Bill Text: FL S1764 | 2013 | Regular Session | Engrossed


Bill Title: Transparency in Government Spending

Spectrum: Partisan Bill (? 1-0)

Status: (Failed) 2013-05-03 - Died in Messages, companion bill(s) passed, see HB 5401 (Ch. 2013-54) [S1764 Detail]

Download: Florida-2013-S1764-Engrossed.html
       SB 1764                                          First Engrossed
       
       
       
       
       
       
       
       
       20131764e1
       
    1                        A bill to be entitled                      
    2         An act relating to transparency in government
    3         spending; amending s. 215.985, F.S.; adding a
    4         definition; requiring the Executive Office of the
    5         Governor to establish a single website providing
    6         access to other websites; revising provisions relating
    7         to the establishment of a website relating to the
    8         approved operating budget; requiring the office to
    9         establish a website providing information about fiscal
   10         planning for the state and specifying the information
   11         to be included on the website; requiring the
   12         Department of Management Services to maintain a
   13         website that provides current information on state
   14         employees and officers; revising provisions requiring
   15         the Legislative Auditing Committee to provide
   16         recommendations to the Legislature about adding other
   17         information to a website; requiring website managers
   18         to provide information about the cost of creating and
   19         maintaining each website; revising provisions relating
   20         to access to the state contract management system to
   21         require that such information be accessible through a
   22         website; requiring state agencies to post certain
   23         information on the system and to update that
   24         information; requiring that exempt and confidential
   25         information be redacted from contracts and procurement
   26         documents posted on the system; providing procedures
   27         for removing such information from the system;
   28         authorizing the Chief Financial Officer to make
   29         certain information available on a website for viewing
   30         and downloading by the public and providing guidelines
   31         for regulation of such website; providing
   32         applicability of public record requests for
   33         information posted on the website; providing an
   34         exemption; authorizing the Chief Financial Officer to
   35         adopt rules; creating the User Experience Task Force
   36         to develop and recommend a design for consolidating
   37         existing state-managed websites; providing for
   38         membership; providing for staffing; requiring reports;
   39         providing for expiration; providing for an
   40         appropriation; providing an effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 215.985, Florida Statutes, is reordered
   45  and amended to read:
   46         215.985 Transparency in government spending.—
   47         (1) This section may be cited as the “Transparency Florida
   48  Act.”
   49         (2) As used in this section, the term:
   50         (c)(a) “Governmental entity” means a any state, regional,
   51  county, municipal, special district, or other political
   52  subdivision whether executive, judicial, or legislative,
   53  including, but not limited to, a any department, division,
   54  bureau, commission, authority, district, or agency thereof, or
   55  any public school, Florida College System institution, state
   56  university, or associated board.
   57         (d)(b) “Website” means a site on the Internet which is
   58  easily accessible to the public at no cost and does not require
   59  the user to provide any information.
   60         (a)(c) “Committee” means the Legislative Auditing Committee
   61  created in s. 11.40.
   62         (b) “Contract” means a written agreement or purchase order
   63  issued for the purchase of goods or services, or written
   64  agreement for the receipt of state or federal financial
   65  assistance.
   66         (3) The Executive Office of the Governor, in consultation
   67  with the appropriations committees of the Senate and the House
   68  of Representatives, shall establish and maintain a single
   69  website that provides access to all other websites required by
   70  this section. Such single website and other websites must:
   71         (a) Be constructed for usability that, to the extent
   72  possible, provides an intuitive user experience.
   73         (b) Provide a consistent visual design, interaction or
   74  navigation design, and information or data presentation.
   75         (c) Be deployed in compliance with the Americans with
   76  Disabilities Act.
   77         (d) Be compatible with all major web browsers.
   78         (4)(3) The Executive Office of the Governor, in
   79  consultation with the appropriations committees of the Senate
   80  and the House of Representatives, shall establish and maintain a
   81  single website that, directly accessible through the state’s
   82  official Internet portal, which provides information relating to
   83  the approved operating budget each appropriation in the General
   84  Appropriations Act for each branch of state government and state
   85  agency.
   86         (a) At a minimum, the information provided must include:
