Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 880
       
       
       
       
       
       
                                Ì108026ÇÎ108026                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2017           .                                
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       The Committee on Community Affairs (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 11.40, Florida
    6  Statutes, is amended to read:
    7         11.40 Legislative Auditing Committee.—
    8         (2) Following notification by the Auditor General, the
    9  Department of Financial Services, or the Division of Bond
   10  Finance of the State Board of Administration, the Governor or
   11  his or her designee, or the Commissioner of Education or his or
   12  her designee of the failure of a local governmental entity,
   13  district school board, charter school, or charter technical
   14  career center to comply with the applicable provisions within s.
   15  11.45(5)-(7), s. 218.32(1), s. 218.38, or s. 218.503(3), the
   16  Legislative Auditing Committee may schedule a hearing to
   17  determine if the entity should be subject to further state
   18  action. If the committee determines that the entity should be
   19  subject to further state action, the committee shall:
   20         (a) In the case of a local governmental entity or district
   21  school board, direct the Department of Revenue and the
   22  Department of Financial Services to withhold any funds not
   23  pledged for bond debt service satisfaction which are payable to
   24  such entity until the entity complies with the law. The
   25  committee shall specify the date that such action must shall
   26  begin, and the directive must be received by the Department of
   27  Revenue and the Department of Financial Services 30 days before
   28  the date of the distribution mandated by law. The Department of
   29  Revenue and the Department of Financial Services may implement
   30  the provisions of this paragraph.
   31         (b) In the case of a special district created by:
   32         1. A special act, notify the President of the Senate, the
   33  Speaker of the House of Representatives, the standing committees
   34  of the Senate and the House of Representatives charged with
   35  special district oversight as determined by the presiding
   36  officers of each respective chamber, the legislators who
   37  represent a portion of the geographical jurisdiction of the
   38  special district, and the Department of Economic Opportunity
   39  that the special district has failed to comply with the law.
   40  Upon receipt of notification, the Department of Economic
   41  Opportunity shall proceed pursuant to s. 189.062 or s. 189.067.
   42  If the special district remains in noncompliance after the
   43  process set forth in s. 189.0651, or if a public hearing is not
   44  held, the Legislative Auditing Committee may request the
   45  department to proceed pursuant to s. 189.067(3).
   46         2. A local ordinance, notify the chair or equivalent of the
   47  local general-purpose government pursuant to s. 189.0652 and the
   48  Department of Economic Opportunity that the special district has
   49  failed to comply with the law. Upon receipt of notification, the
   50  department shall proceed pursuant to s. 189.062 or s. 189.067.
   51  If the special district remains in noncompliance after the
   52  process set forth in s. 189.0652, or if a public hearing is not
   53  held, the Legislative Auditing Committee may request the
   54  department to proceed pursuant to s. 189.067(3).
   55         3. Any manner other than a special act or local ordinance,
   56  notify the Department of Economic Opportunity that the special
   57  district has failed to comply with the law. Upon receipt of
   58  notification, the department shall proceed pursuant to s.
   59  189.062 or s. 189.067(3).
   60         (c) In the case of a charter school or charter technical
   61  career center, notify the appropriate sponsoring entity, which
   62  may terminate the charter pursuant to ss. 1002.33 and 1002.34.
   63         Section 2. Subsection (1), paragraph (j) of subsection (2),
   64  paragraph (u) of subsection (3), and paragraph (i) of subsection
   65  (7) of section 11.45, Florida Statutes, are amended, and
   66  paragraph (x) is added to subsection (3) of that section, to
   67  read:
   68         11.45 Definitions; duties; authorities; reports; rules.—
   69         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
   70         (a)“Abuse” means behavior that is deficient or improper
   71  when compared with behavior that a prudent person would consider
   72  a reasonable and necessary operational practice given the facts
   73  and circumstances. The term includes the misuse of authority or
   74  position for personal gain.
   75         (b)(a) “Audit” means a financial audit, operational audit,
   76  or performance audit.
   77         (c)(b) “County agency” means a board of county
   78  commissioners or other legislative and governing body of a
   79  county, however styled, including that of a consolidated or
   80  metropolitan government, a clerk of the circuit court, a
   81  separate or ex officio clerk of the county court, a sheriff, a
   82  property appraiser, a tax collector, a supervisor of elections,
   83  or any other officer in whom any portion of the fiscal duties of
   84  a body or officer expressly stated in this paragraph the above
   85  are under law separately placed by law.
   86         (d)(c) “Financial audit” means an examination of financial
   87  statements in order to express an opinion on the fairness with
   88  which they are presented in conformity with generally accepted
   89  accounting principles and an examination to determine whether
   90  operations are properly conducted in accordance with legal and
   91  regulatory requirements. Financial audits must be conducted in
   92  accordance with auditing standards generally accepted in the
   93  United States and government auditing standards as adopted by
   94  the Board of Accountancy. When applicable, the scope of
   95  financial audits must shall encompass the additional activities
   96  necessary to establish compliance with the Single Audit Act
   97  Amendments of 1996, 31 U.S.C. ss. 7501-7507, and other
   98  applicable federal law.
   99         (e)“Fraud” means obtaining something of value through
  100  willful misrepresentation, including, but not limited to, the
  101  intentional misstatements or intentional omissions of amounts or
  102  disclosures in financial statements to deceive users of
  103  financial statements, theft of an entity’s assets, bribery, or
  104  the use of one’s position for personal enrichment through the
  105  deliberate misuse or misapplication of an organization’s
  106  resources.
  107         (f)(d) “Governmental entity” means a state agency, a county
  108  agency, or any other entity, however styled, that independently
  109  exercises any type of state or local governmental function.
  110         (g)(e) “Local governmental entity” means a county agency,
  111  municipality, tourist development council, county tourism
  112  promotion agency, or special district as defined in s. 189.012.
  113  The term, but does not include any housing authority established
  114  under chapter 421.
