Bill Text: FL S1150 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Governmental Accountability

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1309 (Ch. 2013-154), HB 5401 (Ch. 2013-54) [S1150 Detail]

Download: Florida-2013-S1150-Introduced.html

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       Florida Senate - 2013                                    SB 1150
       
       
       
       By Senators Benacquisto and Brandes
       
       
       
       
       30-00819A-13                                          20131150__
    1                        A bill to be entitled                      
    2         An act relating to state contracting; amending s.
    3         215.971, F.S.; requiring agreements funded with state
    4         or federal financial assistance to include additional
    5         provisions; authorizing the Chief Financial Officer to
    6         audit and approve agreements prior to execution;
    7         requiring state agencies to designate a grants manager
    8         for each agreement and providing requirements and
    9         procedures for managers; requiring the Chief Financial
   10         Officer to perform audits of executed agreements and
   11         to discuss such audits with agency officials;
   12         requiring the agency head to respond to the audit;
   13         reordering and amending s. 215.985, F.S.; revising
   14         provisions relating to the Chief Financial Officer’s
   15         intergovernmental contract tracking system under the
   16         Transparency Florida Act; requiring state agencies to
   17         post certain information in the tracking system and to
   18         update that information; requiring that exempt and
   19         confidential information be redacted from contracts
   20         and procurement documents posted on the system;
   21         authorizing the Chief Financial Officer to make
   22         available to the public the information posted on the
   23         system through a secure website; authorizing the
   24         Department of Financial Services to adopt rules;
   25         repealing s. 216.0111, F.S., relating to a requirement
   26         that state agencies report certain contract
   27         information to the Department of Financial Services
   28         and transferring that requirement to s. 215.985, F.S.;
   29         amending s. 287.057, F.S.; requiring certain contract
   30         managers to be certified and directing the Department
   31         of Management Services to be responsible for
   32         establishing the requirements for certification;
   33         amending s. 287.058, F.S.; authorizing the Chief
   34         Financial Officer to audit and approve agreements
   35         prior to execution; creating s. 287.136, F.S.;
   36         requiring the Chief Financial Officer to perform
   37         audits of executed contract documents and to discuss
   38         such audits with the agency officials; requiring the
   39         agency head to respond to the audit; providing an
   40         effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 215.971, Florida Statutes, is amended to
   45  read:
   46         215.971 Agreements funded with federal or and state
   47  assistance.—
   48         (1) For An agency agreement that provides state financial
   49  assistance to a recipient or subrecipient, as those terms are
   50  defined in s. 215.97, or that provides federal financial
   51  assistance to a subrecipient, as defined by applicable United
   52  States Office of Management and Budget circulars, must the
   53  agreement shall include all of the following:
   54         (a)(1) A provision specifying a scope of work that clearly
   55  establishes the tasks that the recipient or subrecipient is
   56  required to perform.; and
   57         (b)(2) A provision dividing the agreement into quantifiable
   58  units of deliverables that must be received and accepted in
   59  writing by the agency before payment. Each deliverable must be
   60  directly related to the scope of work and must specify the
   61  required minimum level of service to be performed and the
   62  criteria for evaluating the successful completion of each
   63  deliverable.
   64         (c) A provision specifying the financial consequences that
   65  apply if the recipient or subrecipient fails to perform the
   66  minimum level of service required by the agreement. The
   67  provision can be excluded from the agreement only if financial
   68  consequences are prohibited by the federal agency awarding the
   69  grant. Funds refunded to a state agency from a recipient or
   70  subrecipient for failure to perform as required under the
   71  agreement may be expended only in direct support of the program
   72  from which the agreement originated.
   73         (d) A provision specifying that a recipient or subrecipient
   74  of federal or state financial assistance may expend funds only
   75  for allowable costs resulting from obligations incurred during
   76  the specified agreement period.
   77         (e) A provision specifying that any balance of unobligated
   78  funds which has been advanced or paid must be refunded to the
   79  state agency.
   80         (f) A provision specifying that any funds paid in excess of
   81  the amount to which the recipient or subrecipient is entitled
   82  under the terms and conditions of the agreement must be refunded
   83  to the state agency.
   84         (g) Any additional information required pursuant to s.
   85  215.97.
   86         (2) The Chief Financial Officer may audit and approve
   87  agreements funded with state or federal assistance before the
   88  execution of such agreements in accordance with rules adopted by
   89  the Department of Financial Services. The audit must ensure that
   90  applicable laws have been met; that the agreement document
   91  contains a clear statement of work, quantifiable and measurable
