House Bill 1825

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    Florida House of Representatives - 1999                HB 1825

        By Representatives C. Smith, Roberts, Logan, Bradley,
    Eggelletion, Turnbull and Gay





  1                      A bill to be entitled

  2         An act relating to local government; creating

  3         s. 163.055, F.S.; creating the Local Government

  4         Financial Technical Assistance Program;

  5         providing legislative findings and declaration;

  6         requiring the Comptroller to enter into certain

  7         contracts; providing for review of contract

  8         proposals; providing for fiscal oversight by

  9         the Comptroller; providing for an annual

10         performance review; providing for a report;

11         providing an effective date.

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

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15         Section 1.  Section 163.055, Florida Statutes, is

16  created to read:

17         163.055  Local Government Financial Technical

18  Assistance Program.--

19         (1)  Among municipalities and special districts, the

20  Legislature finds that:

21         (a)  Florida is a state comprised of 400 municipalities

22  and almost 1,000 special districts statewide.

23         (b)  Of the 400 municipalities in the state, over 200

24  have a population under 5,000.

25         (c)  Projected revenue and expenditure trends of many

26  small municipalities and special districts indicate that a

27  serious fiscal condition has developed that could require a

28  number of municipalities and special districts to declare

29  financial emergencies.

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    Florida House of Representatives - 1999                HB 1825

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  1         (d)  State and federal mandates will continue to place

  2  additional funding demands on all municipalities and special

  3  districts.

  4         (e)  Millions of dollars are lost every year as many

  5  primarily small local governments experience financial

  6  deterioration and many of those ultimately fall into financial

  7  emergency status.

  8         (f)  State government lacks the specific technical

  9  expertise or resources to effectively perform ongoing

10  educational support and financial emergency detection or

11  assistance.

12         (2)  Recognizing the findings in subsection (1), the

13  Legislature declares that:

14         (a)  The fiscal emergencies confronting various

15  municipalities and special districts require an investment

16  that will facilitate efforts to improve the productivity and

17  efficiency of their financial structures and operating

18  procedures.

19         (b)  Current and additional revenue enhancements

20  authorized by the Legislature should be managed and

21  administered using appropriate management practices and

22  expertise.

23         (3)  The purpose of this section is to provide

24  technical assistance to municipalities and special districts

25  to enable them to implement workable solutions to financially

26  related problems.

27         (4)  The Comptroller shall enter into contracts with

28  program providers who shall:

29         (a)  Be a public agency or private, nonprofit

30  corporation, association, or entity.

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  1         (b)  Use existing resources, services, and information

  2  that are available from state or local agencies, universities,

  3  or the private sector.

  4         (c)  Seek and accept funding from any public or private

  5  source.

  6         (d)  Annually submit information to assist the

  7  Legislative Committee on Intergovernmental Relations in

  8  preparing a performance review that will include an analysis

  9  of the effectiveness of the program.

10         (e)  Assist municipalities and special districts in

11  developing alternative revenue sources.

12         (f)  Provide for an annual independent financial audit

13  of the program.

14         (g)  Provide assistance to municipalities and special

15  districts in the areas of financial management, accounting,

16  investing, budgeting, and debt issuance.

17         (h)  Develop a needs assessment to determine where

18  assistance should be targeted, and to establish a priority

19  system to deliver assistance to those jurisdictions most in

20  need through the most economical means available.

21         (i)  Provide financial emergency assistance upon

22  direction from the Office of the Governor pursuant to s.

23  218.503.

24         (5)(a)  The Comptroller shall issue a request for

25  proposals to provide assistance to municipalities and special

26  districts.  At the request of the Comptroller, the Legislative

27  Committee on Intergovernmental Relations shall assist in the

28  preparation of the request for proposals.

29         (b)  The Comptroller shall review each contract

30  proposal submitted.

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  1         (c)  The Legislative Committee on Intergovernmental

  2  Relations shall review each contract proposal and submit to

  3  the Comptroller, in writing, advisory comments and

  4  recommendations, citing with specificity the reasons for its

  5  recommendations.

  6         (d)  The Comptroller and the council shall consider the

  7  following factors in reviewing contract proposals:

  8         1.  The demonstrated capacity of the provider to

  9  conduct needs assessments and implement the program as

10  proposed.

11         2.  The number of municipalities and special districts

12  to be served under the proposal.

13         3.  The cost of the program as specified in a proposed

14  budget.

15         4.  The short-term and long-term benefits of the

16  assistance to municipalities and special districts.

17         5.  The form and extent to which existing resources,

18  services, and information that are available from state and

19  local agencies, universities, and the private sector will be

20  used by the provider under the contract.

21         (6)  A decision of the Comptroller to award a contract

22  under this section is final and shall be in writing with a

23  copy provided to the Legislative Committee on

24  Intergovernmental Relations.

25         (7)  The Comptroller may enter into contracts and

26  agreements with other state and local agencies and with any

27  person, association, corporation, or entity other than the

28  program providers, for the purpose of administering this

29  section.

30         (8)  The Comptroller shall provide fiscal oversight to

31  ensure that funds expended for the program are used in

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  1  accordance with the contracts entered into pursuant to

  2  subsection (4).

  3         (9)  The Legislative Committee on Intergovernmental

  4  Relations shall annually conduct a performance review of the

  5  program.  The findings of the review shall be presented in a

  6  report submitted to the Governor, the President of the Senate,

  7  the Speaker of the House of Representatives, and the

  8  Comptroller by January 15 of each year.

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

10  law.

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12            *****************************************

13                          HOUSE SUMMARY

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      Creates the Local Government Financial Technical
15    Assistance Program to provide technical assistance to
      municipalities and special districts to enable them to
16    implement workable solutions to financially related
      problems.  See bill for details.
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