   87         1. Disbursement data for each appropriation by the object
   88  code associated with each expenditure established within the
   89  Florida Accounting Information Resource Subsystem. Expenditure
   90  data must include the name of the payee, the date of the
   91  expenditure, the amount of the expenditure, and the statewide
   92  document number. Such data must be searchable by the name of the
   93  payee, the paying agency, and fiscal year, and must be
   94  downloadable in a format that allows offline analysis.
   95         2. For each appropriation, any adjustments, including
   96  vetoes, approved supplemental appropriations included in
   97  legislation other than the General Appropriations Act, budget
   98  amendments, other actions approved pursuant to chapter 216, and
   99  any other adjustments authorized by law.
  100         3. Status of spending authority for each appropriation in
  101  the approved operating budget, including released, unreleased,
  102  reserved, and disbursed balances.
  103         4. Position and rate information for positions provided in
  104  the General Appropriations Act or approved through an amendment
  105  to the approved operating budget and position information for
  106  positions established in the legislative branch.
  107         5. Allotments for planned expenditures of state
  108  appropriations established by state agencies in the Florida
  109  Accounting Information Resource Subsystem, and the current
  110  balances of such allotments.
  111         6. Trust fund balance reports, including cash available,
  112  investments, and receipts.
  113         7. General revenue fund balance reports, including revenue
  114  received and amounts disbursed.
  115         8. Fixed capital outlay project data, including original
  116  appropriation and disbursements throughout the life of the
  117  project.
  118         9. A 10-year history of appropriations indicated by agency.
  119         10. Links to state audits or reports related to the
  120  expenditure and dispersal of state funds.
  121         11. Links to program or activity descriptions for which
  122  funds may be expended.
  123         (b) All data provided through the website must be data
  124  currently available in the state’s financial management
  125  information system referenced in s. 215.93. The Office of Policy
  126  and Budget in the Executive Office of the Governor shall ensure
  127  that all data added to the website remains accessible to the
  128  public for 10 years.
  129         (4) The committee shall propose providing additional state
  130  fiscal information, which may include, but is not limited to,
  131  the following information for state agencies:
  132         (a) Details of nonoperating budget authority established
  133  pursuant to s. 216.181.
  134         (b) Trust fund balance reports, including cash available,
  135  investments, and receipts.
  136         (c) General revenue fund balance reports, including revenue
  137  received and amounts disbursed.
  138         (d) Fixed capital outlay project data, including original
  139  appropriation and disbursements throughout the life of the
  140  project.
  141         (e) A 10-year history of appropriations indicated by
  142  agency.
  143         (f)Links to state audits or reports related to the
  144  expenditure and dispersal of state funds.
  145         (g) Links to program or activity descriptions for which
  146  funds may be expended.
  147         (5) The Executive Office of the Governor, in consultation
  148  with the appropriations committees of the Senate and the House
  149  of Representatives, shall establish and maintain a website that
  150  provides information relating to fiscal planning for the state.
  151         (a) At a minimum, the information must include:
  152         1. The long-range financial outlook adopted by the
  153  Legislative Budget Commission.
  154         2. The instructions to the agencies relating to legislative
  155  budget requests, capital improvement plans, and long-range
  156  program plans.
  157         3. The legislative budget requests submitted by each state
  158  agency or branch of state government, and any amendments to such
  159  requests.
  160         4. The capital improvement plans submitted by each state
  161  agency or branch of state government.
  162         5. The long-range program plans submitted by each state
  163  agency or branch of state government.
  164         6. The Governor’s budget recommendation submitted pursuant
  165  to s. 216.163.
  166         (b) The data must be searchable by fiscal year, agency,
  167  appropriation category, and keywords.
  168         (c) The Office of Policy and Budget in the Executive Office
  169  of the Governor shall ensure that all data added to the website
  170  remains accessible to the public for 10 years.
  171         (5) The committee shall recommend a format for collecting
  172  and displaying information from state universities, Florida
  173  College System institutions, school districts, charter schools,
  174  charter technical career centers, local governmental units, and
  175  other governmental entities.
  176         (6) The Department of Management Services shall establish
  177  and maintain a website that provides current information
  178  relating to each employee or officer of a state agency, state
  179  university, or the State Board of Administration, regardless of
