House Bill hb1197e1

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




                                          HB 1197, First Engrossed



  1                      A bill to be entitled

  2         An act relating to legislative oversight of

  3         governmental programs; amending s. 11.40, F.S.;

  4         authorizing the Legislative Auditing Committee

  5         to direct the Auditor General and the Office of

  6         Program Policy Analysis and Government

  7         Accountability to conduct audits, reviews, and

  8         examinations of certain entities; authorizing

  9         the Legislative Auditing Committee to conduct

10         investigations; authorizing the Legislative

11         Auditing Committee to hold hearings; amending

12         s. 11.42, F.S.; revising the requirements to

13         become Auditor General; transferring report

14         requirement; revising the employment

15         restrictions for employees of the Auditor

16         General; exempting the Auditor General from

17         certain provisions; amending s. 11.45, F.S.;

18         revising definitions; providing for duties of

19         the Auditor General; transferring certain

20         district school board authority; transferring

21         the requirement that a charter school provide

22         for an annual financial audit; transferring the

23         requirement that certain district school boards

24         have certain financial audits; providing for

25         authority of the Auditor General; providing for

26         scheduling and staffing of audits conducted by

27         the Auditor General; requiring the Legislative

28         Auditing Committee to direct an audit of a

29         municipality by the Auditor General under

30         certain circumstances; authorizing a local

31         governmental entity to request an audit by the


                                  1

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






                                          HB 1197, First Engrossed



  1         Auditor General; transferring the requirement

  2         that the Office of Program Policy Analysis and

  3         Government Accountability maintain a schedule

  4         of performance audits; deleting the requirement

  5         that the Office of Program Policy Analysis and

  6         Government Accountability identify and comment

  7         upon certain alternatives in conducting a

  8         performance audit; transferring a report

  9         distribution requirement; transferring the

10         annual financial auditing provisions related to

11         local governmental entities; transferring the

12         auditor selection procedures for local

13         governmental entities, district school boards,

14         and charter schools; transferring the penalty

15         provisions for failure to file an annual

16         financial audit; providing for Auditor General

17         reporting requirements; transferring the

18         penalty provisions for failure by a local

19         governmental entity to pay for the cost of an

20         audit by the Auditor General; transferring the

21         Legislative Auditing Committee's authority to

22         conduct investigations; deleting the content

23         required within an audit report issued by the

24         Auditor General; deleting the requirement that

25         an agency head must file a report; deleting a

26         report issued by the Auditor General and the

27         Office of Program Policy Analysis and

28         Government Accountability; transferring the

29         authority for district school boards and

30         district boards of trustees of community

31         colleges for performance audits and financial


                                  2

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






                                          HB 1197, First Engrossed



  1         audits; amending s. 11.47, F.S.; requiring

  2         certain officers to provide the Office of

  3         Program Policy Analysis and Government

  4         Accountability with information; requiring the

  5         staff of the Office of Program Policy Analysis

  6         and Government Accountability to make proper

  7         examinations; providing criminal penalties for

  8         false reports; providing penalties for persons

  9         who fail to provide the Office of Program

10         Policy Analysis and Government Accountability

11         with records; amending s. 11.51, F.S.;

12         redefining the duties of the office;

13         eliminating the provision requiring the Auditor

14         General to provide administrative support for

15         the office; requiring the office to maintain a

16         schedule of examinations; providing authority

17         to the office to examine certain programs;

18         requiring the office to deliver preliminary

19         findings; providing deadlines for responses to

20         preliminary findings; requiring the office to

21         conduct followup reports; amending s. 11.511,

22         F.S.; redefining the duties of the director of

23         the Office of Program Policy Analysis and

24         Government Accountability; revising employment

25         restrictions for the office staff; providing

26         for postponement of examinations; amending s.

27         11.513, F.S.; correcting cross references;

28         transferring the authority of the Legislative

29         Auditing Committee; transferring and rewording

30         the authority of the director of the Office of

31         Program Policy Analysis and Government


                                  3

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






                                          HB 1197, First Engrossed



  1         Accountability to postpone projects; amending

  2         ss. 14.29, 20.2551, 288.1226, 320.08058, and

  3         943.2569, F.S.; providing for audits of

  4         programs; amending s. 20.055, F.S.;

  5         transferring the review of state agencies'

  6         internal audit reports conducted by the Auditor

  7         General; providing responsibilities to

  8         agencies' inspectors general; amending ss.

  9         24.105, 39.202, 119.07, 195.084, 213.053,

10         944.719, and 948.15, F.S.; providing authority

11         to the Office of Program Policy Analysis and

12         Government Accountability to access

13         confidential records; amending s. 24.120, F.S.;

14         requiring the Department of the Lottery to

15         provide access to the facilities of the

16         department to the Office of Program Policy

17         Analysis and Government Accountability;

18         amending s. 27.3455, F.S.; deleting a reporting

19         requirement; correcting cross references;

20         amending ss. 30.51, 116.07, 122.03, 122.08,

21         145.022, 145.14, 154.331, 206.60, 212.08,

22         290.0056, 403.864, 657.008, and 946.31, F.S.;

23         deleting obsolete provisions; amending ss.

24         110.109, 216.177, 216.178, 216.292, 334.0445,

25         and 985.311, F.S.; designating the Office of

26         Program Policy Analysis and Government

27         Accountability as a recipient of information;

28         amending s. 112.313, F.S.; expanding the

29         definition of employees subject to

30         postemployment restrictions to include the

31         director of the Office of Program Policy


                                  4

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






                                          HB 1197, First Engrossed



  1         Analysis and Government Accountability;

  2         amending s. 112.324, F.S.; expanding the list

  3         of persons subject to consequences regarding a

  4         breach of public trust to include the director

  5         and staff of the Office of Program Policy

  6         Analysis and Government Accountability;

  7         amending ss. 112.63, 175.261, 185.221,

  8         189.4035, 189.412, 189.418, 189.419, 215.94,

  9         230.23025, and 311.07, F.S.; correcting cross

10         references; amending s. 125.01, F.S.; deleting

11         a requirement that the Auditor General retain

12         county audit reports for a specific period of

13         time; amending s. 125.0104, F.S.; providing for

14         reimposition of a tourist development tax

15         without referendum approval under certain

16         conditions; amending ss. 154.11, 253.025, and

17         259.041, F.S.; revising provisions related to

18         the Auditor General; amending s. 163.356, F.S.;

19         deleting the Auditor General from the list of

20         entities receiving a report from a community

21         redevelopment agency; amending s. 189.428,

22         F.S.; revising the criteria to be utilized by a

23         local government conducting an oversight review

24         of a special district; amending ss. 193.074 and

25         196.101, F.S.; requiring the Office of Program

26         Policy Analysis and Government Accountability

27         to maintain confidentiality of records;

28         amending ss. 195.096, 228.056, 228.505, 455.32,

29         and 471.038, F.S.; revising provisions related

30         to certain audits; amending s. 215.44, F.S.;

31         deleting the requirement that the Auditor


                                  5

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






                                          HB 1197, First Engrossed



  1         General annually audit the State Board of

  2         Administration; revising provisions related to

  3         an examination by the Office of Program Policy

  4         Analysis and Government Accountability;

  5         creating s. 215.86, F.S.; providing for

  6         management systems and controls for state

  7         agencies; creating s. 215.98, F.S.; providing

  8         for audits of direct-support organizations and

  9         citizen support organizations; amending ss.

10         229.8021, 237.40, 240.299, 240.2995, 240.331,

11         240.3315, 240.5285, 240.711, 250.115, 266.0018,

12         267.17, 288.1229, 288.809, 372.0215, 413.615,

13         413.87, 446.609, 944.802, 960.002, and

14         985.4145, F.S.; providing for audits of

15         direct-support organizations and citizen

16         support organizations; amending s. 218.31,

17         F.S.; providing additional definitions;

18         amending s. 218.32, F.S.; providing that

19         certain entities file an audit report with the

20         Department of Banking and Finance; correcting a

21         cross reference; providing for the Department

22         of Banking and Finance to prescribe the format

23         of local governmental entities that are

24         required to provide for certain audits;

25         transferring the penalty provisions relating to

26         failure of a local governmental entity to file

27         an annual financial report with the Department

28         of Banking and Finance; amending s. 218.33,

29         F.S.; revising provisions related to the

30         establishment of uniform accounting practices

31         and procedures; amending s. 218.38, F.S.;


                                  6

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






                                          HB 1197, First Engrossed



  1         transferring penalty provisions for failure to

  2         verify or provide information to the Division

  3         of Bond Finance within the State Board of

  4         Administration; creating s. 218.39, F.S.;

  5         providing for audits of local governmental

  6         entities, district school boards, charter

  7         schools, and charter technical career centers;

  8         providing for the format of county audits;

  9         authorizing dependent special districts to be

10         included within the audit of a county or

11         municipality; prohibiting an independent

12         special district from being included within the

13         audit of a county or municipality; providing

14         for a management letter within each audit

15         report; providing for discussion of the

16         auditor's findings and recommendations;

17         providing for a response to the auditor's

18         findings and recommendations; requiring that a

19         predecessor auditor of a district school board

20         provide the Auditor General with access to the

21         prior year's working papers; requiring certain

22         audits to be conducted in accordance with rules

23         adopted by the Auditor General; creating s.

24         218.391, F.S.; providing for auditor selection

25         procedures; amending s. 218.415, F.S.;

26         correcting a cross reference; transferring

27         responsibilities of the Auditor General;

28         transferring penalty provisions; amending s.

29         228.093, F.S.; providing authority to the

30         Office of Program Policy Analysis and

31         Government Accountability to access records;


                                  7

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






                                          HB 1197, First Engrossed



  1         requiring the Office of Program Policy Analysis

  2         and Government Accountability to maintain

  3         confidentiality of records; requiring the

  4         office to destroy personally identifiable data

  5         under certain circumstances; amending s.

  6         230.23, F.S.; authorizing school boards to

  7         employ an internal auditor; authorizing school

  8         boards to hire independent certified public

  9         accountants; amending s. 240.214, F.S.;

10         clarifying that accountability reports are to

11         be designed in consultation with the Office of

12         Program Policy Analysis and Government

13         Accountability; amending s. 240.311, F.S.;

14         providing authority to the Office of Program

15         Policy Analysis and Government Accountability

16         to require and receive supplemental data;

17         creating s. 240.3631, F.S.; authorizing

18         district boards of trustees of community

19         colleges to hire an independent certified

20         public accountant to conduct audits; amending

21         s. 240.512, F.S.; providing authority to the

22         Office of Program Policy Analysis and

23         Government Accountability to require and

24         receive supplemental data; providing authority

25         to the Office of Program Policy Analysis and

26         Government Accountability to access

27         confidential records; requiring the office to

28         maintain confidentiality; amending s. 240.551,

29         F.S.; providing for audits of direct-support

30         organizations; deleting a paragraph which

31         provides for audits of direct-support


                                  8

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






                                          HB 1197, First Engrossed



  1         organizations; amending ss. 240.609, 288.9517,

  2         296.17, 296.41, 403.1826, 550.125, 601.15, and

  3         744.708, F.S.; providing authority to the

  4         Office of Program Policy Analysis and

  5         Government Accountability to examine programs;

  6         amending s. 290.015, F.S.; providing

  7         responsibilities to the Office of Program

  8         Policy Analysis and Government Accountability

  9         regarding the Florida Enterprise Zone Act of

10         1994; amending ss. 320.023, 320.08062, and

11         322.081, F.S.; deleting provisions related to

12         audits of certain organizations; requiring

13         annual attestations of certain organizations;

14         transferring the Auditor General's authority to

15         conduct audits; amending s. 339.406, F.S.;

16         revising provisions related to audits of

17         transportation corporations; providing the

18         Department of Transportation and the Auditor

19         General with the authority to conduct audits of

20         transportation corporations; amending s.

21         365.171, F.S.; revising the provision related

22         to auditing the 911 fees; correcting a cross

23         reference; amending s. 373.45926, F.S.;

24         replacing certain terms; amending s. 373.507,

25         F.S.; deleting an obsolete provision;

26         correcting a cross reference; providing for the

27         distribution of audits of water management

28         districts; amending ss. 402.73, 411.01, and

29         413.88, F.S.; deleting provisions related to an

30         audit by the Auditor General; amending s.

31         403.8532, F.S.; replacing certain terms;


                                  9

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






                                          HB 1197, First Engrossed



  1         amending s. 411.221, F.S.; adding reports

  2         issued by the Office of Program Policy Analysis

  3         and Government Accountability to the

  4         information considered in strategic plan

  5         revisions; amending s. 570.903, F.S.;

  6         transferring the authority for certain

  7         direct-support organizations to conduct

  8         business; providing for audits of

  9         direct-support organizations; amending s.

10         616.263, F.S.; providing the Auditor General

11         with the authority to conduct audits; amending

12         s. 943.25, F.S.; providing for the conduct of

13         audits of the criminal justice trust fund;

14         amending s. 944.512, F.S.; providing that

15         certain costs are to be certified by a

16         prosecuting attorney and an imprisoning entity

17         and subject to review by the Auditor General;

18         amending s. 957.07, F.S.; providing

19         responsibilities for the Department of

20         Corrections and the Auditor General; amending

21         ss. 957.11 and 985.416, F.S.; transferring

22         duties from the Auditor General to the Office

23         of Program Policy Analysis and Government

24         Accountability; repealing s. 11.149, F.S.,

25         relating to nonapplication of certain

26         provisions to the Legislative Auditing

27         Committee or the Auditor General; repealing s.

28         11.46, F.S., relating to accounting procedures;

29         repealing s. 125.901(2)(e), F.S., relating to

30         audits of independent special districts related

31         to children's services; repealing ss.


                                  10

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






                                          HB 1197, First Engrossed



  1         215.56005(2)(l), 216.2815, 228.053(11),

  2         228.082(6), 253.037(3), 288.906(2), 288.9616,

  3         298.65, 348.69, 374.987(3), 380.510(8),

  4         400.335, 403.1837(14), 440.49(14)(i), and

  5         517.1204(14), F.S., relating to authority of

  6         the Auditor General to conduct audits;

  7         repealing s. 218.415(23), F.S., relating to

  8         local government investments; repealing s.

  9         265.607, F.S., relating to audits of local

10         cultural sponsoring organizations; repealing s.

11         331.419(3), F.S.; deleting obsolete provisions;

12         repealing s. 339.413, F.S., relating to audits

13         of transportation corporations; repealing s.

14         373.589, F.S., relating to audits of water

15         management districts; repealing s. 388.331,

16         F.S., relating to audits of mosquito control

17         districts and mosquito control programs;

18         repealing ss. 570.912, 581.195, 589.013, and

19         590.612, F.S., relating to direct support

20         organizations within the Department of

21         Agriculture; amending s. 189.4042, F.S.;

22         providing that an inactive independent special

23         district that was created by a county or

24         municipality through a referendum may be

25         dissolved by the county or municipality after

26         publication of notice as required for the

27         declaration of the inactive status of a special

28         district; amending s. 189.4044, F.S.; reducing

29         the number of weeks such notice of declaration

30         of inactive status must be published; amending

31         s. 189.418, F.S.; providing that a dependent


                                  11

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






                                          HB 1197, First Engrossed



  1         special district may only be budgeted

  2         separately with concurrence of the local

  3         governing authority upon which said dependent

  4         special district is dependent; deleting a

  5         requirement that the proposed budget of an

  6         independent special district located in one

  7         county be filed with the county; deleting

  8         requirements for each special district to file

  9         certain reports, information, and audits with

10         the local governing authority; amending s.

11         189.419, F.S., to conform; amending s. 189.429,

12         F.S.; providing the effect of the reenactment

13         of existing law pursuant to the required

14         codification of a special district charter;

15         repealing s. 218.34, F.S.; providing an

16         effective date.

17

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

19

20         Section 1.  Subsections (3), (4), and (5) are added to

21  section 11.40, Florida Statutes, to read:

22         11.40  Legislative Auditing Committee.--

23         (3)  The Legislative Auditing Committee may direct the

24  Auditor General or the Office of Program Policy Analysis and

25  Government Accountability to conduct an audit, review, or

26  examination of any entity or record described in s. 11.45(2)

27  or (3).

28         (4)  The Legislative Auditing Committee may take under

29  investigation any matter within the scope of an audit, review,

30  or examination either completed or then being conducted by the

31  Auditor General or the Office of Program Policy Analysis and


                                  12

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






                                          HB 1197, First Engrossed



  1  Government Accountability, and, in connection with such

  2  investigation, may exercise the powers of subpoena by law

  3  vested in a standing committee of the Legislature.

  4         (5)  Following notification by the Auditor General, the

  5  Department of Banking and Finance, or the Division of Bond

  6  Finance of the State Board of Administration of the failure of

  7  a local governmental entity, district school board, charter

  8  school, or charter technical career center to comply with the

  9  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or

10  s. 218.38, the Legislative Auditing Committee may schedule a

11  hearing. If a hearing is scheduled, the committee shall

12  determine if the entity should be subject to further state

13  action.  If the committee determines that the entity should be

14  subject to further state action, the committee shall:

15         (a)  In the case of a local governmental entity or

16  district school board, request the Department of Revenue and

17  the Department of Banking and Finance to withhold any funds

18  not pledged for bond debt service satisfaction which are

19  payable to such entity until the entity complies with the law.

20  The committee, in its request, shall specify the date such

21  action shall begin, and the request must be received by the

22  Department of Revenue and the Department of Banking and

23  Finance 30 days before the date of the distribution mandated

24  by law. The Department of Revenue and the Department of

25  Banking and Finance are authorized to implement the provisions

26  of this paragraph.

27         (b)  In the case of a special district, notify the

28  Department of Community Affairs that the special district has

29  failed to comply with the law. Upon receipt of notification,

30  the Department of Community Affairs shall proceed pursuant to

31  the provisions specified in ss. 189.421 and 189.422.


                                  13

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






                                          HB 1197, First Engrossed



  1         (c)  In the case of a charter school or charter

  2  technical career center, notify the appropriate sponsoring

  3  entity, which may terminate the charter pursuant to ss.

  4  228.056 and 228.505.

  5         Section 2.  Subsections (2), (6), and (8) of section

  6  11.42, Florida Statutes, are amended, and subsection (9) is

  7  added to said section, to read:

  8         11.42  The Auditor General.--

  9         (2)  The Auditor General shall be appointed to office

10  to serve at the pleasure of the Legislature, by a majority

11  vote of the members of the Legislative Auditing Committee,

12  subject to confirmation by both houses of the Legislature.  At

13  the time of her or his appointment, the Auditor General shall

14  have been certified under the Public Accountancy Law in this

15  state for a period of at least 10 years and shall have had not

16  less than 10 years' experience in an accounting or auditing

17  related field a governmental agency or 10 years' experience in

18  the private sector or a combination of 10 years' experience in

19  government and the private sector.  Vacancies in the office

20  shall be filled in the same manner as the original

21  appointment.

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

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

24  eliminate unnecessary traveling the Auditor General may

25  establish field offices located outside the state capital

26  divisions and assign auditors to each division and determine

27  their duties and the areas of the state to be served by the

28  respective divisions. The Auditor General shall be provided

29  with adequate quarters to carry out the position's functions

30  in the state capital and in other areas of the state.

31


                                  14

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






                                          HB 1197, First Engrossed



  1         (b)  All payrolls and vouchers for the operations of

  2  the Auditor General's office shall be submitted directly to

  3  the Comptroller and, if found to be correct, payments state

  4  warrants shall be issued therefor.

  5         (c)  The Auditor General shall transmit to the

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

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

  8  and fiscal changes recommended by audit reports. The

  9  recommendations should be presented in two categories: one

10  addressing substantive law and policy issues and the other

11  addressing budget issues. The Auditor General may also

12  transmit recommendations at other times of the year when the

13  information would be timely and useful for the Legislature.

14         (8)  No officer or salaried full-time employee of the

15  office of Auditor General shall actively engage in any other

16  business or profession; serve as the representative of any

17  political party or on any executive committee or other

18  governing body thereof; serve as an executive, officer, or

19  employee of any political party committee, organization, or

20  association; or be engaged on behalf of any candidate for

21  public office in the solicitation of votes or other activities

22  in behalf of such candidacy. Neither the Auditor General nor

23  any employee of the Auditor General may shall become a

24  candidate for election to public office unless she or he shall

25  first resigns resign from office or employment. No officer or

26  salaried employee of the Auditor General shall actively engage

27  in any other business or profession or be otherwise employed

28  without the prior written permission of the Auditor General.

29         (9)  Sections 11.25(1) and 11.26 shall not apply to the

30  Auditor General.

31


                                  15

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






                                          HB 1197, First Engrossed



  1         Section 3.  Section 11.45, Florida Statutes, is amended

  2  to read:

  3         11.45  Definitions; duties; authorities audits;

  4  reports; rules.--

  5         (1)  DEFINITIONS.--As used in ss. 11.40-11.515 this

  6  section, the term:

  7         (a)  "Audit" means a financial audit, operational

  8  audit, or performance audit.

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

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

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

12  including that of a consolidated or metropolitan government, a

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

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

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

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

17  law separately placed. Each county agency is a local

18  governmental entity for purposes of subparagraph (3)(a)5.

19         (c)(b)  "Financial audit" means an examination of

20  financial statements in order to express an opinion on the

21  fairness with which they are presented present financial

22  position, results of operations, and changes in financial

23  position in conformity with generally accepted accounting

24  principles and an examination to determine whether operations

25  are properly conducted in accordance with legal and regulatory

26  requirements. Financial audits must be conducted in accordance

27  with generally accepted auditing standards and government

28  governmental auditing standards as adopted by the Board of

29  Accountancy.

30         (d)(c)  "Governmental entity" means a state agency, a

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


                                  16

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






                                          HB 1197, First Engrossed



  1  independently exercises any type of state or local

  2  governmental function.

  3         (e)(d)  "Local governmental entity" means a county

  4  agency, municipality, or special district as defined in s.

  5  189.403, but does not include any housing authority

  6  established under chapter 421.

  7         (f)(e)  "Management letter" means a statement of the

  8  auditor's comments and recommendations.

  9         (g)(f)  "Operational audit" means a financial-related

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

11  administering assigned responsibilities in accordance with

12  applicable laws, administrative rules, and other guidelines

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

14  designed and placed in operation, promotes and encourages the

15  achievement of management's control objectives in the

16  categories of compliance, economic and efficient operations,

17  reliability of financial records and reports, and safeguarding

18  of assets.

19         (h)(g)  "Performance audit" means an examination of a

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

21  conducted in accordance with applicable government auditing

22  standards or auditing and evaluation standards of other

23  appropriate authoritative bodies. The term includes an

24  examination of issues related to:

25         1.  Economy, efficiency, or effectiveness of the

26  program.

27         2.  Structure or design of the program to accomplish

28  its goals and objectives.

29         3.  Adequacy of the program to meet the needs

30  identified by the Legislature or governing body.

31


                                  17

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






                                          HB 1197, First Engrossed



  1         4.  Alternative methods of providing program services

  2  or products.

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

  4  the agency to monitor and report program accomplishments.