  115         (h)(f) “Management letter” means a statement of the
  116  auditor’s comments and recommendations.
  117         (i)(g) “Operational audit” means an audit whose purpose is
  118  to evaluate management’s performance in establishing and
  119  maintaining internal controls, including controls designed to
  120  prevent and detect fraud, waste, and abuse, and in administering
  121  assigned responsibilities in accordance with applicable laws,
  122  administrative rules, contracts, grant agreements, and other
  123  guidelines. Operational audits must be conducted in accordance
  124  with government auditing standards. Such audits examine internal
  125  controls that are designed and placed in operation to promote
  126  and encourage the achievement of management’s control objectives
  127  in the categories of compliance, economic and efficient
  128  operations, reliability of financial records and reports, and
  129  safeguarding of assets, and identify weaknesses in those
  130  internal controls.
  131         (j)(h) “Performance audit” means an examination of a
  132  program, activity, or function of a governmental entity,
  133  conducted in accordance with applicable government auditing
  134  standards or auditing and evaluation standards of other
  135  appropriate authoritative bodies. The term includes an
  136  examination of issues related to:
  137         1. Economy, efficiency, or effectiveness of the program.
  138         2. Structure or design of the program to accomplish its
  139  goals and objectives.
  140         3. Adequacy of the program to meet the needs identified by
  141  the Legislature or governing body.
  142         4. Alternative methods of providing program services or
  143  products.
  144         5. Goals, objectives, and performance measures used by the
  145  agency to monitor and report program accomplishments.
  146         6. The accuracy or adequacy of public documents, reports,
  147  or requests prepared under the program by state agencies.
  148         7. Compliance of the program with appropriate policies,
  149  rules, or laws.
  150         8. Any other issues related to governmental entities as
  151  directed by the Legislative Auditing Committee.
  152         (k)(i) “Political subdivision” means a separate agency or
  153  unit of local government created or established by law and
  154  includes, but is not limited to, the following and the officers
  155  thereof: authority, board, branch, bureau, city, commission,
  156  consolidated government, county, department, district,
  157  institution, metropolitan government, municipality, office,
  158  officer, public corporation, town, or village.
  159         (l)(j) “State agency” means a separate agency or unit of
  160  state government created or established by law and includes, but
  161  is not limited to, the following and the officers thereof:
  162  authority, board, branch, bureau, commission, department,
  163  division, institution, office, officer, or public corporation,
  164  as the case may be, except any such agency or unit within the
  165  legislative branch of state government other than the Florida
  166  Public Service Commission.
  167         (m)“Waste” means the act of using or expending resources
  168  unreasonably, carelessly, extravagantly, or for no useful
  169  purpose.
  170         (2) DUTIES.—The Auditor General shall:
  171         (j) Conduct audits of local governmental entities when
  172  determined to be necessary by the Auditor General, when directed
  173  by the Legislative Auditing Committee, or when otherwise
  174  required by law. No later than 18 months after the release of
  175  the audit report, the Auditor General shall perform such
  176  appropriate followup procedures as he or she deems necessary to
  177  determine the audited entity’s progress in addressing the
  178  findings and recommendations contained within the Auditor
  179  General’s previous report. The Auditor General shall notify each
  180  member of the audited entity’s governing body and the
  181  Legislative Auditing Committee of the results of his or her
  182  determination. For purposes of this paragraph, local
  183  governmental entities do not include water management districts.
  184  
  185  The Auditor General shall perform his or her duties
  186  independently but under the general policies established by the
  187  Legislative Auditing Committee. This subsection does not limit
  188  the Auditor General’s discretionary authority to conduct other
  189  audits or engagements of governmental entities as authorized in
  190  subsection (3).
  191         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
  192  General may, pursuant to his or her own authority, or at the
  193  direction of the Legislative Auditing Committee, conduct audits
  194  or other engagements as determined appropriate by the Auditor
  195  General of:
  196         (u) The Florida Virtual School pursuant to s. 1002.37.
  197         (x)Tourist development councils and county tourism
  198  promotion agencies.
  199         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  200         (i) The Auditor General shall annually transmit by July 15,
  201  to the President of the Senate, the Speaker of the House of
  202  Representatives, and the Department of Financial Services, a
  203  list of all school districts, charter schools, charter technical
  204  career centers, Florida College System institutions, state
  205  universities, and local governmental entities water management
  206  districts that have failed to comply with the transparency
  207  requirements as identified in the audit reports reviewed
  208  pursuant to paragraph (b) and those conducted pursuant to
  209  subsection (2).
  210         Section 3. Paragraph (d) of subsection (2) of section
  211  28.35, Florida Statutes, is amended to read:
  212         28.35 Florida Clerks of Court Operations Corporation.—
  213         (2) The duties of the corporation shall include the
  214  following:
  215         (d) Developing and certifying a uniform system of workload
  216  measures and applicable workload standards for court-related
  217  functions as developed by the corporation and clerk workload
  218  performance in meeting the workload performance standards. These
  219  workload measures and workload performance standards shall be
  220  designed to facilitate an objective determination of the
  221  performance of each clerk in accordance with minimum standards
  222  for fiscal management, operational efficiency, and effective
  223  collection of fines, fees, service charges, and court costs. The
  224  corporation shall develop the workload measures and workload
  225  performance standards in consultation with the Legislature. When
  226  the corporation finds a clerk has not met the workload
  227  performance standards, the corporation shall identify the nature
  228  of each deficiency and any corrective action recommended and
  229  taken by the affected clerk of the court. For quarterly periods
  230  ending on the last day of March, June, September, and December
  231  of each year, the corporation shall notify the Legislature of
  232  any clerk not meeting workload performance standards and provide
  233  a copy of any corrective action plans. Such notifications shall
  234  be submitted no later than 45 days after the end of the
  235  preceding quarterly period. As used in this subsection, the
  236  term:
