Senate Bill 2426er

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  1

  2         An act relating to legislative oversight of

  3         governmental programs; amending s. 11.13, F.S.;

  4         revising requirements for setting the allowance

  5         for intradistrict expenses for members of the

  6         Legislature; amending ss. 11.42, 11.45, F.S.;

  7         defining the term "operational audit"; revising

  8         the duties of the Auditor General; requiring

  9         district school boards to conduct certain

10         financial audits; transferring the Division of

11         Public Assistance Fraud from the Auditor

12         General to the Department of Law Enforcement;

13         transferring, renumbering, and amending s.

14         11.50, F.S.; conforming provisions to the

15         transfer of the Division of Public Assistance

16         Fraud; amending ss. 402.3015, 414.33, 414.34,

17         414.39, 414.40, 951.28, F.S.; conforming

18         provisions to the transfer of the Division of

19         Public Assistance Fraud; amending ss. 373.589,

20         195.096, 232.44, 946.516, 283.31, F.S.;

21         revising the duties of the Auditor General;

22         providing for audits by independent certified

23         public accountants; amending s. 944.719, F.S.;

24         transferring duties from the Auditor General to

25         the Office of Program Policy Analysis and

26         Government Accountability; amending ss. 11.511,

27         11.513, F.S.; revising the duties of the Office

28         of Program Policy Analysis and Government

29         Accountability; amending ss. 112.3187,

30         112.3188, 112.31895, F.S.; eliminating the

31         Public Counsel's responsibilities associated


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  1         with the Whistle-blower's Act; transferring

  2         such responsibilities to the Florida Commission

  3         on Human Relations; amending s. 985.401, F.S.;

  4         providing for the composition of the Juvenile

  5         Justice Accountability Board; reassigning the

  6         board from the Joint Legislative Auditing

  7         Committee to the Department of Juvenile

  8         Justice; amending s. 218.502, F.S.; redefining

  9         the term "local governmental entity"; repealing

10         s. 284.50(4), F.S., which provides for the

11         Auditor General to audit state agency

12         loss-prevention programs; repealing s.

13         475.045(1)(f), F.S., which provides for the

14         Auditor General to audit the financial

15         transactions of the Florida Real Estate

16         Commission Education and Research Foundation;

17         repealing s. 985.07, F.S., which provides for

18         the Auditor General to examine some

19         information-sharing efforts; amending s.

20         760.06, F.S.; authorizing the Florida

21         Commission on Human Relations to receive and

22         coordinate whistle-blowers' complaints;

23         providing an effective date.

24

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

26

27         Section 1.  Subsection (4) of section 11.13, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         11.13  Compensation of members.--

30         (4)  Each member of the Legislature shall be entitled

31  to receive a monthly allowance for intradistrict expenses in


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  1  an amount set annually by the President of the Senate for

  2  members of the Senate and the Speaker of the House of

  3  Representatives for members of the House not later than

  4  November 1 for the next fiscal year.  In setting the amount,

  5  the costs of maintaining a legislative district office or

  6  offices that provide provides an appropriate level of

  7  constituent services shall be considered.  The procedure for

  8  disbursement of the monthly intradistrict expense allowed

  9  shall be set from time to time by the Office of Legislative

10  Services, with the approval of the President of the Senate and

11  the Speaker of the House of Representatives or their

12  respective designees.  Such expenses shall be a proper expense

13  of the Legislature and shall be disbursed from the

14  appropriation for legislative expense.  The expenses provided

15  under this subsection shall not include any travel and per

16  diem reimbursed under subsections (2) and (3) or the rules of

17  either house.

18         Section 2.  Subsections (3), (6), (8), and (9) of

19  section 11.42, Florida Statutes, are amended to read:

20         11.42  The Auditor General.--

21         (3)(a)  To carry out her or his duties the Auditor

22  General shall make all spending decisions within the annual

23  operating budget approved by the President of the Senate and

24  the Speaker of the House of Representatives. The Auditor

25  General shall employ qualified persons necessary for the

26  efficient operation of the Auditor General's office and shall

27  fix their duties and compensation and, with the approval of

28  the President of the Senate and the Speaker of the House of

29  Representatives the Legislative Auditing Committee, shall

30  adopt and administer a uniform personnel, job classification,

31  and pay plan for such employees.


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  1         (b)1.  No person shall be employed as a financial

  2  auditor who does not possess the qualifications to take the

  3  examination for a certificate as certified public accountant

  4  under the laws of this state, and no person shall be employed

  5  or retained as legal adviser, on either a full-time or a

  6  part-time basis, who is not a member of The Florida Bar.

  7         2.  Notwithstanding the provisions of subparagraph 1.,

  8  employees in the positions associated with the Florida

  9  Education Finance Program full-time enrollment verification

10  function that is assigned to the Auditor General pursuant to

11  s. 229.565(2) may continue to meet the job qualifications that

12  existed prior to such transfer for a period of 3 years after

13  such transfer. Thereafter, they shall meet the requirements of

14  subparagraph 1. This subparagraph is repealed on July 1, 1998.

15         (6)(a)  The headquarters of the Auditor General shall

16  be at the state capital, but to facilitate auditing and to

17  eliminate unnecessary traveling the Auditor General may

18  establish divisions and assign auditors to each division and

19  determine their duties and the areas of the state to be served

20  by the respective divisions. The Auditor General shall be

21  provided with adequate quarters to carry out the position's

22  functions in the state capital and in other areas of the

23  state.

24         (b)  All payrolls and vouchers prepared by the Auditor

25  General for the operations of the Auditor General's her or his

26  office shall be submitted directly to the Comptroller and, if

27  found to be correct, state warrants shall be issued therefor.

28         (c)  The Auditor General shall transmit to the

29  President of the Senate and the Speaker of the House of

30  Representatives by January 1 of each year a list of statutory

31  and fiscal changes recommended by audit reports. The


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  1  recommendations should be presented in two categories: one

  2  addressing substantive law and policy issues and the other

  3  addressing budget issues. The Auditor General may also

  4  transmit recommendations at other times of the year when the

  5  information would be timely and useful for the Legislature.

  6         (8)  When authorized to audit the administrative

  7  services functions of any state agency, the Auditor General

  8  shall include, as a part of that review, a statement regarding

  9  agency compliance with the minority business enterprise

10  procurement goals set forth in s. 287.0945.

11         (8)(9)  No officer or full-time employee of the office

12  of Auditor General shall actively engage in any other business

13  or profession; serve as the representative of any political

14  party or on any executive committee or other governing body

15  thereof; serve as an executive, officer, or employee of any

16  political party committee, organization, or association; or be

17  engaged on behalf of any candidate for public office in the

18  solicitation of votes or other activities in behalf of such

19  candidacy. Neither the Auditor General nor any employee of the

20  Auditor General shall become a candidate for election to

21  public office unless she or he shall first resign from office

22  or employment.

23         Section 3.  Subsections (1) and (3) and paragraph (f)

24  of subsection (7) of section 11.45, Florida Statutes, are

25  amended to read:

26         11.45  Definitions; duties; audits; reports.--

27         (1)  As used in this section, the term:

28         (a)  "County agency," for the exclusive purposes of

29  this section, means a board of county commissioners or other

30  legislative and governing body of a county, however styled,

31  including that of a consolidated or metropolitan government, a


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  1  clerk of the circuit court, a separate or ex officio clerk of

  2  the county court, a sheriff, a property appraiser, a tax

  3  collector, a supervisor of elections, or any other officer in

  4  whom any portion of the fiscal duties of the above are under

  5  law separately placed. Each county agency is a local

  6  governmental entity for purposes of subparagraph (3)(a)4.

  7         (b)  "Financial audit" means an examination of

  8  financial statements in order to express an opinion on the

  9  fairness with which they present financial position, results

10  of operations, and changes in financial position in conformity

11  with generally accepted accounting principles and an

12  examination to determine whether operations are properly

13  conducted in accordance with legal and regulatory

14  requirements. Financial audits must be conducted in accordance

15  with generally accepted auditing standards and governmental

16  auditing standards as adopted by the Board of Accountancy.

17         (c)  "Governmental entity" means a state agency, a

18  county agency, or any other entity, however styled, that

19  independently exercises any type of state or local

20  governmental function.

21         (d)  "Local governmental entity" means a county agency,

22  municipality, or special district as defined in s. 189.403,

23  but does not include any housing authority established under

24  chapter 421.

25         (e)  "Management letter" means a statement of the

26  auditor's comments and recommendations.

27         (f)  "Operational audit" means a financial-related

28  audit whose purpose is to evaluate management's performance in

29  administering assigned responsibilities in accordance with

30  applicable laws, administrative rules, and other guidelines

31  and to determine the extent to which the internal control, as


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  1  designed and placed in operation, promotes and encourages the

  2  achievement of management's control objectives in the

  3  categories of compliance, economic and efficient operations,

  4  reliability of financial records and reports, and safeguarding

  5  of assets.

  6         (g)(f)  "Performance audit" means an examination of a

  7  program, activity, or function of a governmental entity,

  8  conducted in accordance with applicable government auditing

  9  standards or auditing and evaluation standards of other

10  appropriate authoritative bodies. The term includes an

11  examination of issues related to:

12         1.  Economy, efficiency, or effectiveness of the

13  program.

14         2.  Structure or design of the program to accomplish

15  its goals and objectives.

16         3.  Adequacy of the program to meet the needs

17  identified by the Legislature or governing body.

18         4.  Alternative methods of providing program services

19  or products.

20         5.  Goals, objectives, and performance measures used by

21  the agency to monitor and report program accomplishments.

