Bill Text: FL S0234 | 2023 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Statutorily Required Reports

Spectrum: Bipartisan Bill

Status: (Passed) 2023-05-12 - Chapter No. 2023-41 [S0234 Detail]

Download: Florida-2023-S0234-Comm_Sub.html

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       Florida Senate - 2023                              CS for SB 234
       
       
        
       By the Committee on Fiscal Policy; and Senator Avila
       
       
       
       
       
       594-02672-23                                           2023234c1
    1                        A bill to be entitled                      
    2         An act relating to statutorily required reports;
    3         amending s. 286.001, F.S.; defining the term “state
    4         entity”; revising the procedure for filing statutorily
    5         required or authorized reports; deleting provisions
    6         requiring that abstracts be filed for statutorily
    7         required or authorized reports; requiring state
    8         entities to redact exempt or confidential and exempt
    9         information from reports before filing; providing that
   10         the Division of Library and Information Services of
   11         the Department of State or the department, or any
   12         contractor thereof, is not responsible for redaction
   13         and may not be held liable for the failure of a state
   14         entity to redact exempt or confidential and exempt
   15         information from its reports; requiring state entities
   16         to submit a specified accompanying statement
   17         identifying the applicable provisions for such
   18         redactions; requiring the state entity to retain or
   19         archive reports in accordance with certain schedules;
   20         requiring the division to compile and annually update
   21         a list of all statutorily required reports and their
   22         submission dates; requiring the division to publish
   23         such list on the department’s website; requiring the
   24         division to compile, beginning on a specified date,
   25         bibliographic information on received reports in a
   26         specified system; requiring the division to update the
   27         bibliographic information on a quarterly basis;
   28         requiring that the bibliographic information be
   29         distributed quarterly to the Governor and the
   30         Legislature, beginning on a specified date; providing
   31         legislative findings and intent; requiring the
   32         division to implement and maintain a publicly
   33         available, Internet-based system for such reports by a
   34         specified date; specifying features and functions for
   35         such system; deleting a provision requiring state
   36         entities to create, store, manage, update, retrieve,
   37         and disseminate statutorily required or authorized
   38         reports in an electronic format; deleting a provision
   39         related to construction; providing an appropriation;
   40         providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 286.001, Florida Statutes, is amended to
   45  read:
   46         286.001 Reports statutorily required; filing, maintenance,
   47  retrieval, and provision of copies.—
   48         (1) For purposes of this section, the term “state entity”
   49  means any agency or officer of the executive, legislative, or
   50  judicial branch of state government, the State Board of
   51  Education, the Board of Governors of the State University
   52  System, the Public Service Commission, or a water management
   53  district operating under the authority of chapter 373.
   54         (2) A state entity Unless otherwise specifically provided
   55  by law, any agency or officer of the executive, legislative, or
   56  judicial branches of state government, the State Board of
   57  Education, the Board of Governors of the State University
   58  System, or the Public Service Commission required or authorized
   59  by law to make a regular or periodic report reports regularly or
   60  periodically shall fulfill the requirement to submit the report
   61  by electronically filing such requirement by filing an abstract
   62  of the report with the statutorily or administratively
   63  designated recipients of the report and an abstract and one copy
   64  of the report with the Division of Library and Information
   65  Services of the Department of State, unless the head of the
   66  reporting entity makes a determination that the additional cost
   67  of providing the entire report to the statutorily or
   68  administratively designated recipients is justified. A one-page
   69  summary justifying the determination shall be submitted to the
   70  chairs of the governmental operations committees of both houses
   71  of the Legislature. The abstract of the contents of such report
   72  shall be no more than one-half page in length. The actual report
   73  must shall be retained by the reporting agency or officer, and
   74  copies of the report must shall be provided to interested
   75  parties and the statutorily or administratively designated
   76  recipients of the report upon request.
   77         (a) A state entity that submits a report pursuant to this
   78  section is solely responsible for redacting any portion of the
   79  report which is not subject to public inspection. The division
   80  or the department, or any contractor thereof, is not responsible
   81  for and may not be held liable for the failure of a state entity
