SB 506 — Transparency in Government Spending

Florida Senate - 2021 CS for SB 506 By Senatorthe GarciaCommittee 37-00729B-21on 2021506__Governmental AOversight billand toAccountability; be entitled An act relating to transparency in government spending;

and Senator Garcia 585-02992-21 2021506c1 A bill to be entitled An act relating to transparency in government spending;

requiringdefining thatterms; a website maintained by the Department of Management Services include specified data on salary and benefits of executives, managerial personnel, and board members of certain organizations or entities receiving state funds, by a specified date;

requiring suchnongovernmental organizationsentities andthat entitieshave received a specified amount of state funds to providesubmit salaryan andannual benefitreport detailing certain compensation data to the departmentDepartment onof anManagement annualServices; basis;

requiring any such organizationreports or entity to postbe salaryverified andunder benefitpenalty dataof onperjury; the organization’s or entity’s own website;

providingrequiring forthe department to post the withholdinginformation ofreceived fundsthrough forsuch noncompliance;reports on a specified website;

requiring a nongovernmental entity to post the reported compensation information on its website;

requiring a nongovernmental entity to take certain actions before receiving funds from a governmental entity;

prohibiting a governmental entity from expending, transferring, or distributing funds to a nongovernmental entity if compliance with reporting requirements is not met;

specifying applicability;

1621 Be It Enacted by the Legislature of the State of Florida:

1823 Section 1. Subsection1. Subsections (2) and (6) of section 215.985, Florida Statutes, isare amended to read:

215.985 Transparency in government spending.— (6)(a) The(2) As Departmentused ofin Managementthis Servicessection, shall establish and maintain a website that provides current information relating to each employee or officer of a state agency, a state university, a Florida College System institution, or the Stateterm: Board of Administration, regardless of the appropriation category from which the person is paid.

(a) “Committee” means the Legislative Auditing Committee.

(b) “Contract” means a written agreement or purchase order issued for the purchase of goods or services or a written agreement for the receipt of state or federal financial assistance.

(c) “Governmental entity” means a state, regional, county, municipal, special district, or other political subdivision whether executive, judicial, or legislative, including, but not limited to, a department, division, bureau, commission, authority, district, or agency thereof, or public school, Florida College System institution, state university, or associated board.

(d) “Nongovernmental entity” means a nonprofit corporation.

(e) “State funds” means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the state for distribution through any grant program.

(f) “Website” means a site on the Internet which is easily accessible to the public at no cost and does not require the user to provide information.

(6)(a) The Department of Management Services shall establish and maintain a website that provides current information relating to each employee or officer of a state agency, a state university, a Florida College System institution, or the State Board of Administration, regardless of the appropriation category from which the person is paid.

(b)1. By(b)1. A Februarynongovernmental 1,entity 2022,that thereceives websiteat establishedleast pursuant50 topercent paragraphof (a)its mustannual alsorevenue, includecalculated using the name,nongovernmental totalentity’s annualfiscal compensation,year, andfrom monetarystate andfunds nonmonetaryor benefitsthat ofreceives all$750,000 executives,or managerialmore personnel,in andstate boardfunds membersin ofa anyfiscal organizationyear, ormust othersubmit publicto orthe privateDepartment entityof thatManagement receivesServices fundingby inJanuary the15 annualof aggregateeach ofyear $50,000a orreport morethat fromincludes the state,name, including,position, butand nottotal limitedannual to,compensation fundsof, fromincluding thebonuses, Generalexit Revenuebonuses, Fund,accrued fundspaid fromtime anyoff, stateseverance trustpayments, fund,and anyincentive fundspayments allocatedpaid byto, theeach Federaldirector, Governmentboard andmember, distributedchief byexecutive theofficer, state,chief financial officer, or fundschief grantedoperating throughofficer aor grantany program.other person performing equivalent functions.

BeginningThe inreport calendar year 2021, any such organization or entity must providebe suchverified dataas toprovided the department by December 31 of the calendar year in whichs. the funds are received by the organization or entity.

2. Any92.525 organizationby ora entitydirector, providingboard salarymember, andchief benefitexecutive dataofficer, tochief thefinancial departmentofficer, pursuantor tochief subparagraphoperating 1.officer of the nongovernmental entity.

must2. Beginning alsoFebruary post1, 2022, and each February 1 thereafter, the organization’sDepartment orof entity’sManagement dataServices onshall itsinclude ownthe website.information reported in subparagraph 1.

3. Anyon organization or entity that fails to comply with the requirementswebsite ofestablished thisunder paragraph may(a). not receive any additional funding from the state until compliance is met.

3. A nongovernmental entity required to submit a report under subparagraph 1.

must post the reported information on its website if the entity maintains a website.

4. Before receiving funds from a governmental entity, a nongovernmental entity that:

a. Received funding subject to this paragraph in the preceding year must submit to the governmental entity an attestation verified as provided in s.

92.525, that the nongovernmental entity has submitted the report required in subparagraph 1.

b. Did not receive funding subject to this paragraph in the preceding year must submit to the governmental entity an attestation verified as provided in s.

92.525, that the nongovernmental entity has not received funding in the preceding year.

5.a. Beginning January 15, 2022, a governmental entity may not expend, transfer, or distribute funds to a nongovernmental entity until the nongovernmental entity has complied with the requirements of this paragraph.

b. This subparagraph is applicable to payments associated with contracts executed, amended, extended, or renewed on or after July 1, 2021, and any transfers or distributions authorized on or after July 1, 2021.