House Bill 3845er

CODING: Words stricken are deletions; words underlined are additions.





    ENROLLED

    1998 Legislature                                       HB 3845



  1

  2         An act relating to the Hillsborough County

  3         Aviation Authority; amending chapter 94-412,

  4         Laws of Florida, as amended; adding mandatory

  5         components of performance audits; clarifying

  6         requirements for contracting for performance

  7         audits; providing an effective date.

  8

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

10

11         Section 1.  Section 1 of chapter 94-412, Laws of

12  Florida, as amended by section 1 of chapter 96-516, Laws of

13  Florida, is amended to read:

14         Section 1.  The Hillsborough County Aviation Authority,

15  ("the Authority") as created by chapter 83-424, Laws of

16  Florida, as amended, is shall be subject to a performance

17  audit every 4 years, with the first such audit to be completed

18  by April 30, 1998, as follows:

19         (1)(a)  For purposes of this act, the performance

20  audit, which shall be conducted in accordance with Government

21  Auditing Standards as promulgated by the United States

22  Comptroller General, shall contain the following components:

23         1.  An appraisal of management performance, including

24  the effectiveness of administration and the efficiency and

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

26  perform;

27         2.  An assessment of adherence to general and special

28  law and any rules promulgated thereunder;

29         3.  Recommendations for changes required in general or

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

31  and effectiveness of the program;


                                  1

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 3845



  1         4.  An examination and evaluation of alternative

  2  methods of providing program services or products more

  3  efficiently and effectively;

  4         5.  The adequacy of operating controls and operating

  5  procedures;

  6         6.  An assessment of relations with employees and the

  7  public generally; and

  8         7.  An assessment of financial impact, if any, of any

  9  of the recommendations contained in the final audit report;

10         8.  An assessment of progress made on the most recent

11  previous performance audit recommendations, if any; and

12         9.7.  A copy of the response received pursuant to

13  subparagraph (3)(b)3.

14         (b)  The performance audit may in no way impair the

15  covenant made by the State of Florida in section 3.12 of

16  chapter 83-424, Laws of Florida.

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 Authority 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


                                  2

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 3845



  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 Aviation Authority to be applicable to

16  its particular requirements; and

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

18  employed is fully qualified pursuant to law and the 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;

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 3845



  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 Authority 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 Authority's executive office.

10  The chairman shall submit to the entity conducting the audit,

11  within 60 days of receipt of the preliminary findings, his

12  written response concerning all such findings, including

13  corrective action to be taken to preclude a recurrence of any

14  adverse findings.  Thereafter, a final audit report shall be

15  issued which shall include the chairman's response and any

16  rebuttal thereto by the entity conducting the audit;

17         4.  A provision that those workpapers necessary to

18  support the conclusions in the final audit report shall be

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

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

21  available to the Authority upon a vote of the majority of the

22  governing board of the Authority.  The audit report, when

23  final, shall be retained by the Authority pursuant to chapter

24  119, Florida Statutes; and

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

26  sufficient copies shall be filed with the Office of the

27  Hillsborough County Legislative Delegation for distribution to

28  members of the delegation and that sufficient copies be

29  provided to the Authority to meet anticipated public demand

30  for copies of such audit.

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1998 Legislature                                       HB 3845



  1         (4)  Funds shall be appropriated by the Hillsborough

  2  County Aviation Authority for payment of costs incurred in

  3  connection with such audit.

  4         Section 2.  Section 2 of chapter 94-412, 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 Authority 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.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  5