22         6.  The accuracy or adequacy of public documents,

23  reports, or requests prepared under the program by state

24  agencies.

25         7.  Compliance of the program with appropriate

26  policies, rules, or laws.

27         8.  Any other issues related to governmental entities

28  as directed by the Legislative Auditing Committee.

29         (h)(g)  "Political subdivision" means a separate agency

30  or unit of local government created or established by law and

31  includes, but is not limited to, the following and the


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  1  officers thereof:  authority, board, branch, bureau, city,

  2  commission, consolidated government, county, department,

  3  district, institution, metropolitan government, municipality,

  4  office, officer, public corporation, town, or village.

  5         (i)(h)  "State agency" means a separate agency or unit

  6  of state government created or established by law and

  7  includes, but is not limited to, the following and the

  8  officers thereof: authority, board, branch, bureau,

  9  commission, department, division, institution, office,

10  officer, or public corporation, as the case may be, except any

11  such agency or unit other than the Florida Public Service

12  Commission within the legislative branch of state government.

13         (3)(a)1.  The Auditor General shall annually make

14  financial audits of the accounts and records of all state

15  agencies, as defined in this section, of all district school

16  boards in counties with populations of fewer than 125,000,

17  according to the most recent federal decennial statewide

18  census, and of all district boards of trustees of community

19  colleges. The Auditor General shall, at least every other

20  year, make operational audits of the accounts and records of

21  all state agencies, as defined in this section. The Auditor

22  General shall, at least once every 3 years, make financial

23  audits of the accounts and records of all district school

24  boards in counties with populations of 125,000 or more. For

25  each of the 2 years that the Auditor General does not make the

26  financial audit, each district school board shall contract for

27  an independent certified public accountant to perform a

28  financial audit as defined in paragraph (1)(b). This section

29  does not limit the Auditor General's discretionary authority

30  to conduct performance audits of these governmental entities

31  as authorized in subparagraph 3. 2. A district school board


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  1  may select an independent certified public accountant auditor

  2  to perform a financial audit as defined in paragraph (1)(b)

  3  notwithstanding the notification provisions of this section.

  4  In addition, a district school board may employ an internal

  5  auditor to perform ongoing financial verification of the

  6  financial records of a school district, who must report

  7  directly to the district school board or its designee. The

  8  Auditor General shall, at a minimum, provide to the successor

  9  independent certified public accountant of a district school

10  board the prior year's working papers, including documentation

11  of planning, internal control, audit results, and other

12  matters of continuing accounting and auditing significance,

13  such as the working paper analysis of balance sheet accounts

14  and those relating to contingencies.

15         2.  Each charter school established under s. 228.056

16  shall have an annual financial audit of its accounts and

17  records completed within 12 months after the end of its fiscal

18  year by an independent certified public accountant retained by

19  it and paid from its funds. The independent certified public

20  accountant who is selected to perform an annual financial

21  audit of the charter school shall provide a copy of the audit

22  report to the district school board, the Department of

23  Education, and the Auditor General. A management letter must

24  be prepared and included as a part of each financial audit

25  report. The Auditor General may, pursuant to his or her own

26  authority or at the direction of the Joint Legislative

27  Auditing Committee, conduct an audit of a charter school.

28         3.2.  The Auditor General may at any time make

29  financial audits and performance audits of the accounts and

30  records of all governmental entities created pursuant to law.

31  The audits referred to in this subparagraph must be made


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  1  whenever determined by the Auditor General, whenever directed

  2  by the Legislative Auditing Committee, or whenever otherwise

  3  required by law or concurrent resolution.  A district school

  4  board, expressway authority, or bridge authority may require

  5  that the annual financial audit of its accounts and records be

  6  completed within 12 months after the end of its fiscal year.

  7  If the Auditor General is unable to meet that requirement, the

  8  Auditor General shall notify the school board, the expressway

  9  authority, or the bridge authority pursuant to subparagraph 5.

10  4.

11         4.3.  The Office of Program Policy Analysis and

12  Government Accountability within the Office of the Auditor

13  General shall maintain a schedule of performance audits of

14  state programs. In conducting a performance audit of a state

15  program, the Office of Program Policy Analysis and Government

16  Accountability, when appropriate, shall identify and comment

17  upon alternatives for accomplishing the goals of the program

18  being audited.  Such alternatives may include funding

19  techniques and, if appropriate, must describe how other states

20  or governmental units accomplish similar goals.

21         5.4.  If by July 1 in any fiscal year a district school

22  board or local governmental entity has not been notified that

23  a financial audit for that fiscal year will be performed by

24  the Auditor General pursuant to subparagraph 3. 2., each

25  municipality with either revenues or expenditures of more than

26  $100,000, each special district with either revenues or

27  expenditures of more than $50,000, and each county agency

28  shall, and each district school board may, require that an

29  annual financial audit of its accounts and records be

30  completed, within 12 months after the end of its respective

31  fiscal year, by an independent certified public accountant


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  1  retained by it and paid from its public funds.  An independent

  2  certified public accountant who is selected to perform an

  3  annual financial audit of a school district must report

  4  directly to the district school board or its designee. A

  5  management letter must be prepared and included as a part of

  6  each financial audit report. Each local government finance

  7  commission, board, or council, and each municipal power

  8  corporation, created as a separate legal or administrative

  9  entity by interlocal agreement under s. 163.01(7), shall

10  provide the Auditor General, within 12 months after the end of

11  its fiscal year, with an annual financial audit report of its

12  accounts and records and a written statement or explanation or

13  rebuttal concerning the auditor's comments, including

14  corrective action to be taken. The county audit shall be one

15  document that includes a separate audit of each county agency.

16  The county audit must include an audit of the deposits into

17  and expenditures from the Public Records Modernization Trust

18  Fund. The Auditor General shall tabulate the results of the

19  audits of the Public Records Modernization Trust Fund and

20  report a summary of the audits to the Legislature annually.

21         6.5.  The governing body of a municipality, or a

22  special district, or charter school must establish an auditor

23  selection committee and competitive auditor selection

24  procedures. The governing board may elect to use its own

25  competitive auditor selection procedures or the procedures

26  outlined in subparagraph 7. 6.

27         7.6.  The governing body of a noncharter county or

28  district school board that retains elects to use a certified

29  public accountant must establish an auditor selection

30  committee and select other than the Auditor General is

31  responsible for selecting an independent certified public


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  1  accountant to audit the county agencies of the county or

  2  district school board according to the following procedure:

  3         a.  For each noncharter county, the an auditor

  4  selection committee must consist be established, consisting of

  5  the county officers elected pursuant to s. 1(d), Art. VIII of

  6  the State Constitution, and one member of the board of county

  7  commissioners or its designee.

  8         b.  The committee shall publicly announce, in a uniform

  9  and consistent manner, each occasion when auditing services

10  are required to be purchased. Public notice must include a

11  general description of the audit and must indicate how

12  interested certified public accountants can apply for

13  consideration.

14         c.  The committee shall encourage firms engaged in the

15  lawful practice of public accounting who desire to provide

16  professional services to submit annually a statement of

17  qualifications and performance data.

18         d.  Any certified public accountant desiring to provide

19  auditing services must first be qualified pursuant to law. The

20  committee shall make a finding that the firm or individual to

21  be employed is fully qualified to render the required

22  services. Among the factors to be considered in making this

23  finding are the capabilities, adequacy of personnel, past

24  record, and experience of the firm or individual.

25         e.  The committee shall adopt procedures for the

26  evaluation of professional services, including, but not

27  limited to, capabilities, adequacy of personnel, past record,

28  experience, results of recent external quality control

29  reviews, and such other factors as may be determined by the

30  committee to be applicable to its particular requirements.

31


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  1         f.  The public must not be excluded from the

  2  proceedings under this subparagraph.

  3         g.  The committee shall evaluate current statements of

  4  qualifications and performance data on file with the

  5  committee, together with those that may be submitted by other

  6  firms regarding the proposed audit, and shall conduct

  7  discussions with, and may require public presentations by, no

  8  fewer than three firms regarding their qualifications,

  9  approach to the audit, and ability to furnish the required

10  services.

11         h.  The committee shall select no fewer than three

12  firms deemed to be the most highly qualified to perform the

13  required services after considering such factors as the

14  ability of professional personnel; past performance;

15  willingness to meet time requirements; location; recent,

16  current, and projected workloads of the firms; and the volume

17  of work previously awarded to the firm by the agency, with the

18  object of effecting an equitable distribution of contracts

19  among qualified firms, provided such distribution does not

20  violate the principle of selection of the most highly

21  qualified firms.  If fewer than three firms desire to perform

22  the services, the committee shall recommend such firms as it

23  determines to be qualified.