  180  the appropriation category from which the person is paid.
  181         (a) For each employee or officer, the information must
  182  include, at a minimum, his or her:
  183         1. Name and salary or hourly rate of pay.
  184         2. Position number, class code, and class title.
  185         3. Employing agency and budget entity.
  186         (b) The information must be searchable by state agency,
  187  state university, and the State Board of Administration, and by
  188  employee name, salary range, or class code and must be
  189  downloadable in a format that allows offline analysis.
  190         (7)(6) By November 1, 2013 2012, and annually thereafter,
  191  the committee shall recommend to the President of the Senate and
  192  the Speaker of the House of Representatives:
  193         (a) Additional information to be added to a website, such
  194  as whether to expand the scope of the information provided to
  195  include state universities, Florida College System institutions,
  196  school districts, charter schools, charter technical career
  197  centers, local government units, and other governmental
  198  entities.
  199         (b)develop A schedule for adding additional information to
  200  the website by type of information and governmental entity,
  201  including timeframes and development entity.
  202         (c) A format for collecting and displaying the additional
  203  information. The schedule for adding additional information
  204  shall be submitted to the President of the Senate and the
  205  Speaker of the House of Representatives. Additional information
  206  may include:
  207         (a) Disbursements by the governmental entity from funds
  208  established within the treasury of the governmental entity,
  209  including, for all branches of state government, allotment
  210  balances in the Florida Accounting Information Resource
  211  Subsystem.
  212         (b) Revenues received by each governmental entity,
  213  including receipts or deposits by the governmental entity into
  214  funds established within the treasury of the governmental
  215  entity.
  216         (c) Information relating to a governmental entity’s bonded
  217  indebtedness, including, but not limited to, the total amount of
  218  obligation stated in terms of principal and interest, an
  219  itemization of each obligation, the term of each obligation, the
  220  source of funding for repayment of each obligation, the amounts
  221  of principal and interest previously paid to reduce each
  222  obligation, the balance remaining of each obligation, any
  223  refinancing of any obligation, and the cited statutory authority
  224  to issue such bonds.
  225         (d) Links to available governmental entity websites.
  226         (8)(7)The manager of each website described in subsections
  227  (4), (5), and (6) shall submit to the committee information
  228  relating to the cost of creating and maintaining such website,
  229  and A counter shall be established on the website to show the
  230  number of times the website has been accessed.
  231         (8) By August 31 of each fiscal year, each executive branch
  232  agency, the state court system, and the Legislature shall
  233  establish allotments in the Florida Accounting Information
  234  Resource Subsystem for planned expenditures of state
  235  appropriations.
  236         (9) The committee shall coordinate with the Financial
  237  Management Information Board in developing any recommendations
  238  for including information on the website which is necessary to
  239  meet the requirements of s. 215.91(8).
  240         (10) Functional owners as described defined in s. 215.94
  241  and other governmental entities shall provide information
  242  necessary to accomplish the purposes of this section.
  243         (11) A municipality or special district that has total
  244  annual revenues of less than $10 million is exempt from this
  245  section.
  246         (11)(12)By September 1, 2011, Each water management
  247  district shall provide a monthly financial statement to its
  248  governing board and make such statement available for public
  249  access on its website.
  250         (12)(13) This section does not require or permit the
  251  disclosure of information that is considered confidential under
  252  by state or federal law.
  253         (14) The Office of Policy and Budget in the Executive
  254  Office of the Governor shall ensure that all data added to the
  255  website remains accessible to the public for 10 years.
  256         (13)(15) The committee shall prepare an annual report
  257  detailing progress in establishing the single website and
  258  providing recommendations for enhancement of the content and
  259  format of the website and related policies and procedures. The
  260  first report shall be submitted to the Governor, the President
  261  of the Senate, and the Speaker of the House of Representatives
  262  by November 1, 2011, and annually by November 1 thereafter.
  263         (14)(16) The Chief Financial Officer shall establish and
  264  maintain a secure, shared state contract tracking system
  265  accessible through a website to provide public access to a state
  266  contract management system that provides information and
  267  documentation relating to contracts procured by state agencies
  268  governmental entities.
  269         (a) Within 30 calendar days after executing a contract,
  270  each state agency must post the following information and
