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 contractors 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: 20 215.985Transparency 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: 39 216.1366Contract 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 contractors 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.