  237         1. “Workload measures” means the measurement of the
  238  activities and frequency of the work required for the clerk to
  239  adequately perform the court-related duties of the office as
  240  defined by the membership of the Florida Clerks of Court
  241  Operations Corporation.
  242         2. “Workload performance standards” means the standards
  243  developed to measure the timeliness and effectiveness of the
  244  activities that are accomplished by the clerk in the performance
  245  of the court-related duties of the office as defined by the
  246  membership of the Florida Clerks of Court Operations
  247  Corporation.
  248         Section 4. Present subsections (6) and (7) of section
  249  43.16, Florida Statutes, are renumbered as subsections (7) and
  250  (8), respectively, and a new subsection (6) is added to that
  251  section to read:
  252         43.16 Justice Administrative Commission; membership, powers
  253  and duties.—
  254         (6)The commission, each state attorney, each public
  255  defender, the criminal conflict and civil regional counsel, the
  256  capital collateral regional counsel, and the Guardian Ad Litem
  257  Program shall establish and maintain internal controls designed
  258  to:
  259         (a)Prevent and detect fraud, waste, and abuse as defined
  260  in s. 11.45(1).
  261         (b)Promote and encourage compliance with applicable laws,
  262  rules, contracts, grant agreements, and best practices.
  263         (c)Support economical and efficient operations.
  264         (d)Ensure reliability of financial records and reports.
  265         (e)Safeguard assets.
  266         Section 5. Subsection (6) of section 112.061, Florida
  267  Statutes, is amended to read:
  268         112.061 Per diem and travel expenses of public officers,
  269  employees, and authorized persons.—
  270         (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.—For
  271  purposes of reimbursement rates and methods of calculation, per
  272  diem and subsistence allowances are provided as follows:
  273         (a) All travelers shall be allowed for subsistence when
  274  traveling to a convention or conference or when traveling within
  275  or outside the state in order to conduct bona fide state
  276  business, which convention, conference, or business serves a
  277  direct and lawful public purpose with relation to the public
  278  agency served by the person attending such meeting or conducting
  279  such business, either of the following for each day of such
  280  travel at the option of the traveler:
  281         1. Eighty dollars per diem; or
  282         2. If actual expenses exceed $80, the amounts permitted in
  283  paragraph (b) for subsistence, plus actual expenses for lodging
  284  at a single-occupancy rate, except as provided in paragraph (c),
  285  to be substantiated by paid bills therefor.
  286  
  287  When lodging or meals are provided at a state institution, the
  288  traveler shall be reimbursed only for the actual expenses of
  289  such lodging or meals, not to exceed the maximum provided for in
  290  this subsection.
  291         (b) All travelers shall be allowed the following amounts
  292  for subsistence while on Class C travel on official business as
  293  provided in paragraph (5)(b):
  294         1. Breakfast	$6
  295         2. Lunch	$11
  296         3. Dinner	$19
  297         (c)Actual expenses for lodging associated with the
  298  attendance of an employee of a state agency or the judicial
  299  branch at a meeting, conference, or convention organized or
  300  sponsored in whole or in part by a state agency or the judicial
  301  branch may not exceed $150 per day. However, an employee may
  302  expend his or her own funds for any lodging expenses that exceed
  303  $150 per day.
  304         (d)(c) No one, whether traveling out of state or in state,
  305  shall be reimbursed for any meal or lodging included in a
  306  convention or conference registration fee paid by the state.
  307         Section 6. Paragraph (c) of subsection (3) of section
  308  129.03, Florida Statutes, is amended to read:
  309         129.03 Preparation and adoption of budget.—
  310         (3) The county budget officer, after tentatively
  311  ascertaining the proposed fiscal policies of the board for the
  312  next fiscal year, shall prepare and present to the board a
  313  tentative budget for the next fiscal year for each of the funds
  314  provided in this chapter, including all estimated receipts,
  315  taxes to be levied, and balances expected to be brought forward
  316  and all estimated expenditures, reserves, and balances to be
  317  carried over at the end of the year.
  318         (c) The board shall hold public hearings to adopt tentative
  319  and final budgets pursuant to s. 200.065. The hearings shall be
  320  primarily for the purpose of hearing requests and complaints
  321  from the public regarding the budgets and the proposed tax
  322  levies and for explaining the budget and any proposed or adopted
  323  amendments. The tentative budget must be posted on the county’s
  324  official website at least 2 days before the public hearing to
  325  consider such budget and must remain on the website for at least
  326  45 days. The final budget must be posted on the website within
  327  30 days after adoption and must remain on the website for at
  328  least 2 years. The tentative budgets, adopted tentative budgets,
  329  and final budgets shall be filed in the office of the county
  330  auditor as a public record. Sufficient reference in words and
  331  figures to identify the particular transactions must shall be
  332  made in the minutes of the board to record its actions with
  333  reference to the budgets.
  334         Section 7. Paragraph (f) of subsection (2) of section
  335  129.06, Florida Statutes, is amended to read:
  336         129.06 Execution and amendment of budget.—
  337         (2) The board at any time within a fiscal year may amend a
  338  budget for that year, and may within the first 60 days of a
  339  fiscal year amend the budget for the prior fiscal year, as
  340  follows:
  341         (f) Unless otherwise prohibited by law, if an amendment to
  342  a budget is required for a purpose not specifically authorized
  343  in paragraphs (a)-(e), the amendment may be authorized by
  344  resolution or ordinance of the board of county commissioners
  345  adopted following a public hearing.
  346         1. The public hearing must be advertised at least 2 days,
  347  but not more than 5 days, before the date of the hearing. The
  348  advertisement must appear in a newspaper of paid general
  349  circulation and must identify the name of the taxing authority,
  350  the date, place, and time of the hearing, and the purpose of the
  351  hearing. The advertisement must also identify each budgetary
  352  fund to be amended, the source of the funds, the use of the
  353  funds, and the total amount of each fund’s appropriations.