   92  deliverables, performance measures, financial consequences for
   93  nonperformance, and clear terms and conditions that protect the
   94  interests of the state; and that the associated costs of the
   95  agreement are not unreasonable or inappropriate. The audit must
   96  ensure that all contracting laws have been met and that
   97  documentation is available to support the contract. A contract
   98  that does not comply with this section may be rejected and
   99  returned to the submitting agency for revision.
  100         (a) The Chief Financial Officer may establish dollar
  101  thresholds and other criteria for determining which agreements
  102  will be audited before execution. The Chief Financial Officer
  103  may revise such thresholds and other criteria for an agency or a
  104  unit of an agency as he or she deems appropriate.
  105         (b) The Chief Financial Officer shall have up to 21
  106  calendar days after receipt of the proposed grant agreement to
  107  make a final determination regarding approval of an agreement.
  108  The Chief Financial Officer and the agency entering into the
  109  contract may agree to a longer review period.
  110         (3) For each agreement funded with federal or state
  111  financial assistance, the state agency shall designate an
  112  employee to function as a grant manager who shall be responsible
  113  for enforcing performance of the agreement’s terms and
  114  conditions and who shall serve as a liaison with the recipient
  115  or subrecipient.
  116         (a) Each grant manager who is responsible for agreements in
  117  excess of the threshold amount for CATEGORY TWO under s. 287.017
  118  must complete the training and become a certified contract
  119  manager as provided under s. 287.057(14).
  120         (b) The Chief Financial Officer shall establish and
  121  disseminate uniform procedures for grant management pursuant to
  122  s. 17.03(3) to ensure that services have been rendered in
  123  accordance with agreement terms before the agency processes an
  124  invoice for payment. The procedures must include, but need not
  125  be limited to, procedures for monitoring and documenting
  126  recipient or subrecipient performance, reviewing and documenting
  127  all deliverables for which payment is requested by the recipient
  128  or subrecipient, and providing written certification by the
  129  grant manager of the agency’s receipt of goods and services.
  130         (c) The grant manager shall reconcile and verify all funds
  131  received against all funds expended during the grant agreement
  132  period and produce a final reconciliation report. The final
  133  report must identify any funds paid in excess of the
  134  expenditures incurred by the recipient or subrecipient.
  135         (4) The Chief Financial Officer shall perform audits of the
  136  executed state and federal grant agreement documents and grant
  137  manager’s records in order to ensure that adequate internal
  138  controls are in place for complying with the terms and
  139  conditions of such agreements and for validation and receipt of
  140  goods and services.
  141         (a) At the conclusion of the audit, the Chief Financial
  142  Officer’s designee shall discuss the audit and potential
  143  findings with the official whose office is subject to audit. The
  144  final audit report shall be submitted to the agency head.
  145         (b) Within 30 days after the receipt of the final audit
  146  report, the agency head shall submit to the Chief Financial
  147  Officer or designee, his or her written statement of explanation
  148  or rebuttal concerning findings requiring corrective action,
  149  including corrective action to be taken to preclude a
  150  recurrence.
  151         Section 2. Subsection (2) of section 215.985, Florida
  152  Statutes, is reordered and amended and subsection (16) of that
  153  section is amended, to read:
  154         215.985 Transparency in government spending.—
  155         (2) As used in this section, the term:
  156         (c)(a) “Governmental entity” means any state, regional,
  157  county, municipal, special district, or other political
  158  subdivision whether executive, judicial, or legislative,
  159  including, but not limited to, any department, division, bureau,
  160  commission, authority, district, or agency thereof, or any
  161  public school, Florida College System institution, state
  162  university, or associated board.
  163         (d)(b) “Website” means a site on the Internet which is
  164  easily accessible to the public at no cost and does not require
  165  the user to provide any information.
  166         (a)(c) “Committee” means the Legislative Auditing Committee
  167  created in s. 11.40.
  168         (b) “Contract” means any written agreement or purchase
  169  order issued for the purchase of goods or services and any
  170  written agreements for the receipt of federal or state financial
  171  assistance.
  172         (16) The Chief Financial Officer shall establish and
  173  maintain a secure, shared state contract tracking provide public
  174  access to a state contract management system.
  175         (a) Within 30 calendar days after executing a contract,
  176  each state agency as defined in s. 216.011(1) shall post all of
  177  the following that provides information and documentation
  178  relating to that contract on the contract tracking system, as
  179  required by rule: contracts procured by governmental entities.
  180         1. The names of the contracting entities.
  181         2. The procurement method.
  182         3. The contract beginning and end dates.
  183         4. The nature or type of the commodities or services
  184  purchased.
  185         5. Applicable contract unit prices and deliverables.
  186         6. Total compensation to be paid or received under the
  187  contract.
