House Bill 3841er

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    1998 Legislature                                       HB 3841



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  2         An act relating to the Hillsborough County

  3         City-County Planning Commission; amending

  4         chapter 97-351, Laws of Florida; adding

  5         mandatory components of performance audits;

  6         clarifying requirements for contracting for

  7         performance audits; providing an effective

  8         date.

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

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12         Section 1.  Section 7 of chapter 97-351, Laws of

13  Florida, is amended to read:

14         Section 7.  Performance audits required.--The

15  commission is subject to a performance audit every 4 years,

16  with the first of such audits having been completed April 30,

17  1996, as follows:

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

19  which shall be conducted in accordance with Government

20  Auditing Standards as promulgated by the United States

21  Comptroller General, shall contain the following components:

22         (a)  An appraisal of management performance, including

23  the effectiveness of administration and the efficiency and

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

25  perform.

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

27  law and any rules promulgated thereunder.

28         (c)  Recommendations for changes required in general or

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

30  and effectiveness of the program.

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  1         (d)  An examination and evaluation of alternative

  2  methods of providing program services or products more

  3  efficiently and effectively.

  4         (e)  The adequacy of operating controls and operating

  5  procedures.

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

  7  public generally.

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

  9  of the recommendations contained in the final audit report.

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

11  previous performance audit recommendations, if any.

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

13  subparagraph (3)(b)3.

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

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

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

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

18  other audits authorized by law.

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

20  board of the commission shall utilize standard procedures for

21  any public body when contracting for professional services,

22  including, but not limited to:

23         1.  Public notice which must include a general

24  description of the audit and must indicate how interested

25  firms or individuals can apply for consideration, including a

26  requirement that any such applicant must provide a statement

27  of qualifications and performance data. announcement, in a

28  uniform and consistent manner, when auditing services are

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

30  and an indication of how interested parties may apply for

31  consideration;


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  1         2.  Adoption of procedures for the evaluation of

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

  3  capabilities; adequacy and ability of professional personnel;

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

  5  responsible individual, including a statement that such firm

  6  or individual has met the required continuing professional

  7  educational requirements as prescribed by the Florida

  8  Department of Business and Professional Regulation, Board of

  9  Accountancy; results of its most recent external quality

10  control review basis for fees; ability to meet time

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

12  the commission to be applicable to its particular

13  requirements.

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

15  employed is fully qualified pursuant to law and the adopted

16  evaluation procedures.

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

18  document embodying all provisions and conditions of the

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

20  not be limited to:

21         1.  A provision that bills for fees or other

22  compensation for services or expenses be submitted in detail

23  with supporting documentation sufficient for a proper preaudit

24  and postaudit thereof.

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

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

27  Statutes.

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

29  the entity conducting the audit shall discuss the audit with

30  the chair of the commission, and submit to that person

31  preliminary audit findings, including relevant supporting


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    1998 Legislature                                       HB 3841



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

  2  audit report.  If the chair is not available for receipt of

  3  the audit findings, with any adverse findings clearly

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

  5  made when it is delivered to the commission's executive

  6  office.  The chair shall submit to the entity conducting the

  7  audit, within 60 days of receipt of the preliminary findings,

  8  his or her written response concerning all such findings,

  9  including corrective action to be taken to preclude a

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

11  report shall be issued which shall include the chair's

12  response and any rebuttal thereto by the entity conducting the

13  audit.

14         4.  A provision that those workpapers necessary to

15  support the conclusions in the final audit report shall be

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

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

18  available to the commission upon a vote of the majority of the

19  governing board of the commission.  The audit report, when

20  final, shall be retained by the commission pursuant to chapter

21  119, Florida Statutes.

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

23  sufficient copies shall be filed with the Office of the

24  Hillsborough County Legislative Delegation for distribution to

25  members of the delegation and that sufficient copies be

26  provided to the commission to meet anticipated public demand

27  for copies of such audit.

28         (c)  In the event the audit is to be paid for by the

29  Board of County Commissioners of Hillsborough County as

30  provided herein, the contract document may not be executed

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  1  without the advice and consent of the board, although the

  2  board may not unreasonably withhold confirmation.

  3         (4)  Funds shall be appropriated by the Board of County

  4  Commissioners of Hillsborough County for payment of costs

  5  incurred in connection with such audit.  The commission shall

  6  request the estimated funding required for the audit in

  7  accordance with county budgeting procedures in a manner that

  8  will assure funds will be appropriated for that purpose during

  9  the fiscal year in which the audit is to be completed.

10         (5)  In the event the Hillsborough County Board of

11  County Commissioners has ordered a performance audit pursuant

12  to general law by any appropriately qualified entity not a

13  part of county government which was completed within 2 years

14  prior to April 30 of the year the performance audit herein is

15  to be completed, or which will be completed within 3 months

16  after April 30 of the year the performance audit herein is to

17  be completed, and the audit contains the mandatory components

18  contained in subsection (1), that audit may be used to fulfill

19  the requirement for the performance audit.  In the event an

20  audit so ordered is to be submitted to fulfill the

21  requirements of this act and will be completed after the April

22  30 deadline, the commission shall notify the Office of the

23  Hillsborough County Legislative Delegation by April 30 that

24  the audit will be so delayed, the reason for the delay, and

25  the date it will be delivered, which date shall not be later

26  than July 31 in the year in which the audit is due.

27         (6)  One year from the date of the final audit report,

28  the chair of the commission shall submit to the Office of the

29  Hillsborough County Legislative Delegation a written statement

30  of the status of recommendations and responses contained in

31  the audit report.


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    1998 Legislature                                       HB 3841



  1         Section 2.  This act shall take effect upon becoming a

  2  law.

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