  354         2. If the board amends the budget pursuant to this
  355  paragraph, the adopted amendment must be posted on the county’s
  356  official website within 5 days after adoption and must remain on
  357  the website for at least 2 years.
  358         Section 8. Subsections (3) and (5) of section 166.241,
  359  Florida Statutes, are amended to read:
  360         166.241 Fiscal years, budgets, and budget amendments.—
  361         (3) The tentative budget must be posted on the
  362  municipality’s official website at least 2 days before the
  363  budget hearing, held pursuant to s. 200.065 or other law, to
  364  consider such budget and must remain on the website for at least
  365  45 days. The final adopted budget must be posted on the
  366  municipality’s official website within 30 days after adoption
  367  and must remain on the website for at least 2 years. If the
  368  municipality does not operate an official website, the
  369  municipality must, within a reasonable period of time as
  370  established by the county or counties in which the municipality
  371  is located, transmit the tentative budget and final budget to
  372  the manager or administrator of such county or counties who
  373  shall post the budgets on the county’s website.
  374         (5) If the governing body of a municipality amends the
  375  budget pursuant to paragraph (4)(c), the adopted amendment must
  376  be posted on the official website of the municipality within 5
  377  days after adoption and must remain on the website for at least
  378  2 years. If the municipality does not operate an official
  379  website, the municipality must, within a reasonable period of
  380  time as established by the county or counties in which the
  381  municipality is located, transmit the adopted amendment to the
  382  manager or administrator of such county or counties who shall
  383  post the adopted amendment on the county’s website.
  384         Section 9. Section 215.86, Florida Statutes, is amended to
  385  read:
  386         215.86 Management systems and controls.—Each state agency
  387  and the judicial branch as defined in s. 216.011 shall establish
  388  and maintain management systems and internal controls designed
  389  to:
  390         (1)Prevent and detect fraud, waste, and abuse as defined
  391  in s. 11.45(1). that
  392         (2) Promote and encourage compliance with applicable laws,
  393  rules, contracts, and grant agreements.;
  394         (3)Support economical and economic, efficient, and
  395  effective operations.;
  396         (4)Ensure reliability of financial records and reports.;
  397         (5)Safeguard and safeguarding of assets. Accounting
  398  systems and procedures shall be designed to fulfill the
  399  requirements of generally accepted accounting principles.
  400         Section 10. Paragraph (a) of subsection (2) of section
  401  215.97, Florida Statutes, is amended to read:
  402         215.97 Florida Single Audit Act.—
  403         (2) As used in this section, the term:
  404         (a) “Audit threshold” means the threshold amount used to
  405  determine when a state single audit or project-specific audit of
  406  a nonstate entity shall be conducted in accordance with this
  407  section. Each nonstate entity that expends a total amount of
  408  state financial assistance equal to or in excess of $750,000 in
  409  any fiscal year of such nonstate entity shall be required to
  410  have a state single audit, or a project-specific audit, for such
  411  fiscal year in accordance with the requirements of this section.
  412  Every 2 years the Auditor General, After consulting with the
  413  Executive Office of the Governor, the Department of Financial
  414  Services, and all state awarding agencies, the Auditor General
  415  shall periodically review the threshold amount for requiring
  416  audits under this section and may recommend any appropriate
  417  statutory change to revise the threshold amount in the annual
  418  report submitted pursuant to s. 11.45(7)(h) to the Legislature
  419  adjust such threshold amount consistent with the purposes of
  420  this section.
  421         Section 11. Subsection (11) of section 215.985, Florida
  422  Statutes, is amended to read:
  423         215.985 Transparency in government spending.—
  424         (11) Each water management district shall provide a monthly
  425  financial statement in the form and manner prescribed by the
  426  Department of Financial Services to the district’s its governing
  427  board and make such monthly financial statement available for
  428  public access on its website.
  429         Section 12. Paragraph (d) of subsection (1) and subsection
  430  (2) of section 218.32, Florida Statutes, are amended to read:
  431         218.32 Annual financial reports; local governmental
  432  entities.—
  433         (1)
  434         (d) Each local governmental entity that is required to
  435  provide for an audit under s. 218.39(1) must submit a copy of
  436  the audit report and annual financial report to the department
  437  within 45 days after the completion of the audit report but no
  438  later than 9 months after the end of the fiscal year. In
  439  conducting an audit of a local governmental entity pursuant to
  440  s. 218.39, an independent certified public accountant shall
  441  determine whether the entity’s annual financial report is in
  442  agreement with the audited financial statements. If the audited
  443  financial statements are not in agreement with the annual
  444  financial report, the accountant shall specify and explain the
  445  significant differences that exist between the audited financial
  446  statements and the annual financial report.
  447         (2) The department shall annually by December 1 file a
  448  verified report with the Governor, the Legislature, the Auditor
  449  General, and the Special District Accountability Program of the
  450  Department of Economic Opportunity showing the revenues, both
  451  locally derived and derived from intergovernmental transfers,
  452  and the expenditures of each local governmental entity, regional
  453  planning council, local government finance commission, and
  454  municipal power corporation that is required to submit an annual
  455  financial report. In preparing the verified report, the
  456  department may request additional information from the local
  457  governmental entity. The information requested must be provided
  458  to the department within 45 days after the request. If the local
  459  governmental entity does not comply with the request, the
  460  department shall notify the Legislative Auditing Committee,
  461  which may take action pursuant to s. 11.40(2). The report must
  462  include, but is not limited to:
  463         (a) The total revenues and expenditures of each local
  464  governmental entity that is a component unit included in the
  465  annual financial report of the reporting entity.
  466         (b) The amount of outstanding long-term debt by each local
  467  governmental entity. For purposes of this paragraph, the term
  468  “long-term debt” means any agreement or series of agreements to
  469  pay money, which, at inception, contemplate terms of payment
  470  exceeding 1 year in duration.