  188         7. All payments made to the contractor to date.
  189         8. Applicable contract performance measures.
  190         9. The justification for not using competitive solicitation
  191  to procure the contract, including citation to any statutory
  192  exemption or exception from competitive solicitation, if
  193  applicable.
  194         10. Electronic copies of the contract and procurement
  195  documents that have been redacted to conceal exempt or
  196  confidential information.
  197         11. Any other information required by the Chief Financial
  198  Officer.
  199         (a) The data collected in the system must include, but need
  200  not be limited to, the contracting agency; the procurement
  201  method; the contract beginning and ending dates; the type of
  202  commodity or service; the purpose of the commodity or service;
  203  the compensation to be paid; compliance information, such as
  204  performance metrics for the service or commodity; contract
  205  violations; the number of extensions or renewals; and the
  206  statutory authority for providing the service.
  207         (b) The affected state governmental agency shall update the
  208  information described in paragraph (a) in the contract tracking
  209  system within 30 calendar days after a major modification or
  210  amendment change to an existing contract or the execution of a
  211  new contract, agency procurement staff of the affected state
  212  governmental entity shall update the necessary information in
  213  the state contract management system. A major modification or
  214  amendment change to a contract includes, but is not limited to,
  215  a renewal, termination, or extension of the contract, or an
  216  amendment to the contract as determined by the Chief Financial
  217  Officer.
  218         (c) Each state agency identified in paragraph (a) shall
  219  redact, as defined in s. 119.011, exempt or confidential
  220  information from the contract or procurement documents before
  221  posting an electronic copy on the contract tracking system.
  222         1. If a state agency becomes aware that an electronic copy
  223  of a contract or procurement document that it posted has not
  224  been properly redacted, the state agency must immediately notify
  225  the Chief Financial Officer so that the contract or procurement
  226  document may be removed. Within 7 business days, the state
  227  agency shall provide the Chief Financial Officer with a properly
  228  redacted copy for posting.
  229         2. If a party to a contract, or authorized representative,
  230  discovers that an electronic copy of a contract or procurement
  231  document on the system has not been properly redacted, the party
  232  or representative may request the state agency that posted the
  233  document to redact the exempt or confidential information. Upon
  234  receipt of a request in compliance with this subparagraph, the
  235  state agency that posted the document shall redact the exempt or
  236  confidential information.
  237         a. Such request must be in writing and delivered by mail,
  238  facsimile, or electronic transmission or in person to the state
  239  agency that posted the information. The request must identify
  240  the specific document, the page numbers that include the exempt
  241  or confidential information, the information that is exempt or
  242  confidential, and the relevant statutory exemption. A fee may
  243  not be charged for a redaction made pursuant to such request.
  244         b. If necessary, a party to the contract may petition the
  245  circuit court for an order directing compliance with this
  246  paragraph.
  247         3. The Chief Financial Officer, the Department of Financial
  248  Services, or any officer, employee, or contractor thereof, is
  249  not responsible for redacting exempt or confidential information
  250  from an electronic copy of a contract or procurement document
  251  posted by another state agency on the system and is not liable
  252  for the failure of the state agency to redact the exempt or
  253  confidential information. The Chief Financial Officer may notify
  254  the posting state agency if a document posted on the tracking
  255  system contains exempt or confidential information.
  256         (d) Pursuant to ss. 119.01 and 119.07, the Chief Financial
  257  Officer may make information posted on the contract tracking
  258  system available for viewing and download by the public through
  259  a secure website. Unless otherwise provided by law, information
  260  retrieved electronically pursuant to this paragraph is not
  261  admissible in court as an authenticated document.
  262         1. The Chief Financial Officer may regulate and prohibit
  263  the posting of records that could facilitate identity theft or
  264  fraud, such as signatures; compromise or reveal an agency
  265  investigation; reveal the identity of undercover personnel;
  266  reveal proprietary confidential business information or trade
  267  secrets; reveal an individual’s medical information; or reveal
  268  any other record or information that the Chief Financial Officer
  269  believes may jeopardize the health, safety, or welfare of the
  270  public. However, such prohibition does not supersede the duty of
  271  a state agency to provide a copy of a public record upon
  272  request. The Chief Financial Officer shall use appropriate
  273  Internet security measures to ensure that no person has the
  274  ability to alter or modify records available on the website.
  275         2. Records made available on the website, including
  276  electronic copies of contracts or procurement documents, may not
  277  reveal information made exempt or confidential by law. Notice of
  278  the right of an affected party to request redaction of exempt or
  279  confidential information pursuant to paragraph (c) must be
  280  displayed on the website.