  271  documentation relating to that contract on the system:
  272         1. The names of the contracting entities.
  273         2. The procurement method.
  274         3. The contract beginning and ending dates.
  275         4. The nature or type of commodities or services purchased.
  276         5. Applicable contract unit prices and deliverables.
  277         6. Total compensation to be paid or received under the
  278  contract.
  279         7. All payments made to the contractor to date.
  280         8. Applicable contract performance measures.
  281         9. If a competitive solicitation was not used to procure
  282  the goods or services, the justification of such action,
  283  including citation to a statutory exemption or exception from
  284  competitive solicitation, if any.
  285         10. Electronic copies of the contract and procurement
  286  documents that have been redacted to conceal exempt or
  287  confidential information as provided under paragraph (c). The
  288  data collected in the system must include, but need not be
  289  limited to, the contracting agency; the procurement method; the
  290  contract beginning and ending dates; the type of commodity or
  291  service; the purpose of the commodity or service; the
  292  compensation to be paid; compliance information, such as
  293  performance metrics for the service or commodity; contract
  294  violations; the number of extensions or renewals; and the
  295  statutory authority for providing the service.
  296         (b) Within 30 calendar days after a major modification or
  297  amendment change to an existing contract, or the execution of a
  298  new contract, agency procurement staff of the affected state
  299  governmental entity shall update the necessary information and
  300  documentation described in paragraph (a) in the state contract
  301  tracking management system. A major modification or amendment
  302  change to a contract includes, but is not limited to, a renewal,
  303  termination, or extension of the contract, or an amendment to
  304  the contract as determined by the Chief Financial Officer.
  305         (c) Each state agency shall redact, as defined in s.
  306  119.011, information that is exempt from s. 119.07(1) and Art.
  307  I, s. 24(a) of the State Constitution, or that is otherwise made
  308  confidential by law, from the contract or procurement documents
  309  before posting an electronic copy of such documents on the state
  310  contract tracking system.
  311         1. If a state agency becomes aware that an electronic copy
  312  of a contract or procurement document that it posted has not
  313  been properly redacted, the state agency shall immediately
  314  notify the Chief Financial Officer so that the contract or
  315  procurement document can be removed. Within 7 calendar days, the
  316  state agency shall provide the Chief Financial Officer with a
  317  properly redacted copy for posting.
  318         2. If a party to a contract, or an authorized
  319  representative thereof, discovers that an electronic copy of a
  320  contract or procurement document on the system has not been
  321  properly redacted, the party or representative may request the
  322  state agency that posted the document to redact the exempt or
  323  confidential information. Upon receipt of a request in
  324  compliance with this subparagraph, the state agency that posted
  325  the document shall redact the exempt or confidential
  326  information.
  327         a. Such request must be in writing and delivered by mail or
  328  electronic transmission, or in person, to the state agency that
  329  posted the information. The request must identify the specific
  330  document, the page numbers that include the exempt or
  331  confidential information, the information that is exempt or
  332  confidential, and the statute that makes the information exempt
  333  or confidential. A fee may not be charged for a redaction made
  334  pursuant to such request.
  335         b. If necessary, a party to a contract may petition the
  336  circuit court for an order directing compliance with this
  337  paragraph.
  338         3. The Chief Financial Officer, the Department of Financial
  339  Services, or an officer, employee, or contractor thereof, is not
  340  responsible for redacting exempt or confidential information
  341  from an electronic copy of a contract or procurement document
  342  posted by another state agency on the system, and is not liable
  343  for the failure of the state agency to redact the exempt or
  344  confidential information. The Chief Financial Officer may notify
  345  the posting state agency if a document posted on the tracking
  346  system which contains exempt or confidential information is
  347  discovered.
  348         (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
  349  Officer may make information posted on the state contract
  350  tracking system available for viewing and downloading by the
  351  public through a website. Unless otherwise provided by law,
  352  information retrieved electronically pursuant to this paragraph
  353  is not admissible in court as an authenticated document.
  354         1. The Chief Financial Officer may regulate and prohibit
  355  the posting of records that could facilitate identity theft or
  356  fraud, such as signatures; compromise or reveal an agency
  357  investigation; reveal the identity of undercover personnel;
  358  reveal proprietary business information or trade secrets; reveal