  5         6.  The accuracy or adequacy of public documents,

  6  reports, or requests prepared under the program by state

  7  agencies.

  8         7.  Compliance of the program with appropriate

  9  policies, rules, or laws.

10         8.  Any other issues related to governmental entities

11  as directed by the Legislative Auditing Committee.

12         (i)(h)  "Political subdivision" means a separate agency

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

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

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

16  commission, consolidated government, county, department,

17  district, institution, metropolitan government, municipality,

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

19         (j)(i)  "State agency" means a separate agency or unit

20  of state government created or established by law and

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

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

23  commission, department, division, institution, office,

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

25  such agency or unit other than the Florida Public Service

26  Commission within the legislative branch of state government

27  other than the Florida Public Service Commission.

28         (2)  DUTIES.--The Auditor General shall:

29         (a)  Conduct make financial audits and performance

30  audits of public records and perform related duties as

31  prescribed by law, or concurrent resolution of the


                                  18

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






                                          HB 1197, First Engrossed



  1  Legislature, or as directed. The Auditor General shall perform

  2  his or her duties independently but under the general policies

  3  established by the Legislative Auditing Committee.

  4         (b)  Annually conduct a financial audit of state

  5  government.

  6         (c)  Annually conduct financial audits of all

  7  universities and district boards of trustees of community

  8  colleges.

  9         (d)  Annually conduct financial audits of the accounts

10  and records of all district school boards in counties with

11  populations of fewer than 125,000, according to the most

12  recent federal decennial statewide census.

13         (e)  Annually conduct an audit of the Wireless

14  Emergency Telephone System Fund as described in s. 365.173.

15         (f)  At least every 2 years, conduct operational audits

16  of the accounts and records of state agencies and

17  universities. In connection with these audits, the Auditor

18  General shall give appropriate consideration to reports issued

19  by state agencies' inspectors general or universities'

20  inspectors general and the resolution of findings therein.

21         (g)  At least every 2 years, conduct a performance

22  audit of the local government financial reporting system,

23  which, for the purpose of this chapter, means any statutory

24  provisions related to local government financial reporting.

25  The purpose of such an audit is to determine the accuracy,

26  efficiency, and effectiveness of the reporting system in

27  achieving its goals and to make recommendations to the local

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

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

30  reduced. The local government financial reporting system

31  should provide for the timely, accurate, uniform, and


                                  19

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






                                          HB 1197, First Engrossed



  1  cost-effective accumulation of financial and other information

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

  3  appropriate officials to accomplish the following goals:

  4         1.  Enhance citizen participation in local government;

  5         2.  Improve the financial condition of local

  6  governments;

  7         3.  Provide essential government services in an

  8  efficient and effective manner; and

  9         4.  Improve decisionmaking on the part of the

10  Legislature, state agencies, and local government officials on

11  matters relating to local government.

12         (h)  Once every 3 years, conduct performance audits of

13  the Department of Revenue's administration of the ad valorem

14  tax laws as described in s. 195.096.

15         (i)  Once every 3 years, conduct financial audits of

16  the accounts and records of all district school boards in

17  counties with populations of 125,000 or more, according to the

18  most recent federal decennial statewide census.

19         (j)  Once every 3 years, review a sample of each state

20  agency's internal audit reports to determine compliance with

21  current Standards for the Professional Practice of Internal

22  Auditing or, if appropriate, government auditing standards.

23         (k)  Conduct audits of local governmental entities when

24  determined to be necessary by the Auditor General, when

25  directed by the Legislative Auditing Committee, or when

26  otherwise required by law. No later than 18 months after the

27  release of the audit report, the Auditor General shall perform

28  such appropriate followup procedures as he or she deems

29  necessary to determine the audited entity's progress in

30  addressing the findings and recommendations contained within

31  the Auditor General's previous report. The Auditor General


                                  20

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






                                          HB 1197, First Engrossed



  1  shall provide a copy of his or her determination to each

  2  member of the audited entity's governing body and to the

  3  Legislative Auditing Committee.

  4

  5  The Auditor General shall perform his or her duties

  6  independently but under the general policies established by

  7  the Legislative Auditing Committee. This subsection does not

  8  limit the Auditor General's discretionary authority to conduct

  9  other audits or engagements of governmental entities as

10  authorized in subsection (3).

11         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--

12         (a)1.  The Auditor General shall annually make

13  financial audits of the accounts and records of all state

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

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

16  according to the most recent federal decennial statewide

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

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

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

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

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

22  audits of the accounts and records of all district school

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

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

25  financial audit, each district school board shall contract for

26  an independent certified public accountant to perform a

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

28  does not limit the Auditor General's discretionary authority

29  to conduct performance audits of these governmental entities

30  as authorized in subparagraph 3. A district school board may

31  select an independent certified public accountant to perform a


                                  21

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






                                          HB 1197, First Engrossed



  1  financial audit as defined in paragraph (1)(b) notwithstanding

  2  the notification provisions of this section. In addition, a

  3  district school board may employ an internal auditor to

  4  perform ongoing financial verification of the financial

  5  records of a school district, who must report directly to the

  6  district school board or its designee. The Auditor General

  7  shall, at a minimum, provide to the successor independent

  8  certified public accountant of a district school board the

  9  prior year's working papers, including documentation of

10  planning, internal control, audit results, and other matters

11  of continuing accounting and auditing significance, such as

12  the working paper analysis of balance sheet accounts and those

13  relating to contingencies.

14         2.  Each charter school established under s. 228.056

15  shall have an annual financial audit of its accounts and

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

17  year by an independent certified public accountant retained by

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

19  accountant who is selected to perform an annual financial

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

21  report to the district school board, the Department of

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

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

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

25  authority or at the direction of the Joint Legislative

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

27         3.  The Auditor General may pursuant to his or her own

28  authority, or at the direction of the Legislative Auditing

29  Committee, conduct at any time make financial audits and

30  performance audits or other engagements as determined

31  appropriate by the Auditor General of:


                                  22

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






                                          HB 1197, First Engrossed



  1         1.  The accounts and records of any all governmental

  2  entity entities created or established by pursuant to law.

  3         2.  The information technology programs, activities,

  4  functions, or systems of any governmental entity created or

  5  established by law.

  6         3.  The accounts and records of any charter school

  7  created or established by law.

  8         4.  The accounts and records of any direct-support

  9  organization or citizen support organization created or

10  established by law. The Auditor General is authorized to

11  require and receive any records from the direct-support

12  organization or citizen support organization, or from its

13  independent auditor.

14         5.  The public records associated with any

15  appropriation made by the General Appropriations Act to a

16  nongovernmental agency, corporation, or person. All records of

17  a nongovernmental agency, corporation, or person with respect

18  to the receipt and expenditure of such an appropriation shall

19  be public records and shall be treated in the same manner as

20  other public records are under general law.

21         6.  State financial assistance provided to any nonstate

22  entity.

23         7.  The Tobacco Settlement Financing Corporation

24  created pursuant to s. 215.56005.

25         8.  The Florida On-Line High School created pursuant to

26  s. 228.082.

27         9.  Any purchases of federal surplus lands for use as

28  sites for correctional facilities as described in s. 253.037.

29         10.  Enterprise Florida, Inc., including any of its

30  boards, advisory committees, or similar groups created by

31  Enterprise Florida, Inc., and programs.  The audit report may


                                  23

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






                                          HB 1197, First Engrossed



  1  not reveal the identity of any person who has anonymously made

  2  a donation to Enterprise Florida, Inc., pursuant to this

  3  subparagraph. The identity of a donor or prospective donor to

  4  Enterprise Florida, Inc., who desires to remain anonymous and

  5  all information identifying such donor or prospective donor

  6  are confidential and exempt from the provisions of s.

  7  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

  8  anonymity shall be maintained in the auditor's report.

  9         11.  The Florida Development Finance Corporation or the

10  capital development board or the programs or entities created

11  by the board. The audit or report may not reveal the identity

12  of any person who has anonymously made a donation to the board

13  pursuant to this subparagraph. The identity of a donor or

14  prospective donor to the board who desires to remain anonymous

15  and all information identifying such donor or prospective

16  donor are confidential and exempt from the provisions of s.

17  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

18  anonymity shall be maintained in the auditor's report.

19         12.  The records pertaining to the use of funds from

20  voluntary contributions on a motor vehicle registration

21  application or on a driver's license application authorized

22  pursuant to ss. 320.023 and 322.081.

23         13.  The records pertaining to the use of funds from

24  the sale of specialty license plates described in chapter 320.

25         14.  The transportation corporations under contract

26  with the Department of Transportation that are acting on

27  behalf of the state to secure and obtain rights-of-way for

28  urgently needed transportation systems and to assist in the

29  planning and design of such systems pursuant to ss.

30  339.401-339.421.

31


                                  24

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






                                          HB 1197, First Engrossed



  1         15.  The acquisitions and divestitures related to the

  2  Florida Communities Trust Program created pursuant to chapter

  3  380.

  4         16.  The Florida Water Pollution Control Financing

  5  Corporation created pursuant to s. 403.1837.

  6         17.  The Florida Partnership for School Readiness

  7  created pursuant to s. 411.01.

  8         18.  The Occupational Access and Opportunity Commission

  9  created pursuant to s. 413.83.

10         19.  The Florida Special Disability Trust Fund

11  Financing Corporation created pursuant to s. 440.49.

12         20.  Workforce Florida, Inc., or the programs or

13  entities created by Workforce Florida, Inc., created pursuant

14  to s. 445.004.

15         21.  The corporation defined in s. 455.32 that is under

16  contract with the Department of Business and Professional

17  Regulation to provide administrative, investigative,

18  examination, licensing, and prosecutorial support services in

19  accordance with the provisions of s. 455.32 and the practice

20  act of the relevant profession.

21         22.  The Florida Engineers Management Corporation

22  created pursuant to chapter 471.

23         23.  The Investment Fraud Restoration Financing

24  Corporation created pursuant to chapter 517.

25         24.  The books and records of any permitholder that

26  conducts race meetings or jai alai exhibitions under chapter

27  550.

28         25.  The corporation defined in chapter 946, part II,

29  known as the Prison Rehabilitative Industries and Diversified

30  Enterprises, Inc., or PRIDE Enterprises.

31         (b)  The Auditor General is also authorized to:


                                  25

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






                                          HB 1197, First Engrossed



  1         1.  Promote the building of competent and efficient

  2  accounting and internal audit organizations in the offices

  3  administered by governmental entities.

  4         2.  Provide consultation services to governmental

  5  entities on their financial and accounting systems,

  6  procedures, and related matters.

  7         (4)  SCHEDULING AND STAFFING OF AUDITS.--

  8         (a)  Each financial audit required or authorized by

  9  this section, when practicable, shall be made and completed

10  within not more than 9 months following the end of each

11  audited fiscal year of the state agency or political

12  subdivision, or at such lesser time which may be provided by

13  law or concurrent resolution or directed by the Legislative

14  Auditing Committee. When the Auditor General determines that

15  conducting any audit or engagement otherwise required by law

16  would not be possible due to workload or would not be an

17  efficient or effective use of his or her resources based on an

18  assessment of risk, then, in his or her discretion, the

19  Auditor General may temporarily or indefinitely postpone such

20  audits or other engagements for such period or any portion

21  thereof, unless otherwise directed by the committee.

22         (b)  The Auditor General may, when in his or her

23  judgment it is necessary, designate and direct any auditor

24  employed by the Auditor General to audit any accounts or

25  records within the authority of the Auditor General to audit.

26  The auditor shall report his or her findings for review by the

27  Auditor General, who shall prepare the audit report.

28         (c)  The audit report when final shall be a public

29  record. The audit workpapers and notes are not a public

30  record; however, those workpapers necessary to support the

31  computations in the final audit report may be made available


                                  26

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






                                          HB 1197, First Engrossed



  1  by a majority vote of the Legislative Auditing Committee after

  2  a public hearing showing proper cause. The audit workpapers

  3  and notes shall be retained by the Auditor General until no

  4  longer useful in his or her proper functions, after which time

  5  they may be destroyed.

  6         (d)  At the conclusion of the audit, the Auditor

  7  General or the Auditor General's designated representative

  8  shall discuss the audit with the official whose office is

  9  subject to audit and submit to that official a list of the

10  Auditor General's findings which may be included in the audit

11  report. If the official is not available for receipt of the

12  list of audit findings then delivery is presumed to be made

13  when it is delivered to his or her office. The official shall

14  submit to the Auditor General or the designated

15  representative, within 30 days after the receipt of the list

16  of findings, his or her written statement of explanation or

17  rebuttal concerning all of the findings, including corrective

18  action to be taken to preclude a recurrence of all findings.

19         (e)  The Auditor General shall provide the successor

20  independent certified public accountant of a district school

21  board with access to the prior year's working papers in

22  accordance with the Statements on Auditing Standards,

23  including documentation of planning, internal control, audit

24  results, and other matters of continuing accounting and

25  auditing significance, such as the working paper analysis of

26  balance sheet accounts and those relating to contingencies.

27         (5)  PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.--The

28  Legislative Auditing Committee shall direct the Auditor

29  General to make a financial audit of any municipality whenever

30  petitioned to do so by at least 20 percent of the electors of

31  that municipality. The supervisor of elections of the county


                                  27

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






                                          HB 1197, First Engrossed



  1  in which the municipality is located shall certify whether or

  2  not the petition contains the signatures of at least 20

  3  percent of the electors of the municipality. After the

  4  completion of the audit, the Auditor General shall determine

  5  whether the municipality has the fiscal resources necessary to

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

  7  of the audit within 90 days after the Auditor General's

  8  determination that the municipality has the available

  9  resources. If the municipality fails to pay the cost of the

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

11  the Auditor General, withhold from that portion of the

12  distribution pursuant to s. 212.20(6)(e)6. which is

13  distributable to such municipality, a sum sufficient to pay

14  the cost of the audit and shall deposit that sum into the

15  General Revenue Fund of the state.

16         (6)  REQUEST BY A LOCAL GOVERNMENTAL ENTITY FOR AN

17  AUDIT BY THE AUDITOR GENERAL.--Whenever a local governmental

18  entity requests the Auditor General to conduct an audit of all

19  or part of its operations and the Auditor General conducts the

20  audit under his or her own authority or at the direction of

21  the Legislative Auditing Committee, the expenses of the audit

22  shall be paid by the local governmental entity. The Auditor

23  General shall estimate the cost of the audit. Fifty percent of

24  the cost estimate shall be paid by the local governmental

25  entity before the initiation of the audit and deposited into

26  the General Revenue Fund of the state. After the completion of

27  the audit, the Auditor General shall notify the local

28  governmental entity of the actual cost of the audit. The local

29  governmental entity shall remit the remainder of the cost of

30  the audit to the Auditor General for deposit into the General

31  Revenue Fund of the state. If the local governmental entity


                                  28

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






                                          HB 1197, First Engrossed



  1  fails to comply with paying the remaining cost of the audit,

  2  the Auditor General shall notify the Legislative Auditing

  3  Committee. The committee shall proceed in accordance with s.

  4  11.40(5).

  5         (7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--

  6         (a)  The Auditor General shall notify the Legislative

  7  Auditing Committee of any local governmental entity, district

  8  school board, charter school, or charter technical career

  9  center that does not comply with the reporting requirements of

10  s. 218.39.  The committee shall proceed in accordance with s.

11  11.40(5). The audits referred to in this subparagraph must be

12  made whenever determined by the Auditor General, whenever

13  directed by the Legislative Auditing Committee, or whenever

14  otherwise required by law or concurrent resolution.  A

15  district school board, expressway authority, or bridge

16  authority may require that the annual financial audit of its

17  accounts and records be completed within 12 months after the

18  end of its fiscal year. If the Auditor General is unable to

19  meet that requirement, the Auditor General shall notify the

20  school board, the expressway authority, or the bridge

21  authority pursuant to subparagraph 5.

22         4.  The Office of Program Policy Analysis and

23  Government Accountability within the Office of the Auditor

24  General shall maintain a schedule of performance audits of

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

26  program, the Office of Program Policy Analysis and Government

27  Accountability, when appropriate, shall identify and comment

28  upon alternatives for accomplishing the goals of the program

29  being audited. Such alternatives may include funding

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

31  or governmental units accomplish similar goals.


                                  29

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






                                          HB 1197, First Engrossed



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

  2  board or local governmental entity has not been notified that

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

  4  the Auditor General pursuant to subparagraph 3., each

  5  municipality with either revenues or expenditures of more than

  6  $100,000, each special district with either revenues or

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

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

  9  annual financial audit of its accounts and records be

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

11  fiscal year, by an independent certified public accountant

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

13  certified public accountant who is selected to perform an

14  annual financial audit of a school district must report

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

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

17  each financial audit report. Each local government finance

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

19  corporation, created as a separate legal or administrative

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

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

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

23  accounts and records and a written statement or explanation or

24  rebuttal concerning the auditor's comments, including

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

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

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

28  and expenditures from the Public Records Modernization Trust

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

30  audits of the Public Records Modernization Trust Fund and

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


                                  30

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






                                          HB 1197, First Engrossed



  1         6.  The governing body of a municipality, special

  2  district, or charter school must establish an auditor

  3  selection committee and competitive auditor selection

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

  5  competitive auditor selection procedures or the procedures

  6  outlined in subparagraph 7.

  7         7.  The governing body of a noncharter county or

  8  district school board that retains a certified public

  9  accountant must establish an auditor selection committee and

10  select an independent certified public accountant according to

11  the following procedure:

12         a.  For each noncharter county, the auditor selection

13  committee must consist of the county officers elected pursuant

14  to s. 1(d), Art. VIII of the State Constitution, and one

15  member of the board of county commissioners or its designee.

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

17  and consistent manner, each occasion when auditing services

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

19  general description of the audit and must indicate how

20  interested certified public accountants can apply for

21  consideration.

22         c.  The committee shall encourage firms engaged in the

23  lawful practice of public accounting who desire to provide

24  professional services to submit annually a statement of

25  qualifications and performance data.

26         d.  Any certified public accountant desiring to provide

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

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

29  be employed is fully qualified to render the required

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

31


                                  31

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






                                          HB 1197, First Engrossed



  1  finding are the capabilities, adequacy of personnel, past

  2  record, and experience of the firm or individual.

  3         e.  The committee shall adopt procedures for the

  4  evaluation of professional services, including, but not

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

  6  experience, results of recent external quality control

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

  8  committee to be applicable to its particular requirements.

  9         f.  The public must not be excluded from the

10  proceedings under this subparagraph.

11         g.  The committee shall evaluate current statements of

12  qualifications and performance data on file with the

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

14  firms regarding the proposed audit, and shall conduct

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

16  fewer than three firms regarding their qualifications,

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

18  services.

19         h.  The committee shall select no fewer than three

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

21  required services after considering such factors as the

22  ability of professional personnel; past performance;

23  willingness to meet time requirements; location; recent,

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

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

26  object of effecting an equitable distribution of contracts

27  among qualified firms, provided such distribution does not

28  violate the principle of selection of the most highly

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

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

31  determines to be qualified.


                                  32

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






                                          HB 1197, First Engrossed



  1         i.  If the governing board receives more than one

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

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

  4  ranked first may then negotiate a contract with the board

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

  6  engagement.  If the board is unable to negotiate a

  7  satisfactory contract with that firm, negotiations with that

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

  9  undertake negotiations with the second-ranked firm. Failing

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

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

12  firm. Negotiations with the other ranked firms shall be

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

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

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

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

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

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

19  professional services required in addition to considering

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

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

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

23  compensation and other factual unit costs supporting the

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

25  of contracting. Such certificate shall also contain a

26  description and disclosure of any understanding that places a

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

28  including any arrangements under which fixed limits on fees

29  will not be subject to reconsideration if unexpected

30  accounting or auditing issues are encountered. Such

31  certificate shall also contain a description of any services


                                  33

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






                                          HB 1197, First Engrossed



  1  rendered by the certified public accountant or firm of

  2  certified public accountants at rates or terms that are not

  3  customary.  Any auditing service contract under which such a

  4  certificate is required must contain a provision that the

  5  original contract price and any additions thereto shall be

  6  adjusted to exclude any significant sums by which the board

  7  determines the contract price was increased due to inaccurate

  8  or incomplete factual unit costs.  All such contract

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

10  the contract.

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

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

13  select additional firms, and the board shall continue

14  negotiations in accordance with this subsection until an

15  agreement is reached.

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

17  independent certified public accountant shall discuss with the

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

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

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

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

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

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

24  their discussion is presumed when the comments are delivered

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

26  member of the governing body of a local governmental entity

27  for which deteriorating financial conditions exist which may

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

29  actions are not taken to address such conditions.

30         9.  The officer's written statement of explanation or

31  rebuttal concerning the auditor's comments, including


                                  34

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






                                          HB 1197, First Engrossed



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

  2  governing body of the local governmental entity, district

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

  4  delivery of the financial audit report.

  5         10.  The Auditor General, in consultation with the

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

  7  conduct of all financial audits subject to this section and

  8  conducted by independent certified public accountants. The

  9  Auditor General, in consultation with the Department of

10  Education, shall develop a compliance supplement for the

11  financial audit of a district school board conducted by an

12  independent certified public accountant. The rules for audits

13  of local governmental entities and district school boards must

14  include, but are not limited to, requirements for the

15  reporting of information necessary to carry out the purposes

16  of the Local Government Financial Emergencies Act as stated in

17  s. 218.501.

18         11.  Any local governmental entity or district school

19  board financial audit report required under subparagraph 5. or

20  charter school financial audit report required under

21  subparagraph 2. and the officer's written statement of

22  explanation or rebuttal concerning the auditor's comments,

23  including corrective action to be taken, must be submitted to

24  the Auditor General within 45 days after delivery of the audit

25  report to the local governmental entity, district school

26  board, or charter school, but no later than 12 months after

27  the end of the fiscal year. If the Auditor General does not

28  receive the financial audit report within the prescribed

29  period, he or she must notify the Legislative Auditing

30  Committee that the governmental entity or charter school has

31  not complied with this subparagraph. Following notification of


                                  35

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






                                          HB 1197, First Engrossed



  1  failure to submit the required audit report or items required

  2  by rule adopted by the Auditor General, a hearing must be

  3  scheduled by rule of the committee. After the hearing, the

  4  committee shall determine which governmental entities or

  5  charter schools will be subjected to further state action.  If

  6  it finds that one or more governmental entities or charter

  7  schools should be subjected to further state action, the

  8  committee shall:

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

10  district school board, or charter school, request the

11  Department of Revenue and the Department of Banking and

12  Finance to withhold any funds not pledged for bond debt

13  service satisfaction which are payable to such governmental

14  entity or charter school until the required financial audit is

15  received by the Auditor General. The Department of Revenue and

16  the Department of Banking and Finance are authorized to

17  implement the provisions of this sub-subparagraph. The

18  committee, in its request, shall specify the date such action

19  shall begin, and the request must be received by the

20  Department of Revenue and the Department of Banking and

21  Finance 30 days before the date of the distribution mandated

22  by law.