  281         (e) The posting of information on the contract tracking
  282  system or the provision of contract information on a website for
  283  public viewing and downloading does not supersede the duty of a
  284  state agency to respond to a public record request for such
  285  information or to a subpoena for such information.
  286         1. A request for a copy of a contract or procurement
  287  document or a certified copy of a contract or procurement
  288  document must be made to the state agency that is party to the
  289  contract. Such request may not be made to the Chief Financial
  290  Officer or the Department of Financial Services or any officer,
  291  employee, or contractor thereof unless the Chief Financial
  292  Officer or department is a party to the contract.
  293         2. A subpoena for a copy of a contract or procurement
  294  document or certified copy of a contract or procurement document
  295  must be served on the state agency that is a party to the
  296  contract and that maintains the original documents. The Chief
  297  Financial Officer or the Department of Financial Services or any
  298  officer, employee, or contractor thereof may not be served a
  299  subpoena for those records unless the Chief Financial Officer or
  300  the department is a party to the contract.
  301         (f) The Chief Financial Officer may adopt rules to
  302  administer this subsection.
  303         Section 3. Section 216.0111, Florida Statutes, is repealed.
  304         Section 4. Subsection (14) of section 287.057, Florida
  305  Statutes, is amended to read:
  306         287.057 Procurement of commodities or contractual
  307  services.—
  308         (14) For each contractual services contract, the agency
  309  shall designate an employee to function as contract manager who
  310  is shall be responsible for enforcing performance of the
  311  contract terms and conditions and serve as a liaison with the
  312  contractor. Each contract manager who is responsible for
  313  contracts in excess of the threshold amount for CATEGORY TWO
  314  established under s. 287.017 must be a certified contract
  315  manager. The Department of Management Services is responsible
  316  for establishing and disseminating the requirements for
  317  certification, which include completing the attend training
  318  conducted by the Chief Financial Officer for accountability in
  319  contracts and grant management. The Chief Financial Officer
  320  shall establish and disseminate uniform procedures pursuant to
  321  s. 17.03(3) to ensure that contractual services have been
  322  rendered in accordance with the contract terms before the agency
  323  processes the invoice for payment. The procedures must shall
  324  include, but need not be limited to, procedures for monitoring
  325  and documenting contractor performance, reviewing and
  326  documenting all deliverables for which payment is requested by
  327  vendors, and providing written certification by contract
  328  managers of the agency’s receipt of goods and services.
  329         Section 5. Subsection (7) is added to section 287.058,
  330  Florida Statutes, to read:
  331         287.058 Contract document.—
  332         (7) The Chief Financial Officer may audit contracts subject
  333  to this chapter before the execution of such contracts in
  334  accordance with rules adopted by the Department of Financial
  335  Services. The audit must ensure that applicable laws have been
  336  met; that the contract document contains a clear statement of
  337  work, quantifiable and measurable deliverables, performance
  338  measures, financial consequences for nonperformance, and clear
  339  terms and conditions that protect the interests of the state;
  340  and that the associated costs of the contract are not
  341  unreasonable or inappropriate. The audit must ensure that all
  342  contracting laws have been met and that documentation is
  343  available to support the contract. A contract that does not
  344  comply with this section may be rejected and returned to the
  345  submitting agency for revision.
  346         (a) The Chief Financial Officer may establish dollar
  347  thresholds and other criteria for sampling the contracts that
  348  are to be audited before execution. The Chief Financial Officer
  349  may revise such thresholds and other criteria for an agency or
  350  the unit of an agency as deemed appropriate.
  351         (b) The Chief Financial Officer has up to 21 calendar days
  352  after receipt of the proposed contract to make a final
  353  determination regarding approval of the contract and shall
  354  provide the audit report to the agency entering into the
  355  contract. The Chief Financial Officer and the agency entering
  356  into the contract may agree to a longer review period.
  357         Section 6. Section 287.136, Florida Statutes, is created to
  358  read:
  359         287.136 Audit of executed contract documents.—The Chief
  360  Financial Officer shall perform audits of the executed contract
  361  documents and contract manager’s records to ensure that adequate
  362  internal controls are in place for complying with the terms and
  363  conditions of the contract and for the validation and receipt of
  364  goods and services.
  365         (1) At the conclusion of the audit, the Chief Financial
  366  Officer’s designee shall discuss the audit and potential
  367  findings with the official whose office is subject to audit. The
  368  final audit report shall be submitted to the agency head.
  369         (2) Within 30 days after the receipt of the final audit
  370  report, the agency head shall submit to the Chief Financial
  371  Officer or designee, his or her written statement of explanation
  372  or rebuttal concerning findings requiring corrective action,
  373  including corrective action to be taken to preclude a
  374  recurrence.
  375         Section 7. This act shall take effect July 1, 2013.