  471         Section 13. Present subsection (3) of section 218.33,
  472  Florida Statutes, is renumbered as subsection (4), and a new
  473  subsection (3) is added to that section to read:
  474         218.33 Local governmental entities; establishment of
  475  uniform fiscal years and accounting practices and procedures.—
  476         (3)Each local governmental entity shall establish and
  477  maintain internal controls designed to:
  478         (a)Prevent and detect fraud, waste, and abuse as defined
  479  in s. 11.45(1).
  480         (b)Promote and encourage compliance with applicable laws,
  481  rules, contracts, grant agreements, and best practices.
  482         (c)Support economical and efficient operations.
  483         (d)Ensure reliability of financial records and reports.
  484         (e)Safeguard assets.
  485         Section 14. Present subsections (8) through (12) of section
  486  218.39, Florida Statutes, are renumbered as subsections (9)
  487  through (13), respectively, and a new subsection (8) is added to
  488  that section to read:
  489         218.39 Annual financial audit reports.—
  490         (8)If the audit report includes a recommendation that was
  491  included in the preceding financial audit report but remains
  492  unaddressed, the governing body of the audited entity, within 60
  493  days after the delivery of the audit report to the governing
  494  body, shall indicate during a regularly scheduled public meeting
  495  whether it intends to take corrective action, the intended
  496  corrective action, and the timeframe for the corrective action.
  497  If the governing body indicates that it does not intend to take
  498  corrective action, it must explain its decision at the public
  499  meeting.
  500         Section 15. Subsection (2) of section 218.391, Florida
  501  Statutes, is amended to read:
  502         218.391 Auditor selection procedures.—
  503         (2) The governing body of a charter county, municipality,
  504  special district, district school board, charter school, or
  505  charter technical career center shall establish an audit
  506  committee.
  507         (a)The audit committee for a county Each noncharter county
  508  shall establish an audit committee that, at a minimum, shall
  509  consist of each of the county officers elected pursuant to the
  510  county charter or s. 1(d), Art. VIII of the State Constitution,
  511  or their respective designees a designee, and one member of the
  512  board of county commissioners or its designee.
  513         (b)The audit committee for a municipality, special
  514  district, district school board, charter school, or charter
  515  technical career center shall consist of at least three members.
  516  One member of the audit committee must be a member of the
  517  governing body of an entity specified in this paragraph, who
  518  shall also serve as the chair of the committee.
  519         (c)An employee, the chief executive officer, or the chief
  520  financial officer of the county, municipality, special district,
  521  district school board, charter school, or charter technical
  522  career center may not serve as a member of an audit committee
  523  established under this subsection.
  524         (d) The primary purpose of the audit committee is to assist
  525  the governing body in selecting an auditor to conduct the annual
  526  financial audit required in s. 218.39; however, the audit
  527  committee may serve other audit oversight purposes as determined
  528  by the entity’s governing body. The public may shall not be
  529  excluded from the proceedings under this section.
  530         Section 16. Subsection (2) of section 286.0114, Florida
  531  Statutes, is amended to read:
  532         286.0114 Public meetings; reasonable opportunity to be
  533  heard; attorney fees.—
  534         (2) Members of the public shall be given a reasonable
  535  opportunity to be heard on a proposition before a board or
  536  commission. The opportunity to be heard need not occur at the
  537  same meeting at which the board or commission takes official
  538  action on the proposition if the opportunity occurs at a meeting
  539  that is during the decisionmaking process and is within
  540  reasonable proximity in time before the meeting at which the
  541  board or commission takes the official action. A board or
  542  commission may not require a member of the public to provide an
  543  advance written copy of his or her testimony or comments as a
  544  condition of being given the opportunity to be heard at a
  545  meeting. This section does not prohibit a board or commission
  546  from maintaining orderly conduct or proper decorum in a public
  547  meeting. The opportunity to be heard is subject to rules or
  548  policies adopted by the board or commission, as provided in
  549  subsection (4).
  550         Section 17. Paragraph (e) of subsection (4), paragraph (d)
  551  of subsection (5), and paragraph (d) of subsection (6) of
  552  section 373.536, Florida Statutes, are amended to read:
  553         373.536 District budget and hearing thereon.—
  554         (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
  555         (e) By September 1, 2012, Each district shall provide a
  556  monthly financial statement in the form and manner prescribed by
  557  the Department of Financial Services to the district’s governing
  558  board and make such monthly financial statement available for
  559  public access on its website.
  560         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
  561  APPROVAL.—
  562         (d) Each district shall, by August 1 of each year, submit
  563  for review a tentative budget and a description of any
  564  significant changes from the preliminary budget submitted to the
  565  Legislature pursuant to s. 373.535 to the Governor, the
  566  President of the Senate, the Speaker of the House of
  567  Representatives, the chairs of all legislative committees and
  568  subcommittees having substantive or fiscal jurisdiction over
  569  water management districts, as determined by the President of
  570  the Senate or the Speaker of the House of Representatives, as
  571  applicable, the secretary of the department, and the governing
  572  body of each county in which the district has jurisdiction or
  573  derives any funds for the operations of the district. The
  574  tentative budget must be posted on the district’s official
  575  website at least 2 days before budget hearings held pursuant to
  576  s. 200.065 or other law and must remain on the website for at
  577  least 45 days.
  578         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
  579  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
  580         (d) The final adopted budget must be posted on the water
  581  management district’s official website within 30 days after
  582  adoption and must remain on the website for at least 2 years.
  583         Section 18. Paragraph (l) of subsection (12) of section
  584  1001.42, Florida Statutes, is amended to read:
  585         1001.42 Powers and duties of district school board.—The
  586  district school board, acting as a board, shall exercise all
  587  powers and perform all duties listed below:
  588         (12) FINANCE.—Take steps to assure students adequate
  589  educational facilities through the financial procedure
  590  authorized in chapters 1010 and 1011 and as prescribed below:
  591         (l) Internal auditor.—May employ an internal auditor to
  592  perform ongoing financial verification of the financial records
  593  of the school district and such other audits and reviews as the
  594  district school board directs for the purpose of determining:
  595         1.The adequacy of internal controls designed to prevent
  596  and detect fraud, waste, and abuse as defined in s. 11.45(1).