   82  to redact exempt or confidential and exempt information from its
   83  reports.
   84         (b) If a report is redacted, the state entity submitting
   85  the report must provide to the division an accompanying
   86  statement that identifies the specific statutory basis for the
   87  redaction.
   88         (3) The state entity shall retain or archive each report in
   89  accordance with the applicable records retention schedule.
   90         (4)(2) With respect to reports statutorily required of
   91  state entities agencies or officers within the executive,
   92  legislative, or judicial branches of state government, the State
   93  Board of Education, the Board of Governors of the State
   94  University System, or the Public Service Commission, it is the
   95  duty of the division, in addition to its duties under s. 257.05,
   96  to:
   97         (a) By November 1, 2023, with assistance from the state
   98  entities, compile a list of statutorily required reports and
   99  their submission dates. The division shall update this list by
  100  each November 1 thereafter. The division shall publish the list
  101  on the Department of State’s publicly accessible website
  102  Regularly compile and update bibliographic information on such
  103  reports for distribution as provided in paragraph (b). Such
  104  bibliographic information may be included in the bibliographies
  105  prepared by the division pursuant to s. 257.05(3).
  106         (b) Beginning January 1, 2024, compile bibliographic
  107  information on each statutorily required report it receives for
  108  publication in the system implemented and maintained under
  109  subsection (5). The division shall update the bibliographic
  110  information on a quarterly basis. The bibliographic information
  111  may be included in the bibliographies prepared by the division
  112  pursuant to s. 257.05(3).
  113         (c) Beginning April 15, 2024, and each calendar quarter
  114  thereafter, distribute the most recently completed quarter’s
  115  bibliography created pursuant to paragraph (b) to the Governor,
  116  the President of the Senate, and the Speaker of the House of
  117  Representatives.
  118         (5) The Legislature finds that statutory reporting
  119  requirements for state entities is of great value to the public
  120  for accountability and transparency in government. A single,
  121  modern, Internet-based repository is necessary to compile
  122  reports on government activities as well as to ensure that
  123  statutorily required reports are easily accessible and available
  124  to the public. The ability to search for a statutorily required
  125  report by specific information will save time for the requestor
  126  and reduce the workload of state entities that are required to
  127  respond to requests for reports. Therefore, the Legislature
  128  intends that the division receive statutorily required reports,
  129  and by January 1, 2024, the division shall implement and
  130  maintain a publicly available, Internet-based system that
  131  includes, but is not limited to, the following features and
  132  functions:
  133         (a) A section or subsection that is dedicated to the
  134  cataloging of statutorily required reports;
  135         (b) The ability for state entities to electronically file
  136  statutorily required reports and to receive electronic
  137  confirmation of those filings;
  138         (c) The ability to search for and retrieve electronic
  139  versions of statutorily required reports by using the report’s
  140  designated recipient, the state entity that submitted the
  141  report, the date of the report’s submission, the law requiring
  142  the state entity to submit the report, the title or topic of the
  143  report, and identifiable keywords; and
  144         (d) The ability for users to receive automated
  145  notifications of the filing of statutorily required reports
  146  based on user-defined criteria Provide for at least quarterly
  147  distribution of bibliographic information on reports to:
  148         1. Agencies and officers within the executive, legislative,
  149  and judicial branches of state government, the State Board of
  150  Education, the Board of Governors of the State University
  151  System, and the Public Service Commission, free of charge; and
  152         2. Other interested parties upon request properly made and
  153  upon payment of the actual cost of duplication pursuant to s.
  154  119.07(1).
  155         (3) As soon as practicable, the administrative head of each
  156  executive, legislative, or judicial agency and each agency of
  157  the State Board of Education, the Board of Governors of the
  158  State University System, and the Public Service Commission
  159  required by law to make reports periodically shall ensure that
  160  those reports are created, stored, managed, updated, retrieved,
  161  and disseminated through electronic means.
  162         (4) This section may not be construed to waive or modify
  163  the requirement in s. 257.05(2) pertaining to the provision of
  164  copies of state publications to the division.
  165         Section 2. For the 2023-2024 fiscal year, the sum of $1
  166  million in nonrecurring funds from the General Revenue Fund is
  167  appropriated to the Department of State for the purpose of
  168  implementing and maintaining the searchable, publicly available,
  169  Internet-based system for statutorily required reports as
  170  required by this act.
  171         Section 3. This act shall take effect July 1, 2023.