24         i.  If the governing board receives more than one

25  proposal for the same engagement, the board may rank, in order

26  of preference, the firms to perform the engagement.  The firm

27  ranked first may then negotiate a contract with the board

28  giving, among other things, a basis of its fee for that

29  engagement.  If the board is unable to negotiate a

30  satisfactory contract with that firm, negotiations with that

31  firm shall be formally terminated, and the board shall then


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  1  undertake negotiations with the second-ranked firm. Failing

  2  accord with the second-ranked firm, negotiations shall then be

  3  terminated with that firm and undertaken with the third-ranked

  4  firm. Negotiations with the other ranked firms shall be

  5  undertaken in the same manner.  The board, in negotiating with

  6  firms, may reopen formal negotiations with any one of the

  7  three top-ranked firms, but it may not negotiate with more

  8  than one firm at a time. The board shall also negotiate on the

  9  scope and quality of services. In making such determination,

10  the board shall conduct a detailed analysis of the cost of the

11  professional services required in addition to considering

12  their scope and complexity. For contracts over $50,000, the

13  board shall require the firm receiving the award to execute a

14  truth-in-negotiation certificate stating that the rates of

15  compensation and other factual unit costs supporting the

16  compensation are accurate, complete, and current at the time

17  of contracting. Such certificate shall also contain a

18  description and disclosure of any understanding that places a

19  limit on current or future years' audit contract fees,

20  including any arrangements under which fixed limits on fees

21  will not be subject to reconsideration if unexpected

22  accounting or auditing issues are encountered. Such

23  certificate shall also contain a description of any services

24  rendered by the certified public accountant or firm of

25  certified public accountants at rates or terms that are not

26  customary.  Any auditing service contract under which such a

27  certificate is required must contain a provision that the

28  original contract price and any additions thereto shall be

29  adjusted to exclude any significant sums by which the board

30  determines the contract price was increased due to inaccurate

31  or incomplete factual unit costs.  All such contract


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  1  adjustments shall be made within 1 year following the end of

  2  the contract.

  3         j.  If the board is unable to negotiate a satisfactory

  4  contract with any of the selected firms, the committee shall

  5  select additional firms, and the board shall continue

  6  negotiations in accordance with this subsection until an

  7  agreement is reached.

  8         8.7.  At the conclusion of the audit field work, the

  9  independent certified public accountant shall discuss with the

10  head of each local governmental entity or the chair's designee

11  or with the chair of the district school board or the chair's

12  designee, or with the chair of the board of the charter school

13  or the chair's designee, as appropriate, all of the auditor's

14  comments that will be included in the audit report.  If the

15  officer is not available to discuss the auditor's comments,

16  their discussion is presumed when the comments are delivered

17  in writing to his or her office. The auditor shall notify each

18  member of the governing body of a local governmental entity

19  for which deteriorating financial conditions exist which may

20  cause a condition described in s. 218.503(1) to occur if

21  actions are not taken to address such conditions.

22         9.8.  The officer's written statement of explanation or

23  rebuttal concerning the auditor's comments, including

24  corrective action to be taken, must be filed with the

25  governing body of the local governmental entity, or district

26  school board, or charter school within 30 days after the

27  delivery of the financial audit report.

28         10.9.  The Auditor General, in consultation with the

29  Board of Accountancy, shall adopt rules for the form and

30  conduct of all financial audits subject to this section and

31  conducted by independent certified public accountants local


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  1  governmental entity audits. The Auditor General, in

  2  consultation with the Department of Education, shall develop a

  3  compliance supplement for the financial audit of a district

  4  school board conducted by an independent certified public

  5  accountant. The rules for audits of local governmental

  6  entities and district school boards must include, but are not

  7  limited to, requirements for the reporting of information

  8  necessary to carry out the purposes of the Local Government

  9  Financial Emergencies Act as stated in s. 218.501.

10         11.10.  Any local governmental entity or district

11  school board financial audit report required under

12  subparagraph 5. 4. or charter school financial audit report

13  required under subparagraph 2. and the officer's written

14  statement of explanation or rebuttal concerning the auditor's

15  comments, including corrective action to be taken, must be

16  submitted to the Auditor General within 45 days after delivery

17  of the audit report to the local governmental entity, or

18  district school board, or charter school, but no later than 12

19  months after the end of the fiscal year. If the Auditor

20  General does not receive the financial audit report within the

21  prescribed period, he or she must notify the Legislative

22  Auditing Committee that the governmental entity or charter

23  school has not complied with this subparagraph. Following

24  notification of failure to submit the required audit report or

25  items required by rule adopted by the Auditor General, a

26  hearing must be scheduled by rule of the committee. After the

27  hearing, the committee shall determine which local

28  governmental entities or charter schools will be subjected to

29  further state action.  If it finds that one or more local

30  governmental entities or charter schools should be subjected

31  to further state action, the committee shall:


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  1         a.  In the case of a local governmental entity,

  2  district school board, or charter school, request the

  3  Department of Revenue and the Department of Banking and

  4  Finance to withhold any funds payable to such governmental

  5  entity or charter school until the required financial audit is

  6  received by the Auditor General.

  7         b.  In the case of a special district, notify the

  8  Department of Community Affairs that the special district has

  9  failed to provide the required audits.  Upon receipt of

10  notification, the Department of Community Affairs shall

11  proceed pursuant to ss. 189.421 and 189.422.

12         12.11.a.  The Auditor General, in consultation with the

13  Board of Accountancy, shall review all audit reports submitted

14  by local governmental entities pursuant to subparagraph 11. 9.

15  The Auditor General shall request any significant items that

16  were omitted in violation of a rule adopted by the Auditor

17  General. The items must be provided within 45 days after the

18  date of the request. If the Auditor General does not receive

19  the requested items, he or she shall notify the Joint

20  Legislative Auditing Committee.

21         b.  The Auditor General shall notify the Governor and

22  the Joint Legislative Auditing Committee of any audit report

23  reviewed by the Auditor General which contains a statement

24  that the local governmental entity or district school board is

25  in a state of financial emergency as provided in s. 218.503.

26  If the Auditor General, in reviewing any audit report,

27  identifies additional information which indicates that the

28  local governmental entity or district school board may be in a

29  state of financial emergency as provided in s. 218.503, the

30  Auditor General shall request appropriate clarification from

31  the local governmental entity or district school board.  The


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  1  requested clarification must be provided within 45 days after

  2  the date of the request.  If the Auditor General does not

  3  receive the requested clarification, he or she shall notify

  4  the Joint Legislative Auditing Committee.  If, after obtaining

  5  the requested clarification, the Auditor General determines

  6  that the local governmental entity or district school board is

  7  in a state of financial emergency as provided in s. 218.503,

  8  he or she shall notify the Governor and the Joint Legislative

  9  Auditing Committee.

10         c.  The Auditor General shall annually compile and

11  transmit to the President of the Senate, the Speaker of the

12  House of Representatives, and the Joint Legislative Auditing

13  Committee a summary of significant findings and financial

14  trends identified in audits of local governmental entities,

15  district school boards, and charter schools performed by the

16  independent certified public accountants.

17         13.12.  In conducting a performance audit of any

18  agency, the Auditor General shall use the Agency Strategic

19  Plan of the agency in evaluating the performance of the

20  agency.

21         (b)  The Legislative Auditing Committee may authorize

22  and direct the Auditor General to make a financial audit of

23  any municipality or independent agency or authority of any

24  municipality within the state, and the committee shall direct

25  the Auditor General to make a financial audit of any

26  municipality such audit whenever petitioned to do so by at

27  least 20 percent of the electors of that any municipality.

28  The supervisor of elections of the county in which the

29  municipality is located shall certify whether or not the

30  petition contains the signatures of at least 20 percent of the

31  electors of the municipality. After the completion of the


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  1  audit, the Auditor General shall determine whether the

  2  municipality has the fiscal resources necessary to pay the

  3  cost of the audit. The municipality shall pay the cost of the

  4  audit within 90 days after the Auditor General's determination

  5  that the municipality has the available resources. If The

  6  expenses of such audit shall be paid by the municipality and,

  7  in the event the municipality fails to pay the cost of the

  8  audit, the Department of Revenue shall, upon certification of

  9  the Auditor General, withhold from that portion of the

10  municipal financial assistance trust fund for municipalities

11  which is derived from the cigarette tax imposed under chapter

12  210, and which is distributable to such municipality, a sum

13  sufficient to pay the cost of the audit and shall deposit that

14  sum into the General Revenue Fund of the state.

15         (c)  The Auditor General shall at least every 2 years

16  make a performance audit of the local government financial

17  reporting system, which, for the purpose of this chapter,

18  means the reporting provisions of this subsection and

19  subsection (4); s. 27.3455(1) and (2); part VII of chapter

20  112; s. 163.05; s. 166.241; chapter 189; parts III and V of

21  chapter 218; and s. 925.037(5). The performance audit shall

22  analyze each component of the reporting system separately and

23  analyze the reporting system as a whole. The purpose of such

24  an audit is to determine the accuracy, efficiency, and

25  effectiveness of the reporting system in achieving its goals

26  and objectives and to make recommendations to the local

27  governments, the Governor, and the Legislature as to how the

28  reporting system can be improved and how program costs can be

29  reduced. Such goals and objectives must include, but need not

30  be limited to, the timely, accurate, uniform, and

31  cost-effective accumulation of financial and other information


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  1  that can be used by the members of the Legislature and other

  2  appropriate officials in order to:

  3         1.  Compare and contrast revenue sources and

  4  expenditures of local governmental entities;

  5         2.  Assess the fiscal impact of the formation,

  6  dissolution, and activity of special districts;

  7         3.  Evaluate the fiscal impact of state mandates on

  8  local governmental entities;

  9         4.  Assess financial or economic conditions of local

10  governmental entities; and

11         5.  Improve communication and coordination among state

12  agencies and local governmental entities.

