Bill Text: FL S1570 | 2021 | Regular Session | Comm Sub
Bill Title: Quasi-public Entities
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-30 - Died on Calendar [S1570 Detail]
Download: Florida-2021-S1570-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 1570 By the Committees on Appropriations; and Governmental Oversight and Accountability; and Senator Rodriguez 576-04204-21 20211570c2 1 A bill to be entitled 2 An act relating to quasi-public entities; creating s. 3 20.059, F.S.; defining terms; requiring the Governor 4 to specify affiliated departments for certain quasi 5 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 a quasi-public entity to submit an annual 9 report that includes certain information to the 10 Governor, the Legislature, and its affiliated 11 department by a certain date; requiring a quasi-public 12 entity to maintain a website that includes certain 13 information; prohibiting a quasi-public entity from 14 using public funds to retain a lobbyist; authorizing 15 certain employees of a quasi-public entity to register 16 as a lobbyist and represent the quasi-public entity; 17 prohibiting a quasi-public entity from creating an 18 entity separate from itself, unless specifically 19 authorized by law; requiring that meetings of the 20 quasi-public entity’s governing body be video 21 recorded; prohibiting an executive director or similar 22 officer of a quasi-public entity from certain 23 involvement with the entity’s governing body; 24 requiring the Auditor General to compile a list of 25 quasi-public entities and submit the list to the 26 Governor, the Legislature, and the Legislative 27 Auditing Committee by a specified date; requiring the 28 Legislative Auditing Committee to establish a process 29 for random selection of quasi-public entities to 30 undergo operational audits; providing exceptions to 31 the audit process for certain entities; amending s. 32 215.985, F.S.; defining the term “quasi-public 33 entity”; requiring the Department of Management 34 Services to provide certain information relating to 35 quasi-public entity employees or officers on a 36 website; requiring such information to be searchable 37 in a certain manner; requiring a quasi-public entity 38 to post and update certain information on the secure 39 contract tracking system established and maintained by 40 the Chief Financial Officer; requiring a quasi-public 41 entity to redact certain information; providing that 42 the Chief Financial Officer, the Department of 43 Financial Services, and officers, employees, and 44 contractors thereof are not responsible for redacting, 45 and are not liable for the failure to redact, certain 46 information posted on the secure contract tracking 47 system by a quasi-public entity; providing that the 48 posting of certain information does not supersede the 49 duty of a quasi-public entity to respond to certain 50 requests or subpoenas; providing that certain actions 51 by the Chief Financial Officer do not supersede the 52 duty of a quasi-public entity to provide certain 53 records upon request; revising and providing 54 definitions; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Section 20.059, Florida Statutes, is created to 59 read: 60 20.059 Quasi-public entities.— 61 (1) As used in this section, the term: 62 (a) “Governmental entity” means a state, regional, county, 63 municipal, or special district entity or any other political 64 subdivision, whether executive, judicial, or legislative, 65 including, but not limited to, a department, a division, a 66 bureau, a commission, an authority, a district, or an agency 67 thereof, or a public school, a Florida College System 68 institution, a state university, or an associated board. 69 (b) “Operational audit” has the same meaning as in s. 70 11.45. 71 (c) “Quasi-public entity” means an entity with statewide 72 application, other than a governmental entity, established by 73 general law, regardless of form, for a public purpose or to 74 effectuate a government program, which is not under the direct 75 control of a governmental entity. The term does not include a 76 citizen support organization; a direct-support organization; a 77 joint underwriting association, a risk apportionment plan, or 78 any other entity created under s. 627.311 or s. 627.351; a 79 research institute of the state university system; or an entity 80 licensed as a health care facility under chapter 395. For 81 purposes of this paragraph, the term “direct control” means the 82 ability to plan, direct, coordinate, and execute the powers, 83 duties, functions, and responsibilities of a quasi-public 84 entity, including the ability to control, supervise, and manage 85 the quasi-public entity’s daily operations. The term does not 86 include the appointment of public officials or private persons 87 to the governing body, regardless of appointment method, and 88 does not include the approval of a plan of operations by a 89 governmental entity. 90 (2)(a) For a quasi-public entity created in law before July 91 1, 2021, the Governor must specify a department with which the 92 quasi-public entity will be affiliated, unless a department is 93 already specified in law, no later than December 31, 2021. The 94 affiliated department, whether specified by the Governor or in 95 law, shall serve in an advisory capacity to the governing body 96 of the affiliated quasi-public entity. The head of the 97 affiliated department shall review the activities of the 98 affiliated quasi-public entity at least annually and shall 99 recommend appropriate statutory changes to the Legislature, as 100 necessary, to ensure the most efficient and cost-effective 101 operation. 