Bill Text: FL S0506 | 2021 | Regular Session | Comm Sub


Bill Title: Transparency in Government Spending

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2021-04-30 - Died on Calendar [S0506 Detail]

Download: Florida-2021-S0506-Comm_Sub.html
       Florida Senate - 2021                              CS for SB 506
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Garcia
       
       
       
       
       585-02992-21                                           2021506c1
    1                        A bill to be entitled                      
    2         An act relating to transparency in government
    3         spending; amending s. 215.985, F.S.; defining terms;
    4         requiring nongovernmental entities that have received
    5         a specified amount of state funds to submit an annual
    6         report detailing certain compensation data to the
    7         Department of Management Services; requiring such
    8         reports to be verified under penalty of perjury;
    9         requiring the department to post the information
   10         received through such reports on a specified website;
   11         requiring a nongovernmental entity to post the
   12         reported compensation information on its website;
   13         requiring a nongovernmental entity to take certain
   14         actions before receiving funds from a governmental
   15         entity; prohibiting a governmental entity from
   16         expending, transferring, or distributing funds to a
   17         nongovernmental entity if compliance with reporting
   18         requirements is not met; specifying applicability;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsections (2) and (6) of section 215.985,
   24  Florida Statutes, are amended to read:
   25         215.985 Transparency in government spending.—
   26         (2) As used in this section, the term:
   27         (a) “Committee” means the Legislative Auditing Committee.
   28         (b) “Contract” means a written agreement or purchase order
   29  issued for the purchase of goods or services or a written
   30  agreement for the receipt of state or federal financial
   31  assistance.
   32         (c) “Governmental entity” means a state, regional, county,
   33  municipal, special district, or other political subdivision
   34  whether executive, judicial, or legislative, including, but not
   35  limited to, a department, division, bureau, commission,
   36  authority, district, or agency thereof, or public school,
   37  Florida College System institution, state university, or
   38  associated board.
   39         (d) “Nongovernmental entity” means a nonprofit corporation.
   40         (e) “State funds” means funds paid from the General Revenue
   41  Fund or any state trust fund, funds allocated by the Federal
   42  Government and distributed by the state, or funds appropriated
   43  by the state for distribution through any grant program.
   44         (f) “Website” means a site on the Internet which is easily
   45  accessible to the public at no cost and does not require the
   46  user to provide information.
   47         (6)(a) The Department of Management Services shall
   48  establish and maintain a website that provides current
   49  information relating to each employee or officer of a state
   50  agency, a state university, a Florida College System
   51  institution, or the State Board of Administration, regardless of
   52  the appropriation category from which the person is paid.
   53         1.(a) For each employee or officer, the information must
   54  include, at a minimum, his or her:
   55         a.1. Name and salary or hourly rate of pay.
   56         b.2. Position number, class code, and class title.
   57         c.3. Employing agency and budget entity.
   58         2.(b) The information must be searchable by state agency,
   59  state university, Florida College System institution, and the
   60  State Board of Administration, and by employee name, salary
   61  range, or class code and must be downloadable in a format that
   62  allows offline analysis.
   63         (b)1. A nongovernmental entity that receives at least 50
   64  percent of its annual revenue, calculated using the
   65  nongovernmental entity’s fiscal year, from state funds or that
   66  receives $750,000 or more in state funds in a fiscal year, must
   67  submit to the Department of Management Services by January 15 of
   68  each year a report that includes the name, position, and total
   69  annual compensation of, including bonuses, exit bonuses, accrued
   70  paid time off, severance payments, and incentive payments paid
   71  to, each director, board member, chief executive officer, chief
   72  financial officer, or chief operating officer or any other
   73  person performing equivalent functions. The report must be
   74  verified as provided in s. 92.525 by a director, board member,
   75  chief executive officer, chief financial officer, or chief
   76  operating officer of the nongovernmental entity.
   77         2. Beginning February 1, 2022, and each February 1
   78  thereafter, the Department of Management Services shall include
   79  the information reported in subparagraph 1. on the website
   80  established under paragraph (a).
   81         3. A nongovernmental entity required to submit a report
   82  under subparagraph 1. must post the reported information on its
   83  website if the entity maintains a website.
   84         4. Before receiving funds from a governmental entity, a
   85  nongovernmental entity that:
   86         a. Received funding subject to this paragraph in the
   87  preceding year must submit to the governmental entity an
   88  attestation verified as provided in s. 92.525, that the
   89  nongovernmental entity has submitted the report required in
   90  subparagraph 1.
   91         b. Did not receive funding subject to this paragraph in the
   92  preceding year must submit to the governmental entity an
   93  attestation verified as provided in s. 92.525, that the
   94  nongovernmental entity has not received funding in the preceding
   95  year.
   96         5.a.Beginning January 15, 2022, a governmental entity may
   97  not expend, transfer, or distribute funds to a nongovernmental
   98  entity until the nongovernmental entity has complied with the
   99  requirements of this paragraph.
  100         b. This subparagraph is applicable to payments associated
  101  with contracts executed, amended, extended, or renewed on or
  102  after July 1, 2021, and any transfers or distributions
  103  authorized on or after July 1, 2021.
  104         Section 2. This act shall take effect July 1, 2021.

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