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

24  Department of Community Affairs that the special district has

25  failed to provide the required audits.  Upon receipt of

26  notification, the Department of Community Affairs shall

27  proceed pursuant to ss. 189.421 and 189.422.

28         (b)12.a.  The Auditor General, in consultation with the

29  Board of Accountancy, shall review all audit reports submitted

30  pursuant to s. 218.39 subparagraph 11. The Auditor General

31  shall request any significant items that were omitted in


                                  36

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






                                          HB 1197, First Engrossed



  1  violation of a rule adopted by the Auditor General. The items

  2  must be provided within 45 days after the date of the request.

  3  If the governmental entity does not comply with the Auditor

  4  General's request, the Auditor General shall notify the

  5  Legislative Auditing Committee. The committee shall proceed in

  6  accordance with s. 11.40(5).

  7         (c)  The Auditor General shall provide annually a list

  8  of those special districts which are not in compliance with s.

  9  218.39 to the Special District Information Program of the

10  Department of Community Affairs.

11         (d)  During the Auditor General's review of audit

12  reports, he or she shall contact those units of local

13  government, as defined in s. 218.403, that are not in

14  compliance with s. 218.415 and request evidence of corrective

15  action. The unit of local government shall provide the Auditor

16  General with evidence of corrective action within 45 days

17  after the date it is requested by the Auditor General.  If the

18  unit of local government fails to comply with the Auditor

19  General's request, the Auditor General shall notify the

20  Legislative Auditing Committee.  The committee shall proceed

21  in accordance with s. 11.40(5). If the Auditor General does

22  not receive the requested items, he or she shall notify the

23  Joint Legislative Auditing Committee.

24         (e)b.  The Auditor General shall notify the Governor

25  and the Joint Legislative Auditing Committee of any audit

26  report reviewed by the Auditor General pursuant to paragraph

27  (b) which contains a statement that the local governmental

28  entity or district school board is in a state of financial

29  emergency as provided in s. 218.503. If the Auditor General

30  requests a clarification regarding information included in an

31  audit report to determine whether a, in reviewing any audit


                                  37

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






                                          HB 1197, First Engrossed



  1  report, identifies additional information which indicates that

  2  the local governmental entity or district school board is may

  3  be in a state of financial emergency, as provided in s.

  4  218.503, the Auditor General shall request appropriate

  5  clarification from the local governmental entity or district

  6  school board. the requested clarification must be provided

  7  within 45 days after the date of the request. If the local

  8  governmental entity or district school board does not comply

  9  with the Auditor General's request, the Auditor General does

10  not receive the requested clarification, he or she shall

11  notify the Joint Legislative Auditing Committee.  If, after

12  obtaining the requested clarification, the Auditor General

13  determines that the local governmental entity or district

14  school board is in a state of financial emergency as provided

15  in s. 218.503, he or she shall notify the Governor and the

16  Joint Legislative Auditing Committee.

17         (f)c.  The Auditor General shall annually compile and

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

19  House of Representatives, and the Joint Legislative Auditing

20  Committee a summary of significant findings and financial

21  trends identified in audit reports reviewed in paragraph (b)

22  or otherwise identified by the Auditor General's review of

23  such audit reports and financial information, and identified

24  in audits of district school boards conducted by the Auditor

25  General. The Auditor General shall include financial

26  information provided pursuant to s. 218.32(1)(e) for entities

27  with fiscal years ending on or after June 30, 2003, within his

28  or her reports submitted pursuant to this paragraph.

29         (g)  If the Auditor General discovers significant

30  errors, improper practices, or other significant discrepancies

31  in connection with his or her audits of a state agency or


                                  38

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






                                          HB 1197, First Engrossed



  1  state officer, the Auditor General shall notify the President

  2  of the Senate, the Speaker of the House of Representatives,

  3  and the Legislative Auditing Committee.  The President of the

  4  Senate and the Speaker of the House of Representatives shall

  5  promptly forward a copy of the notification to the chairs of

  6  the respective legislative committees, which in the judgment

  7  of the President of the Senate and the Speaker of the House of

  8  Representatives are substantially concerned with the functions

  9  of the state agency or state officer involved. Thereafter, and

10  in no event later than the 10th day of the next succeeding

11  legislative session, the person in charge of the state agency

12  involved, or the state officer involved, as the case may be,

13  shall explain in writing to the President of the Senate, the

14  Speaker of the House of Representatives, and to the

15  Legislative Auditing Committee the reasons or justifications

16  for such errors, improper practices, or other significant

17  discrepancies and the corrective measures, if any, taken by

18  the agency.

19         (h)  The Auditor General shall transmit to the

20  President of the Senate, the Speaker of the House of

21  Representatives, and the Legislative Auditing Committee by

22  December 1 of each year a list of statutory and fiscal changes

23  recommended by the Auditor General. The Auditor General may

24  also transmit recommendations at other times of the year when

25  the information would be timely and useful for the

26  Legislature.

27         (8)  RULES OF THE AUDITOR GENERAL.--The Auditor

28  General, in consultation with the Board of Accountancy, shall

29  adopt rules for the form and conduct of all financial audits

30  performed by independent certified public accountants pursuant

31  to ss. 215.98, 218.39, 237.40, 240.299, and 240.331. The rules


                                  39

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






                                          HB 1197, First Engrossed



  1  for audits of local governmental entities and district school

  2  boards must include, but are not limited to, requirements for

  3  the reporting of information necessary to carry out the

  4  purposes of the Local Government Financial Emergencies Act as

  5  stated in s. 218.501.

  6         (9)  OTHER GUIDANCE PROVIDED BY THE AUDITOR

  7  GENERAL.--The Auditor General, in consultation with the

  8  Department of Education, shall develop a compliance supplement

  9  for the financial audit of a district school board conducted

10  by an independent certified public accountant. audits of local

11  governmental entities, district school boards, and charter

12  schools performed by the independent certified public

13  accountants.

14         13.  In conducting a performance audit of any agency,

15  the Auditor General shall use the Agency Strategic Plan of the

16  agency in evaluating the performance of the agency.

17         (b)  The Legislative Auditing Committee shall direct

18  the Auditor General to make a financial audit of any

19  municipality whenever petitioned to do so by at least 20

20  percent of the electors of that municipality.  The supervisor

21  of elections of the county in which the municipality is

22  located shall certify whether or not the petition contains the

23  signatures of at least 20 percent of the electors of the

24  municipality. After the completion of the audit, the Auditor

25  General shall determine whether the municipality has the

26  fiscal resources necessary to pay the cost of the audit. The

27  municipality shall pay the cost of the audit within 90 days

28  after the Auditor General's determination that the

29  municipality has the available resources. If the municipality

30  fails to pay the cost of the audit, the Department of Revenue

31  shall, upon certification of the Auditor General, withhold


                                  40

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






                                          HB 1197, First Engrossed



  1  from that portion of the distribution pursuant to s.

  2  212.20(6)(f)5. which is distributable to such municipality a

  3  sum sufficient to pay the cost of the audit and shall deposit

  4  that sum into the General Revenue Fund of the state.

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

  6  make a performance audit of the local government financial

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

  8  means the reporting provisions of this subsection and

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

10  112; s. 163.05; s. 166.241; chapter 189; parts III and V of

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

12  analyze each component of the reporting system separately and

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

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

15  effectiveness of the reporting system in achieving its goals

16  and objectives and to make recommendations to the local

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

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

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

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

21  cost-effective accumulation of financial and other information

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

23  appropriate officials in order to:

24         1.  Compare and contrast revenue sources and

25  expenditures of local governmental entities;

26         2.  Assess the fiscal impact of the formation,

27  dissolution, and activity of special districts;

28         3.  Evaluate the fiscal impact of state mandates on

29  local governmental entities;

30         4.  Assess financial or economic conditions of local

31  governmental entities; and


                                  41

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






                                          HB 1197, First Engrossed



  1         5.  Improve communication and coordination among state

  2  agencies and local governmental entities.

  3         (d)  Whenever a local governmental entity requests the

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

  5  operations and the Auditor General conducts the audit under

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

  7  Legislative Auditing Committee, the expenses of the audit

  8  shall be paid by the local governmental entity. The Auditor

  9  General shall estimate the cost of the audit. Fifty percent of

10  the cost estimate shall be paid by the local governmental

11  entity before the initiation of the audit and deposited into

12  the General Revenue Fund of the state. After the completion of

13  the audit, the Auditor General shall forward the actual cost

14  of the audit to the local governmental entity. The local

15  governmental entity shall remit the remainder of the cost of

16  the audit to the Auditor General for deposit into the General

17  Revenue Fund of the state. If the local governmental entity

18  fails to pay the cost of the audit, the Auditor General shall

19  notify the Legislative Auditing Committee. Following the

20  notification, the committee may schedule a hearing. After the

21  hearing, the committee shall determine if the local

22  governmental entity should be subject to further state action.

23  If the committee determines that the local governmental entity

24  should be subject to further state action, the committee

25  shall:

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

27  the Department of Revenue and the Department of Banking and

28  Finance to withhold any funds payable to the governmental

29  entity until the required payment is received by the Auditor

30  General.

31


                                  42

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






                                          HB 1197, First Engrossed



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

  2  Department of Community Affairs that the special district has

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

  4  notification, the Department of Community Affairs shall

  5  proceed pursuant to the provisions specified in ss. 189.421

  6  and 189.422.

  7         (4)  If the Auditor General conducts an audit of a

  8  special district which indicates in its findings problems

  9  related to debt policy or practice, including failure to meet

10  debt service payments, failure to comply with significant bond

11  covenants, failure to meet bond reserve requirements, and

12  significant erosion of a special district's revenue-producing

13  capacity, a copy of the audit shall be submitted to the

14  Division of Bond Finance of the State Board of Administration

15  for review and comment.  Upon receipt of this notification

16  from the Auditor General, the Division of Bond Finance shall

17  prepare a brief report describing the previous debt issued by

18  the special district and submit the report to the Legislative

19  Auditing Committee for their review and consideration.

20         (5)  Each audit required or authorized by this section,

21  when practicable, shall be made and completed within not more

22  than 12 months following the end of each fiscal year of the

23  state agency or political subdivision, if an annual audit, or

24  at such lesser time which may be provided by law or concurrent

25  resolution or directed by the Legislative Auditing Committee.

26  When the Auditor General is required by law to make a

27  financial audit of the whole or a portion of a fiscal year of

28  a political subdivision and his or her current workload of

29  audits of state agencies and political subdivisions is so

30  great that it is not practicable within the required time to

31  perform such audit and also to make financial audits of that


                                  43

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






                                          HB 1197, First Engrossed



  1  political subdivision as to any other period not previously

  2  audited by him or her, then in his or her discretion the

  3  Auditor General may temporarily or indefinitely postpone

  4  audits of such other period or any portion thereof unless

  5  otherwise directed by the committee.

  6         (6)  The Legislative Auditing Committee may at any

  7  time, without regard to whether the Legislature is then in

  8  session or out of session, take under investigation any matter

  9  within the scope of an audit either completed or then being

10  conducted by the Auditor General, and in connection with such

11  investigation may exercise the powers of subpoena by law

12  vested in a standing committee of the Legislature.

13         (7)(a)  The Auditor General may, when in his or her

14  judgment it is necessary, designate and direct any auditor

15  employed by the Auditor General to audit any accounts or

16  records within the power of the Auditor General to audit.  The

17  auditor shall report his or her findings for review by the

18  Auditor General, who shall prepare the audit report.

19         (b)  The audit report when final shall be a public

20  record. The audit workpapers and notes are not a public

21  record; however, those workpapers necessary to support the

22  computations in the final audit report may be made available

23  by a majority vote of the Legislative Auditing Committee after

24  a public hearing showing proper cause.  The audit workpapers

25  and notes shall be retained by the Auditor General until no

26  longer useful in his or her proper functions, after which time

27  they may be destroyed.

28         (c)  The audit report must make special mention of:

29         1.  Any violation of the laws within the scope of the

30  audit; and

31


                                  44

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






                                          HB 1197, First Engrossed



  1         2.  Any illegal or improper expenditure, any improper

  2  accounting procedures, all failures to properly record

  3  financial transactions, and all other inaccuracies,

  4  irregularities, shortages, and defalcations.

  5         (d)  At the conclusion of the audit, the Auditor

  6  General or the Auditor General's designated representative

  7  shall discuss the audit with the official whose office is

  8  subject to audit and submit to that official a list of the

  9  Auditor General's adverse findings which may be included in

10  the audit report. If the official is not available for receipt

11  of the list of adverse audit findings, clearly designated as

12  such, then delivery thereof is presumed to be made when it is

13  delivered to his or her office. The official shall submit to

14  the Auditor General or the designated representative, within

15  30 days after the receipt of the list of findings, his or her

16  written statement of explanation or rebuttal concerning all of

17  the findings, including therein corrective action to be taken

18  to preclude a recurrence of all adverse findings. Whenever

19  necessary, the Office of Program Policy Analysis and

20  Government Accountability may request the official to submit

21  his or her written statement of explanation or rebuttal within

22  15 days after the receipt of the list of findings.

23         (e)  Each agency head shall provide to the Legislative

24  Auditing Committee, within 6 months after the published date

25  of an audit report, a written explanation of the status of

26  recommendations contained in the report.

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

28  performance audit report, the agencies which are the subject

29  of that report shall provide data and other information that

30  describes with specificity what the agencies have done to

31  respond to the recommendations contained in the report.  The


                                  45

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






                                          HB 1197, First Engrossed



  1  Auditor General or the Office of Program Policy Analysis and

  2  Government Accountability may verify the data and information

  3  provided by the agencies.  If the data and information

  4  provided by the agencies are deemed sufficient and accurate,

  5  the Auditor General or the Office of Program Policy Analysis

  6  and Government Accountability shall report to the Joint

  7  Legislative Auditing Committee and to the legislative standing

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

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

10  evaluation of those responses, and any recommendations deemed

11  to be appropriate. The followup report required by this

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

13  the Senate and the Speaker of the House of Representatives

14  upon the recommendation of the Director of the Office of

15  Program Policy Analysis and Government Accountability.

16         (8)  If the Auditor General discovers any errors,

17  unusual practices, or any other discrepancies in connection

18  with his or her audits of a state agency or state officer, the

19  Auditor General shall, as soon as practicable, notify in

20  writing the President of the Senate and the Speaker of the

21  House of Representatives, respectively, who, in turn, shall

22  promptly thereafter forward a copy thereof to the chairs of

23  the respective legislative committees, which in the judgment

24  of the President of the Senate and the Speaker of the House of

25  Representatives. Thereafter, and in no event later than the

26  10th day of the next succeeding legislative session, the

27  person in charge of the state agency involved, or the state

28  officer involved, as the case may be, shall explain in writing

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

30  Representatives and to the Legislative Auditing Committee the

31  reasons or justifications for such errors, unusual practices,


                                  46

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






                                          HB 1197, First Engrossed



  1  or discrepancies and the corrective measures, if any, taken by

  2  the agency.

  3         (9)  All agencies, other than state agencies as defined

  4  herein, and all district school boards and district boards of

  5  trustees of community colleges shall have the power to have a

  6  performance audit or financial audit of their accounts and

  7  records by an independent certified public accountant retained

  8  by them and paid from their public funds.

  9         (10)  The Auditor General shall provide annually a list

10  of those special districts which are in compliance with this

11  section and a list of those special districts which are not in

12  compliance with this section for the Special District

13  Information Program of the Department of Community Affairs.

14         (11)  In addition to any other provision of law

15  granting access to records and accounts, the Auditor General

16  may, pursuant to his or her own authority granted in this

17  subsection or at the direction of the Legislative Auditing

18  Committee, conduct audits of any direct-support organization

19  or citizen-support organization authorized by law. Independent

20  audits of direct-support organizations and citizen-support

21  organizations conducted by certified public accountants shall

22  be performed in accordance with rules adopted by the Auditor

23  General.

24         Section 4.  Section 11.47, Florida Statutes, is amended

25  to read:

26         11.47  Penalties; failure to make a proper audit or

27  examination; making a false audit report; failure to produce

28  documents or information.--

29         (1)  All officers whose respective offices the Auditor

30  General or the Office of Program Policy Analysis and

31  Government Accountability is authorized to audit or examine


                                  47

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






                                          HB 1197, First Engrossed



  1  shall enter into their public records sufficient information

  2  for proper audit or examination, and shall make the same

  3  available to the Auditor General or the Office of Program

  4  Policy Analysis and Government Accountability on demand.

  5         (2)  The willful failure or refusal of the Auditor

  6  General, director of the Office of Program Policy Analysis and

  7  Government Accountability, or any staff auditor employed by

  8  the Auditor General or the Office of Program Policy Analysis

  9  and Government Accountability to make a proper audit or

10  examination in line with his or her duty, the willful making

11  of a false report as to any audit or examination, or the

12  willful failure or refusal to report a shortage or

13  misappropriation of funds or property shall be cause for

14  removal from such office or employment, and the Auditor

15  General, the director of the Office of Program Policy Analysis

16  and Government Accountability, or a staff member auditor shall

17  be guilty of a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         (3)  Any person who willfully fails or refuses to

20  furnish or produce any book, record, paper, document, data, or

21  sufficient information necessary to a proper audit or

22  examination which the Auditor General or the Office of Program

23  Policy Analysis and Government Accountability is by law

24  authorized to perform shall be guilty of a misdemeanor of the

25  first degree, punishable as provided in s. 775.082 or s.

26  775.083.

27         (4)  Any officer who willfully fails or refuses to

28  furnish or produce any book, record, paper, document, data, or

29  sufficient information necessary to a proper audit or

30  examination which the Auditor General or the Office of Program

31  Policy Analysis and Government Accountability is by law


                                  48

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






                                          HB 1197, First Engrossed



  1  authorized to perform, shall be subject to removal from

  2  office.

  3         Section 5.  Section 11.51, Florida Statutes, is amended

  4  to read:

  5         11.51  Office of Program Policy Analysis and Government

  6  Accountability.--

  7         (1)  There is hereby created the Office of Program

  8  Policy Analysis and Government Accountability as a unit of the

  9  Office of the Auditor General appointed pursuant to s. 11.42.

10  The Such office shall perform independent examinations,

11  program reviews, and other projects as provided by general

12  law, concurrent resolution, or as directed by the Legislative

13  Auditing Committee, and shall provide recommendations,

14  training, or other services as may assist the Legislature

15  program evaluation and justification reviews as required by s.

16  11.513 and performance audits as defined in s. 11.45 and shall

17  contract for performance reviews of school districts pursuant

18  to ss. 11.515 and 230.2302.

19         (2)  The Office of Program Policy Analysis and

20  Government Accountability is independent of the Auditor

21  General appointed pursuant to s. 11.42 and the Public Counsel

22  appointed pursuant to s. 350.061 for purposes of general

23  policies established by the Legislative Auditing Committee.

24         (3)  The Office of Program Policy Analysis and

25  Government Accountability shall maintain a schedule of

26  examinations of state programs.

27         (4)(3)  The Auditor General shall provide

28  administrative support and services to the Office of Program

29  Policy Analysis and Government Accountability is authorized to

30  examine all entities and records listed in s. 11.45(3)(a) to

31  the extent required by the Legislative Auditing Committee.


                                  49

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






                                          HB 1197, First Engrossed



  1         (5)  At the conclusion of an examination, the

  2  designated representative of the director of the Office of

  3  Program Policy Analysis and Government Accountability shall

  4  discuss the examination with the official whose office is

  5  examined and submit to that official the Office of Program

  6  Policy Analysis and Government Accountability's preliminary

  7  findings. If the official is not available for receipt of the

  8  preliminary findings, clearly designated as such, delivery

  9  thereof is presumed to be made when it is delivered to his or

10  her office. Whenever necessary, the Office of Program Policy

11  Analysis and Government Accountability may request the

12  official to submit his or her written statement of explanation

13  or rebuttal within 15 days after the receipt of the findings.

14  If the response time is not requested to be within 15 days,

15  the official shall submit his or her response within 30 days

16  after receipt of the preliminary findings.

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

18  report of the Office of Program Policy Analysis and Government

19  Accountability, the agencies that are the subject of that

20  report shall provide data and other information that describes

21  with specificity what the agencies have done to respond to the

22  recommendations contained in the report. The Office of Program

23  Policy Analysis and Government Accountability may verify the

24  data and information provided by the agencies. If the data and

25  information provided by the agencies are deemed sufficient and

26  accurate, the Office of Program Policy Analysis and Government

27  Accountability shall report to the Legislative Auditing

28  Committee and to the legislative standing committees concerned

29  with the subject areas of the audit. The report shall include

30  a summary of the agencies' responses, the evaluation of those

31  responses, and any recommendations deemed to be appropriate.


                                  50

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






                                          HB 1197, First Engrossed



  1         Section 6.  Section 11.511, Florida Statutes, is

  2  amended to read:

  3         11.511  Director of the Office of Program Policy

  4  Analysis and Government Accountability; appointment;

  5  employment of staff; powers and duties.--

  6         (1)(a)  The Legislative Auditing Committee shall

  7  appoint a director of the Office of Program Policy Analysis

  8  and Government Accountability by majority vote of the

  9  committee, subject to confirmation by a majority vote of the

10  Senate and the House of Representatives. At the time of

11  appointment, the director must have had 10 years' experience

12  in policy analysis and program evaluation. The reappointment

13  of a director is subject to confirmation by a majority vote of

14  the Senate and the House of Representatives.  The Legislative

15  Auditing Committee may appoint an interim director.

16         (b)  The appointment of the director may be terminated

17  at any time by a majority vote of the Senate and the House of

18  Representatives.

19         (2)(a)  The director shall take and subscribe to the

20  oath of office required of state officers by the State

21  Constitution.

22         (b)  Until such time as each house confirms the

23  appointment of the director, the appointee shall perform the

24  functions as provided by law in this section and s. 11.513.

25         (3)(a)  The director shall make all spending decisions

26  under the annual operating budget approved by the President of

27  the Senate and the Speaker of the House of Representatives.

28  The director shall employ and set the compensation of such

29  professional, technical, legal, and clerical staff as may be

30  necessary to fulfill the responsibilities of the Office of

31  Program Policy Analysis and Government Accountability perform


                                  51

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






                                          HB 1197, First Engrossed



  1  all the requirements of this section and s. 11.513, in

  2  accordance with the joint policies and procedures of the

  3  President of the Senate and the Speaker of the House of

  4  Representatives, and may remove these personnel. The staff

  5  must be chosen to provide a broad background of experience and

  6  expertise and, to the maximum extent possible, to represent a

  7  range of disciplines that includes law, engineering, public

  8  administration, environmental science, policy analysis

  9  science, economics, sociology, and philosophy.

10         (b)  An officer or full-time employee of the Office of

11  Program Policy Analysis and Government Accountability may not

12  actively engage in any other business or profession; serve as

13  the representative of any political party or on any executive

14  committee or other governing body thereof; receive

15  remuneration for activities on behalf of any candidate for

16  public office; or engage, on behalf of any candidate for

17  public office, in the solicitation of votes or other

18  activities in behalf of such candidacy. Neither the director

19  of the Office of Program Policy Analysis and Government

20  Accountability nor any employee of that office may become a

21  candidate for election to public office unless he or she first

22  resigns from office or employment.