102 (b) For a quasi-public entity created in law on or after 103 July 1, 2021, the law creating the quasi-public entity shall 104 specify a department with which the quasi-public entity will be 105 affiliated. The affiliated department shall serve in an advisory 106 capacity to the governing body of the affiliated quasi-public 107 entity. The head of the affiliated department shall review the 108 activities of the affiliated quasi-public entity at least 109 annually and shall recommend appropriate statutory changes to 110 the Legislature, as necessary, to ensure the most efficient and 111 cost-effective operation. 112 (3) By September 15 of each year, each quasi-public entity 113 shall submit a report to the Governor, the President of the 114 Senate, the Speaker of the House of Representatives, and its 115 affiliated department which includes all of the following 116 information: 117 (a) The name, mailing address, physical address, telephone 118 number, and website address of the quasi-public entity. 119 (b) The statutory authority creating the quasi-public 120 entity. 121 (c) A description of the quasi-public entity’s mission. 122 (d) A description of the quasi-public entity’s plans for 123 the next 3 fiscal years. 124 (e) A copy of the quasi-public entity’s code of ethics. 125 (f) If the quasi-public 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 (g) If the quasi-public entity is organized as a 130 corporation, a copy of all of the following: 131 1. Corporate governance framework and structure. 132 2. Policies and practices of the corporation’s significant 133 committees, including any compensation committee. 134 3. Policies and practices for directing senior management. 135 4. Processes by which the board, its committees, and senior 136 management ensure an appropriate amount of oversight over the 137 corporation’s activities. 138 (h) If the quasi-public entity has created an entity of any 139 type with which it is affiliated, the following information must 140 be included for each such affiliated entity: 141 1. The name, mailing address, physical address, telephone 142 number, and website address of the affiliated entity. 143 2. The statutory authority creating or authorizing the 144 creation of the affiliated entity, if any. 145 3. A description of the affiliated entity’s mission. 146 4. If the affiliated entity is a corporation, a copy of all 147 of the information described in paragraph (g). 148 5. If the affiliated entity is a corporation not for 149 profit, a copy of the entity’s most recent federal Internal 150 Revenue Service Return of Organization Exempt from Income Tax 151 Form (Form 990). 152 (4) Each quasi-public entity shall maintain a publicly 153 accessible website. The website must include the following: 154 (a) The report required pursuant to subsection (3). 155 (b) The most recently approved operating budget, which must 156 be maintained on the website for 2 years. 157 (c) The position title and annual salary or rate of pay for 158 each regularly established position. 159 (d) A link to any state audit or report of the entity’s 160 operations. 161 (e) A link to any program or activity descriptions for 162 which funds may be expended. 163 (f) All meeting notices for meetings of the entity’s 164 governing body, which must be maintained on the website for 2 165 years. 166 (g) The official minutes of each meeting of the entity’s 167 governing body, which must be posted no later than 7 days after 168 the date of the meeting in which the minutes are approved. 169 (5) A quasi-public entity may not use public funds to 170 retain a lobbyist to represent the entity before the legislative 171 or executive branch. However, a full-time employee of the quasi 172 public entity may register as a lobbyist and represent the 173 entity before the legislative or executive branch. Except as a 174 full-time employee, a person may not accept public funds from a 175 quasi-public entity for lobbying. 176 (6) Unless specifically authorized by law, a quasi-public 177 entity may not create an entity separate from itself, including 178 a citizen support organization or a direct-support organization. 179 (7) Any meeting of a quasi-public entity’s governing body 180 must be video recorded. 181 (8) The executive director of a quasi-public entity, or an 182 officer with responsibilities similar to that of an executive 183 director, may not recommend or otherwise be involved in the 184 selection, appointment, or retention of any member of the 185 entity’s governing body. 186 (9)(a) By October 1, 2021, the Auditor General shall 187 compile a list of the quasi-public entities subject to this 188 section and provide such list to the Governor, the President of 189 the Senate, the Speaker of the House of Representatives, and the 190 Legislative Auditing Committee. The list must be available on 191 the Auditor General’s website for review by the public. 