216.1366 Contract terms.

400 words·~2 min read·/fl/title-xiv/chapter-216/216-1366

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In order to preserve the interest of the state in the prudent expenditure of state funds, each public agency contract for services entered into or amended on or after July 1, 2020, shall authorize the public agency to inspect the:

(a)Financial records, papers, and documents of the contractor that are directly related to the performance of the contract or the expenditure of state funds.

(b)Programmatic records, papers, and documents of the contractor which the public agency determines are necessary to monitor the performance of the contract or to ensure that the terms of the contract are being met.

(2)The contract shall require the contractor to provide such records, papers, and documents requested by the public agency within 10 business days after the request is made.

(3)(a) For any contract for services executed, amended, or extended on or after July 1, 2023, with a nonprofit organization as defined in s. 215.97 (2)(m), the contract must require the contractor to provide documentation that indicates the amount of state funds:

1. Allocated to be used during the full term of the contract for remuneration to any member of the board of directors or an officer of the contractor.

2. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the contractor. The documentation must indicate the amounts and recipients of the remuneration.

Such information must be included in the contract tracking system maintained pursuant to s. 215.985 and must be posted on the contractor’s website, if the contractor maintains a website.

(b)As used in this subsection, the term:

1. “Officer” means a chief executive officer, chief financial officer, chief operating officer, or any other position performing an equivalent function.

2. “Remuneration” means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments, incentive payments, contributions to a retirement plan, or in-kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing, and meals.

3. “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. The term does not include funds used for the state Medicaid program.