. 215.97(2)(m), the contract must require the
43 contractor to provide documentation that indicates the amount of
44 state funds:
45 1. Allocated to be used during the full term of the
46 contract for remuneration to any member of the board of
47 directors or an officer of the contractor.
48 2. Allocated under each payment by the public agency to be
49 used for remuneration of any member of the board of directors or
50 an officer of the contractor. The documentation must indicate
51 the amounts and recipients of the remuneration.
52
53 Such information must be included in the state contracting
54 system maintained pursuant to s. 215.985 and must be posted on
55 the contractor’s website, if the contractor maintains a website.
56 (b) As used in this subsection, the term:
57 1. “Officer” means a chief executive officer, chief
58 financial officer, chief operating officer, or any other
59 position performing an equivalent function.
60 2. “Remuneration” means all compensation earned by or
61 awarded to personnel, whether paid or accrued, regardless of
62 contingency, including bonuses, accrued paid time off, severance
63 payments, incentive payments, contributions to a retirement
64 plan, or in-kind payments, reimbursements, or allowances for
65 moving expenses, vehicles and other transportation, telephone
66 services, medical services, housing, and meals.
67 3. “State funds” means funds paid from the General Revenue
68 Fund or any state trust fund, funds allocated by the Federal
69 Government and distributed by the state, or funds appropriated
70 by the state for distribution through any grant program. The
71 term does not include funds used for the state Medicaid program.
72 Section 3. This act shall take effect July 1, 2023.