  597         2.Compliance with applicable laws, rules, contracts, grant
  598  agreements, district school board-approved policies, and best
  599  practices.
  600         3.The efficiency of operations.
  601         4.The reliability of financial records and reports.
  602         5.The safeguarding of assets.
  603  
  604  The internal auditor shall report directly to the district
  605  school board or its designee.
  606         Section 19. Paragraph (j) of subsection (9) of section
  607  1002.33, Florida Statutes, is amended to read:
  608         1002.33 Charter schools.—
  609         (9) CHARTER SCHOOL REQUIREMENTS.—
  610         (j) The governing body of the charter school shall be
  611  responsible for:
  612         1.Establishing and maintaining internal controls designed
  613  to:
  614         a.Prevent and detect fraud, waste, and abuse as defined in
  615  s. 11.45(1).
  616         b.Promote and encourage compliance with applicable laws,
  617  rules, contracts, grant agreements, and best practices.
  618         c.Support economical and efficient operations.
  619         d.Ensure reliability of financial records and reports.
  620         e.Safeguard assets.
  621         2.1. Ensuring that the charter school has retained the
  622  services of a certified public accountant or auditor for the
  623  annual financial audit, pursuant to s. 1002.345(2), who shall
  624  submit the report to the governing body.
  625         3.2. Reviewing and approving the audit report, including
  626  audit findings and recommendations for the financial recovery
  627  plan.
  628         4.a.3.a. Performing the duties in s. 1002.345, including
  629  monitoring a corrective action plan.
  630         b. Monitoring a financial recovery plan in order to ensure
  631  compliance.
  632         5.4. Participating in governance training approved by the
  633  department which must include government in the sunshine,
  634  conflicts of interest, ethics, and financial responsibility.
  635         Section 20. Present subsections (6) through (10) of section
  636  1002.37, Florida Statutes, are renumbered as subsections (7)
  637  through (11), respectively, a new subsection (6) is added to
  638  that section, and present subsections (6) and (11) of that
  639  section are amended, to read:
  640         1002.37 The Florida Virtual School.—
  641         (6)The Florida Virtual School shall have an annual
  642  financial audit of its accounts and records conducted by an
  643  independent auditor who is a certified public accountant
  644  licensed under chapter 473. The independent auditor shall
  645  conduct the audit in accordance with rules adopted by the
  646  Auditor General pursuant to s. 11.45 and, upon completion of the
  647  audit, shall prepare an audit report in accordance with such
  648  rules. The audit report must include a written statement by the
  649  board of trustees describing corrective action to be taken in
  650  response to each of the recommendations of the independent
  651  auditor included in the audit report. The independent auditor
  652  shall submit the audit report to the board of trustees and the
  653  Auditor General no later than 9 months after the end of the
  654  preceding fiscal year.
  655         (7)(6) The board of trustees shall annually submit to the
  656  Governor, the Legislature, the Commissioner of Education, and
  657  the State Board of Education the audit report prepared pursuant
  658  to subsection (6) and a complete and detailed report setting
  659  forth:
  660         (a) The operations and accomplishments of the Florida
  661  Virtual School within the state and those occurring outside the
  662  state as Florida Virtual School Global.
  663         (b) The marketing and operational plan for the Florida
  664  Virtual School and Florida Virtual School Global, including
  665  recommendations regarding methods for improving the delivery of
  666  education through the Internet and other distance learning
  667  technology.
  668         (c) The assets and liabilities of the Florida Virtual
  669  School and Florida Virtual School Global at the end of the
  670  fiscal year.
  671         (d)A copy of an annual financial audit of the accounts and
  672  records of the Florida Virtual School and Florida Virtual School
  673  Global, conducted by an independent certified public accountant
  674  and performed in accordance with rules adopted by the Auditor
  675  General.
  676         (d)(e) Recommendations regarding the unit cost of providing
  677  services to students through the Florida Virtual School and
  678  Florida Virtual School Global. In order to most effectively
  679  develop public policy regarding any future funding of the
  680  Florida Virtual School, it is imperative that the cost of the
  681  program is accurately identified. The identified cost of the
  682  program must be based on reliable data.
  683         (e)(f) Recommendations regarding an accountability
  684  mechanism to assess the effectiveness of the services provided
  685  by the Florida Virtual School and Florida Virtual School Global.
  686         (11)The Auditor General shall conduct an operational audit
  687  of the Florida Virtual School, including Florida Virtual School
  688  Global. The scope of the audit shall include, but not be limited
  689  to, the administration of responsibilities relating to
  690  personnel; procurement and contracting; revenue production;
  691  school funds, including internal funds; student enrollment
  692  records; franchise agreements; information technology
  693  utilization, assets, and security; performance measures and
  694  standards; and accountability. The final report on the audit
  695  shall be submitted to the President of the Senate and the
  696  Speaker of the House of Representatives no later than January
  697  31, 2014.
  698         Section 21. Subsection (5) is added to section 1010.01,
  699  Florida Statutes, to read:
  700         1010.01 Uniform records and accounts.—
  701         (5)Each school district, Florida College System
  702  institution, and state university shall establish and maintain
  703  internal controls designed to:
  704         (a)Prevent and detect fraud, waste, and abuse as defined
  705  in s. 11.45(1).
  706         (b)Promote and encourage compliance with applicable laws,
  707  rules, contracts, grant agreements, and best practices.
  708         (c)Support economical and efficient operations.
  709         (d)Ensure reliability of financial records and reports.
  710         (e)Safeguard assets.