13         (d)  Whenever a local governmental entity requests the

14  Auditor General to conduct an audit of all or part of its

15  operations and the Auditor General conducts the audit under

16  his or her own authority or at the direction of the

17  Legislative Auditing Committee conducts the audit, the

18  expenses of the audit shall be paid for by the local

19  governmental entity. The Auditor General shall estimate the

20  cost of the audit. Fifty percent of the cost estimate shall be

21  paid by the local governmental entity before the initiation of

22  the audit and deposited into the General Revenue Fund of the

23  state. After the completion of the audit, the Auditor General

24  shall forward the actual cost of the audit to the local

25  governmental entity. The local governmental entity shall remit

26  the remainder of the cost of the audit to the Auditor General

27  for deposit into the General Revenue Fund of the state. If the

28  local governmental entity fails to pay the cost of the audit,

29  the Auditor General shall notify the Legislative Auditing

30  Committee. Following the notification, the committee may

31  schedule a hearing. After the hearing, the committee shall


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  1  determine if the local governmental entity should be subject

  2  to further state action. If the committee determines that the

  3  local governmental entity should be subject to further state

  4  action, the committee shall:

  5         1.  In the case of a local governmental entity, request

  6  the Department of Revenue and the Department of Banking and

  7  Finance to withhold any funds payable to the governmental

  8  entity until the required payment is received by the Auditor

  9  General.

10         2.  In the case of a special district, notify the

11  Department of Community Affairs that the special district has

12  failed to pay for the cost of the audit. Upon receipt of

13  notification, the Department of Community Affairs shall

14  proceed pursuant to the provisions specified in ss. 189.421

15  and 189.422.

16         (7)

17         (f)  No later than 18 months after the release of a

18  performance audit report, the agencies which are the subject

19  of that report shall provide data and other information that

20  describes with specificity what the agencies have done to

21  respond to the recommendations contained in the report.  The

22  Auditor General or the Office of Program Policy Analysis and

23  Government Accountability may verify the data and information

24  provided by the agencies.  If the data and information

25  provided by the agencies are deemed sufficient and accurate,

26  the Auditor General or the Office of Program Policy Analysis

27  and Government Accountability shall report to the Joint

28  Legislative Auditing Committee and to the legislative standing

29  committees concerned with the subject areas of the audit.  The

30  report shall include a summary of the agencies' responses, the

31  evaluation of those responses, and any recommendations deemed


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  1  to be appropriate. The follow-up report required by this

  2  paragraph may be waived by joint action of the President of

  3  the Senate and the Speaker of the House of Representatives

  4  upon the recommendation of the Director of the Office of

  5  Program Policy Analysis and Government Accountability.

  6         Section 4.  All statutory powers, duties, and functions

  7  related to investigating public assistance fraud are

  8  transferred from the Auditor General to the Department of Law

  9  Enforcement by a type one transfer, as defined in section

10  20.06, Florida Statutes, effective October 1, 1999.

11         Section 5.  Section 11.50, Florida Statutes, is

12  transferred, renumbered as section 943.401, Florida Statutes,

13  and amended to read:

14         943.401 11.50  Division of Public Assistance Fraud.--

15         (1)(a)  The Department of Law Enforcement Auditor

16  General shall investigate, on his or her own initiative or

17  when required by the Legislative Auditing Committee, public

18  assistance made under the provisions of chapter 409 or chapter

19  414. In the course of such investigation the Department of Law

20  Enforcement Auditor General shall examine all records,

21  including electronic benefits transfer records and make

22  inquiry of all persons who may have knowledge as to any

23  irregularity incidental to the disbursement of public moneys,

24  food stamps, or other items or benefits authorizations to

25  recipients.

26         (b)  All public assistance recipients, as a condition

27  precedent to qualification for assistance under the provisions

28  of chapter 409 or chapter 414, shall first give in writing, to

29  the Agency for Health Care Administration, or the Department

30  of Health, and the Department of Children and Family

31  Rehabilitative Services, as appropriate, and to the Department


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  1  of Law Enforcement Division of Public Assistance Fraud,

  2  consent to make inquiry of past or present employers and

  3  records, financial or otherwise.

  4         (2)  In the conduct of such investigation the

  5  Department of Law Enforcement Auditor General may employ

  6  persons having such qualifications as are useful in the

  7  performance of this duty, and those individuals shall be

  8  assigned to the Division of Public Assistance Fraud which is

  9  hereby created within the office of the Auditor General.

10         (3)  The results of such investigation shall be

11  reported by the Department of Law Enforcement Auditor General

12  to the appropriate legislative committees Auditing Committee,

13  the Agency for Health Care Administration, the Department of

14  Health, and the Department of Children and Family

15  Rehabilitative Services, and to such others as the Department

16  of Law Enforcement Legislative Auditing Committee or the

17  Auditor General may determine.

18         (4)  The Department of Health and the Department of

19  Children and Family Rehabilitative Services shall report to

20  the Department of Law Enforcement Auditor General the final

21  disposition of all cases wherein action has been taken

22  pursuant to s. 414.39, based upon information furnished by the

23  Department of Law Enforcement Division of Public Assistance

24  Fraud.

25         (5)  All lawful fees and expenses of officers and

26  witnesses, expenses incident to taking testimony and

27  transcripts of testimony and proceedings are requested by the

28  Legislative Auditing Committee or the Auditor General shall be

29  a proper charge to the Department of Law Enforcement

30  appropriation of the Auditor General. All payments for these

31  purposes shall be on vouchers approved by the Auditor General.


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  1         (6)  The provisions of this section shall be liberally

  2  construed in order to carry out effectively the purposes of

  3  this section in the interest of protecting public moneys and

  4  other public property.

  5         Section 6.  Paragraph (b) of subsection (6) of section

  6  402.3015, Florida Statutes, is amended to read:

  7         402.3015  Subsidized child care program; purpose; fees;

  8  contracts.--

  9         (6)

10         (b)  Child care services, unless directly operated by a

11  community child care coordinating agency, shall be provided

12  under a service agreement or by voucher, which ensures, to the

13  maximum extent possible, parental choice through flexibility

14  in child care arrangements and payment arrangements. When

15  used, a voucher must bear the name of the beneficiary and the

16  child care provider and, when redeemed, must bear the

17  signature of both the beneficiary and an authorized

18  representative of the child care provider. If it is determined

19  that a child care provider has provided any cash to the

20  beneficiary in return for receiving the voucher, the license

21  for each child care facility operated by the provider shall be

22  immediately revoked and any facility operated by the provider

23  is ineligible for relicensure for 3 years. Whether or not the

24  provider is licensed, the department shall refer the matter to

25  the Department of Law Enforcement Division of Public

26  Assistance Fraud of the Office of the Auditor General for

27  investigation.

28         Section 7.  Subsection (2) of section 414.33, Florida

29  Statutes, is amended to read:

30         414.33  Violations of food stamp program.--

31


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  1         (2)  In addition, the department shall establish

  2  procedures for referring to the Department of Law Enforcement

  3  Division of Public Assistance Fraud within the Office of the

  4  Auditor General any case that involves a suspected violation

  5  of federal or state law or rules governing the administration

  6  of the food stamp program.

  7         Section 8.  Section 414.34, Florida Statutes, is

  8  amended to read:

  9         414.34  Annual report concerning administrative

10  complaints and disciplinary actions involving food stamp

11  program violations.--The department shall prepare and submit a

12  report to the President of the Senate, the Speaker of the

13  House of Representatives, the chairs of the appropriate

14  legislative Health and Rehabilitative Services committees, and

15  the Department of Law Enforcement Division of Public

16  Assistance Fraud by January 1 of each year.  In addition to

17  any other information the Legislature may require, the report

18  must include statistics and relevant information detailing:

19         (1)  The number of complaints received and

20  investigated.

21         (2)  The number of findings of probable cause made.

22         (3)  The number of findings of no probable cause made.

23         (4)  The number of administrative complaints filed.

24         (5)  The disposition of all administrative complaints.

25         (6)  The number of criminal complaints brought under s.

26  414.39, and their disposition.

27         (7)  The status of the development and implementation

28  of rules governing the electronic benefits transfer program,

29  including any recommendations for statutory changes.

30         Section 9.  Subsection (9) of section 414.39, Florida

31  Statutes, is amended to read:


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  1         414.39  Fraud.--

  2         (9)  All records relating to investigations of public

  3  assistance fraud in the custody of the department and the

  4  Agency for Health Care Administration are available for

  5  examination by the Department of Law Enforcement Division of

  6  Public Assistance Fraud of the office of the Auditor General

  7  pursuant to s. 11.50 and are admissible into evidence in

  8  proceedings brought under this section as business records

  9  within the meaning of s. 90.803(6).

10         Section 10.  Section 414.40, Florida Statutes, is

11  amended to read:

12         414.40  Stop Inmate Fraud Program established;

13  guidelines.--

14         (1)  There is created within the Department of Law

15  Enforcement Division of Public Assistance Fraud of the Office

16  of the Auditor General a Stop Inmate Fraud Program.

17         (2)  The Department of Law Enforcement division is

18  directed to implement the Stop Inmate Fraud Program in

19  accordance with the following guidelines:

20         (a)  The program shall establish procedures for sharing

21  public records not exempt from the public records law among

22  social services agencies regarding the identities of persons

23  incarcerated in state correctional institutions, as defined in

24  s. 944.02(6), or in county, municipal, or regional jails or

25  other detention facilities of local governments under chapter

26  950 or chapter 951 who are wrongfully receiving public

27  assistance benefits or entitlement benefits.

28         (b)  Pursuant to these procedures, the program shall

29  have access to records containing correctional information not

30  exempt from the public records law on incarcerated persons

31  which have been generated as criminal justice information.  As


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  1  used in this paragraph, the term "record" is defined as

  2  provided in s. 943.045(7), and the term "criminal justice

  3  information" is defined as provided in s. 943.045(3).