192 (b) The Legislative Auditing Committee shall establish 193 procedures for the annual selection of a random sample of five 194 of the quasi-public entities identified in paragraph (a) to 195 undergo an operational audit by the Auditor General. A quasi 196 public entity that has had an operational audit completed by the 197 Auditor General within the preceding 4 years or that is 198 otherwise subject to a statutorily required operational audit by 199 the Auditor General may not be included in the random sample. 200 Section 2. Present paragraph (d) of subsection (2) of 201 section 215.985, Florida Statutes, is redesignated as paragraph 202 (e), a new paragraph (d) is added to that subsection, and 203 subsections (6) and (14) of that section are amended, to read: 204 215.985 Transparency in government spending.— 205 (2) As used in this section, the term: 206 (d) “Quasi-public entity” has the same meaning as provided 207 in s. 20.059. 208 (6) The Department of Management Services shall establish 209 and maintain a website that provides current information 210 relating to each employee or officer of a state agency, a state 211 university, a Florida College System institution, a quasi-public 212 entity, or the State Board of Administration, regardless of the 213 appropriation category from which the person is paid. 214 (a) For each employee or officer, the information must 215 include, at a minimum, his or her: 216 1. Name and salary or hourly rate of pay. 217 2. Position number, class code, and class title. 218 3. Employing agency or quasi-public entity and budget 219 entity. 220 (b) The information must be searchable by state agency, 221 state university, Florida College System institution, quasi 222 public entity, and the State Board of Administration, and by 223 employee name, salary range, or class code and must be 224 downloadable in a format that allows offline analysis. 225 (14) The Chief Financial Officer shall establish and 226 maintain a secure contract tracking system available for viewing 227 and downloading by the public through a secure website. The 228 Chief Financial Officer shall use appropriate Internet security 229 measures to ensure that no person has the ability to alter or 230 modify records available on the website. 231 (a) Within 30 calendar days after executing a contract, 232 each state and quasi-public entity shall post the following 233 information relating to the contract on the contract tracking 234 system: 235 1. The names of the contracting entities. 236 2. The procurement method. 237 3. The contract beginning and ending dates. 238 4. The nature or type of the commodities or services 239 purchased. 240 5. Applicable contract unit prices and deliverables. 241 6. Total compensation to be paid or received under the 242 contract. 243 7. All payments made to the contractor to date. 244 8. Applicable contract performance measures. 245 9. If a competitive solicitation was not used to procure 246 the goods or services, the justification of such action, 247 including citation to a statutory exemption or exception from 248 competitive solicitation, if any. 249 10. Electronic copies of the contract and procurement 250 documents that have been redacted to exclude confidential or 251 exempt information. 252 (b) Within 30 calendar days after an amendment to an 253 existing contract, the state entity or quasi-public entity that 254 is a party to the contract must update the information described 255 in paragraph (a) in the contract tracking system. An amendment 256 to a contract includes, but is not limited to, a renewal, 257 termination, or extension of the contract or a modification of 258 the terms of the contract. 259 (c) By January 1, 2014, each state and quasi-public entity 260 shall post to the contract tracking system the information 261 required in paragraph (a) for each existing contract that was 262 executed before July 1, 2013, with payment from state funds made 263 after June 30, 2013. 264 (d)1. Records made available on the contract tracking 265 system may not reveal information made confidential or exempt by 266 law. 267 2. Each state and quasi-public entity that is a party to a 268 contract must redact confidential or exempt information from the 269 contract and procurement documents before posting an electronic 270 copy on the contract tracking system. If a state entity or 271 quasi-public entity that is a party to the contract becomes 272 aware that an electronic copy of a contract or a procurement 273 document has been posted but has not been properly redacted, the 274 state entity or quasi-public entity must immediately notify the 275 Chief Financial Officer and must immediately remove the contract 276 or procurement document from the contract tracking system. 277 Within 7 business days, the state entity or quasi-public entity 278 must post a properly redacted copy of the contract or 279 procurement document on the contract tracking system. 280 3.a. If a party to a contract, or an authorized 281 representative of a party to a contract, discovers that an 282 electronic copy of a contract or procurement document has been 283 posted to the contract tracking system but has not been properly 284 redacted, the party or representative may request the state 285 entity or quasi-public entity that is a party to the contract to 286 redact the confidential or exempt information. Upon receipt of 287 the request, the state entity or quasi-public entity shall 288 redact the confidential or exempt information. 