  711         Section 22. Subsection (2) of section 1010.30, Florida
  712  Statutes, is amended to read:
  713         1010.30 Audits required.—
  714         (2) If a school district, Florida College System
  715  institution, or university audit report includes a
  716  recommendation that was included in the preceding financial
  717  audit report but remains unaddressed an audit contains a
  718  significant finding, the district school board, the Florida
  719  College System institution board of trustees, or the university
  720  board of trustees, within 60 days after the delivery of the
  721  audit report to the school district, Florida College System
  722  institution, or university, shall indicate conduct an audit
  723  overview during a regularly scheduled public meeting whether it
  724  intends to take corrective action, the intended corrective
  725  action, and the timeframe for the corrective action. If the
  726  district school board, Florida College System institution board
  727  of trustees, or university board of trustees indicates that it
  728  does not intend to take corrective action, it shall explain its
  729  decision at the public meeting.
  730         Section 23. Subsection (3) of section 218.503, Florida
  731  Statutes, is amended to read:
  732         218.503 Determination of financial emergency.—
  733         (3) Upon notification that one or more of the conditions in
  734  subsection (1) have occurred or will occur if action is not
  735  taken to assist the local governmental entity or district school
  736  board, the Governor or his or her designee shall contact the
  737  local governmental entity or the Commissioner of Education or
  738  his or her designee shall contact the district school board, as
  739  appropriate, to determine what actions have been taken by the
  740  local governmental entity or the district school board to
  741  resolve or prevent the condition. The information requested must
  742  be provided within 45 days after the date of the request. If the
  743  local governmental entity or the district school board does not
  744  comply with the request, the Governor or his or her designee or
  745  the Commissioner of Education or his or her designee shall
  746  notify the members of the Legislative Auditing Committee, which
  747  who may take action pursuant to s. 11.40(2) 11.40. The Governor
  748  or the Commissioner of Education, as appropriate, shall
  749  determine whether the local governmental entity or the district
  750  school board needs state assistance to resolve or prevent the
  751  condition. If state assistance is needed, the local governmental
  752  entity or district school board is considered to be in a state
  753  of financial emergency. The Governor or the Commissioner of
  754  Education, as appropriate, has the authority to implement
  755  measures as set forth in ss. 218.50-218.504 to assist the local
  756  governmental entity or district school board in resolving the
  757  financial emergency. Such measures may include, but are not
  758  limited to:
  759         (a) Requiring approval of the local governmental entity’s
  760  budget by the Governor or approval of the district school
  761  board’s budget by the Commissioner of Education.
  762         (b) Authorizing a state loan to a local governmental entity
  763  and providing for repayment of same.
  764         (c) Prohibiting a local governmental entity or district
  765  school board from issuing bonds, notes, certificates of
  766  indebtedness, or any other form of debt until such time as it is
  767  no longer subject to this section.
  768         (d) Making such inspections and reviews of records,
  769  information, reports, and assets of the local governmental
  770  entity or district school board as are needed. The appropriate
  771  local officials shall cooperate in such inspections and reviews.
  772         (e) Consulting with officials and auditors of the local
  773  governmental entity or the district school board and the
  774  appropriate state officials regarding any steps necessary to
  775  bring the books of account, accounting systems, financial
  776  procedures, and reports into compliance with state requirements.
  777         (f) Providing technical assistance to the local
  778  governmental entity or the district school board.
  779         (g)1. Establishing a financial emergency board to oversee
  780  the activities of the local governmental entity or the district
  781  school board. If a financial emergency board is established for
  782  a local governmental entity, the Governor shall appoint board
  783  members and select a chair. If a financial emergency board is
  784  established for a district school board, the State Board of
  785  Education shall appoint board members and select a chair. The
  786  financial emergency board shall adopt such rules as are
  787  necessary for conducting board business. The board may:
  788         a. Make such reviews of records, reports, and assets of the
  789  local governmental entity or the district school board as are
  790  needed.
  791         b. Consult with officials and auditors of the local
  792  governmental entity or the district school board and the
  793  appropriate state officials regarding any steps necessary to
  794  bring the books of account, accounting systems, financial
  795  procedures, and reports of the local governmental entity or the
  796  district school board into compliance with state requirements.
  797         c. Review the operations, management, efficiency,
  798  productivity, and financing of functions and operations of the
  799  local governmental entity or the district school board.
  800         d. Consult with other governmental entities for the
  801  consolidation of all administrative direction and support
  802  services, including, but not limited to, services for asset
  803  sales, economic and community development, building inspections,
  804  parks and recreation, facilities management, engineering and
  805  construction, insurance coverage, risk management, planning and
  806  zoning, information systems, fleet management, and purchasing.
  807         2. The recommendations and reports made by the financial
  808  emergency board must be submitted to the Governor for local
  809  governmental entities or to the Commissioner of Education and
  810  the State Board of Education for district school boards for
  811  appropriate action.
  812         (h) Requiring and approving a plan, to be prepared by
  813  officials of the local governmental entity or the district
  814  school board in consultation with the appropriate state
  815  officials, prescribing actions that will cause the local
  816  governmental entity or district school board to no longer be
  817  subject to this section. The plan must include, but need not be
  818  limited to:
  819         1. Provision for payment in full of obligations outlined in
  820  subsection (1), designated as priority items, which are
  821  currently due or will come due.
  822         2. Establishment of priority budgeting or zero-based
  823  budgeting in order to eliminate items that are not affordable.
  824         3. The prohibition of a level of operations which can be
  825  sustained only with nonrecurring revenues.
  826         4. Provisions implementing the consolidation, sourcing, or
  827  discontinuance of all administrative direction and support
  828  services, including, but not limited to, services for asset
  829  sales, economic and community development, building inspections,
  830  parks and recreation, facilities management, engineering and
  831  construction, insurance coverage, risk management, planning and
  832  zoning, information systems, fleet management, and purchasing.