  359  an individual’s medical information; or reveal any other record
  360  or information that the Chief Financial Officer believes may
  361  jeopardize the health, safety, or welfare of the public.
  362  However, such action by the Chief Financial Officer does not
  363  supersede the duty of a state agency to provide a copy of a
  364  public record upon request. The Chief Financial Officer shall
  365  use appropriate Internet security measures to ensure that no
  366  person has the ability to alter or modify records available on
  367  the website.
  368         2. Records made available on the website, including
  369  electronic copies of contracts or procurement documents, may not
  370  reveal information made exempt or confidential by law. Notice of
  371  the right of an affected party to request redaction of exempt or
  372  confidential information pursuant to paragraph (c) must be
  373  displayed on the website.
  374         (e) The posting of information on the state contract
  375  tracking system, or the provision of contract information on a
  376  website for public viewing and downloading, does not supersede
  377  the duty of a state agency to respond to a public record request
  378  for such information or to a subpoena for such information.
  379         1. A request for a copy of a contract or procurement
  380  document or a certified copy of a contract or procurement
  381  document shall be made to the state agency that is party to the
  382  contract. Such request may not be made to the Chief Financial
  383  Officer or the Department of Financial Services or an officer,
  384  employee, or contractor thereof unless the Chief Financial
  385  Officer or the Department of Financial Services is a party to
  386  the contract.
  387         2. A subpoena for a copy of a contract or procurement
  388  document or certified copy of a contract or procurement document
  389  must be served on the state agency that is a party to the
  390  contract and that maintains the original documents. The Chief
  391  Financial Officer or the Department of Financial Services or an
  392  officer, employee, or contractor thereof may not be served a
  393  subpoena for those records unless the Chief Financial Officer or
  394  the Department of Financial Services is a party to the contract.
  395         (f) The requirement under paragraphs (a) and (b) that each
  396  agency post information and documentation relating to contracts
  397  on the tracking system does not apply to any record that could
  398  reveal attorney work product or strategy.
  399         (g) The Chief Financial Officer may adopt rules to
  400  administer this subsection, including procedures and
  401  requirements for submitting and updating the information and
  402  documentation relating to contracts required by this subsection.
  403         Section 2. User Experience Task Force.—
  404         (1) The User Experience Task Force is created to develop
  405  and recommend a design for consolidating existing state-managed
  406  websites that provide public access to state operational and
  407  fiscal information into a single website. If necessary, the
  408  recommendation may include a complete redesign of data
  409  submission and inclusion.
  410         (2) The task force shall be comprised of four members:
  411         (a) One member designated by the Governor.
  412         (b) One member designated by the Chief Financial Officer.
  413         (c) One member designated by the President of the Senate.
  414         (d) One member designated by the Speaker of the House of
  415  Representatives.
  416         (3) The task force shall elect a chair from among its
  417  members.
  418         (4) The Governor, the Chief Financial Officer, the
  419  President of the Senate, and the Speaker of the House of
  420  Representatives shall assign staff to assist the task force in
  421  performing its duties.
  422         (5) By October 1, 2013, the task force shall submit a work
  423  plan to the Governor, the Chief Financial Officer, the President
  424  of the Senate, and the Speaker of the House of Representatives.
  425  The work plan must include, but is not limited to, a review of:
  426         (a) All relevant state-managed websites.
  427         (b) Options for reducing the number of websites without
  428  losing detailed data.
  429         (c) Options for linking expenditure data with related
  430  invoices and contracts.
  431         (6) By March 1, 2014, the task force shall submit its
  432  complete recommendation to the Governor, the Chief Financial
  433  Officer, the President of the Senate, and the Speaker of the
  434  House of Representatives. The recommended design must provide an
  435  intuitive and cohesive user experience that allows users to move
  436  easily between varied types of related data. The recommendation
  437  must also include a cost estimate for implementation of the
  438  design.
  439         (7) This section expires June 30, 2014.
  440         Section 3. The sum of $326,775 in recurring funds and
  441  $386,292 in nonrecurring funds from the General Revenue Fund and
  442  four full-time equivalent positions and associated salary rate
  443  of 231,409 are appropriated to the Department of Financial
  444  Services for the 2013-2014 fiscal year to implement the state
  445  contract tracking system.
  446         Section 4. This act shall take effect July 1, 2013.

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