289 b. A request to redact confidential or exempt information 290 must be made in writing and delivered by mail, facsimile, 291 electronic transmission, or in person to the state entity or 292 quasi-public entity that is a party to the contract. The request 293 must identify the specific document, the page numbers that 294 include the confidential or exempt information, the information 295 that is confidential or exempt, and the applicable statutory 296 exemption. A fee may not be charged for a redaction made 297 pursuant to the request. 298 c. A party to a contract may petition the circuit court for 299 an order directing compliance with this paragraph. 300 4. The contract tracking system shall display a notice of 301 the right of an affected party to request redaction of 302 confidential or exempt information contained on the system. 303 5.a. The Chief Financial Officer, the Department of 304 Financial Services, or an officer, employee, or contractor 305 thereof, is not responsible for redacting confidential or exempt 306 information from an electronic copy of a contract or procurement 307 document posted by another state entity or quasi-public entity 308 on the system. 309 b. The Chief Financial Officer, the Department of Financial 310 Services, or an officer, employee, or contractor thereof, is not 311 liable for the failure of a state entity or quasi-public entity 312 to redact the confidential or exempt information. 313 (e)1. The posting of information on the contract tracking 314 system or the provision of contract information on a website for 315 public viewing and downloading does not supersede the duty of a 316 state entity or quasi-public entity to respond to a public 317 records request or subpoena for the information. 318 2. A request for a copy of a contract or procurement 319 document or certified copy of a contract or procurement document 320 shall be made to the state entity or quasi-public entity that is 321 party to the contract. The request may not be made to the Chief 322 Financial Officer, the Department of Financial Services, or an 323 officer, employee, or contractor thereof, unless the Chief 324 Financial Officer or the department is a party to the contract. 325 3. A subpoena for a copy of a contract or procurement 326 document or certified copy of a contract or procurement document 327 must be served on the state entity or quasi-public entity that 328 is a party to the contract and that maintains the original 329 documents. The Chief Financial Officer, the Department of 330 Financial Services, or an officer, employee, or contractor 331 thereof, may not be served a subpoena for those records unless 332 the Chief Financial Officer or the department is a party to the 333 contract. 334 (f) The Chief Financial Officer may regulate and prohibit 335 the posting of records that could facilitate identity theft or 336 fraud, such as signatures; compromise or reveal an agency 337 investigation; reveal the identity of undercover personnel; 338 reveal proprietary business information or trade secrets; reveal 339 an individual’s medical information; or reveal another record or 340 information that the Chief Financial Officer believes may 341 jeopardize the health, safety, or welfare of the public. 342 However, such action by the Chief Financial Officer does not 343 supersede the duty of a state entity or quasi-public entity to 344 provide a copy of a public record upon request. 345 (g) The Chief Financial Officer may adopt rules to 346 administer this subsection. 347 (h) For purposes of this subsection, the term: 348 1. “Procurement document” means any document or material 349 provided to the public or any vendor as part of a formal 350 competitive solicitation of goods or services undertaken by a 351 state entity or quasi-public entity, and a document or material 352 submitted in response to a formal competitive solicitation by 353 any vendor who is awarded the resulting contract. 354 2. “Quasi-public entity” means an entity established by 355 law, regardless of form, for a public purpose or to effectuate a 356 government program and which is not directly controlled by a 357 governmental entity. This term does not include a citizen 358 support organization or a direct-support organization. 359 3.2.“State entity” means an official, officer, commission, 360 board, authority, council, committee, or department of the 361 executive branch of state government; a state attorney, public 362 defender, criminal conflict and civil regional counsel, capital 363 collateral regional counsel, and the Justice Administrative 364 Commission; the Public Service Commission; and any part of the 365 judicial branch of state government. 366 (i) In lieu of posting in the contract tracking system 367 administered by the Chief Financial Officer, the Department of 368 Legal Affairs and the Department of Agriculture and Consumer 369 Services may post the information described in paragraphs (a) 370 through (c) to its own agency-managed website. The data posted 371 on the agency-managed website must be downloadable in a format 372 that allows offline analysis. 373 (j) The requirement under paragraphs (a) through (c) that 374 each agency post information and documentation relating to 375 contracts on the tracking system does not apply to any record 376 that could reveal attorney work product or strategy. 377 Section 3. This act shall take effect July 1, 2021.