  4         (c)  Database searches shall be conducted of the inmate

  5  population at each correctional institution or other detention

  6  facility.  A correctional institution or a detention facility

  7  shall provide the Stop Inmate Fraud Program with the

  8  information necessary to identify persons wrongfully receiving

  9  benefits in the medium requested by the Stop Inmate Fraud

10  Program if the correctional institution or detention facility

11  maintains the information in that medium.

12         (d)  Data obtained from correctional institutions or

13  other detention facilities shall be compared with the client

14  files of the Department of Children and Family Services, the

15  Department of Labor and Employment Security, and other state

16  or local agencies as needed to identify persons wrongfully

17  obtaining benefits.  Data comparisons shall be accomplished

18  during periods of low information demand by agency personnel

19  to minimize inconvenience to the agency.

20         (e)  Results of data comparisons shall be furnished to

21  the appropriate office for use in the county in which the data

22  originated.  The program may provide reports of the data it

23  obtains to appropriate state, federal, and local government

24  agencies or governmental entities, including, but not limited

25  to:

26         1.  The Child Support Enforcement Program of the

27  Department of Revenue, so that the data may be used as locator

28  information on persons being sought for purposes of child

29  support.

30

31


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  1         2.  The Social Security Administration, so that the

  2  data may be used to reduce federal entitlement fraud within

  3  the state.

  4         (f)  Reports by the program to another agency or entity

  5  shall be generated bimonthly, or as otherwise directed, and

  6  shall be designed to accommodate that agency's or entity's

  7  particular needs for data.

  8         (g)  Only those persons with active cases, or with

  9  cases that were active during the incarceration period, shall

10  be reported, in order that the funding agency or entity, upon

11  verification of the data, may take whatever action is deemed

12  appropriate.

13         (h)  For purposes of program review and analysis, each

14  agency or entity receiving data from the program shall submit

15  reports to the program which indicate the results of how the

16  data was used.

17         Section 11.  Section 951.28, Florida Statutes, is

18  amended to read:

19         951.28  Transmitting prisoner information to reduce

20  public assistance fraud.--Upon consultation with the

21  Department of Law Enforcement Division of Public Assistance

22  Fraud of the Office of the Auditor General and the Social

23  Security Administration, the county sheriff or chief

24  correctional officer or his or her designee shall establish

25  and implement a process to submit to the Social Security

26  Administration, directly or indirectly, sufficient and

27  necessary information to identify incarcerated persons who are

28  wrongfully receiving entitlement benefits and payments.

29         Section 12.  Section 373.589, Florida Statutes, is

30  amended to read:

31


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  1         373.589  Water management district audit by Auditor

  2  General.--Each water management district shall have an annual

  3  financial audit of its accounts and records as provided in s.

  4  11.45. A copy of the audit shall be filed with the Governor,

  5  the Department of Environmental Protection, the Auditor

  6  General, the governing board of the district, and the clerks

  7  of the circuit courts of each county within or partly within

  8  the district. At the direction of the Governor, audit of the

  9  district's accounts may be made from time to time by the

10  Auditor General, and such audit shall be within the authority

11  of said Auditor General, to make. Copy of such audit shall be

12  furnished the Governor and the governing board of the

13  district, and a copy shall be filed with the clerks of the

14  circuit courts of each county within or partly within said

15  district. The expense of said audit shall be paid by the

16  district upon a statement thereof rendered to the district by

17  the Auditor General.  Payment of the amount thereof shall be

18  made to the State Department of Banking and Finance to be

19  entered in and to reimburse the account of the Auditor General

20  so as not to reduce the legislative appropriation for said

21  Auditor General.

22         Section 13.  Subsection (7) of section 195.096, Florida

23  Statutes, is amended to read:

24         195.096  Review of assessment rolls.--

25         (7)  The Auditor General shall have the responsibility

26  to perform performance audits of the administration of ad

27  valorem tax laws by the department pursuant to the general

28  authority granted in chapter 11.  Such performance audits

29  shall be conducted triennially biennially following completion

30  of reviews pursuant to this section.  The performance audit

31  conducted pursuant to this subsection shall be formally


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  1  submitted to the Legislature no later than April 1, on a

  2  triennial biennial basis, reporting on the activities of the

  3  ad valorem tax program of the Department of Revenue related to

  4  the ad valorem tax rolls. The Auditor General shall include,

  5  for at least four counties so reviewed, findings as to the

  6  accuracy of assessment procedures, projections, and

  7  computations made by the division, utilizing the same

  8  generally accepted appraisal standards and procedures to which

  9  the division and the property appraisers are required to

10  adhere. However, the report shall not include any findings or

11  statistics related to any ad valorem tax roll which is in

12  litigation between the state and county officials at the time

13  the report is to be issued.

14         Section 14.  Subsection (1) of section 232.44, Florida

15  Statutes, is amended to read:

16         232.44  Audit of records of nonprofit corporations and

17  associations handling interscholastic activities.--

18         (1)  Each The Auditor General shall, at least every 6

19  months, audit the books and records of any nonprofit

20  association or corporation that which operates for the purpose

21  of supervising and controlling interscholastic activities of

22  the public high schools in the state and whose membership is

23  composed of duly certified representatives of public high

24  schools in the state, and whose rules and regulations are

25  established by members thereof, shall have an annual financial

26  audit of its accounts and records by an independent certified

27  public accountant retained by it and paid from its funds. The

28  accountant shall furnish a copy of the audit report to the

29  Auditor General for review.

30         Section 15.  Section 946.516, Florida Statutes, is

31  amended to read:


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  1         946.516  Report to Governor, and Legislature, and

  2  Auditor General by the corporation; Department of Corrections

  3  report; annual financial audit report to Governor and

  4  Legislature by Auditor General.--

  5         (1)  The corporation shall submit to the Governor and

  6  the Legislature, on or before January 1 of each year, a report

  7  on the status of the correctional work programs, including,

  8  but not limited to, the proposed use of the profits from such

  9  programs, a breakdown of the amount of noninmate labor used,

10  work subcontracted to other vendors, use of consultants,

11  finished goods purchased for resale, and the number of inmates

12  working in the correctional work programs at the time of such

13  report.  In addition, the corporation shall submit to the

14  department, the Governor, and the Legislature, and the Auditor

15  General an annual independently audited financial audit report

16  statement and such other information as may be requested by

17  the Legislature, together with recommendations relating to

18  provisions for reasonable tax incentives to private

19  enterprises which employ inmates, parolees, or former inmates

20  who have participated in correctional work programs.

21         (2)  The department shall include, as a portion of its

22  annual report, a report on postrelease job placement and the

23  rate of subsequent contact with the correctional system for

24  those inmates who have participated in the correctional work

25  programs operated by the corporation and by the department.

26         (3)  The corporation shall have an annual financial

27  audit of its accounts and records by an independent certified

28  public accountant retained by it and paid from its funds. The

29  Auditor General or the director of the Office of Program

30  Policy Analysis and Government Accountability may, pursuant to

31  his or her own authority or at the direction of the Joint


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  1  Legislative Auditing Committee, conduct an audit of the

  2  corporation.  The Auditor General shall biennially conduct a

  3  financial and performance audit of the corporation, which

  4  shall be conducted in conjunction with an independent audit

  5  conducted by the auditors of the corporation. The Auditor

  6  General shall conduct additional audits upon the request of

  7  the Joint Legislative Auditing Committee.

  8         (4)  The corporation shall be governed by the generally

  9  accepted accounting principles as established by the Financial

10  Accounting Standards Board (FASB) in order to carry out the

11  intent of s. 946.502(2) and (5).

12         Section 16.  Section 283.31, Florida Statutes, is

13  amended to read:

14         283.31  Records of executive agency publications.--Each

15  agency shall maintain a record of any publication the printing

16  of which costs in excess of the threshold amount provided in

17  s. 287.017 for CATEGORY THREE, at least part of which is paid

18  for by state funds appropriated by the Legislature. Such

19  record shall also contain the following:  written

20  justification of the need for such publication, purpose of

21  such publication, legislative or administrative authority,

22  sources of funding, frequency and number of issues, and

23  reasons for deciding to have the publication printed in-house,

24  by another agency or the Legislature, or purchased on bid.  In

25  addition, such record shall contain the comparative costs of

26  alternative printing methods when such costs were a factor in

27  deciding upon a method. The record of the corporation

28  operating the correctional industry printing program

29  Compliance with the provisions of this section shall be

30  included within the scope of audits performed by the Auditor

31  General on each agency, and such audits shall be performed not


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  1  less than once every 3 years.  The Auditor General shall also

  2  conduct a financial-related and performance audit of the

  3  corporation operating the correctional industry program.  Such

  4  audit shall be conducted once every 3 years, and the first

  5  audit shall be for the period July 1, 1988, through June 30,

  6  1990, to be completed prior to the 1991 regular legislative

  7  session.  Such audit shall include a review of the printing

  8  that the corporation has done for state agencies.  This review

  9  shall include the cost of materials used, the cost of labor,

10  the cost of overhead, the amount of profit made by the

11  corporation for such printing, and whether the state agencies

12  that contract with the corporation for printing are prudently

13  determining the price paid for such printing. Such audits

14  shall be completed no later than the first day of the regular

15  legislative session.

16         Section 17.  Subsection (5) of section 944.719, Florida

17  Statutes, is amended to read:

18         944.719  Adoption of rules, monitoring, and

19  reporting.--

20         (5)  The Office of Program Policy Analysis and

21  Government Accountability Auditor General shall conduct a

22  performance audit, including a review of the annual financial

23  audit of the private entity and shall deliver a report to the

24  Legislature by February April 1 of the third first year

25  following any contract awarded by the department for the

26  operation of a correctional facility by a private vendor.

