House Bill 3835

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    Florida House of Representatives - 1998                HB 3835

        By Representatives Tamargo, Littlefield, Crist, Ogles,
    Bradley, Culp, Byrd, Wallace, Miller, Safley and Murman





  1                      A bill to be entitled

  2         An act relating to the Hillsborough County

  3         Public Transportation Commission; amending

  4         chapter 94-408, Laws of Florida, as amended;

  5         adding mandatory components of performance

  6         audits; clarifying requirements for contracting

  7         for performance audits; providing an effective

  8         date.

  9

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

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12         Section 1.  Section 1 of chapter 94-408, Laws of

13  Florida, as amended by section 1 of chapter 96-515, Laws of

14  Florida, is amended to read:

15         Section 1.  The Hillsborough County Public

16  Transportation Commission, ("the Commission") as created by

17  chapter 83-423, Laws of Florida, as amended, is shall be

18  subject to a performance audit every 4 years, with the first

19  such audit to be completed by April 30, 1998, as follows:

20         (1)  For purposes of this act, the performance audit,

21  which shall be conducted in accordance with Government

22  Auditing Standards as promulgated by the United States

23  Comptroller General, shall contain the following components:

24         (a)  An appraisal of management performance, including

25  the effectiveness of administration and the efficiency and

26  adequacy of the program the entity is authorized by law to

27  perform;

28         (b)  An assessment of adherence to general and special

29  law and any rules promulgated thereunder;

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  1         (c)  Recommendations for changes required in general or

  2  special law which, if enacted, would enhance the efficiency

  3  and effectiveness of the program;

  4         (d)  An examination and evaluation of alternative

  5  methods of providing program services or products more

  6  efficiently and effectively;

  7         (e)  The adequacy of operating controls and operating

  8  procedures;

  9         (f)  An assessment of relations with employees and the

10  public generally; and

11         (g)  An assessment of financial impact, if any, of any

12  of the recommendations contained in the final audit report;

13         (h)  An assessment of progress made on the most recent

14  previous performance audit recommendations, if any; and

15         (i)(g)  A copy of the response received pursuant to

16  subparagraph (3)(b)3.

17         (2)  The audit may not be performed by any agency of

18  state or local government, with the exception of the Auditor

19  General of the State of Florida as provided by general law.

20  However, nothing in this act shall be construed to prohibit

21  other audits authorized by law.

22         (3)(a)  In contracting for the audit, the governing

23  board of the Commission shall utilize standard procedures for

24  any public body when contracting for professional services,

25  including, but not limited to:

26         1.  Public notice which must include a general

27  description of the audit and must indicate how interested

28  firms or individuals can apply for consideration, including a

29  requirement that any such applicant must provide a statement

30  of qualifications and performance data; announcement, in a

31  uniform and consistent manner, when auditing services are

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  1  required to be purchased, a general description of the audit,

  2  and an indication of how interested parties may apply for

  3  consideration;

  4         2.  Adoption of procedures for the evaluation of

  5  professional auditing services, including, but not limited to,

  6  capabilities; adequacy and ability of professional personnel;

  7  past record; audit and other experience of the firm or

  8  responsible individual, including a statement that such firm

  9  or individual has met the required continuing professional

10  educational requirements as prescribed by the Florida

11  Department of Business and Professional Regulation, Board of

12  Accountancy; results of its most recent external quality

13  control review; basis for fees; ability to meet time

14  requirements; and such other factors as may be determined by

15  the Hillsborough County Public Transportation Commission to be

16  applicable to its particular requirements; and

17         3.  Making a finding that the firm or individual to be

18  employed is fully qualified pursuant to the law and adopted

19  evaluation procedures.

20         (b)  The contract shall be evidenced by a written

21  document embodying all provisions and conditions of the

22  procurement of such services, which shall include, but shall

23  not be limited to:

24         1.  A provision that bills for fees or other

25  compensation for services or expenses be submitted in detail

26  with supporting documentation sufficient for a proper preaudit

27  and postaudit thereof;

28         2.  A provision that bills for any travel and per diem

29  expenses be submitted in accordance with s. 112.061, Florida

30  Statutes;

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  1         3.  A provision that, at the conclusion of the audit,

  2  the entity conducting the audit shall discuss the audit with

  3  the chairman of the Commission and submit to that person

  4  preliminary audit findings, including relevant supporting

  5  documentation, if requested which may be included in the final

  6  audit report.  If the chairman is not available for receipt of

  7  the audit findings, with any adverse findings clearly

  8  designated as such, then delivery thereof is presumed to be

  9  made when it is delivered to the Commission's executive

10  office.  The chairman shall submit to the entity conducting

11  the audit, within 60 days of receipt of the preliminary

12  findings, his written response concerning all such findings,

13  including corrective action to be taken to preclude a

14  recurrence of any adverse findings.  Thereafter, a final audit

15  report shall be issued which shall include the chairman's

16  response and any rebuttal thereto by the entity conducting the

17  audit;

18         4.  A provision that those workpapers necessary to

19  support the conclusions in the final audit report shall be

20  retained by the entity conducting the audit for a period of 2

21  years following delivery of the final audit and shall be made

22  available to the Commission upon a vote of the majority of the

23  governing board of the Commission.  The audit report, when

24  final, shall be retained by the Commission pursuant to chapter

25  119, Florida Statutes; and

26         5.  A provision that, upon completion of the audit,

27  sufficient copies shall be filed with the Office of the

28  Hillsborough County Legislative Delegation for distribution to

29  members of the delegation and that sufficient copies be

30  provided to the Commission to meet anticipated public demand

31  for copies of such audit.

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  1         (4)  Funds shall be appropriated by the Hillsborough

  2  County Public Transportation Commission for payment of costs

  3  incurred in connection with such audit.

  4         Section 2.  Section 2 of chapter 94-408, Laws of

  5  Florida, is amended to read:

  6         Section 2.  One year from the date of the final audit

  7  report, the chairman of the Commission shall submit to the

  8  Office of the Hillsborough County Legislative Delegation a

  9  written statement of the status of recommendations and

10  responses contained in the audit report.

11         Section 3.  This act shall take effect upon becoming a

12  law.

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