23         (4)  The director shall perform and/or contract for the

24  performance of examinations program evaluation and

25  justification reviews and other related duties as prescribed

26  by law. The director shall perform his or her duties

27  independently but under general policies established by the

28  Legislative Auditing Committee.

29         (5)  The director may adopt and enforce reasonable

30  rules necessary to facilitate the examinations studies,

31


                                  52

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






                                          HB 1197, First Engrossed



  1  reviews, and reports, and other tasks that he or she is

  2  authorized to perform.

  3         (6)  When the director determines that conducting an

  4  examination would not be possible due to workload limitations

  5  or the project does not appear to be of critical interest to

  6  the Legislature, then, with the consent of the President of

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

  8  the director may temporarily or indefinitely postpone such

  9  examinations. The director, with the consent of the President

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

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

12  concentrate its efforts on agency programs that are determined

13  to have high oversight priority. The modification may include

14  reduction or elimination of recurring performance audits

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

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

17  any time conduct a performance review of a governmental entity

18  created by law.

19         Section 7.  Section 11.513, Florida Statutes, is

20  amended to read:

21         11.513  Program evaluation and justification review.--

22         (1)  Each state agency shall be subject to a program

23  evaluation and justification review by the Office of Program

24  Policy Analysis and Government Accountability in accordance

25  with the schedule provided in s. 216.0172 or as determined by

26  the Legislative Auditing Committee. Each state agency shall

27  offer its complete cooperation to the Office of Program Policy

28  Analysis and Government Accountability so that such review may

29  be accomplished.

30         (2)  A Prior to the initiation of a state agency's

31  program evaluation and justification review and no later than


                                  53

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






                                          HB 1197, First Engrossed



  1  July 1 of the year in which a state agency begins operating

  2  under a performance-based program budget, the state agency's

  3  inspector general, internal auditor, or other person

  4  designated by the agency head shall develop, in consultation

  5  with the Office of Program Policy Analysis and Government

  6  Accountability, a plan for monitoring and reviewing the state

  7  agency's major programs to ensure that performance data are

  8  maintained and supported by agency records.

  9         (3)  The program evaluation and justification review

10  shall be conducted on major programs, but may include other

11  programs. The review shall be comprehensive in its scope but,

12  at a minimum, must be conducted in such a manner as to

13  specifically determine the following, and to consider and

14  determine what changes, if any, are needed with respect

15  thereto:

16         (a)  The identifiable cost of each program.

17         (b)  The specific purpose of each program, as well as

18  the specific public benefit derived therefrom.

19         (c)  Progress toward achieving the outputs and outcomes

20  associated with each program.

21         (d)  An explanation of circumstances contributing to

22  the state agency's ability to achieve, not achieve, or exceed

23  its projected outputs and outcomes, as defined in s. 216.011,

24  associated with each program.

25         (e)  Alternate courses of action that would result in

26  administration of the same program in a more efficient or

27  effective manner. The courses of action to be considered must

28  include, but are not limited to:

29         1.  Whether the program could be organized in a more

30  efficient and effective manner, whether the program's mission,

31  goals, or objectives should be redefined, or, when the state


                                  54

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






                                          HB 1197, First Engrossed



  1  agency cannot demonstrate that its efforts have had a positive

  2  effect, whether the program should be reduced in size or

  3  eliminated.

  4         2.  Whether the program could be administered more

  5  efficiently or effectively to avoid duplication of activities

  6  and ensure that activities are adequately coordinated.

  7         3.  Whether the program could be performed more

  8  efficiently or more effectively by another unit of government

  9  or a private entity, or whether a program performed by a

10  private entity could be performed more efficiently and

11  effectively by a state agency.

12         4.  When compared to costs, whether effectiveness

13  warrants elimination of the program or, if the program serves

14  a limited interest, whether it should be redesigned to require

15  users to finance program costs.

16         5.  Whether the cost to administer the program exceeds

17  license and other fee revenues paid by those being regulated.

18         6.  Whether other changes could improve the efficiency

19  and effectiveness of the program.

20         (f)  The consequences of discontinuing such program. If

21  any discontinuation is recommended, such recommendation must

22  be accompanied by a description of alternatives to implement

23  such recommendation, including an implementation schedule for

24  discontinuation and recommended procedures for assisting state

25  agency employees affected by the discontinuation.

26         (g)  Determination as to public policy, which may

27  include recommendations as to whether it would be sound public

28  policy to continue or discontinue funding the program, either

29  in whole or in part, in the existing manner.

30         (h)  Whether the information reported as part of the

31  state's performance based program budgeting system pursuant to


                                  55

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






                                          HB 1197, First Engrossed



  1  s. 216.031(5) has relevance and utility for the evaluation of

  2  each program.

  3         (i)  Whether state agency management has established

  4  control systems sufficient to ensure that performance data are

  5  maintained and supported by state agency records and

  6  accurately presented in state agency performance reports.

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

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

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

10  Analysis and Government Accountability shall submit a report

11  of evaluation and justification review findings and

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

13  the House of Representatives, the chairpersons of the

14  appropriate substantive committees, the chairpersons of the

15  appropriations committees, the Legislative Auditing Committee,

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

17  subject of the evaluation and justification review, and the

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

19  findings and recommendations.

20         (5)  The Legislature intends that the program

21  evaluation and justification review procedure be designed to

22  assess the efficiency, effectiveness, and long-term

23  implications of current or alternative state policies, and

24  that the procedure results in recommendations for the

25  improvement of such policies and state government. To that

26  end, whenever possible, all reports submitted pursuant to

27  subsection (4) must include an identification of the estimated

28  financial consequences, including any potential savings, that

29  could be realized if the recommendations or alternative

30  courses of action were implemented.

31


                                  56

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






                                          HB 1197, First Engrossed



  1         (6)  At any time, the Legislative Auditing Committee

  2  may direct that a program evaluation and justification review

  3  be conducted by the Office of Program Policy Analysis and

  4  Government Accountability. In order to allow the office the

  5  flexibility in carrying out the provisions of this act and to

  6  reduce duplicative auditing requirements, the Legislative

  7  Auditing Committee may waive the requirements of any law

  8  existing as of the effective date of this act to conduct a

  9  performance audit.

10         (6)(7)  Evaluation and justification reviews may

11  include consideration of programs provided by other agencies

12  which are integrally related to the programs administered by

13  the state agency or entity which is scheduled for review as

14  pursuant to s. 216.0172 or the schedule determined by the

15  Legislative Auditing Committee.

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

17  Program Policy Analysis and Government Accountability, the

18  President of the Senate and the Speaker of the House of

19  Representatives may jointly direct that any program evaluation

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

21  be postponed to allow the Office of Program Policy Analysis

22  and Government Accountability to conduct a review of another

23  program considered more urgent.

24         Section 8.  Subsection (15) of section 14.29, Florida

25  Statutes, is amended to read:

26         14.29  Florida Commission on Community Service.--

27         (15)  The direct-support organization shall provide for

28  an annual financial and compliance audit of its financial

29  accounts and records by an independent certified public

30  accountant in accordance with s. 215.98 rules established by

31  the commission. The annual audit report must be submitted to


                                  57

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






                                          HB 1197, First Engrossed



  1  the commission for review and approval. Upon approval, the

  2  board shall certify the audit report to the Auditor General

  3  for review.

  4         Section 9.  Paragraphs (f) and (g) of subsection (5) of

  5  section 20.055, Florida Statutes, are amended to read:

  6         20.055  Agency inspectors general.--

  7         (5)  In carrying out the auditing duties and

  8  responsibilities of this act, each inspector general shall

  9  review and evaluate internal controls necessary to ensure the

10  fiscal accountability of the state agency. The inspector

11  general shall conduct financial, compliance, electronic data

12  processing, and performance audits of the agency and prepare

13  audit reports of his or her findings. The scope and assignment

14  of the audits shall be determined by the inspector general;

15  however, the agency head may at any time direct the inspector

16  general to perform an audit of a special program, function, or

17  organizational unit. The performance of the audit shall be

18  under the direction of the inspector general, except that if

19  the inspector general does not possess the qualifications

20  specified in subsection (4), the director of auditing shall

21  perform the functions listed in this subsection.

22         (f)  The Auditor General, in connection with the

23  independent postaudit of the same agency pursuant to s. 11.45,

24  shall give appropriate consideration to internal audit reports

25  and the resolution of findings therein. The Legislative

26  Auditing Committee may inquire into the reasons or

27  justifications for failure of the agency head to correct the

28  deficiencies reported in internal audits that are also

29  reported by the Auditor General and shall take appropriate

30  action. The Auditor General shall also review a sample of each

31  agency's internal audit reports at least once every 3 years to


                                  58

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






                                          HB 1197, First Engrossed



  1  determine compliance with current Standards for the

  2  Professional Practice of Internal Auditing or, if appropriate,

  3  generally accepted governmental auditing standards. If the

  4  Auditor General finds that these standards have not been

  5  complied with, the Auditor General shall include a statement

  6  of this fact in the audit report of the agency.

  7         (g)  The inspector general shall monitor the

  8  implementation of the state agency's response to any report on

  9  audit of the state agency issued conducted by the Auditor

10  General or by the Office of Program Policy Analysis and

11  Government Accountability pursuant to s. 11.45. No later than

12  6 months after the Auditor General or the Office of Program

13  Policy Analysis and Government Accountability publishes a

14  report on of the audit of the state agency, the inspector

15  general shall provide a written response report to the agency

16  head on the status of corrective actions taken. The Inspector

17  General shall file a copy of such response report shall be

18  filed with the Legislative Auditing Committee.

19         Section 10.  Subsection (3) of section 20.2551, Florida

20  Statutes, is amended to read:

21         20.2551  Citizen support organizations; use of

22  property; audit; public records; partnerships.--

23         (3)  ANNUAL AUDIT.--Each Any citizen support

24  organization which has annual expenditures of $100,000 or more

25  shall provide for cause an annual financial audit in

26  accordance with s. 215.98 postaudit of its financial accounts

27  to be conducted by an independent certified public accountant

28  in accordance with rules to be adopted by the department.  The

29  annual audit report shall be submitted to the Auditor General

30  and the department for review.  The Auditor General and the

31  department are each authorized to require and obtain from the


                                  59

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






                                          HB 1197, First Engrossed



  1  citizen support organization, or from its independent auditor,

  2  such data as may be needed relative to the operation of the

  3  organization.

  4         Section 11.  Paragraph (c) of subsection (13) of

  5  section 24.105, Florida Statutes, is amended to read:

  6         24.105  Powers and duties of department.--The

  7  department shall:

  8         (13)

  9         (c)  Any information made confidential and exempt from

10  the provisions of s. 119.07(1) under this subsection shall be

11  disclosed to a member of the commission, to the Auditor

12  General, to the Office of Program Policy Analysis and

13  Government Accountability, or to the independent auditor

14  selected under s. 24.123 upon such person's request therefor.

15  If the President of the Senate or the Speaker of the House of

16  Representatives certifies that information made confidential

17  under this subsection is necessary for effecting legislative

18  changes, the requested information shall be disclosed to him

19  or her, and he or she may disclose such information to members

20  of the Legislature and legislative staff as necessary to

21  effect such purpose.

22         Section 12.  Subsection (4) of section 24.120, Florida

23  Statutes, is amended to read:

24         24.120  Financial matters; Administrative Trust Fund;

25  interagency cooperation.--

26         (4)  The department shall cooperate with the State

27  Treasurer, the Comptroller, and the Auditor General, and the

28  Office of Program Policy Analysis and Government

29  Accountability by giving employees designated by any of them

30  access to facilities of the department for the purpose of

31  efficient compliance with their respective responsibilities.


                                  60

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






                                          HB 1197, First Engrossed



  1         Section 13.  Subsection (1) and paragraph (a) of

  2  subsection (2) of section 27.3455, Florida Statutes, are

  3  amended to read:

  4         27.3455  Annual statement of certain revenues and

  5  expenditures.--

  6         (1)  Each county shall submit annually to the

  7  Comptroller and the Auditor General a statement of revenues

  8  and expenditures as set forth in this section in the form and

  9  manner prescribed by the Comptroller in consultation with the

10  Legislative Committee on Intergovernmental Relations, provided

11  that such statement identify total county expenditures on:

12         (a)  Medical examiner services.

13         (b)  County victim witness programs.

14         (c)  Each of the services outlined in ss. 27.34(2) and

15  27.54(3).

16         (d)  Appellate filing fees in criminal cases in which

17  an indigent defendant appeals a judgment of a county or

18  circuit court to a district court of appeal or the Florida

19  Supreme Court.

20         (e)  Other court-related costs of the state attorney

21  and public defender that were paid by the county where such

22  costs were included in a judgment or order rendered by the

23  trial court against the county.

24

25  Such statement also shall identify the revenues provided by s.

26  938.05(1) that were used to meet or reimburse the county for

27  such expenditures.

28         (2)(a)  Within 6 months of the close of the local

29  government fiscal year, each county shall submit to the

30  Comptroller a statement of compliance from its independent

31  certified public accountant, engaged pursuant to s. 218.39


                                  61

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






                                          HB 1197, First Engrossed



  1  chapter 11, that the certified statement of expenditures was

  2  in accordance with ss. 27.34(2), 27.54(3), and this section.

  3  All discrepancies noted by the independent certified public

  4  accountant shall be included in the statement furnished by the

  5  county to the Comptroller.

  6         Section 14.  Subsection (5) of section 30.51, Florida

  7  Statutes, is amended to read:

  8         30.51  Fees and commissions.--

  9         (5)  All fees, commissions, or other funds collected by

10  the sheriff for services rendered or performed by his or her

11  office shall be remitted monthly to the county, in the manner

12  prescribed by the auditor general.

13         Section 15.  Paragraph (k) of subsection (2) of section

14  39.202, Florida Statutes, is amended to read:

15         39.202  Confidentiality of reports and records in cases

16  of child abuse or neglect.--

17         (2)  Access to such records, excluding the name of the

18  reporter which shall be released only as provided in

19  subsection (4), shall be granted only to the following

20  persons, officials, and agencies:

21         (k)  Any appropriate official of a Florida advocacy

22  council investigating a report of known or suspected child

23  abuse, abandonment, or neglect; the Auditor General or the

24  Office of Program Policy Analysis and Government

25  Accountability for the purpose of conducting audits or

26  examinations preliminary or compliance reviews pursuant to law

27  s. 11.45; or the guardian ad litem for the child.

28         Section 16.  Subsection (1) of section 110.109, Florida

29  Statutes, is amended to read:

30         110.109  Productivity improvement and personnel audits

31  of executive branch agencies.--The department shall be


                                  62

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






                                          HB 1197, First Engrossed



  1  responsible for conducting personnel audits of all executive

  2  branch agencies, except the State University System, to

  3  provide as follows:

  4         (1)  In order to provide for the improvement of

  5  productivity and human resources management, the department

  6  shall have the authority to conduct agency personnel

  7  administration and management reviews to assist agencies in

  8  identifying areas of recommended improvement.  Such reviews

  9  shall be conducted in cooperation with the internal auditor of

10  the employing agency so as to ascertain the operational

11  necessity and effectiveness of agency personnel programs and

12  human resource management.  A copy of any such reviews made by

13  the department shall be submitted to the Legislature, and the

14  Auditor General, and the Office of Program Policy Analysis and

15  Government Accountability.

16         Section 17.  Paragraph (a) of subsection (9) of section

17  112.313, Florida Statutes, is amended to read:

18         112.313  Standards of conduct for public officers,

19  employees of agencies, and local government attorneys.--

20         (9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT

21  FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.--

22         (a)1.  It is the intent of the Legislature to implement

23  by statute the provisions of s. 8(e), Art. II of the State

24  Constitution relating to legislators, statewide elected

25  officers, appointed state officers, and designated public

26  employees.

27         2.  As used in this paragraph:

28         a.  "Employee" means:

29         (I)  Any person employed in the executive or

30  legislative branch of government holding a position in the

31  Senior Management Service as defined in s. 110.402 or any


                                  63

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






                                          HB 1197, First Engrossed



  1  person holding a position in the Selected Exempt Service as

  2  defined in s. 110.602 or any person having authority over

  3  policy or procurement employed by the Department of the

  4  Lottery.

  5         (II)  The Auditor General, the director of the Office

  6  of Program Policy Analysis and Government Accountability, the

  7  Sergeant at Arms and Secretary of the Senate, and the Sergeant

  8  at Arms and Clerk of the House of Representatives.

  9         (III)  The executive director of the Legislative

10  Committee on Intergovernmental Relations and the executive

11  director and deputy executive director of the Commission on

12  Ethics.

13         (IV)  An executive director, staff director, or deputy

14  staff director of each joint committee, standing committee, or

15  select committee of the Legislature; an executive director,

16  staff director, executive assistant, analyst, or attorney of

17  the Office of the President of the Senate, the Office of the

18  Speaker of the House of Representatives, the Senate Majority

19  Party Office, Senate Minority Party Office, House Majority

20  Party Office, or House Minority Party Office; or any person,

21  hired on a contractual basis, having the power normally

22  conferred upon such persons, by whatever title.

23         (V)  The Chancellor and Vice Chancellors of the State

24  University System; the general counsel to the Board of

25  Regents; and the president, vice presidents, and deans of each

26  state university.

27         (VI)  Any person having the power normally conferred

28  upon the positions referenced in this sub-subparagraph.

29         b.  "Appointed state officer" means any member of an

30  appointive board, commission, committee, council, or authority

31  of the executive or legislative branch of state government


                                  64

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






                                          HB 1197, First Engrossed



  1  whose powers, jurisdiction, and authority are not solely

  2  advisory and include the final determination or adjudication

  3  of any personal or property rights, duties, or obligations,

  4  other than those relative to its internal operations.

  5         c.  "State agency" means an entity of the legislative,

  6  executive, or judicial branch of state government over which

  7  the Legislature exercises plenary budgetary and statutory

  8  control.

  9         3.  No member of the Legislature, appointed state

10  officer, or statewide elected officer shall personally

11  represent another person or entity for compensation before the

12  government body or agency of which the individual was an

13  officer or member for a period of 2 years following vacation

14  of office. No member of the Legislature shall personally

15  represent another person or entity for compensation during his

16  or her term of office before any state agency other than

17  judicial tribunals or in settlement negotiations after the

18  filing of a lawsuit.

19         4.  No agency employee shall personally represent

20  another person or entity for compensation before the agency

21  with which he or she was employed for a period of 2 years

22  following vacation of position, unless employed by another

23  agency of state government.

24         5.  Any person violating this paragraph shall be

25  subject to the penalties provided in s. 112.317 and a civil

26  penalty of an amount equal to the compensation which the

27  person receives for the prohibited conduct.

28         6.  This paragraph is not applicable to:

29         a.  A person employed by the Legislature or other

30  agency prior to July 1, 1989;

31


                                  65

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






                                          HB 1197, First Engrossed



  1         b.  A person who was employed by the Legislature or

  2  other agency on July 1, 1989, whether or not the person was a

  3  defined employee on July 1, 1989;

  4         c.  A person who was a defined employee of the State

  5  University System or the Public Service Commission who held

  6  such employment on December 31, 1994;

  7         d.  A person who has reached normal retirement age as

  8  defined in s. 121.021(29), and who has retired under the

  9  provisions of chapter 121 by July 1, 1991; or

10         e.  Any appointed state officer whose term of office

11  began before January 1, 1995, unless reappointed to that

12  office on or after January 1, 1995.

13         Section 18.  Paragraphs (a) and (c) of subsection (7)

14  of section 112.324, Florida Statutes, are amended to read:

15         112.324  Procedures on complaints of violations.--

16         (7)  If, in cases pertaining to complaints other than

17  complaints against impeachable officers or members of the

18  Legislature, upon completion of a full and final investigation

19  by the commission, the commission finds that there has been a

20  violation of this part or of s. 8, Art. II of the State

21  Constitution, it shall be the duty of the commission to report

22  its findings and recommend appropriate action to the proper

23  disciplinary official or body as follows, and such official or

24  body shall have the power to invoke the penalty provisions of

25  this part, including the power to order the appropriate

26  elections official to remove a candidate from the ballot for a

27  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the

28  State Constitution:

29         (a)  The President of the Senate and the Speaker of the

30  House of Representatives, jointly, in any case concerning the

31  Public Counsel, members of the Public Service Commission,


                                  66

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






                                          HB 1197, First Engrossed



  1  members of the Public Service Commission Nominating Council,

  2  the Auditor General, the director of the Office of Program

  3  Policy Analysis and Government Accountability, or members of

  4  the Legislative Committee on Intergovernmental Relations.

  5         (c)  The President of the Senate, in any case

  6  concerning an employee of the Senate; the Speaker of the House

  7  of Representatives, in any case concerning an employee of the

  8  House of Representatives; or the President and the Speaker,

  9  jointly, in any case concerning an employee of a committee of

10  the Legislature whose members are appointed solely by the

11  President and the Speaker or in any case concerning an

12  employee of the Public Counsel, Public Service Commission,

13  Auditor General, Office of Program Policy Analysis and

14  Government Accountability, or Legislative Committee on

15  Intergovernmental Relations.

16         Section 19.  Subsection (2) of section 112.63, Florida

17  Statutes, is amended to read:

18         112.63  Actuarial reports and statements of actuarial

19  impact; review.--

20         (2)  The frequency of actuarial reports must be at

21  least every 3 years commencing from the last actuarial report

22  of the plan or system or October 1, 1980, if no actuarial

23  report has been issued within the 3-year period prior to

24  October 1, 1979. The results of each actuarial report shall be

25  filed with the plan administrator within 60 days of

26  certification. Thereafter, the results of each actuarial

27  report shall be made available for inspection upon request.

28  Additionally, each retirement system or plan covered by this

29  act which is not administered directly by the Department of

30  Management Services shall furnish a copy of each actuarial

31  report to the Department of Management Services within 60 days


                                  67

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






                                          HB 1197, First Engrossed



  1  after receipt from the actuary. The requirements of this

  2  section are supplemental to actuarial valuations necessary to

  3  comply with the requirements of ss. 218.321 11.45 and 218.39

  4  218.32.

  5         Section 20.  Section 116.07, Florida Statutes, is

  6  amended to read:

  7         116.07  Account books to be kept by sheriffs and

  8  clerks.--All sheriffs and clerks of the circuit court and ex

  9  officio clerks of the boards of county commissioners of this

10  state shall keep books of account and of record in accordance

11  with s. 218.33 forms to be approved by the Auditor General,

12  except such books and forms as are now otherwise provided for

13  by law.

14         Section 21.  Subsection (6) of section 119.07, Florida

15  Statutes, is amended to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (6)  Nothing in subsection (3) or any other general or

19  special law shall limit the access of the Auditor General, the

20  Office of Program Policy Analysis and Government

21  Accountability, or any state, county, municipal, university,

22  board of community college, school district, or special

23  district internal auditor to public records when such person

24  auditor states in writing that such records are needed for a

25  properly authorized audit, examination, or investigation. Such

26  person auditor shall maintain the confidentiality of any

27  public records that are confidential or exempt from the

28  provisions of subsection (1) and shall be subject to the same

29  penalties as the custodians of those public records for

30  violating confidentiality.