27         (a)  The report shall determine the reasonableness of

28  the cost analysis procedures used by the department for

29  comparing services provided under the contract and for

30  comparing the quality of the services provided under the

31


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  1  contract with the costs and quality of similar services

  2  provided by the department.

  3         (b)  In preparing the report, the office Auditor

  4  General shall consider, in addition to other factors he or she

  5  determines are significant:

  6         1.  The extent to which the private vendor and the

  7  department have complied with the terms of the contract and

  8  ss. 944.710-944.719.

  9         2.  The wages and benefits that are provided to the

10  staff of the private correctional facility as compared to

11  wages and benefits provided to employees of the department

12  performing comparable tasks.

13         Section 18.  Paragraph (a) of subsection (3) and

14  subsection (6) of section 11.511, Florida Statutes, are

15  amended to read:

16         11.511  Director of the Office of Program Policy

17  Analysis and Government Accountability; appointment;

18  employment of staff; powers and duties.--

19         (3)(a)  Within available funds, The director shall make

20  all spending decisions under the annual operating budget

21  approved by the President of the Senate and the Speaker of the

22  House of Representatives. The director shall employ and set

23  the compensation of such professional, technical, legal, and

24  clerical staff as may be necessary to perform all the

25  requirements of this section and s. 11.513, in accordance with

26  the joint policies and procedures of the President of the

27  Senate and the Speaker of the House of Representatives the

28  Legislative Auditing Committee, and may remove these

29  personnel. The staff must be chosen to provide a broad

30  background of experience and expertise and, to the maximum

31  extent possible, to represent a range of disciplines that


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  1  includes law, engineering, public administration,

  2  environmental science, policy science, economics, sociology,

  3  and philosophy.

  4         (6)  The director, with the consent of the Legislative

  5  Auditing Committee, may enter into contracts on behalf of the

  6  Office of Program Policy Analysis and Government

  7  Accountability.

  8         (6)  The director, with the consent of the President of

  9  the Senate and the Speaker of the House of Representatives,

10  may modify the work schedule of the office in order to

11  concentrate its efforts on agency programs that are determined

12  to have high oversight priority. The modification may include

13  reduction or elimination of recurring performance audits

14  existing in law on July 1, 1999, but which do not appear to be

15  of critical interest to the Legislature. The director may at

16  any time conduct a performance review of a governmental entity

17  created by law.

18         Section 19.  Subsection (4) of section 11.513, Florida

19  Statutes, is amended, and subsection (8) is added to that

20  section, to read:

21         11.513  Program evaluation and justification review.--

22         (4)  No later than December July 1 of the second year

23  following the year in which an agency begins operating under a

24  performance-based program budget, the Office of Program Policy

25  Analysis and Government Accountability shall submit a report

26  of evaluation and justification review findings and

27  recommendations to the President of the Senate, the Speaker of

28  the House of Representatives, the chairpersons of the

29  appropriate substantive committees, the chairpersons of the

30  appropriations committees, the Legislative Auditing Committee,

31  the Governor, the head of each state agency that was the


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  1  subject of the evaluation and justification review, and the

  2  head of any state agency that is substantially affected by the

  3  findings and recommendations.

  4         (8)  If recommended by the director of the Office of

  5  Program Policy Analysis and Government Accountability, the

  6  President of the Senate and the Speaker of the House of

  7  Representatives may jointly direct that any program evaluation

  8  and justification review requirement existing on July 1, 1999,

  9  be postponed to allow the Office of Program Policy Analysis

10  and Government Accountability to conduct a review of another

11  program considered more urgent.

12         Section 20.  Subsections (6) and (7), paragraph (a) of

13  subsection (8), and paragraph (f) of subsection (9) of section

14  112.3187, Florida Statutes, are amended to read:

15         112.3187  Adverse action against employee for

16  disclosing information of specified nature prohibited;

17  employee remedy and relief.--

18         (6)  TO WHOM INFORMATION DISCLOSED.--The information

19  disclosed under this section must be disclosed to any agency

20  or federal government entity having the authority to

21  investigate, police, manage, or otherwise remedy the violation

22  or act, including, but not limited to, the Office of the Chief

23  Inspector General, an agency inspector general or the employee

24  designated as agency inspector general under s. 112.3189(1) or

25  inspectors general under s. 20.055, the Florida Commission on

26  Human Relations Office of the Public Counsel, and the

27  whistle-blower's hotline created under s. 112.3189. However,

28  for disclosures concerning a local governmental entity,

29  including any regional, county, or municipal entity, special

30  district, community college district, or school district or

31  any political subdivision of any of the foregoing, the


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  1  information must be disclosed to a chief executive officer as

  2  defined in s. 447.203(9) or other appropriate local official.

  3         (7)  EMPLOYEES AND PERSONS PROTECTED.--This section

  4  protects employees and persons who disclose information on

  5  their own initiative in a written and signed complaint; who

  6  are requested to participate in an investigation, hearing, or

  7  other inquiry conducted by any agency or federal government

  8  entity; who refuse to participate in any adverse action

  9  prohibited by this section; or who initiate a complaint

10  through the whistle-blower's hotline; or employees who file

11  any written complaint to their supervisory officials or

12  employees who submit a complaint to the Chief Inspector

13  General in the Executive Office of the Governor, to the

14  employee designated as agency inspector general under s.

15  112.3189(1), or to the Florida Commission on Human Relations

16  Office of the Public Counsel.  The provisions of this section

17  may not be used by a person while he or she is under the care,

18  custody, or control of the state correctional system or, after

19  release from the care, custody, or control of the state

20  correctional system, with respect to circumstances that

21  occurred during any period of incarceration.  No remedy or

22  other protection under ss. 112.3187-112.31895 applies to any

23  person who has committed or intentionally participated in

24  committing the violation or suspected violation for which

25  protection under ss. 112.3187-112.31895 is being sought.

26         (8)  REMEDIES.--

27         (a)  Any employee of or applicant for employment with

28  any state agency, as the term "state agency" is defined in s.

29  216.011, who is discharged, disciplined, or subjected to other

30  adverse personnel action, or denied employment, because he or

31  she engaged in an activity protected by this section may file


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  1  a complaint, which complaint must be made in accordance with

  2  s. 112.31895.  Upon receipt of notice from the Florida

  3  Commission on Human Relations Public Counsel of termination of

  4  the investigation, the complainant may elect to pursue the

  5  administrative remedy available under s. 112.31895 or bring a

  6  civil action within 180 days after receipt of the notice.

  7         (9)  RELIEF.--In any action brought under this section,

  8  the relief must include the following:

  9         (f)  Temporary reinstatement to the employee's former

10  position or to an equivalent position, pending the final

11  outcome on the complaint, if an employee complains of being

12  discharged in retaliation for a protected disclosure and if a

13  court of competent jurisdiction or the Florida Commission on

14  Human Relations Public Counsel, as applicable under s.

15  112.31895, determines that the disclosure was not made in bad

16  faith or for a wrongful purpose or occurred after an agency's

17  initiation of a personnel action against the employee which

18  includes documentation of the employee's violation of a

19  disciplinary standard or performance deficiency. This

20  paragraph does not apply to an employee of a municipality.

21         Section 21.  Paragraph (a) of subsection (2) of section

22  112.3188, Florida Statutes, is amended to read:

23         112.3188  Confidentiality of information given to the

24  Chief Inspector General, internal auditors, inspectors

25  general, local chief executive officers, or other appropriate

26  local officials.--

27         (2)(a)  Except as specifically authorized by s.

28  112.3189, all information received by the Chief Inspector

29  General or an agency inspector general or information produced

30  or derived from fact-finding or other investigations conducted

31  by the Florida Commission on Human Relations Department of


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  1  Legal Affairs, the Office of the Public Counsel, or the

  2  Department of Law Enforcement is confidential and exempt from

  3  s. 119.07(1) if the information is being received or derived

  4  from allegations as set forth in paragraph (1)(a) or paragraph

  5  (1)(b), and an investigation is active.

  6         Section 22.  Section 112.31895, Florida Statutes, is

  7  amended to read:

  8         112.31895  Investigative procedures in response to

  9  prohibited personnel actions.--

10         (1)(a)  If a disclosure under s. 112.3187 includes or

11  results in alleged retaliation by an employer, the employee or

12  former employee of, or applicant for employment with, a state

13  agency, as defined in s. 216.011, that is so affected may file

14  a complaint alleging a prohibited personnel action, which

15  complaint must be made by filing a written complaint with the

16  Office of the Chief Inspector General in the Executive Office

17  of the Governor, the Department of Legal Affairs, or the

18  Florida Commission on Human Relations Office of the Public

19  Counsel, no later than 60 days after the prohibited personnel

20  action.

21         (b)  Within three working days after receiving a

22  complaint under this section, the office or officer receiving

23  the complaint shall acknowledge receipt of the complaint and

24  provide copies of the complaint and any other preliminary

25  information available concerning the disclosure of information

26  under s. 112.3187 to each of the other parties named in

27  paragraph (a), which parties shall each acknowledge receipt of

28  such copies to the complainant.

29         (2)  FACT FINDING.--The Florida Commission on Human

30  Relations Department of Legal Affairs shall:

31


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  1         (a)  Receive any allegation of a personnel action

  2  prohibited by s. 112.3187, including a proposed or potential

  3  action, and conduct informal fact finding regarding any

  4  allegation under this section, to the extent necessary to

  5  determine whether there are reasonable grounds to believe that

  6  a prohibited personnel action under s. 112.3187 has occurred,

  7  is occurring, or is to be taken.

