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
2
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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.
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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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