31


                                  68

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






                                          HB 1197, First Engrossed



  1         Section 22.  Paragraph (b) of subsection (8) of section

  2  122.03, Florida Statutes, is amended to read:

  3         122.03  Contributions; participants; prior service

  4  credit.--

  5         (8)  Any surviving spouse of a county official or

  6  former county official, who was formerly employed full time in

  7  the office of the county official and who is presently

  8  employed by the said county official or is a county official

  9  of any such county and who did not receive compensation for a

10  period of more than 10 years as such employee, may receive

11  credit for retirement purposes as provided for in this chapter

12  by:

13         (b)  Submitting affidavits from one assistant auditor

14  general and two county officials or former county officials

15  from any such county to substantiate said employment.

16         Section 23.  Subsection (7) of section 122.08, Florida

17  Statutes, is amended to read:

18         122.08  Requirements for retirement;

19  classifications.--There shall be two retirement

20  classifications for all state and county officers and

21  employees participating herein as hereafter provided in this

22  section:

23         (7)  No state or county official or employee who has a

24  shortage in his or her accounts, as certified by the Auditor

25  General, may retire or receive any benefits under this chapter

26  so long as such shortage exists.

27         Section 24.  Paragraph (x) of subsection (1) of section

28  125.01, Florida Statutes, is amended to read:

29         125.01  Powers and duties.--

30         (1)  The legislative and governing body of a county

31  shall have the power to carry on county government.  To the


                                  69

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






                                          HB 1197, First Engrossed



  1  extent not inconsistent with general or special law, this

  2  power includes, but is not restricted to, the power to:

  3         (x)  Employ an independent certified public accounting

  4  firm to audit any funds, accounts, and financial records of

  5  the county and its agencies and governmental subdivisions.

  6  Entities that are funded wholly or in part by the county, at

  7  the discretion of the county, may be required by the county to

  8  conduct a performance audit paid for by the county. An entity

  9  shall not be considered as funded by the county by virtue of

10  the fact that such entity utilizes the county to collect

11  taxes, assessments, fees, or other revenue. If an independent

12  special district receives county funds pursuant to a contract

13  or interlocal agreement for the purposes of funding, in whole

14  or in part, a discrete program of the district, only that

15  program may be required by the county to undergo a performance

16  audit. Not fewer than five copies of each complete audit

17  report, with accompanying documents, shall be filed with the

18  clerk of the circuit court and maintained there for public

19  inspection. The clerk shall thereupon forward one complete

20  copy of the audit report with accompanying documents to the

21  Auditor General, who shall retain the same as a public record

22  for 10 years from receipt thereof.

23         Section 25.  Paragraph (b) of subsection (7) of s.

24  125.0104, Florida Statutes, is amended to read:

25         125.0104  Tourist development tax; procedure for

26  levying; authorized uses; referendum; enforcement.--

27         (7)  AUTOMATIC EXPIRATION ON RETIREMENT OF

28  BONDS.--Anything in this section to the contrary

29  notwithstanding, if the plan for tourist development approved

30  by the governing board of the county, as amended from time to

31  time pursuant to paragraph (4)(d), includes the acquisition,


                                  70

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






                                          HB 1197, First Engrossed



  1  construction, extension, enlargement, remodeling, repair, or

  2  improvement of a publicly owned and operated convention

  3  center, sports stadium, sports arena, coliseum, or auditorium,

  4  or a museum that is publicly owned and operated or owned and

  5  operated by a not-for-profit organization, the county

  6  ordinance levying and imposing the tax shall automatically

  7  expire upon the later of:

  8         (a)  Retirement of all bonds issued by the county for

  9  financing the same; or

10         (b)  The expiration of any agreement by the county for

11  the operation or maintenance, or both, of a publicly owned and

12  operated convention center, sports stadium, sports arena,

13  coliseum, auditorium, or museum. However, nothing herein shall

14  preclude that county from amending the ordinance extending the

15  tax to the extent that the board of the county determines to

16  be necessary to provide funds with which to operate, maintain,

17  repair, or renew and replace a publicly owned and operated

18  convention center, sports stadium, sports arena, coliseum,

19  auditorium, or museum or from enacting an ordinance which

20  shall take effect without referendum approval pursuant to the

21  provisions of this section reimposing a tourist development

22  tax, upon or following the expiration of the previous

23  ordinance.

24         Section 26.  Subsection (1) of section 145.022, Florida

25  Statutes, is amended to read:

26         145.022  Guaranteed salary upon resolution of board of

27  county commissioners.--

28         (1)  Any board of county commissioners, with the

29  concurrence of the county official involved, shall by

30  resolution guarantee and appropriate a salary to the county

31  official, in an amount specified in this chapter, if all fees


                                  71

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






                                          HB 1197, First Engrossed



  1  collected by such official are turned over to the board of

  2  county commissioners. Such a resolution is applicable only

  3  with respect to the county official who concurred in its

  4  adoption and only for the duration of such official's tenure

  5  in his or her current term of office.  Copies of the

  6  resolution adopted shall be filed with the Department of

  7  Banking and Finance and the Auditor General.

  8         Section 27.  Subsection (2) of section 145.14, Florida

  9  Statutes, is amended to read:

10         145.14  Compensation of other county officials;

11  guarantee.--

12         (2)  With the concurrence of any county officer

13  described by subsection (1), any board of county commissioners

14  may by resolution guarantee and appropriate to that officer a

15  salary not to exceed $9,600 in lieu of fees, if all fees

16  collected are turned over to the board of county

17  commissioners. Copies of the resolution shall be filed with

18  the Department of Banking and Finance and the Auditor General.

19         Section 28.  Paragraph (o) of subsection (1) of section

20  154.11, Florida Statutes, is amended to read:

21         154.11  Powers of board of trustees.--

22         (1)  The board of trustees of each public health trust

23  shall be deemed to exercise a public and essential

24  governmental function of both the state and the county and in

25  furtherance thereof it shall, subject to limitation by the

26  governing body of the county in which such board is located,

27  have all of the powers necessary or convenient to carry out

28  the operation and governance of designated health care

29  facilities, including, but without limiting the generality of,

30  the foregoing:

31


                                  72

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






                                          HB 1197, First Engrossed



  1         (o)  To employ certified public accountants to audit

  2  and analyze the records of the board and to prepare financial

  3  or revenue statements of the board; however, this paragraph

  4  shall not in any way affect any responsibility of the Auditor

  5  General pursuant to s. 11.45 in connection with the records of

  6  the board.

  7         Section 29.  Paragraph (d) of subsection (2) of section

  8  154.331, Florida Statutes, is amended to read:

  9         154.331  County health and mental health care special

10  districts.--Each county may establish a dependent special

11  district pursuant to the provisions of chapter 125 or, by

12  ordinance, create an independent special district as defined

13  in s. 200.001(8)(e) to provide funding for indigent and other

14  health and mental health care services throughout the county

15  in accordance with this section.  The county governing body

16  shall obtain approval, by a majority vote of the electors, to

17  establish the district with authority to annually levy ad

18  valorem taxes which shall not exceed the maximum millage rate

19  authorized by this section.  Any independent health or mental

20  health care special district created by this section shall be

21  required to levy and fix millage subject to the provisions of

22  s. 200.065. Once approved by the electorate, the independent

23  health or mental health care special district shall not be

24  required to seek approval of the electorate in future years to

25  levy the previously approved millage.

26         (2)

27         (d)  All financial records and accounts relating to the

28  independent health or mental health care special district

29  shall be available for review by the county governing body and

30  for audit by state auditors assigned from time to time to

31  audit the affairs of the county officials.


                                  73

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






                                          HB 1197, First Engrossed



  1         Section 30.  Paragraph (c) of subsection (3) of section

  2  163.356, Florida Statutes, is amended to read:

  3         163.356  Creation of community redevelopment agency.--

  4         (3)

  5         (c)  The governing body of the county or municipality

  6  shall designate a chair and vice chair from among the

  7  commissioners.  An agency may employ an executive director,

  8  technical experts, and such other agents and employees,

  9  permanent and temporary, as it requires, and determine their

10  qualifications, duties, and compensation.  For such legal

11  service as it requires, an agency may employ or retain its own

12  counsel and legal staff.  An agency authorized to transact

13  business and exercise powers under this part shall file with

14  the governing body and with the Auditor General, on or before

15  March 31 of each year, a report of its activities for the

16  preceding fiscal year, which report shall include a complete

17  financial statement setting forth its assets, liabilities,

18  income, and operating expenses as of the end of such fiscal

19  year. At the time of filing the report, the agency shall

20  publish in a newspaper of general circulation in the community

21  a notice to the effect that such report has been filed with

22  the county or municipality and that the report is available

23  for inspection during business hours in the office of the

24  clerk of the city or county commission and in the office of

25  the agency.

26         Section 31.  Paragraph (b) of subsection (1) of section

27  175.261, Florida Statutes, is amended to read:

28         175.261  Annual report to Division of Retirement;

29  actuarial valuations.--For any municipality, special fire

30  control district, chapter plan, local law municipality, local

31  law special fire control district, or local law plan under


                                  74

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






                                          HB 1197, First Engrossed



  1  this chapter, the board of trustees for every chapter plan and

  2  local law plan shall submit the following reports to the

  3  division:

  4         (1)  With respect to chapter plans:

  5         (b)  In addition to annual reports provided under

  6  paragraph (a), by February 1 of each triennial year, an

  7  actuarial valuation of the chapter plan must be made by the

  8  division at least once every 3 years, as provided in s.

  9  112.63, commencing 3 years from the last actuarial valuation

10  of the plan or system for existing plans, or commencing 3

11  years from issuance of the initial actuarial impact statement

12  submitted under s. 112.63 for newly created plans. To that

13  end, the chair of the board of trustees for each firefighters'

14  pension trust fund operating under a chapter plan shall report

15  to the division such data as it needs to complete an actuarial

16  valuation of each fund. The forms for each municipality and

17  special fire control district shall be supplied by the

18  division.  The expense of this actuarial valuation shall be

19  borne by the firefighters' pension trust fund established by

20  ss. 175.041 and 175.121. The requirements of this section are

21  supplemental to the actuarial valuations necessary to comply

22  with ss. 218.321 11.45 and 218.39 218.32.

23         Section 32.  Paragraph (b) of subsection (1) of section

24  185.221, Florida Statutes, is amended to read:

25         185.221  Annual report to Division of Retirement;

26  actuarial valuations.--For any municipality, chapter plan,

27  local law municipality, or local law plan under this chapter,

28  the board of trustees for every chapter plan and local law

29  plan shall submit the following reports to the division:

30         (1)  With respect to chapter plans:

31


                                  75

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






                                          HB 1197, First Engrossed



  1         (b)  In addition to annual reports provided under

  2  paragraph (a), by February 1 of each triennial year, an

  3  actuarial valuation of the chapter plan must be made by the

  4  division at least once every 3 years, as provided in s.

  5  112.63, commencing 3 years from the last actuarial valuation

  6  of the plan or system for existing plans, or commencing 3

  7  years from the issuance of the initial actuarial impact

  8  statement submitted under s. 112.63 for newly created plans.

  9  To that end, the chair of the board of trustees for each

10  municipal police officers' retirement trust fund operating

11  under a chapter plan shall report to the division such data as

12  the division needs to complete an actuarial valuation of each

13  fund.  The forms for each municipality shall be supplied by

14  the division.  The expense of the actuarial valuation shall be

15  borne by the municipal police officers' retirement trust fund

16  established by s. 185.10. The requirements of this section are

17  supplemental to the actuarial valuations necessary to comply

18  with ss. 218.321 11.45 and 218.39 218.32.

19         Section 33.  Subsection (2) of section 189.4035,

20  Florida Statutes, is amended to read:

21         189.4035  Preparation of official list of special

22  districts.--

23         (2)  The official list shall be produced by the

24  department after the department has notified each special

25  district that is currently reporting to the department, the

26  Department of Banking and Finance pursuant to s. 218.32, or

27  the Auditor General pursuant to s. 218.39 11.45.  Upon

28  notification, each special district shall submit, within 60

29  days, its determination of its status.  The determination

30  submitted by a special district shall be consistent with the

31  status reported in the most recent local government audit of


                                  76

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






                                          HB 1197, First Engrossed



  1  district activities submitted to the Auditor General pursuant

  2  to s. 218.39 11.45.

  3         Section 34.  Subsection (1) of section 189.412, Florida

  4  Statutes, is amended to read:

  5         189.412  Special District Information Program; duties

  6  and responsibilities.--The Special District Information

  7  Program of the Department of Community Affairs is created and

  8  has the following special duties:

  9         (1)  The collection and maintenance of special district

10  compliance status reports from the Auditor General, the

11  Department of Banking and Finance, the Division of Bond

12  Finance of the State Board of Administration, the Department

13  of Management Services, the Department of Revenue, and the

14  Commission on Ethics for the reporting required in ss. 11.45,

15  112.3144, 112.3145, 112.3148, 112.3149, 112.63, 200.068,

16  218.32, 218.34, 218.38, 218.39, and 280.17 and chapter 121 and

17  from state agencies administering programs that distribute

18  money to special districts. The special district compliance

19  status reports must consist of a list of special districts

20  used in that state agency and a list of which special

21  districts did not comply with the reporting statutorily

22  required by that agency.

23         Section 35.  Paragraphs (f) and (g) of subsection (5)

24  of section 189.428, Florida Statutes, are amended to read:

25         189.428  Special districts; oversight review process.--

26         (5)  Those conducting the oversight review process

27  shall, at a minimum, consider the listed criteria for

28  evaluating the special district, but may also consider any

29  additional factors relating to the district and its

30  performance.  If any of the listed criteria do not apply to

31  the special district being reviewed, they need not be


                                  77

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






                                          HB 1197, First Engrossed



  1  considered.  The criteria to be considered by the reviewer

  2  include:

  3         (f)  Whether the Auditor General has notified the

  4  Legislative Auditing Committee determined that the special

  5  district's audit report, reviewed pursuant to s. 11.45(7),

  6  indicates that a deteriorating financial condition exists that

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

  8  actions are not taken to address such condition district is or

  9  may be in a state of financial emergency or has been

10  experiencing financial difficulty during any of the last 3

11  fiscal years for which data are available.

12         (g)  Whether the Auditor General has determined that

13  the special district is in a state of financial emergency as

14  provided in s. 218.503(1), and has notified the Governor and

15  the Legislative Auditing Committee failed to receive an audit

16  report and has made a determination that the special district

17  was required or may have been required to file an audit report

18  during any of the last 3 fiscal years for which the data are

19  available.

20         Section 36.  Section 193.074, Florida Statutes, is

21  amended to read:

22         193.074  Confidentiality of returns.--All returns of

23  property and returns required by s. 201.022 submitted by the

24  taxpayer pursuant to law shall be deemed to be confidential in

25  the hands of the property appraiser, the clerk of the circuit

26  court, the department, the tax collector, and the Auditor

27  General, and the Office of Program Policy Analysis and

28  Government Accountability, and their employees and persons

29  acting under their supervision and control, except upon court

30  order or order of an administrative body having quasi-judicial

31


                                  78

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






                                          HB 1197, First Engrossed



  1  powers in ad valorem tax matters, and such returns are exempt

  2  from the provisions of s. 119.07(1).

  3         Section 37.  Section 195.084, Florida Statutes, is

  4  amended to read:

  5         195.084  Information exchange.--

  6         (1)  The department shall promulgate rules and

  7  regulations for the exchange of information among the

  8  department, the property appraisers' offices, the tax

  9  collector, and the Auditor General, and the Office of Program

10  Policy Analysis and Government Accountability.  All records

11  and returns of the department useful to the property appraiser

12  or the tax collector shall be made available upon request but

13  subject to the reasonable conditions imposed by the

14  department.  This section shall supersede statutes prohibiting

15  disclosure only with respect to the property appraiser, the

16  tax collector, and the Auditor General, and the Office of

17  Program Policy Analysis and Government Accountability, but the

18  department may establish regulations setting reasonable

19  conditions upon the access to and custody of such information.

20  The Auditor General, the Office of Program Policy Analysis and

21  Government Accountability, the tax collectors, and the

22  property appraisers shall be bound by the same requirements of

23  confidentiality as the Department of Revenue.  Breach of

24  confidentiality shall be a misdemeanor of the first degree,

25  punishable as provided by ss. 775.082 and 775.083.

26         (2)  All of the records of property appraisers and

27  collectors, including, but not limited to, worksheets and

28  property record cards, shall be made available to the

29  Department of Revenue, the and Auditor General, and the Office

30  of Program Policy Analysis and Government Accountability.

31  Property appraisers and collectors are hereby directed to


                                  79

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






                                          HB 1197, First Engrossed



  1  cooperate fully with representatives of the Department of

  2  Revenue, the and Auditor General, and the Office of Program

  3  Policy Analysis and Government Accountability in realizing the

  4  objectives stated in s. 195.0012.

  5         Section 38.  Subsection (7) of section 195.096, Florida

  6  Statutes, is amended to read:

  7         195.096  Review of assessment rolls.--

  8         (7)  The Auditor General shall conduct a have the

  9  responsibility to perform performance audit audits of the

10  administration of ad valorem tax laws by the department

11  pursuant to the general authority granted in chapter 11.  Such

12  performance audits shall be conducted triennially following

13  completion of reviews conducted pursuant to this section.  The

14  performance audit report conducted pursuant to this subsection

15  shall be formally submitted to the Legislature no later than

16  April 1, on a triennial basis, reporting on the activities of

17  the ad valorem tax program of the Department of Revenue

18  related to the ad valorem tax rolls. The Auditor General shall

19  include, for at least four counties so reviewed, findings as

20  to the accuracy of assessment procedures, projections, and

21  computations made by the division, utilizing the same

22  generally accepted appraisal standards and procedures to which

23  the division and the property appraisers are required to

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

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

26  litigation between the state and county officials at the time

27  the report is to be issued.

28         Section 39.  Paragraph (c) of subsection (4) of section

29  196.101, Florida Statutes, is amended to read:

30         196.101  Exemption for totally and permanently disabled

31  persons.--


                                  80

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






                                          HB 1197, First Engrossed



  1         (4)

  2         (c)  The department shall require by rule that the

  3  taxpayer annually submit a sworn statement of gross income,

  4  pursuant to paragraph (a).  The department shall require that

  5  the filing of such statement be accompanied by copies of

  6  federal income tax returns for the prior year, wage and

  7  earnings statements (W-2 forms), and other documents it deems

  8  necessary, for each member of the household. The taxpayer's

  9  statement shall attest to the accuracy of such copies.  The

10  department shall prescribe and furnish a form to be used for

11  this purpose which form shall include spaces for a separate

12  listing of United States Department of Veterans Affairs

13  benefits and social security benefits.  All records produced

14  by the taxpayer under this paragraph are confidential in the

15  hands of the property appraiser, the department, the tax

16  collector, and the Auditor General, and the Office of Program

17  Policy Analysis and Government Accountability and shall not be

18  divulged to any person, firm, or corporation except upon court

19  order or order of an administrative body having quasi-judicial

20  powers in ad valorem tax matters, and such records are exempt

21  from the provisions of s. 119.07(1).

22         Section 40.  Paragraph (b) of subsection (1) of section

23  206.60, Florida Statutes, is amended to read:

24         206.60  County tax on motor fuel.--

25         (1)  The proceeds of the county fuel tax imposed

26  pursuant to s. 206.41(1)(b) are appropriated for public

27  transportation purposes in the manner following:

28         (b)1.  The Department of Revenue shall, from month to

29  month, distribute the amount allocated to each of the several

30  counties under paragraph (a) to the board of county

31  commissioners of the county, who shall use such funds solely


                                  81

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






                                          HB 1197, First Engrossed



  1  for the acquisition of rights-of-way; the construction,

  2  reconstruction, operation, maintenance, and repair of

  3  transportation facilities, roads, and bridges therein; or the

  4  reduction of bonded indebtedness of such county or of special

  5  road and bridge districts within such county, incurred for

  6  road and bridge or other transportation purposes. In the event

  7  the powers and duties relating to transportation facilities,

  8  roads, and bridges usually exercised and performed by boards

  9  of county commissioners are exercised and performed by some

10  other or separate county board, such board shall receive the

11  proceeds, exercise the powers, and perform the duties

12  designated in this section to be done by the boards of county

13  commissioners.

14         2.  The board of county commissioners of each county,

15  or any separate board or local agency exercising the powers

16  and performing the duties relating to transportation

17  facilities, roads, and bridges usually exercised and performed

18  by the boards of county commissioners, shall be assigned the

19  full responsibility for the maintenance of transportation

20  facilities in the county and of roads in the county road

21  system.

22         3.  In calculating the distribution of funds under

23  paragraph (a), the Department of Revenue shall obtain from the

24  Auditor General the certification of the level of assessment

25  in each district and shall pay only the amount of money which

26  is derived by multiplying said ratio and the amount which

27  would be due a district under paragraph (a).  The funds which

28  are raised under this section but are not distributed under

29  this section shall be deposited in the Fuel Tax Collection

30  Trust Fund.  All funds placed in the Fuel Tax Collection Trust

31


                                  82

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






                                          HB 1197, First Engrossed



  1  Fund shall be distributed in the same manner as provided in

  2  paragraphs (a) and (b).

  3         3.4.  Nothing in this paragraph as amended by chapter

  4  71-212, Laws of Florida, shall be construed to permit the

  5  expenditure of public funds in such manner or for such

  6  projects as would violate the State Constitution or the trust

  7  indenture of any bond issue or which would cause the state to

  8  lose any federal aid funds for highway or transportation

  9  purposes; and the provisions of this paragraph shall be

10  applied in a manner to avoid such result.

11         Section 41.  Paragraph (ff) of subsection (7) of

12  section 212.08, Florida Statutes, is amended to read:

13         212.08  Sales, rental, use, consumption, distribution,

14  and storage tax; specified exemptions.--The sale at retail,

15  the rental, the use, the consumption, the distribution, and

16  the storage to be used or consumed in this state of the

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

19         (7)  MISCELLANEOUS EXEMPTIONS.--

20         (ff)  Certain electricity or steam uses.--

21         1.  Subject to the provisions of subparagraph 4.,

22  charges for electricity or steam used to operate machinery and

23  equipment at a fixed location in this state when such

24  machinery and equipment is used to manufacture, process,

25  compound, produce, or prepare for shipment items of tangible

26  personal property for sale, or to operate pollution control

27  equipment, recycling equipment, maintenance equipment, or

28  monitoring or control equipment used in such operations are

29  exempt to the extent provided in this paragraph. If 75 percent

30  or more of the electricity or steam used at the fixed location

31  is used to operate qualifying machinery or equipment, 100


                                  83

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






                                          HB 1197, First Engrossed



  1  percent of the charges for electricity or steam used at the

  2  fixed location are exempt. If less than 75 percent but 50

  3  percent or more of the electricity or steam used at the fixed

  4  location is used to operate qualifying machinery or equipment,

  5  50 percent of the charges for electricity or steam used at the

  6  fixed location are exempt. If less than 50 percent of the

  7  electricity or steam used at the fixed location is used to

  8  operate qualifying machinery or equipment, none of the charges

  9  for electricity or steam used at the fixed location are

10  exempt.