  8         (b)  Notify the complainant, within 15 days after

  9  receiving a complaint, that the complaint has been received by

10  the department.

11         (c)  Within 90 days after receiving the complaint,

12  provide the Public Counsel, the agency head, and the

13  complainant with a fact-finding report that may include

14  recommendations to the parties or proposed resolution of the

15  complaint.  The fact-finding report shall be presumed

16  admissible in any subsequent or related administrative or

17  judicial review.

18         (3)  CORRECTIVE ACTION AND TERMINATION OF

19  INVESTIGATION.--

20         (a)  The Florida Commission on Human Relations Public

21  Counsel established by s. 350.061, in accordance with this act

22  and for the sole purpose of this act, is empowered to:

23         1.  Receive and investigate complaints from employees

24  alleging retaliation by state agencies, as the term "state

25  agency" is defined in s. 216.011.

26         2.  Protect employees and applicants for employment

27  with such agencies from prohibited personnel practices under

28  s. 112.3187.

29         3.  Petition for stays and petition for corrective

30  actions, including, but not limited to, temporary

31  reinstatement.


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  1         4.  Recommend disciplinary proceedings pursuant to

  2  investigation and appropriate agency rules and procedures.

  3         5.  Coordinate with the Chief Inspector General in the

  4  Executive Office of the Governor and the Florida Commission on

  5  Human Relations Department of Legal Affairs to receive,

  6  review, and forward to appropriate agencies, legislative

  7  entities, or the Department of Law Enforcement disclosures of

  8  a violation of any law, rule, or regulation, or disclosures of

  9  gross mismanagement, malfeasance, misfeasance, nonfeasance,

10  neglect of duty, or gross waste of public funds.

11         6.  Review rules pertaining to personnel matters issued

12  or proposed by the Department of Management Services, the

13  Public Employees Relations Commission, and other agencies,

14  and, if the Florida Commission on Human Relations Public

15  Counsel finds that any rule or proposed rule, on its face or

16  as implemented, requires the commission of a prohibited

17  personnel practice, provide a written comment to the

18  appropriate agency.

19         7.  Investigate, request assistance from other

20  governmental entities, and, if appropriate, bring actions

21  concerning, allegations of retaliation by state agencies under

22  subparagraph 1.

23         8.  Administer oaths, examine witnesses, take

24  statements, issue subpoenas, order the taking of depositions,

25  order responses to written interrogatories, and make

26  appropriate motions to limit discovery, pursuant to

27  investigations under subparagraph 1.

28         9.  Intervene or otherwise participate, as a matter of

29  right, in any appeal or other proceeding arising under this

30  section before the Public Employees Relations Commission or

31  any other appropriate agency, except that the Florida


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  1  Commission on Human Relations Public Counsel must comply with

  2  the rules of the commission or other agency and may not seek

  3  corrective action or intervene in an appeal or other

  4  proceeding without the consent of the person protected under

  5  ss. 112.3187-112.31895.

  6         10.  Conduct an investigation, in the absence of an

  7  allegation, to determine whether reasonable grounds exist to

  8  believe that a prohibited action or a pattern of prohibited

  9  action has occurred, is occurring, or is to be taken.

10         (b)  Within 15 days after receiving a complaint that a

11  person has been discharged from employment allegedly for

12  disclosing protected information under s. 112.3187, the

13  Florida Commission on Human Relations Public Counsel shall

14  review the information and determine whether temporary

15  reinstatement is appropriate under s. 112.3187(9)(f). If the

16  Florida Commission on Human Relations Public Counsel so

17  determines, it he or she shall apply for an expedited order

18  from the appropriate agency or circuit court for the immediate

19  reinstatement of the employee who has been discharged

20  subsequent to the disclosure made under s. 112.3187, pending

21  the issuance of the final order on the complaint.

22         (c)  The Florida Commission on Human Relations Public

23  Counsel shall notify a complainant of the status of the

24  investigation and any action taken by the Public Counsel at

25  such times as the commission Public Counsel considers

26  appropriate.

27         (d)  The Public Counsel shall review the fact-finding

28  reports submitted by the Department of Legal Affairs and may

29  rely upon the findings and recommendations of those reports.

30         (d)(e)  If the Florida Commission on Human Relations

31  Public Counsel is unable to conciliate a complaint within 60


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  1  days after receipt of the fact-finding report, the Florida

  2  Commission on Human Relations Public Counsel shall terminate

  3  the investigation.  Upon termination of any investigation, the

  4  Florida Commission on Human Relations Public Counsel shall

  5  notify the complainant and the agency head of the termination

  6  of the investigation, providing a summary of relevant facts

  7  found during the investigation and the reasons for terminating

  8  the investigation.  A written statement under this paragraph

  9  is presumed admissible as evidence in any judicial or

10  administrative proceeding but is not admissible without the

11  consent of the complainant.

12         (e)(f)1.  The Florida Commission on Human Relations

13  Public Counsel may request an agency or circuit court to order

14  a stay, on such terms as the court requires, of any personnel

15  action for 45 days if the Florida Commission on Human

16  Relations Public Counsel determines that reasonable grounds

17  exist to believe that a prohibited personnel action has

18  occurred, is occurring, or is to be taken.  The Florida

19  Commission on Human Relations Public Counsel may request that

20  such stay be extended for appropriate periods of time.

21         2.  If, in connection with any investigation, the

22  Florida Commission on Human Relations Public Counsel

23  determines that reasonable grounds exist to believe that a

24  prohibited action has occurred, is occurring, or is to be

25  taken which requires corrective action, the Florida Commission

26  on Human Relations Public Counsel shall report the

27  determination together with any findings or recommendations to

28  the agency head and may report that determination and those

29  findings and recommendations to the Governor and the

30  Comptroller. The Florida Commission on Human Relations Public

31


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  1  Counsel may include in the report recommendations for

  2  corrective action to be taken.

  3         3.  If, after 20 days, the agency does not implement

  4  the recommended action, the Florida Commission on Human

  5  Relations Public Counsel shall terminate the investigation and

  6  notify the complainant of the right to appeal under subsection

  7  (4), or may petition the agency for corrective action under

  8  this subsection.

  9         4.  If the Florida Commission on Human Relations Public

10  Counsel finds, in consultation with the Department of Legal

11  Affairs or the individual subject to the prohibited action,

12  that the agency has implemented the corrective action, the

13  commission Public Counsel shall file such finding with the

14  agency head, together with any written comments that the

15  individual provides, and terminate the investigation.

16         (f)(g)  If the Florida Commission on Human Relations

17  Public Counsel finds that there are no reasonable grounds to

18  believe that a prohibited personnel action has occurred, is

19  occurring, or is to be taken, the commission he or she shall

20  terminate the investigation.

21         (g)(h)1.  If, in connection with any investigation

22  under this section, it is determined that reasonable grounds

23  exist to believe that a criminal violation has occurred which

24  has not been previously reported, the Florida Commission on

25  Human Relations Public Counsel shall report this determination

26  to the Department of Law Enforcement and to the state attorney

27  having jurisdiction over the matter.

28         2.  If an alleged criminal violation has been reported,

29  the Florida Commission on Human Relations Public Counsel shall

30  confer with the Department of Law Enforcement and the state

31  attorney before proceeding with the investigation of the


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  1  prohibited personnel action and may defer the investigation

  2  pending completion of the criminal investigation and

  3  proceedings.  The Florida Commission on Human Relations Public

  4  Counsel shall inform the complainant of the decision to defer

  5  the investigation and, if appropriate, of the confidentiality

  6  of the investigation.

  7         (h)(i)  If, in connection with any investigation under

  8  this section, the Florida Commission on Human Relations Public

  9  Counsel determines that reasonable grounds exist to believe

10  that a violation of a law, rule, or regulation has occurred,

11  other than a criminal violation or a prohibited action under

12  this section, the commission Public Counsel may report such

13  violation to the head of the agency involved.  Within 30 days

14  after the agency receives the report, the agency head shall

15  provide to the commission Public Counsel a certification that

16  states that the head of the agency has personally reviewed the

17  report and indicates what action has been or is to be taken

18  and when the action will be completed.

19         (i)(j)  During any investigation under this section,

20  disciplinary action may not be taken against any employee of a

21  state agency, as the term "state agency" is defined in s.

22  216.011, for reporting an alleged prohibited personnel action

23  that is under investigation, or for reporting any related

24  activity, or against any employee for participating in an

25  investigation without notifying the Florida Commission on

26  Human Relations Public Counsel.

27         (j)(k)  The Florida Commission on Human Relations

28  Public Counsel may also petition for an award of reasonable

29  attorney's fees and expenses from a state agency, as the term

30  "state agency" is defined in s. 216.011, pursuant to s.

31  112.3187(9).


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  1         (4)  RIGHT TO APPEAL.--

  2         (a)  Not more than 60 days after receipt of a notice of

  3  termination of the investigation from the Florida Commission

  4  on Human Relations Public Counsel, the complainant may file,

  5  with the Public Employees Relations Commission, a complaint

  6  against the employer-agency regarding the alleged prohibited

  7  personnel action.  The Public Employees Relations Commission

  8  shall have jurisdiction over such complaints under ss.

  9  112.3187 and 447.503(4) and (5).

10         (b)  Judicial review of any final order of the

11  commission shall be as provided in s. 120.68.

12         Section 23.  Section 985.401, Florida Statutes, 1998

13  Supplement, is amended to read:

14         985.401  Juvenile Justice Accountability Board.--

15         (1)  The Juvenile Justice Accountability Board shall be

16  composed of seven nine members appointed by the Governor.