  833         Section 24. Subsection (2) of section 1002.455, Florida
  834  Statutes, is amended to read:
  835         1002.455 Student eligibility for K-12 virtual instruction.—
  836         (2) A student is eligible to participate in virtual
  837  instruction if:
  838         (a) The student spent the prior school year in attendance
  839  at a public school in the state and was enrolled and reported by
  840  the school district for funding during October and February for
  841  purposes of the Florida Education Finance Program surveys;
  842         (b) The student is a dependent child of a member of the
  843  United States Armed Forces who was transferred within the last
  844  12 months to this state from another state or from a foreign
  845  country pursuant to a permanent change of station order;
  846         (c) The student was enrolled during the prior school year
  847  in a virtual instruction program under s. 1002.45 or a full-time
  848  Florida Virtual School program under s. 1002.37(9)(a)
  849  1002.37(8)(a);
  850         (d) The student has a sibling who is currently enrolled in
  851  a virtual instruction program and the sibling was enrolled in
  852  that program at the end of the prior school year;
  853         (e) The student is eligible to enter kindergarten or first
  854  grade; or
  855         (f) The student is eligible to enter grades 2 through 5 and
  856  is enrolled full-time in a school district virtual instruction
  857  program, virtual charter school, or the Florida Virtual School.
  858         Section 25. The Legislature finds that a proper and
  859  legitimate state purpose is served when internal controls are
  860  established to prevent and detect fraud, waste, and abuse and to
  861  safeguard and account for government funds and property.
  862  Therefore, the Legislature determines and declares that this act
  863  fulfills an important state interest.
  864         Section 26. This act shall take effect July 1, 2017.
  865  
  866  ================= T I T L E  A M E N D M E N T ================
  867  And the title is amended as follows:
  868         Delete everything before the enacting clause
  869  and insert:
  870                        A bill to be entitled                      
  871         An act relating to government accountability; amending
  872         s. 11.40, F.S.; specifying that the Governor, the
  873         Commissioner of Education, or the designee of the
  874         Governor or of the commissioner may notify the
  875         Legislative Auditing Committee of an entity’s failure
  876         to comply with certain auditing and financial
  877         reporting requirements; amending s. 11.45, F.S.;
  878         defining the terms “abuse,” “fraud,” and “waste”;
  879         revising the definition of the term “local
  880         governmental entity”; excluding water management
  881         districts from certain audit requirements; removing a
  882         cross-reference; authorizing the Auditor General to
  883         conduct audits of tourist development councils and
  884         county tourism promotion agencies; revising reporting
  885         requirements applicable to the Auditor General;
  886         amending s. 28.35, F.S.; revising reporting
  887         requirements applicable to the Florida Clerks of Court
  888         Operations Corporation; amending s. 43.16, F.S.;
  889         revising the responsibilities of the Justice
  890         Administrative Commission, each state attorney, each
  891         public defender, the criminal conflict and civil
  892         regional counsel, the capital collateral regional
  893         counsel, and the Guardian Ad Litem Program, to include
  894         the establishment and maintenance of certain internal
  895         controls; amending s. 112.061, F.S.; revising certain
  896         lodging rates for the purpose of reimbursement to
  897         specified employees; authorizing an employee to expend
  898         his or her funds for certain lodging expenses;
  899         amending ss. 129.03, 129.06, and 166.241, F.S.;
  900         requiring counties and municipalities to maintain
  901         certain budget documents on the entities’ websites for
  902         a specified period; amending s. 215.86, F.S.; revising
  903         the purposes for which management systems and internal
  904         controls must be established and maintained by each
  905         state agency and the judicial branch; amending s.
  906         215.97, F.S.; revising certain audit threshold
  907         requirements; amending s. 215.985, F.S.; revising the
  908         requirements for a monthly financial statement
  909         provided by a water management district; amending s.
  910         218.32, F.S.; revising the requirements for the annual
  911         financial audit report of a local governmental entity;
  912         authorizing the Department of Financial Services to
  913         request additional information from a local
  914         governmental entity; requiring a local governmental
  915         entity to respond to such requests within a specified
  916         timeframe; requiring the department to notify the
  917         Legislative Auditing Committee of noncompliance;
  918         amending s. 218.33, F.S.; requiring local governmental
  919         entities to establish and maintain internal controls
  920         to achieve specified purposes; amending s. 218.39,
  921         F.S.; requiring an audited entity to respond to audit
  922         recommendations under specified circumstances;
  923         amending s. 218.391, F.S.; revising the membership of
  924         the audit committee of certain governing bodies;
  925         prohibiting an audit committee member from being an
  926         employee, a chief executive officer, or a chief
  927         financial officer of the respective governmental
  928         entity; amending s. 286.0114, F.S.; prohibiting a
  929         board or commission from requiring an advance copy of
  930         testimony or comments from a member of the public as a
  931         precondition to being given the opportunity to be
  932         heard at a public meeting; amending s. 373.536, F.S.;
  933         deleting obsolete language; requiring water management
  934         districts to maintain certain budget documents on the
  935         districts’ websites for a specified period; amending
  936         s. 1001.42, F.S.; authorizing additional internal
  937         audits as directed by the district school board;
  938         amending s. 1002.33, F.S.; revising the
  939         responsibilities of the governing board of a charter
  940         school to include the establishment and maintenance of
  941         internal controls; removing obsolete provisions;
  942         amending s. 1002.37, F.S.; requiring completion of an
  943         annual financial audit of the Florida Virtual School;
  944         specifying audit requirements; requiring an audit
  945         report to be submitted to the board of trustees of the
  946         Florida Virtual School and the Auditor General;
  947         deleting obsolete provisions; amending s. 1010.01,
  948         F.S.; requiring each school district, Florida College
  949         System institution, and state university to establish
  950         and maintain certain internal controls; amending s.
  951         1010.30, F.S.; requiring a district school board,
  952         Florida College System institution board of trustees,
  953         or university board of trustees to respond to audit
  954         recommendations under certain circumstances; amending
  955         ss. 218.503 and 1002.455, F.S.; conforming provisions
  956         and cross-references to changes made by the act;
  957         declaring that the act fulfills an important state
  958         interest; providing an effective date.