11         2.  This exemption applies only to industries

12  classified under SIC Industry Major Group Numbers 10, 12, 13,

13  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

14  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

15  in this paragraph, "SIC" means those classifications contained

16  in the Standard Industrial Classification Manual, 1987, as

17  published by the Office of Management and Budget, Executive

18  Office of the President.

19         3.  Possession by a seller of a written certification

20  by the purchaser, certifying the purchaser's entitlement to an

21  exemption permitted by this subsection, relieves the seller

22  from the responsibility of collecting the tax on the

23  nontaxable amounts, and the department shall look solely to

24  the purchaser for recovery of such tax if it determines that

25  the purchaser was not entitled to the exemption.

26         4.  Such exemption shall be applied as follows:

27         a.  Beginning July 1, 1996, 20 percent of the charges

28  for such electricity shall be exempt.

29         b.  Beginning July 1, 1997, 40 percent of the charges

30  for such electricity shall be exempt.

31


                                  84

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






                                          HB 1197, First Engrossed



  1         c.  Beginning July 1, 1998, 60 percent of the charges

  2  for such electricity or steam shall be exempt.

  3         d.  Beginning July 1, 1999, 80 percent of the charges

  4  for such electricity or steam shall be exempt.

  5         e.  Beginning July 1, 2000, 100 percent of the charges

  6  for such electricity or steam shall be exempt.

  7         5.  Notwithstanding any other provision in this

  8  paragraph to the contrary, in order to receive the exemption

  9  provided in this paragraph a taxpayer must first register with

10  the WAGES Program Business Registry established by the local

11  WAGES coalition for the area in which the taxpayer is located.

12  Such registration establishes a commitment on the part of the

13  taxpayer to hire WAGES program participants to the maximum

14  extent possible consistent with the nature of their business.

15         6.a.  In order to determine whether the exemption

16  provided in this paragraph from the tax on charges for

17  electricity or steam has an effect on retaining or attracting

18  companies to this state, the Office of Program Policy Analysis

19  and Government Accountability shall monitor and report on the

20  industries receiving the exemption.

21         b.  The report shall be submitted no later than January

22  1, 2001, and must be comprehensive in scope, but, at a

23  minimum, must be conducted in such a manner as to specifically

24  determine the number of companies within each SIC Industry

25  Major Group receiving the exemption as of September 1, 2000,

26  the number of individuals employed by companies within each

27  SIC Industry Major Group receiving the exemption as of

28  September 1, 2000, whether the change, if any, in such number

29  of companies or employees is attributable to the exemption

30  provided in this paragraph, whether it would be sound public

31


                                  85

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






                                          HB 1197, First Engrossed



  1  policy to continue or discontinue the exemption, and the

  2  consequences of doing so.

  3         c.  The report shall be submitted to the President of

  4  the Senate, the Speaker of the House of Representatives, the

  5  Senate Minority Leader, and the House Minority Leader.

  6

  7  Exemptions provided to any entity by this subsection shall not

  8  inure to any transaction otherwise taxable under this chapter

  9  when payment is made by a representative or employee of such

10  entity by any means, including, but not limited to, cash,

11  check, or credit card even when that representative or

12  employee is subsequently reimbursed by such entity.

13         Section 42.  Subsection (6) of section 213.053, Florida

14  Statutes, is amended to read:

15         213.053  Confidentiality and information sharing.--

16         (6)  Any information received by the Department of

17  Revenue in connection with the administration of taxes,

18  including, but not limited to, information contained in

19  returns, reports, accounts, or declarations filed by persons

20  subject to tax, shall be made available by the department to

21  the Auditor General or his or her authorized agent, the

22  director of the Office of Program Policy Analysis and

23  Government Accountability or his or her authorized agent, the

24  Comptroller or his or her authorized agent, the Insurance

25  Commissioner or his or her authorized agent, the Treasurer or

26  his or her authorized agent, or a property appraiser or tax

27  collector or their authorized agents pursuant to s.

28  195.084(1), in the performance of their official duties, or to

29  designated employees of the Department of Education solely for

30  determination of each school district's price level index

31  pursuant to s. 236.081(2); however, no information shall be


                                  86

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






                                          HB 1197, First Engrossed



  1  disclosed to the Auditor General or his or her authorized

  2  agent, the director of the Office of Program Policy Analysis

  3  and Government Accountability or his or her authorized agent,

  4  the Comptroller or his or her authorized agent, the Insurance

  5  Commissioner or his or her authorized agent, the Treasurer or

  6  his or her authorized agent, or to a property appraiser or tax

  7  collector or their authorized agents, or to designated

  8  employees of the Department of Education if such disclosure is

  9  prohibited by federal law.  The Auditor General or his or her

10  authorized agent, the director of the Office of Program Policy

11  Analysis and Government Accountability or his or her

12  authorized agent, the Comptroller or his or her authorized

13  agent, the Treasurer or his or her authorized agent, and the

14  property appraiser or tax collector and their authorized

15  agents, or designated employees of the Department of Education

16  shall be subject to the same requirements of confidentiality

17  and the same penalties for violation of the requirements as

18  the department.  For the purpose of this subsection,

19  "designated employees of the Department of Education" means

20  only those employees directly responsible for calculation of

21  price level indices pursuant to s. 236.081(2).  It does not

22  include the supervisors of such employees or any other

23  employees or elected officials within the Department of

24  Education.

25         Section 43.  Subsection (6) of section 215.44, Florida

26  Statutes, is amended to read:

27         215.44  Board of Administration; powers and duties in

28  relation to investment of trust funds.--

29         (6)  The Auditor General shall audit annually the

30  entire operation of the board. The Office of Program Policy

31  Analysis and Government Accountability shall examine the


                                  87

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






                                          HB 1197, First Engrossed



  1  board's perform or cause to be performed a performance audit

  2  of the management by the board of investments every 2 years.

  3  In addition to the duties prescribed in this subsection, the

  4  Auditor General and the Office of Program Policy Analysis and

  5  Government Accountability shall annually as part of his or her

  6  audit conduct performance postaudits of investments under s.

  7  215.47(6) which are not otherwise authorized under ss.

  8  215.44-215.53.  The Office of Program Policy Analysis and

  9  Government Accountability Auditor General shall submit such

10  reports audit report to the board, the President of the

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

12  their designees.

13         Section 44.  Section 215.86, Florida Statutes, is

14  created to read:

15         215.86  Management systems and controls.--Each state

16  agency and the judicial branch as defined in s. 216.011 shall

17  establish and maintain management systems and controls that

18  promote and encourage compliance; economic, efficient, and

19  effective operations; reliability of records and reports; and

20  safeguarding of assets.  Accounting systems and procedures

21  shall be designed to fulfill the requirements of generally

22  accepted accounting principles.

23         Section 45.  Subsection (2) of section 215.94, Florida

24  Statutes, is amended to read:

25         215.94  Designation, duties, and responsibilities of

26  functional owners.--

27         (2)  The Department of Banking and Finance shall be the

28  functional owner of the Florida Accounting Information

29  Resource Subsystem established pursuant to ss. 11.46, 17.03,

30  215.86, 216.141, and 216.151 and further developed in

31  accordance with the provisions of ss. 215.90-215.96.  The


                                  88

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






                                          HB 1197, First Engrossed



  1  subsystem shall include, but shall not be limited to, the

  2  following functions:

  3         (a)  Accounting and reporting so as to provide timely

  4  data for producing financial statements for the state in

  5  accordance with generally accepted accounting principles.

  6         (b)  Auditing and settling claims against the state.

  7         Section 46.  Section 215.98, Florida Statutes, is

  8  created to read:

  9         215.98  Audits of state agency direct-support

10  organizations and citizen support organizations.--Each

11  direct-support organization and each citizen support

12  organization, created or authorized pursuant to law, and

13  created, approved, or administered by a state agency, other

14  than a university, district board of trustees of a community

15  college, or district school board, shall provide for an annual

16  financial audit of its accounts and records to be conducted by

17  an independent certified public accountant in accordance with

18  rules adopted by the Auditor General pursuant to s. 11.45(8)

19  and the state agency that created, approved, or administers

20  the direct-support organization or citizen support

21  organization. The audit report shall be submitted within 9

22  months after the end of the fiscal year to the Auditor General

23  and to the state agency responsible for creation,

24  administration, or approval of the direct-support organization

25  or citizen support organization. Such state agency, the

26  Auditor General, and the Office of Program Policy Analysis and

27  Government Accountability shall have the authority to require

28  and receive from the organization or from the independent

29  auditor any records relative to the operation of the

30  organization.

31


                                  89

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






                                          HB 1197, First Engrossed



  1         Section 47.  Subsection (1) of section 216.177, Florida

  2  Statutes, is amended to read:

  3         216.177  Appropriations acts, statement of intent,

  4  violation, notice, review and objection procedures.--

  5         (1)  When an appropriations act is delivered to the

  6  Governor after the Legislature has adjourned sine die, as soon

  7  as practicable, but no later than the 10th day before the end

  8  of the period allowed by law for veto consideration in any

  9  year in which an appropriation is made, the chairs of the

10  legislative appropriations committees shall jointly transmit:

11         (a)  The official list of General Revenue Fund

12  appropriations determined in consultation with the Executive

13  Office of the Governor to be nonrecurring; and

14         (b)  The documents set forth in s. 216.0442(2)(a) and

15  (c),

16

17  to the Executive Office of the Governor, the Comptroller, the

18  Auditor General, the director of the Office of Program Policy

19  Analysis and Government Accountability, the Chief Justice of

20  the Supreme Court, and each state agency. A request for

21  additional explanation and direction regarding the legislative

22  intent of the General Appropriations Act during the fiscal

23  year may be made only by and through the Executive Office of

24  the Governor for state agencies, and by and through the Chief

25  Justice of the Supreme Court for the judicial branch, as is

26  deemed necessary.  However, the Comptroller may also request

27  further clarification of legislative intent pursuant to the

28  Comptroller's responsibilities related to his or her preaudit

29  function of expenditures.

30         Section 48.  Subsection (2) of section 216.178, Florida

31  Statutes, is amended to read:


                                  90

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






                                          HB 1197, First Engrossed



  1         216.178  General Appropriations Act; format;

  2  procedure.--

  3         (2)  The Office of Planning and Budgeting shall develop

  4  a final budget report that reflects the net appropriations for

  5  each budget item.  The report shall reflect actual

  6  expenditures for each of the 2 preceding fiscal years and the

  7  estimated expenditures for the current fiscal year.  In

  8  addition, the report must contain the actual revenues and cash

  9  balances for the preceding 2 fiscal years and the estimated

10  revenues and cash balances for the current fiscal year.  The

11  report may also contain expenditure data, program objectives,

12  and program measures for each state agency program. The report

13  must be produced by October 15 each year.  A copy of the

14  report must be made available to each member of the

15  Legislature, to the head of each state agency, to the Auditor

16  General, to the director of the Office of Program Policy

17  Analysis and Government Accountability, and to the public.

18         Section 49.  Subsection (3) of section 216.292, Florida

19  Statutes, is amended to read:

20         216.292  Appropriations nontransferable; exceptions.--

21         (3)  The head of each department or the Chief Justice

22  of the Supreme Court, whenever it is deemed necessary by

23  reason of changed conditions, may transfer appropriations

24  funded from identical funding sources, except appropriations

25  for fixed capital outlay, and transfer the amounts included

26  within the total original approved budget and releases as

27  furnished pursuant to ss. 216.181 and 216.192, as follows:

28         (a)  Between categories of appropriations within a

29  budget entity, if no category of appropriation is increased or

30  decreased by more than 5 percent of the original approved

31


                                  91

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






                                          HB 1197, First Engrossed



  1  budget or $150,000, whichever is greater, by all action taken

  2  under this subsection.

  3         (b)  Additionally, between budget entities within

  4  identical categories of appropriations, if no category of

  5  appropriation is increased or decreased by more than 5 percent

  6  of the original approved budget or $150,000, whichever is

  7  greater, by all action taken under this subsection.

  8         (c)  Such authorized revisions must be consistent with

  9  the intent of the approved operating budget, must be

10  consistent with legislative policy and intent, and must not

11  conflict with specific spending policies specified in the

12  General Appropriations Act.

13

14  Such authorized revisions, together with related changes, if

15  any, in the plan for release of appropriations, shall be

16  transmitted by the state agency or by the judicial branch to

17  the Comptroller for entry in the Comptroller's records in the

18  manner and format prescribed by the Executive Office of the

19  Governor in consultation with the Comptroller.  A copy of such

20  revision shall be furnished to the Executive Office of the

21  Governor or the Chief Justice, the chair of the Legislative

22  Budget Commission, the chairs of the legislative committees,

23  and the Auditor General, and the director of the Office of

24  Program Policy Analysis and Government Accountability.

25         Section 50.  Subsection (1) of section 218.31, Florida

26  Statutes, is amended, and subsections (15), (16), (17), and

27  (18) are added to said section, to read:

28         218.31  Definitions.--As used in this part, except

29  where the context clearly indicates a different meaning:

30         (1)  "Local governmental entity" means a county agency

31  as defined in s. 11.45, a municipality, or a special district


                                  92

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






                                          HB 1197, First Engrossed



  1  as defined in s. 189.403. For purposes of s. 218.32, the term

  2  also includes a housing authority created under chapter 421.

  3         (15)  "Auditor" means an independent certified public

  4  accountant licensed pursuant to chapter 473 and retained by a

  5  local governmental entity to perform a financial audit.

  6         (16)  "County agency" means a board of county

  7  commissioners or other legislative and governing body of a

  8  county, however styled, including that of a consolidated or

  9  metropolitan government, a clerk of the circuit court, a

10  separate or ex officio clerk of the county court, a sheriff, a

11  property appraiser, a tax collector, a supervisor of

12  elections, or any other officer in whom any portion of the

13  fiscal duties of the above are under law separately placed.

14         (17)  "Financial audit" means an examination of

15  financial statements in order to express an opinion on the

16  fairness with which they are presented in conformity with

17  generally accepted accounting principles and an examination to

18  determine whether operations are properly conducted in

19  accordance with legal and regulatory requirements. Financial

20  audits must be conducted in accordance with generally accepted

21  auditing standards and government auditing standards as

22  adopted by the Board of Accountancy and as prescribed by rules

23  promulgated by the Auditor General.

24         (18)  "Management letter" means a statement of the

25  auditor's comments and recommendations as prescribed by rules

26  adopted by the Auditor General.

27         Section 51.  Subsection (1) of section 218.32, Florida

28  Statutes, is amended to read:

29         218.32  Annual financial reports; local governmental

30  entities.--

31


                                  93

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






                                          HB 1197, First Engrossed



  1         (1)(a)  Each local governmental entity that is

  2  determined to be a reporting entity, as defined by generally

  3  accepted accounting principles, and each independent special

  4  district as defined in s. 189.403, shall submit to the

  5  department a copy of its annual financial report for the

  6  previous fiscal year in a format prescribed by the department.

  7  The annual financial report must include a list of each local

  8  governmental entity included in the report and each local

  9  governmental entity that failed to provide financial

10  information as required by paragraph (b). The chair of the

11  governing body and the chief financial officer of each local

12  governmental entity shall sign the annual financial report

13  submitted pursuant to this subsection attesting to the

14  accuracy of the information included in the report. The county

15  annual financial report must be a single document that covers

16  each county agency.

17         (b)  Each component unit, as defined by generally

18  accepted accounting principles, of a local governmental entity

19  shall provide the local governmental entity, within a

20  reasonable time period as established by the local

21  governmental entity, with financial information necessary to

22  comply with the reporting requirements contained in this

23  section.

24         (c)  Each regional planning council created under s.

25  186.504, each local government finance commission, board, or

26  council, and each municipal power corporation created as a

27  separate legal or administrative entity by interlocal

28  agreement under s. 163.01(7) shall submit to the department a

29  copy of its audit report and an annual financial report for

30  the previous fiscal year in a format prescribed by the

31  department.


                                  94

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






                                          HB 1197, First Engrossed



  1         (d)  Each local governmental entity that is required to

  2  provide for an audit report in accordance with s. 218.39(1)

  3  11.45(3)(a)5. must submit the annual financial report with the

  4  audit report. A copy of the audit report and annual financial

  5  report must be submitted to the department within 45 days

  6  after the completion of the audit report but no later than 12

  7  months after the end of the fiscal year.

  8         (e)  Each local governmental entity that is not

  9  required to provide for an audit report in accordance with s.

10  218.39 All other reporting entities must submit the annual

11  financial report to the department no later than April 30 of

12  each year. The department shall consult with the Auditor

13  General in the development of the format of annual financial

14  reports submitted pursuant to this paragraph. The format shall

15  include balance sheet information to be utilized by the

16  Auditor General pursuant to s. 11.45(7)(f). The department

17  must forward the financial information contained within these

18  entities' annual financial reports to the Auditor General in

19  electronic form.  This paragraph does not apply to housing

20  authorities created under chapter 421.

21         (f)(e)  If the department does not receive a completed

22  annual financial report from a local governmental entity

23  within the required period, it shall notify the Legislative

24  Auditing Committee of the local governmental entity's failure

25  to comply with the reporting requirements. The committee shall

26  proceed in accordance with s. 11.40(5) report. Following

27  receipt of notification of failure to report, the committee

28  shall schedule a hearing for the purpose of receiving

29  additional testimony addressing the failure of local

30  governmental entities to comply with the reporting

31  requirements of this section.  After the hearing, the


                                  95

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






                                          HB 1197, First Engrossed



  1  committee shall determine which local governmental entities

  2  will be subjected to further state action.  If it finds that

  3  one or more local governmental entities should be subjected to

  4  further state action, the committee shall:

  5         1.  In the case of a county or municipality, request

  6  the Department of Revenue and the Department of Banking and

  7  Finance to withhold any funds not pledged for bond debt

  8  service satisfaction which are payable to the county or

  9  municipality until the required annual financial report is

10  received by the department. The Department of Revenue and the

11  Department of Banking and Finance are authorized to implement

12  the provisions of this subparagraph. The committee, in its

13  request, shall specify the date such action shall begin, and

14  the request must be received by the Department of Revenue and

15  the Department of Banking and Finance 30 days before the date

16  of distribution mandated by law.

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

18  Department of Community Affairs that the special district has

19  failed to provide the required annual financial report. Upon

20  notification, the Department of Community Affairs shall

21  proceed pursuant to ss. 189.421 and 189.422.

22         3.  In the case of a special district that is a

23  component unit and that did not provide the financial

24  information required by paragraph (b) to the applicable

25  reporting entity, notify the Department of Community Affairs

26  that the special district has failed to provide the required

27  financial information. Upon notification, the Department of

28  Community Affairs shall proceed pursuant to ss. 189.421 and

29  189.422.

30         Section 52.  Subsection (2) of section 218.33, Florida

31  Statutes, is amended to read:


                                  96

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






                                          HB 1197, First Engrossed



  1         218.33  Local governmental entities; establishment of

  2  uniform fiscal years and accounting practices and

  3  procedures.--

  4         (2)  Each local governmental entity shall follow

  5  uniform accounting practices and procedures as promulgated by

  6  rule of the department to assure the use of proper accounting

  7  and fiscal management by such units. Such rules shall include

  8  a uniform classification of accounts. The department shall

  9  make such reasonable rules regarding uniform accounting

10  practices and procedures by local governmental entities in

11  this state, including a uniform classification of accounts, as

12  it considers necessary to assure the use of proper accounting

13  and fiscal management techniques by such units.

14         Section 53.  Subsection (3) of section 218.38, Florida

15  Statutes, is amended to read:

16         218.38  Notice of bond issues required; verification.--

17         (3)  If a unit of local government fails to verify

18  pursuant to subsection (2) the information held by the

19  division, or fails to provide the information required by

20  subsection (1), the division shall notify the Legislative

21  Auditing Committee of such failure to comply. The committee

22  shall proceed in accordance with s. 11.40(5). Following

23  receipt of such notification of failure to comply with these

24  provisions, a hearing shall be scheduled by the committee for

25  the purpose of receiving testimony addressing the failure of

26  units of local government to comply with the requirements of

27  this section.  After the hearing, the committee shall

28  determine which units of local government will be subjected to

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

30  local government should be subjected to further state action,

31  the committee shall:


                                  97

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






                                          HB 1197, First Engrossed



  1         (a)  In the case of a unit of local government, request

  2  the Department of Revenue and the Department of Banking and

  3  Finance to withhold any funds not pledged for bond debt

  4  service satisfaction which are payable to such governmental

  5  entity. The Department of Revenue and the Department of

  6  Banking and Finance are authorized to implement the provisions

  7  of this paragraph. The committee, in its request, shall

  8  specify the date such action shall begin, and the request must

  9  be received by the Department of Revenue and the Department of

10  Banking and Finance 30 days before the date of the

11  distribution mandated by law.

12         (b)  In the case of a special district, notify the

13  Department of Community Affairs that the special district has

14  failed to comply.  Upon notification, the Department of

15  Community Affairs shall proceed pursuant to ss. 189.421 and

16  189.422.

17         Section 54.  Sections 218.39 and 218.391, Florida

18  Statutes, are created to read:

19         218.39  Annual financial audit reports.--

20         (1)  If, by the first day in any fiscal year, a local

21  governmental entity, district school board, charter school, or

22  charter technical career center has not been notified that a

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

24  Auditor General, each of the following entities shall have an

25  annual financial audit of its accounts and records completed

26  within 12 months after the end of its fiscal year by an

27  independent certified public accountant retained by it and

28  paid from its public funds:

29         (a)  Each county.

30         (b)  Any municipality with revenues or the total of

31  expenditures and expenses in excess of $250,000.


                                  98

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






                                          HB 1197, First Engrossed



  1         (c)  Any special district with revenues or the total of

  2  expenditures and expenses in excess of $100,000.

  3         (d)  Each district school board.

  4         (e)  Each charter school established under s. 228.056.

  5         (f)  Each charter technical center established under s.

  6  228.505.

  7         (g)  Each municipality with revenues or the total of

  8  expenditures and expenses between $100,000 and $250,000 that

  9  has not been subject to a financial audit pursuant to this

10  subsection for the 2 preceding fiscal years.

11         (h)  Each special district with revenues or the total

12  of expenditures and expenses between $50,000 and $100,000 that

13  has not been subject to a financial audit pursuant to this

14  subsection for the 2 preceding fiscal years.

15         (2)  The county audit report shall be a single document

16  that includes a financial audit of the county as a whole and,

17  for each county agency other than a board of county

18  commissioners, an audit of its financial accounts and records,

19  including reports on compliance and internal control,

20  management letters, and financial statements as required by

21  rules adopted by the Auditor General. In addition to such

22  requirements, if a board of county commissioners elects to

23  have a separate audit of its financial accounts and records in

24  the manner required by rules adopted by the Auditor General

25  for other county agencies, such separate audit shall be

26  included in the county audit report.