17  Members of the board shall have direct experience and a strong

18  interest in juvenile justice issues. The authority to appoint

19  the board is allocated as follows:

20         (a)  Three members appointed by the Governor.

21         (b)  Three members appointed by the President of the

22  Senate.

23         (c)  Three members appointed by the Speaker of the

24  House of Representatives.

25         (2)(a)  A full term shall be 3 years, and the term for

26  each seat on the board commences on October 1 and expires on

27  September 30, without regard to the date of appointment.  Each

28  appointing authority shall appoint a member to fill one of the

29  three vacancies that occurs with the expiration of terms on

30  September 30 of each year. A member is not eligible for

31  appointment to more than two full, consecutive terms. A


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  1  vacancy on the board shall be filled within 60 days after the

  2  date on which the vacancy occurs.  The Governor appointing

  3  authority that made the original appointment shall make the

  4  appointment to fill a vacancy that occurs for any reason other

  5  than the expiration of a term, and the appointment shall be

  6  for the remainder of the unexpired term. For the purpose of

  7  implementing the provisions of this paragraph, vacancies that

  8  occur before October 1, 1999, shall not be filled until

  9  October 1, 1999, and the Governor shall make only one

10  appointment to fill the vacancies that result from expiration

11  of terms on September 30, 1999.

12         (b)  The composition of the board must be broadly

13  reflective of the public and must include minorities and

14  women. The term "minorities" as used in this paragraph means a

15  member of a socially or economically disadvantaged group and

16  includes African Americans, Hispanics, and American Indians.

17         (c)(b)  The board shall annually select a chairperson

18  from among its members.

19         (d)(c)  The board shall meet at least once each

20  quarter. A member may not authorize a designee to attend a

21  meeting of the board in place of the member. A member who

22  fails to attend two consecutive regularly scheduled meetings

23  of the board, unless the member is excused by the chairperson,

24  shall be deemed to have abandoned the position, and the

25  position shall be declared vacant by the board.

26         (3)(a)  The board members shall serve without

27  compensation, but are entitled to reimbursement for per diem

28  and travel expenses pursuant to s. 112.061.

29         (b)  The board shall appoint an executive director and

30  other personnel who are exempt from part II of chapter 110,

31  relating to the Career Service System.


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  1         (b)(c)  Effective July 1, 1999, the board and its staff

  2  are is assigned, for the purpose of general oversight, to the

  3  Department of Juvenile Justice Joint Legislative Auditing

  4  Committee. The board shall develop a budget pursuant to

  5  procedures established by the Joint Legislative Auditing

  6  Committee. For the purpose of implementing this paragraph, all

  7  of the duties and functions, records, personnel, property, and

  8  unexpended balances of appropriations, allocations, or other

  9  funds of the board are transferred to the Department of

10  Juvenile Justice. The transfer of segregated funds shall be

11  made in such a manner that the relation between program and

12  revenue source, as provided in law, is maintained.

13         (d)  The composition of the board shall be broadly

14  reflective of the public and shall include minorities and

15  women. The term "minorities" as used in this paragraph means a

16  member of a socially or economically disadvantaged group that

17  includes African Americans, Hispanics, and American Indians.

18  Members of the board shall have direct experience and a strong

19  interest in juvenile justice issues.

20         (4)(a)  The board shall establish and operate a

21  comprehensive system to annually measure and report program

22  outcomes and effectiveness for each program operated by the

23  Department of Juvenile Justice or operated by a provider under

24  contract with the department. The system shall include a

25  standard methodology for interpreting the board's outcome

26  evaluation reports, using, where appropriate, the

27  performance-based program budgeting measures approved by the

28  Legislature. The methodology must include:

29         1.  Common terminology and operational definitions for

30  measuring the performance of system administration, program

31  administration, program outputs, and client outcomes.


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  1         2.  Program outputs for each group of programs within

  2  each level of the juvenile justice continuum and specific

  3  program outputs for each program or program type.

  4         3.  Specification of desired client outcomes and

  5  methods by which to measure client outcomes for each program

  6  operated by the department or by a provider under contract

  7  with the department.

  8         4.  Recommended annual minimum thresholds of

  9  satisfactory performance for client outcomes and program

10  outputs.

11

12  For the purposes of this section, the term "program" or

13  "program type" means an individual state-operated or

14  contracted facility, site, or service delivered to at-risk or

15  delinquent youth as prescribed in a contract, program

16  description, or program services manual; and the term "program

17  group" means a collection of programs or program types with

18  sufficient similarity of function, services, and clientele to

19  permit appropriate comparisons among programs within the

20  program group.

21         (b)  In developing the standard methodology, the board

22  shall consult with the department, the Office Division of

23  Economic and Demographic Research, contract service providers,

24  and other interested parties. It is the intent of the

25  Legislature that this effort result in consensus

26  recommendations, and, to the greatest extent possible,

27  integrate the goals and legislatively approved measures of

28  performance-based program budgeting provided in chapter

29  94-249, Laws of Florida, the quality assurance program

30  provided in s. 985.412, and the cost-effectiveness model

31  provided in s. 985.404(11). The board shall notify the Office


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  1  of Program Policy Analysis and Government Accountability of

  2  any meetings to develop the methodology.

  3         (c)  The board shall annually submit its outcome

  4  evaluation report to the Secretary of the Department of

  5  Juvenile Justice, the Governor, and the Legislature by

  6  February 15, which must describe:

  7         1.  The methodology for interpreting outcome

  8  evaluations, including common terminology and operational

  9  definitions.

10         2.  The recommended minimum thresholds of satisfactory

11  performance for client outcomes and program outputs applicable

12  to the year for which the data are reported.

13         3.  The actual client outcomes and program outputs

14  achieved by each program operated by the department or by a

15  provider under contract with the department, compared with the

16  recommended minimum thresholds of satisfactory performance for

17  client outcomes and program outputs for the year under review.

18  The report shall group programs or program types with

19  similarity of function and services and make appropriate

20  comparisons between programs within the program group.

21         (d)  The board shall use its evaluation research to

22  make advisory recommendations to the Legislature, the

23  Governor, and the department concerning the effectiveness and

24  future funding priorities of juvenile justice programs.

25         (e)  The board shall annually review and revise the

26  methodology as necessary to ensure the continuing improvement

27  and validity of the evaluation process.

28         (5)  The board shall:

29         (a)  Review and recommend programmatic and fiscal

30  policies governing the operation of programs, services, and

31


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  1  facilities for which the Department of Juvenile Justice is

  2  responsible.

  3         (b)  Monitor the development and implementation of

  4  long-range juvenile justice policies, including prevention,

  5  early intervention, diversion, adjudication, and commitment.

  6         (c)  Monitor all activities of the executive and

  7  judicial branch and their effectiveness in implementing

  8  policies pursuant to this chapter.

  9         (d)  Advise the President of the Senate, the Speaker of

10  the House of Representatives, the Governor, and the department

11  on matters relating to this chapter.

12         (e)  In coordination with the Department of Juvenile

13  Justice, serve as a clearinghouse to provide information and

14  assistance to the district juvenile justice boards and county

15  juvenile justice councils.

16         (f)  Hold public hearings and inform the public of

17  activities of the board and of the Department of Juvenile

18  Justice, as appropriate.

19         (g)  Monitor the delivery and use of services,

20  programs, or facilities operated, funded, regulated, or

21  licensed by the Department of Juvenile Justice for juvenile

22  offenders or alleged juvenile offenders, and for prevention,

23  diversion, or early intervention of delinquency, and to

24  develop programs to educate the citizenry about such services,

25  programs, and facilities and about the need and procedure for

26  siting new facilities.

27         (h)  Contract for consultants as necessary and

28  appropriate. The board may apply for and receive grants for

29  the purposes of conducting research and evaluation activities.

30         (h)(i)  Conduct such other activities as the board may

31  determine are necessary and appropriate to monitor the


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  1  effectiveness of the delivery of juvenile justice programs and

  2  services under this chapter.

  3         (i)(j)  The board shall Submit an annual report to the

  4  President of the Senate, the Speaker of the House of

  5  Representatives, the Governor, and the secretary of the

  6  department not later than February 15 of each calendar year,

  7  summarizing the activities and reports of the board for the

  8  preceding year, and any recommendations of the board for the

  9  following year.

10         (6)  Each state agency shall provide assistance when

11  requested by the board.  The board shall have access to all

12  records, files, and reports that are material to its duties

13  and that are in the custody of a school board, a law

14  enforcement agency, a state attorney, a public defender, the

15  court, the Department of Children and Family Services, and the

16  department.

17         (7)  Unless reenacted by the Legislature, this section

18  expires June 30, 2001.

19         Section 24.  Section 218.502, Florida Statutes, is

20  amended to read:

21         218.502  Definition.--As used in ss. 218.50-218.504,

22  the term "local governmental entity" means a county,

23  municipality, or special district, or district school board.

24         Section 25.  Subsection (4) of section 284.50,

25  paragraph (f) of subsection (1) of section 475.045, and

26  section 985.07, Florida Statutes, are repealed.

27         Section 26.  Subsection (13) is added to section

28  760.06, Florida Statutes, to read:

29         760.06  Powers of the commission.--Within the

30  limitations provided by law, the commission shall have the

31  following powers:


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  1         (13)  To receive complaints and coordinate all

  2  activities as required by the Whistle-blower's Act pursuant to

  3  ss. 112.3187-112.31895.

  4         Section 27.  This act shall take effect July 1, 1999.

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