27         (3)  A dependent special district may make provision

28  for an annual financial audit by being included within the

29  audit of another local governmental entity upon which it is

30  dependent.  An independent special district may not make

31


                                  99

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






                                          HB 1197, First Engrossed



  1  provision for an annual financial audit by being included

  2  within the audit of another local governmental entity.

  3         (4)  A management letter shall be prepared and included

  4  as a part of each financial audit report.

  5         (5)  At the conclusion of the audit, the auditor shall

  6  discuss with the chair of each local governmental entity or

  7  the chair's designee, or with the elected official of each

  8  county agency or with the elected official's designee, or with

  9  the chair of the district school board or the chair's

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

11  or the chair's designee, or with the chair of the charter

12  technical career center or the chair's designee, as

13  appropriate, all of the auditor's comments that will be

14  included in the audit report.  If the officer is not available

15  to discuss the auditor's comments, their discussion is

16  presumed when the comments are delivered in writing to his or

17  her office.  The auditor shall notify each member of the

18  governing body of a local governmental entity or district

19  school board for which deteriorating financial conditions

20  exist that may cause a condition described in s. 218.503(1) to

21  occur if actions are not taken to address such conditions.

22         (6)  The officer's written statement of explanation or

23  rebuttal concerning the auditor's findings, including

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

25  governing body of the local governmental entity, district

26  school board, charter school, or charter technical career

27  center within 30 days after the delivery of the auditor's

28  findings.

29         (7)  The predecessor auditor of a district school board

30  shall provide the Auditor General access to the prior year's

31  working papers in accordance with the Statements on Auditing


                                 100

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






                                          HB 1197, First Engrossed



  1  Standards, including documentation of planning, internal

  2  control, audit results, and other matters of continuing

  3  accounting and auditing significance, such as the working

  4  paper analysis of balance sheet accounts and those relating to

  5  contingencies.

  6         (8)  All audits conducted in accordance with this

  7  section must be conducted in accordance with the rules of the

  8  Auditor General promulgated pursuant to s. 11.45.  All audit

  9  reports and the officer's written statement of explanation or

10  rebuttal must be submitted to the Auditor General within 45

11  days after delivery of the audit report to the entity's

12  governing body, but no later than 12 months after the end of

13  the fiscal year.

14         (9)  Each charter school and charter technical career

15  center must file a copy of its audit report with the

16  sponsoring entity; the local district school board, if not the

17  sponsoring entity; the Auditor General; and with the

18  Department of Education.

19         (10)  This section does not apply to housing

20  authorities created under chapter 421.

21         (11)  Notwithstanding the provisions of any local law,

22  the provisions of this section shall govern.

23         218.391  Auditor selection procedures.--

24         (1)  Each local governmental entity, district school

25  board, charter school, or charter technical career center

26  shall use auditor selection procedures when selecting an

27  auditor to conduct the annual financial audit required in s.

28  218.39.

29         (2)  The governing body of a charter county,

30  municipality, special district, charter school, or charter

31  technical career center shall establish an auditor selection


                                 101

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






                                          HB 1197, First Engrossed



  1  committee and auditor selection procedures or use the

  2  procedures outlined in subsection (3). The purpose of the

  3  committee and the procedures is to contract with an auditor to

  4  conduct the annual financial audit required in s. 218.39.

  5         (3)  The governing body of a noncharter county or

  6  district school board that retains a certified public

  7  accountant shall establish an auditor selection committee and

  8  select an auditor according to the following procedure:

  9         (a)  For each noncharter county, the auditor selection

10  committee shall consist of the county officers elected

11  pursuant to s. 1(d), Art. VIII of the State Constitution, and

12  one member of the board of county commissioners or its

13  designee.

14         (b)  The committee shall publicly announce, in a

15  uniform and consistent manner, each occasion when auditing

16  services are required to be purchased.  Public notice must

17  include a general description of the audit and must indicate

18  how interested certified public accountants can apply for

19  consideration.

20         (c)  The committee shall encourage firms engaged in the

21  lawful practice of public accounting who desire to provide

22  professional services to submit annually a statement of

23  qualifications and performance data.

24         (d)  Any certified public accountant desiring to

25  provide auditing services shall first be qualified pursuant to

26  law.  The committee shall make a finding that the firm or

27  individual to be employed is fully qualified to render the

28  required services. Among the factors to be considered in

29  making this finding are the capabilities, adequacy of

30  personnel, past record, and experience of the firm or

31  individual.


                                 102

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






                                          HB 1197, First Engrossed



  1         (e)  The committee shall adopt procedures for the

  2  evaluation of professional services, including, but not

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

  4  experience, results of recent external quality control

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

  6  committee to be applicable to its particular requirements.

  7         (f)  The public shall not be excluded from the

  8  proceedings under this subsection.

  9         (g)  The committee shall evaluate current statements of

10  qualifications and performance data on file with the

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

12  firms regarding the proposed audit, and shall conduct

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

14  fewer than three firms regarding their qualifications,

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

16  services.

17         (h)  The committee shall select in order of preference

18  no fewer than three firms deemed to be the most highly

19  qualified to perform the required services after considering

20  the following factors: the ability of professional personnel;

21  past performance; willingness to meet time requirements;

22  location; and recent, current, and projected workloads of the

23  firms. However, such distribution shall not violate the

24  principle of selection of the most highly qualified firms.  If

25  fewer than three firms desire to perform the services, the

26  committee shall recommend such firms as it determines to be

27  qualified.

28         (i)  The committee may request, accept, and consider

29  proposals for the compensation to be paid only during

30  competitive negotiations under paragraph (h). The firm ranked

31  first may then negotiate a contract with the board giving,


                                 103

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






                                          HB 1197, First Engrossed



  1  among other things, a basis of its fee for that engagement.

  2  If the board is unable to negotiate a satisfactory contract

  3  with that firm, negotiations with that firm shall be formally

  4  terminated, and the board shall then undertake negotiations

  5  with the second-ranked firm.  Failing accord with the

  6  second-ranked firm, negotiations shall then be terminated with

  7  that firm and undertaken with the third-ranked firm.

  8  Negotiations with the other ranked firms shall be undertaken

  9  in the same manner.  The board, in negotiating with firms, may

10  reopen formal negotiations with any one of the three

11  top-ranked firms, but it may not negotiate with more than one

12  firm at a time.  The board shall also negotiate on the scope

13  and quality of services.  In making such determination, the

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

15  professional services required in addition to considering

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

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

18  truth-in-negotiations certificate stating that the rates of

19  compensation and other factual unit costs supporting the

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

21  of contracting. Such certificate shall also contain a

22  description and disclosure of any understanding that places a

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

24  including any arrangements under which fixed limits on fees

25  will not be subject to reconsideration if unexpected

26  accounting or auditing issues are encountered.  Such

27  certificate shall also contain a description of any services

28  rendered by the certified public accountant or firm of

29  certified public accountants at rates or terms that are not

30  customary.  Any auditing service contract under which such a

31  certificate is required must contain a provision that the


                                 104

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






                                          HB 1197, First Engrossed



  1  original contract price and any additions thereto shall be

  2  adjusted to exclude any significant sums by which the board

  3  determines the contract price was increased due to inaccurate

  4  or incomplete factual unit costs.  All such contract

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

  6  the contract.

  7         (j)  If the board is unable to negotiate a satisfactory

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

  9  select additional firms, and the board shall continue

10  negotiations in accordance with this subsection until an

11  agreement is reached.

12         Section 55.  Subsection (22) of section 218.415,

13  Florida Statutes, is amended to read:

14         218.415  Local government investment

15  policies.--Investment activity by a unit of local government

16  must be consistent with a written investment plan adopted by

17  the governing body, or in the absence of the existence of a

18  governing body, the respective principal officer of the unit

19  of local government and maintained by the unit of local

20  government or, in the alternative, such activity must be

21  conducted in accordance with subsection (17).  Any such unit

22  of local government shall have an investment policy for any

23  public funds in excess of the amounts needed to meet current

24  expenses as provided in subsections (1)-(16), or shall meet

25  the alternative investment guidelines contained in subsection

26  (17). Such policies shall be structured to place the highest

27  priority on the safety of principal and liquidity of funds.

28  The optimization of investment returns shall be secondary to

29  the requirements for safety and liquidity.  Each unit of local

30  government shall adopt policies that are commensurate with the

31  nature and size of the public funds within its custody.


                                 105

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






                                          HB 1197, First Engrossed



  1         (22)  AUDITS.--Certified public accountants conducting

  2  audits of units of local government pursuant to s. 218.39

  3  11.45 shall report, as part of the audit, whether or not the

  4  unit of local government has complied with this section.

  5         Section 56.  Paragraph (g) of subsection (8) of section

  6  228.056, Florida Statutes, is amended to read:

  7         228.056  Charter schools.--

  8         (8)  REQUIREMENTS.--

  9         (g)  A charter school shall provide for be subject to

10  an annual financial audit in accordance with s. 218.39 a

11  manner similar to that of a school district.

12         Section 57.  Paragraph (d) of subsection (3) of section

13  228.093, Florida Statutes, is amended to read:

14         228.093  Pupil and student records and reports; rights

15  of parents, guardians, pupils, and students; notification;

16  penalty.--

17         (3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR

18  STUDENT.--The parent or guardian of any pupil or student who

19  attends or has attended any public school, area

20  vocational-technical training center, community college, or

21  institution of higher education in the State University System

22  shall have the following rights with respect to any records or

23  reports created, maintained, and used by any public

24  educational institution in the state.  However, whenever a

25  pupil or student has attained 18 years of age, or is attending

26  an institution of postsecondary education, the permission or

27  consent required of, and the rights accorded to, the parents

28  of the pupil or student shall thereafter be required of and

29  accorded to the pupil or student only, unless the pupil or

30  student is a dependent pupil or student of such parents as

31  defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue


                                 106

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






                                          HB 1197, First Engrossed



  1  Code of 1954). The State Board of Education shall formulate,

  2  adopt, and promulgate rules whereby parents, guardians,

  3  pupils, or students may exercise these rights:

  4         (d)  Right of privacy.--Every pupil or student shall

  5  have a right of privacy with respect to the educational

  6  records kept on him or her. Personally identifiable records or

  7  reports of a pupil or student, and any personal information

  8  contained therein, are confidential and exempt from the

  9  provisions of s. 119.07(1).  No state or local educational

10  agency, board, public school, area technical center, community

11  college, or institution of higher education in the State

12  University System shall permit the release of such records,

13  reports, or information without the written consent of the

14  pupil's or student's parent or guardian, or of the pupil or

15  student himself or herself if he or she is qualified as

16  provided in this subsection, to any individual, agency, or

17  organization.  However, personally identifiable records or

18  reports of a pupil or student may be released to the following

19  persons or organizations without the consent of the pupil or

20  the pupil's parent:

21         1.  Officials of schools, school systems, area

22  technical centers, community colleges, or institutions of

23  higher learning in which the pupil or student seeks or intends

24  to enroll; and a copy of such records or reports shall be

25  furnished to the parent, guardian, pupil, or student upon

26  request.

27         2.  Other school officials, including teachers within

28  the educational institution or agency, who have legitimate

29  educational interests in the information contained in the

30  records.

31


                                 107

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






                                          HB 1197, First Engrossed



  1         3.  The United States Secretary of Education, the

  2  Director of the National Institute of Education, the Assistant

  3  Secretary for Education, the Comptroller General of the United

  4  States, or state or local educational authorities who are

  5  authorized to receive such information subject to the

  6  conditions set forth in applicable federal statutes and

  7  regulations of the United States Department of Education, or

  8  in applicable state statutes and rules of the State Board of

  9  Education.

10         4.  Other school officials, in connection with a

11  pupil's or student's application for or receipt of financial

12  aid.

13         5.  Individuals or organizations conducting studies for

14  or on behalf of an institution or a board of education for the

15  purpose of developing, validating, or administering predictive

16  tests, administering pupil or student aid programs, or

17  improving instruction, if such studies are conducted in such a

18  manner as will not permit the personal identification of

19  pupils or students and their parents by persons other than

20  representatives of such organizations and if such information

21  will be destroyed when no longer needed for the purpose of

22  conducting such studies.

23         6.  Accrediting organizations, in order to carry out

24  their accrediting functions.

25         7.  School readiness coalitions and the Florida

26  Partnership for School Readiness in order to carry out their

27  assigned duties.

28         8.  For use as evidence in pupil or student expulsion

29  hearings conducted by a district school board pursuant to the

30  provisions of chapter 120.

31


                                 108

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






                                          HB 1197, First Engrossed



  1         9.  Appropriate parties in connection with an

  2  emergency, if knowledge of the information in the pupil's or

  3  student's educational records is necessary to protect the

  4  health or safety of the pupil, student, or other individuals.

  5         10.  The Auditor General and the Office of Program

  6  Policy Analysis and Government Accountability in connection

  7  with their his or her official functions; however, except when

  8  the collection of personally identifiable information is

  9  specifically authorized by law, any data collected by the

10  Auditor General and the Office of Program Policy Analysis and

11  Government Accountability is confidential and exempt from the

12  provisions of s. 119.07(1) and shall be protected in such a

13  way as will not permit the personal identification of students

14  and their parents by other than the Auditor General, the

15  Office of Program Policy Analysis and Government

16  Accountability, and their his or her staff, and such

17  personally identifiable data shall be destroyed when no longer

18  needed for the Auditor General's and the Office of Program

19  Policy Analysis and Government Accountability's official use.

20         11.a.  A court of competent jurisdiction in compliance

21  with an order of that court or the attorney of record pursuant

22  to a lawfully issued subpoena, upon the condition that the

23  pupil or student and the pupil's or student's parent are

24  notified of the order or subpoena in advance of compliance

25  therewith by the educational institution or agency.

26         b.  A person or entity pursuant to a court of competent

27  jurisdiction in compliance with an order of that court or the

28  attorney of record pursuant to a lawfully issued subpoena,

29  upon the condition that the pupil or student, or his or her

30  parent if the pupil or student is either a minor and not

31  attending an institution of postsecondary education or a


                                 109

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






                                          HB 1197, First Engrossed



  1  dependent of such parent as defined in 26 U.S.C. s. 152 (s.

  2  152 of the Internal Revenue Code of 1954), is notified of the

  3  order or subpoena in advance of compliance therewith by the

  4  educational institution or agency.

  5         12.  Credit bureaus, in connection with an agreement

  6  for financial aid which the student has executed, provided

  7  that such information may be disclosed only to the extent

  8  necessary to enforce the terms or conditions of the financial

  9  aid agreement. Credit bureaus shall not release any

10  information obtained pursuant to this paragraph to any person.

11         13.  Parties to an interagency agreement among the

12  Department of Juvenile Justice, school and law enforcement

13  authorities, and other signatory agencies for the purpose of

14  reducing juvenile crime and especially motor vehicle theft by

15  promoting cooperation and collaboration, and the sharing of

16  appropriate information in a joint effort to improve school

17  safety, to reduce truancy, in-school and out-of-school

18  suspensions, to support alternatives to in-school and

19  out-of-school suspensions and expulsions that provide

20  structured and well-supervised educational programs

21  supplemented by a coordinated overlay of other appropriate

22  services designed to correct behaviors that lead to truancy,

23  suspensions, and expulsions, and which support students in

24  successfully completing their education.  Information provided

25  in furtherance of such interagency agreements is intended

26  solely for use in determining the appropriate programs and

27  services for each juvenile or the juvenile's family, or for

28  coordinating the delivery of such programs and services, and

29  as such is inadmissible in any court proceedings prior to a

30  dispositional hearing unless written consent is provided by a

31


                                 110

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






                                          HB 1197, First Engrossed



  1  parent, guardian, or other responsible adult on behalf of the

  2  juvenile.

  3

  4  This paragraph does not prohibit any educational institution

  5  from publishing and releasing to the general public directory

  6  information relating to a pupil or student if the institution

  7  elects to do so.  However, no educational institution shall

  8  release, to any individual, agency, or organization which is

  9  not listed in subparagraphs 1.-13., directory information

10  relating to the student body in general or a portion thereof

11  unless it is normally published for the purpose of release to

12  the public in general.  Any educational institution making

13  directory information public shall give public notice of the

14  categories of information which it has designated as directory

15  information with respect to all pupils or students attending

16  the institution and shall allow a reasonable period of time

17  after such notice has been given for a parent, guardian,

18  pupil, or student to inform the institution in writing that

19  any or all of the information designated should not be

20  released.

21         Section 58.  Paragraph (e) of subsection (11) of

22  section 228.505, Florida Statutes, is amended to read:

23         228.505  Charter technical career centers.--

24         (11)  FUNDING.--

25         (e)  A center shall provide for is subject to an annual

26  financial audit in accordance with s. 218.39 a manner similar

27  to that of a school district or community college.

28         Section 59.  Subsection (4) of section 229.8021,

29  Florida Statutes, is amended to read:

30         229.8021  Direct-support organization; use of property;

31  board of directors; audit.--


                                 111

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






                                          HB 1197, First Engrossed



  1         (4)  ANNUAL AUDIT.--The direct-support organization

  2  shall provide make provision for an annual financial audit

  3  postaudit of its financial accounts to be conducted by an

  4  independent, certified public accountant in accordance with s.

  5  218.39 rules to be promulgated by the State Board of

  6  Education.  The annual audit report shall include a management

  7  letter and shall be submitted to the Auditor General and the

  8  State Board of Education for review.  The State Board of

  9  Education and the Auditor General have the authority to

10  require and receive from the organization or from its

11  independent auditor any detail or supplemental data relative

12  to the operation of the organization. The identity of donors

13  and all information identifying donors and prospective donors

14  is confidential and exempt from the provisions of s.

15  119.07(1), and that anonymity shall be maintained in the

16  auditor's report.  All other records and information shall be

17  considered public records for the purposes of chapter 119.

18         Section 60.  Paragraphs (l) and (m) are added to

19  subsection (10) of section 230.23, Florida Statutes, to read:

20         230.23  Powers and duties of school board.--The school

21  board, acting as a board, shall exercise all powers and

22  perform all duties listed below:

23         (10)  FINANCE.--Take steps to assure children adequate

24  educational facilities through the financial procedure

25  authorized in chapters 236 and 237 and as prescribed below:

26         (l)  Internal auditor.--The school board may employ an

27  internal auditor to perform ongoing financial verification of

28  the financial records of the school district. The internal

29  auditor shall report directly to the school board or its

30  designee.

31


                                 112

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






                                          HB 1197, First Engrossed



  1         (m)  Financial and performance audits.--In addition to

  2  the audits required by ss. 11.45 and 218.39, the school board

  3  may contract with an independent certified public accountant

  4  to conduct a financial or performance audit of its accounts

  5  and records retained by it and paid from its public funds.

  6         Section 61.  Subsection (4) of section 230.23025,

  7  Florida Statutes, is amended to read:

  8         230.23025  Best financial management practices;

  9  standards; reviews; designation of districts.--

10         (4)  District school boards that agree by a majority

11  plus one vote to institute the action plan shall submit an

12  annual report to the Legislature, the Governor, the SMART

13  Schools Clearinghouse, OPPAGA, the Auditor General, and the

14  Commissioner of Education on progress made towards

15  implementing the plan and whether changes have occurred in

16  other areas of operation which would affect compliance with

17  the best practices. Such districts shall be reviewed annually

18  by OPPAGA, in addition to the annual financial audit required

19  under s. 218.39 11.45, to determine whether they have attained

20  compliance with the best financial management practices in the

21  areas covered by the plan. Districts that are found to comply

22  with the best financial management practices shall receive a

23  "Seal of Best Financial Management" by the State Board of

24  Education certifying that the district is adhering to the

25  state's best financial management practices. This designation

26  shall be effective for a 5-year period, after which the

27  district school board may reapply for the designation to be

28  granted after another financial management practice review.

29  During the designation period, the district school board shall

30  annually notify the SMART Schools Clearinghouse, OPPAGA, the

31  Auditor General, and the State Board of Education of any


                                 113

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






                                          HB 1197, First Engrossed



  1  changes in policies or operations or any other situations that

  2  would not conform to the state's best financial management

  3  practices. The State Board of Education may revoke the

  4  designation of a district at any time if it determines that a

  5  district is no longer complying with the state's best

  6  financial management practices.

  7         Section 62.  Subsection (4) of section 237.40, Florida

  8  Statutes, is amended to read:

  9         237.40  Direct-support organization; use of property;

10  board of directors; audit.--

11         (4)  ANNUAL AUDIT.--Each The direct-support

12  organization shall provide make provisions for an annual

13  financial audit postaudit of its financial accounts and

14  records, to be conducted by an independent certified public

15  accountant the district auditor in accordance with rules to be

16  adopted by the Auditor General pursuant to s. 11.45(8) and the

17  Commissioner of Education.  The annual audit report shall

18  include a management letter and shall be submitted within 9

19  months after the fiscal year's end to filed as a public record

20  in the district school board and the Auditor General.  The

21  Commissioner of Education,  and the Auditor General, and the

22  Office of Program Policy Analysis and Government

23  Accountability have the authority to require and receive from

24  the organization or the district auditor any records detail or

25  supplemental data relative to the operation of the

26  organization. The identity of donors and all information

27  identifying donors and prospective donors are confidential and

28  exempt from the provisions of s. 119.07(1), and that anonymity

29  shall be maintained in the auditor's report.  All other

30  records and information shall be are considered public records

31  for the purposes of chapter 119.


                                 114

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






                                          HB 1197, First Engrossed



  1         Section 63.  Subsection (1) of section 240.214, Florida

  2  Statutes, is amended to read:

  3         240.214  State University System accountability

  4  process.--It is the intent of the Legislature that an

  5  accountability process be implemented which provides for the

  6  systematic, ongoing evaluation of quality and effectiveness in

  7  the State University System. It is further the intent of the

  8  Legislature that this accountability process monitor

  9  performance at the system level in each of the major areas of

10  instruction, research, and public service, while recognizing

11  the differing missions of each of the state universities. The

12  accountability process shall provide for the adoption of

13  systemwide performance standards and performance goals for

14  each standard identified through a collaborative effort

15  involving the State University System, the Legislature, and

16  the Governor's Office. These standards and goals shall be

17  consistent with s. 216.011(1) to maintain congruity with the

18  performance-based budgeting process.  This process requires

19  that university accountability reports reflect measures

20  defined through performance-based budgeting.  The

21  performance-based budgeting measures must also reflect the

22  elements of teaching, research, and service inherent in the

23  missions of the institutions in the State University System.

24         (1)  By December 31 of each year, the Board of Regents

25  shall submit an annual accountability report providing

26  information on the implementation of performance standards,

27  actions taken to improve university achievement of performance

28  goals, the achievement of performance goals during the prior

29  year, and initiatives to be undertaken during the next year.

30  The accountability reports shall be designed in consultation

31  with the Governor's Office, the Office of Program Policy


                                 115

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






                                          HB 1197, First Engrossed



  1  Analysis and Government Accountability the Auditor General,

  2  and the Legislature.

  3         Section 64.  Subsection (5) of section 240.299, Florida

  4  Statutes, is amended to read:

  5         240.299  Direct-support organizations; use of property;

  6  board of directors; activities; audit; facilities.--

  7         (5)  ANNUAL AUDIT.--Each direct-support organization

  8  shall provide make provisions for an annual financial audit

  9  postaudit of its financial accounts and records to be

10  conducted by an independent certified public accountant in

11  accordance with rules adopted to be promulgated by the Auditor

12  General pursuant to s. 11.45(8) and by the Board of Regents.

13  The annual audit report shall include a management letter and

14  shall be submitted, within 9 months after the end of the

15  fiscal year, to the Auditor General and the Board of Regents

16  for review.  The Board of Regents, and the Auditor General,

17  and the Office of Program Policy Analysis and Government

18  Accountability shall have the authority to require and receive

19  from the organization or from its independent auditor any

20  records detail or supplemental data relative to the operation

21  of the organization. The identity of donors who desire to

22  remain anonymous shall be protected, and that anonymity shall

23  be maintained in the auditor's report.  All records of the

24  organization other than the auditor's report, management

25  letter, and any supplemental data requested by the Board of

26  Regents, and the Auditor General, and the Office of Program

27  Policy Analysis and Government Accountability shall be

28  confidential and exempt from the provisions of s. 119.07(1).

29         Section 65.  Subsection (5) of section 240.2995,

30  Florida Statutes, is amended to read:

31


                                 116

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






                                          HB 1197, First Engrossed



  1         240.2995  University health services support

  2  organizations.--

  3         (5)  Each university health services support

  4  organization shall provide make provisions for an annual

  5  financial audit postaudit of its financial accounts to be

  6  conducted by an independent certified public accountant in

  7  accordance with s. 240.299(4) rules of the Board of Regents.

  8  The annual audit report shall include a management letter and

  9  shall be submitted to the Auditor General and the Board of

10  Regents for review.  The Board of Regents and the Auditor

11  General shall have the authority to require and receive from

12  the organization or from its independent auditor any detail or

13  supplemental data relative to the operation of the

14  organization. The auditor's report, management letter, and any

15  supplemental data requested by the Board of Regents and the

16  Auditor General shall be considered public records, pursuant

17  to s. 119.07.

18         Section 66.  Paragraph (c) of subsection (8) of section

19  240.311, Florida Statutes, is amended to read:

20         240.311  State Board of Community Colleges; powers and

21  duties.--

22         (8)

23         (c)  Any Florida not-for-profit corporation receiving

24  funds pursuant to this section shall make provisions for an

25  annual postaudit of its financial accounts to be conducted by

26  an independent certified public accountant in accordance with

27  rules to be adopted by the board.  The annual audit report

28  shall be submitted to the Auditor General and the board for

29  review.  The board, and the Auditor General, and the Office of

30  Program Policy Analysis and Government Accountability shall

31  have the authority to require and receive from the


                                 117

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






                                          HB 1197, First Engrossed



  1  organization or from its independent auditor any detail or

  2  supplemental data relative to the operation of the

  3  organization.

  4         Section 67.  Subsection (6) of section 240.331, Florida

  5  Statutes, is amended to read:

  6         240.331  Community college direct-support

  7  organizations.--

  8         (6)  ANNUAL AUDIT.--Each direct-support organization

  9  shall provide make provisions for an annual financial audit

10  postaudit of its financial accounts to be conducted by an

11  independent certified public accountant in accordance with

12  rules adopted to be promulgated by the Auditor General

13  pursuant to s. 11.45(8) district board of trustees. The annual

14  audit report must be submitted, within 9 months after the end

15  of the fiscal year, to the Auditor General, the State Board of

16  Community Colleges, and the board of trustees for review.  The

17  board of trustees, and the Auditor General, and the Office of

18  Program Policy Analysis and Government Accountability may

19  require and receive from the organization or from its

20  independent auditor any detail or supplemental data relative

21  to the operation of the organization.  The identity of donors

22  who desire to remain anonymous shall be protected, and that

23  anonymity shall be maintained in the auditor's report. All

24  records of the organization, other than the auditor's report,

25  any information necessary for the auditor's report, any

26  information related to the expenditure of funds, and any

27  supplemental data requested by the board of trustees, and the

28  Auditor General, and the Office of Program Policy Analysis and

29  Government Accountability, shall be confidential and exempt

30  from the provisions of s. 119.07(1).

31


                                 118

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






                                          HB 1197, First Engrossed



  1         Section 68.  Subsection (6) of section 240.3315,

  2  Florida Statutes, is amended to read:

  3         240.3315  Statewide community college direct-support

  4  organizations.--

  5         (6)  ANNUAL AUDIT.--A statewide community college

  6  direct-support organization shall provide make provisions for

  7  an annual financial audit postaudit of its financial accounts

  8  to be conducted by an independent certified public accountant

  9  in accordance with s. 240.331 rules to be adopted by the State

10  Board of Community Colleges.  The annual audit report shall be

11  submitted to the Auditor General and the State Board of

12  Community Colleges for review. The State Board of Community

13  Colleges and the Auditor General shall have the authority to

14  require and receive from the organization or from its

15  independent auditor any detail or supplemental data relative

16  to the operation of the organization. The identity of a donor

17  or prospective donor who desires to remain anonymous and all

18  information identifying such donor or prospective donor are

19  confidential and exempt from the provisions of s. 119.07(1)

20  and s. 24(a), Art. I of the State Constitution. Such anonymity

21  shall be maintained in the auditor's report.

22         Section 69.  Section 240.3631, Florida Statutes, is

23  created to read:

24         240.3631  Financial and performance audits.--Each

25  district board of trustees of a community college is

26  authorized to have an audit of their accounts and records by

27  an independent certified public accountant retained by them

28  and paid from their public funds.  These audits are in

29  addition to those required by s. 11.45.

30

31


                                 119

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






                                          HB 1197, First Engrossed



  1         Section 70.  Paragraph (d) of subsection (2) and

  2  paragraph (b) of subsection (8) of section 240.512, Florida

  3  Statutes, are amended to read:

  4         240.512  H. Lee Moffitt Cancer Center and Research

  5  Institute.--There is established the H. Lee Moffitt Cancer

  6  Center and Research Institute at the University of South

  7  Florida.

  8         (2)  The Board of Regents shall provide in the

  9  agreement with the not-for-profit corporation for the

10  following:

11         (d)  Preparation of an annual postaudit of the

12  not-for-profit corporation's financial accounts and the

13  financial accounts of any subsidiaries to be conducted by an

14  independent certified public accountant. The annual audit

15  report shall include management letters and shall be submitted

16  to the Auditor General and the Board of Regents for review.

17  The Board of Regents, and the Auditor General, and the Office

18  of Program Policy Analysis and Government Accountability shall

19  have the authority to require and receive from the

20  not-for-profit corporation and any subsidiaries or from their

21  independent auditor any detail or supplemental data relative

22  to the operation of the not-for-profit corporation or

23  subsidiary.

24         (8)

25         (b)  Proprietary confidential business information is

26  confidential and exempt from the provisions of s. 119.07(1)

27  and s. 24(a), Art. I of the State Constitution.  However, the

28  Auditor General, the Office of Program Policy Analysis and

29  Government Accountability, and Board of Regents, pursuant to

30  their oversight and auditing functions, must be given access

31  to all proprietary confidential business information upon


                                 120

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






                                          HB 1197, First Engrossed



  1  request and without subpoena and must maintain the

  2  confidentiality of information so received. As used in this

  3  paragraph, the term "proprietary confidential business

  4  information" means information, regardless of its form or

  5  characteristics, which is owned or controlled by the

  6  not-for-profit corporation or its subsidiaries; is intended to

  7  be and is treated by the not-for-profit corporation or its

  8  subsidiaries as private and the disclosure of which would harm

  9  the business operations of the not-for-profit corporation or

10  its subsidiaries; has not been intentionally disclosed by the

11  corporation or its subsidiaries unless pursuant to law, an

12  order of a court or administrative body, a legislative

13  proceeding pursuant to s. 5, Art. III of the State

14  Constitution, or a private agreement that provides that the

15  information may be released to the public; and which is

16  information concerning:

17         1.  Internal auditing controls and reports of internal

18  auditors;

19         2.  Matters reasonably encompassed in privileged

20  attorney-client communications;

21         3.  Contracts for managed-care arrangements, including

22  preferred provider organization contracts, health maintenance

23  organization contracts, and exclusive provider organization

24  contracts, and any documents directly relating to the

25  negotiation, performance, and implementation of any such

26  contracts for managed-care arrangements;

27         4.  Bids or other contractual data, banking records,

28  and credit agreements the disclosure of which would impair the

29  efforts of the not-for-profit corporation or its subsidiaries

30  to contract for goods or services on favorable terms;

31


                                 121

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






                                          HB 1197, First Engrossed



  1         5.  Information relating to private contractual data,

  2  the disclosure of which would impair the competitive interest

  3  of the provider of the information;

  4         6.  Corporate officer and employee personnel

  5  information;

  6         7.  Information relating to the proceedings and records

  7  of credentialing panels and committees and of the governing

  8  board of the not-for-profit corporation or its subsidiaries

  9  relating to credentialing;

10         8.  Minutes of meetings of the governing board of the

11  not-for-profit corporation and its subsidiaries, except

12  minutes of meetings open to the public pursuant to subsection

13  (9);

14         9.  Information that reveals plans for marketing

15  services that the corporation or its subsidiaries reasonably

16  expect to be provided by competitors;

17         10.  Trade secrets as defined in s. 688.002, including

18  reimbursement methodologies or rates; or

19         11.  The identity of donors or prospective donors of

20  property who wish to remain anonymous or any information

21  identifying such donors or prospective donors.  The anonymity

22  of these donors or prospective donors must be maintained in

23  the auditor's report.

24

25  As used in this paragraph, the term "managed care" means

26  systems or techniques generally used by third-party payors or

27  their agents to affect access to and control payment for

28  health care services. Managed-care techniques most often

29  include one or more of the following:  prior, concurrent, and

30  retrospective review of the medical necessity and

31  appropriateness of services or site of services; contracts


                                 122

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






                                          HB 1197, First Engrossed



  1  with selected health care providers; financial incentives or

  2  disincentives related to the use of specific providers,

  3  services, or service sites; controlled access to and

  4  coordination of services by a case manager; and payor efforts

  5  to identify treatment alternatives and modify benefit

  6  restrictions for high-cost patient care.

  7         Section 71.  Subsection (3) of section 240.5285,

  8  Florida Statutes, is amended to read:

  9         240.5285  Florida Atlantic University campuses.--

10         (3)  The Board of Regents shall take all actions

11  necessary to assure that Florida Atlantic University Broward

12  and Florida Atlantic University Boca Raton are partners in the

13  overall policymaking and academic governance structures of the

14  university. Annual legislative budget requests for operations

15  and facilities shall separately identify those funds requested

16  for Florida Atlantic University Broward and Florida Atlantic

17  University Boca Raton.  Florida Atlantic University Broward

18  and Florida Atlantic University Boca Raton shall have local

19  management authority over their campus faculty, staff, and

20  programs, but there shall be universitywide standards and

21  processes for evaluating requests for promotion and tenure;

22  there shall be complete transferability of credits and uniform

23  programs across campuses; and colleges operating on multiple

24  campuses shall have only one dean for each college. Florida

25  Atlantic University Broward shall establish a faculty senate

26  and may establish a direct-support organization. Any such

27  direct-support organization shall be subject to s. 240.299(4).

28         Section 72.  Paragraphs (b), (c), (d), (e), (f), and

29  (g) of subsection (22) of section 240.551, Florida Statutes,

30  are amended to read:

31         240.551  Florida Prepaid College Program.--


                                 123

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






                                          HB 1197, First Engrossed



  1         (22)  DIRECT-SUPPORT ORGANIZATION; AUTHORITY.--

  2         (b)  The direct-support organization shall operate

  3  under written contract with the board. The contract must

  4  provide for:

  5         1.  Approval of the articles of incorporation and

  6  bylaws of the direct-support organization by the board.

  7         2.  Submission of an annual budget for the approval of

  8  the board. The budget must comply with rules adopted by the

  9  board.

10         3.  An annual financial and compliance audit of its

11  financial accounts and records by an independent certified

12  public accountant in accordance with s. 215.98 rules adopted

13  by the board.

14         4.  Certification by the board that the direct-support

15  organization is complying with the terms of the contract and

16  in a manner consistent with the goals and purposes of the

17  board and in the best interest of the state. Such

18  certification must be made annually and reported in the

19  official minutes of a meeting of the board.

20         5.  The reversion to the board, or to the state if the

21  board ceases to exist, of moneys and property held in trust by

22  the direct-support organization for the benefit of the board

23  or program if the direct-support organization is no longer

24  approved to operate for the board or if the board ceases to

25  exist.

26         6.  The fiscal year of the direct-support organization,

27  which must begin July 1 of each year and end June 30 of the

28  following year.

29         7.  The disclosure of material provisions of the

30  contract and of the distinction between the board and the

31  direct-support organization to donors of gifts, contributions,


                                 124

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






                                          HB 1197, First Engrossed



  1  or bequests, and such disclosure on all promotional and

  2  fundraising publications.

  3         (c)  An annual financial and compliance audit of the

  4  financial accounts and records of the direct-support

  5  organization must be performed by an independent certified

  6  public accountant. The audit must be submitted to the board

  7  for review and approval. Upon approval, the board shall

  8  certify the audit report to the Auditor General for review.

  9  The board and Auditor General shall have the authority to

10  require and receive from the organization or its independent

11  auditor any detail or supplemental data relative to the

12  operation of the organization.

13         (c)(d)  The identity of donors who desire to remain

14  anonymous shall be confidential and exempt from the provisions

15  of s. 119.07(1) and s. 24(a), Art. I of the State

16  Constitution, and such anonymity shall be maintained in the

17  auditor's report. Information received by the organization

18  that is otherwise confidential or exempt by law shall retain

19  such status. Any sensitive, personal information regarding

20  contract beneficiaries, including their identities, is exempt

21  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

22  the State Constitution.

23         (d)(e)  The chair and the executive director of the

24  board shall be directors of the direct-support organization

25  and shall jointly name three other individuals to serve as

26  directors of the organization.

27         (e)(f)  The board may authorize the direct-support

28  organization established in this subsection to use program

29  property, except money, and use facilities and personal

30  services subject to the provisions of this section. If the

31  direct-support organization does not provide equal employment


                                 125

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






                                          HB 1197, First Engrossed



  1  opportunities to all persons regardless of race, color,

  2  religion, sex, age, or national origin, it may not use the

  3  property, facilities, or personal services of the board. For

  4  the purposes of this subsection, the term "personal services"

  5  includes full-time personnel and part-time personnel as well

  6  as payroll processing as prescribed by rule of the board. The

  7  board shall adopt rules prescribing the procedures by which

  8  the direct-support organization is governed and any conditions

  9  with which such a direct-support organization must comply to

10  use property, facilities, or personal services of the board.

11         (f)(g)  The board may invest funds of the

12  direct-support organization which have been allocated for the

13  purchase of advance payment contracts for scholarships with

14  receipts for advance payment contracts.

15         Section 73.  Subsection (6) of section 240.609, Florida

16  Statutes, is amended to read:

17         240.609  Postsecondary endowment grants.--

18         (6)  Matching endowment grants made pursuant to this

19  section to a qualified independent nonprofit college or

20  university shall be placed in a separate restricted endowment

21  by such institution.  The interest or other income accruing

22  from the endowment shall be expended exclusively for

23  professorships, library resources, scientific and technical

24  equipment, and nonathletic scholarships.  Moreover, the funds

25  in the endowment shall not be used for pervasively sectarian

26  instruction, religious worship, or theology or divinity

27  programs or resources.  The records of the endowment shall be

28  subject to review by the department and audit or examination

29  by the Auditor General and the Office of Program Policy

30  Analysis and Government Accountability.  If any institution

31  receiving a matching endowment grant pursuant to this section


                                 126

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






                                          HB 1197, First Engrossed



  1  ceases operations and undergoes dissolution proceedings, then

  2  all funds received pursuant to this section from the state

  3  shall be returned.

  4         Section 74.  Paragraph (h) of subsection (2) of section

  5  240.711, Florida Statutes, is amended to read:

  6         240.711  Ringling Center for Cultural Arts.--

  7         (2)

  8         (h)  The John and Mable Ringling Museum of Art

  9  direct-support organization shall provide for cause an annual

10  financial audit of its financial accounts to be conducted by

11  an independent certified public accountant, performed in

12  accordance with s. 240.299(4) generally accepted accounting

13  standards. Florida State University is authorized to require

14  and receive from the direct-support organization, or from its

15  independent auditor, any detail or supplemental data relative

16  to the operation of such organization. Information that, if

17  released, would identify donors who desire to remain

18  anonymous, is confidential and exempt from the provisions of

19  s. 119.07(1). Information that, if released, would identify

20  prospective donors is confidential and exempt from the

21  provisions of s. 119.07(1) when the direct-support

22  organization has identified the prospective donor itself and

23  has not obtained the name of the prospective donor by copying,

24  purchasing, or borrowing names from another organization or

25  source. Identities of such donors and prospective donors shall

26  not be revealed in the auditor's report.

27         Section 75.  Subsection (6) of section 250.115, Florida

28  Statutes, is amended to read:

29         250.115  Department of Military Affairs direct-support

30  organization.--

31


                                 127

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






                                          HB 1197, First Engrossed



  1         (6)  ANNUAL AUDIT.--The direct-support organization

  2  shall provide make provisions for an annual financial audit

  3  postaudit of its financial accounts to be conducted by an

  4  independent certified public accountant in accordance with s.

  5  215.98 rules to be promulgated by the Adjutant General. The

  6  annual audit report shall be submitted to the Auditor General

  7  and the Adjutant General. The Adjutant General and the Auditor

  8  General may require and receive from the organization or its

  9  independent auditor any detail or supplemental data relative

10  to the operation of the organization.

11         Section 76.  Subsection (11) of section 253.025,

12  Florida Statutes, is amended to read:

13         253.025  Acquisition of state lands for purposes other

14  than preservation, conservation, and recreation.--

15         (11)  The Auditor General shall conduct audits

16  performance postaudits of acquisitions and divestitures which,

17  according to his or her preliminary assessments of

18  board-approved acquisitions and divestitures, review of the

19  overall land acquisition program he or she deems necessary.

20  These preliminary assessments shall selected reviews will be

21  initiated not later than within 60 days following the final

22  approval by the board of land acquisitions under this section.

23  If an audit is conducted, the Auditor General shall submit an

24  audit report to the board of trustees, the President of the

25  Senate, the Speaker of the House of Representatives, and their

26  designees.

27         Section 77.  Subsection (16) of section 259.041,

28  Florida Statutes, is amended to read:

29         259.041  Acquisition of state-owned lands for

30  preservation, conservation, and recreation purposes.--

31


                                 128

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






                                          HB 1197, First Engrossed



  1         (16)  The Auditor General shall conduct audits

  2  performance postaudits of acquisitions and divestitures which

  3  he or she deems necessary, according to his or her preliminary

  4  assessments of board-approved acquisitions and divestitures

  5  review of the overall land acquisition program. These

  6  preliminary assessments shall selected reviews will be

  7  initiated not later than within 60 days following the final

  8  approval by the board of land acquisitions under this section.

  9  If an audit is conducted, the Auditor General shall submit an

10  audit report to the board of trustees, the President of the

11  Senate, the Speaker of the House of Representatives, and their

12  designees.

13         Section 78.  Subsection (7) of section 266.0018,

14  Florida Statutes, is amended to read:

15         266.0018  Direct-support organization.--

16         (7)  The direct-support organization shall provide for

17  an annual financial and compliance audit of its financial

18  accounts and records by an independent certified public

19  accountant in accordance with s. 215.98 rules established by

20  the board.  The annual audit report must be submitted to the

21  board for review and approval. Upon approval, the board shall

22  certify the audit report to the Auditor General for review.

23         Section 79.  Subsection (3) of section 267.17, Florida

24  Statutes, is amended to read:

25         267.17  Citizen support organizations; use of state

26  property; audit.--

27         (3)  ANNUAL AUDIT.--Each citizen support organization

28  shall provide for cause an annual financial audit in

29  accordance with s. 215.98 postaudit of its financial accounts

30  to be conducted by an independent certified public accountant.

31  The annual audit report shall be submitted to the division for


                                 129

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






                                          HB 1197, First Engrossed



  1  review.  The Auditor General and the division are each

  2  authorized to require and obtain from the citizen support

  3  organization, or from its independent auditor, such data as

  4  may be needed relative to the operation of the organization.

  5  The identity of donors who desire to remain anonymous shall be

  6  confidential and exempt from the provisions of s. 119.07(1),

  7  and that anonymity shall be maintained in the auditor's

  8  report.

  9         Section 80.  Subsection (6) of section 288.1226,

10  Florida Statutes, is amended to read:

11         288.1226  Florida Tourism Industry Marketing

12  Corporation; use of property; board of directors; duties;

13  audit.--

14         (6)  ANNUAL AUDIT.--The corporation shall provide make

15  provision for an annual financial audit in accordance with s.

16  215.98 postaudit of its financial accounts to be conducted by

17  an independent certified public accountant.  The annual audit

18  report shall be due prior to December 1 of each year, shall

19  include a management letter, and shall be submitted to the

20  Auditor General; the Office of Policy Analysis and Government

21  Accountability; and the Office of Tourism, Trade, and Economic

22  Development for review.  The Office of Program Policy Analysis

23  and Government Accountability; the Office of Tourism, Trade,

24  and Economic Development; and the Auditor General have the

25  authority to require and receive from the corporation or from

26  its independent auditor any detail or supplemental data

27  relative to the operation of the corporation. The Office of

28  Tourism, Trade, and Economic Development shall annually

29  certify whether the corporation is operating in a manner and

30  achieving the objectives that are consistent with the policies

31  and goals of the commission and its long-range marketing plan.


                                 130

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






                                          HB 1197, First Engrossed



  1  The identity of a donor or prospective donor to the

  2  corporation who desires to remain anonymous and all

  3  information identifying such donor or prospective donor are

  4  confidential and exempt from the provisions of s. 119.07(1)

  5  and s. 24(a), Art. I of the State Constitution.  Such

  6  anonymity shall be maintained in the auditor's report.

  7         Section 81.  Subsection (5) of section 288.1229,

  8  Florida Statutes, is amended to read:

  9         288.1229  Promotion and development of sports-related

10  industries and amateur athletics; direct-support organization;

11  powers and duties.--

12         (5)  The organization shall provide for an annual

13  financial and compliance audit in accordance with s. 215.98 of

14  its financial accounts and records by an independent certified

15  public accountant pursuant to rules established by the Office

16  of Tourism, Trade, and Economic Development.  The auditor

17  shall submit the audit report to the director of the office

18  for review and approval. If the audit report is approved, the

19  office shall certify the audit report to the Auditor General

20  for review.

21         Section 82.  Subsection (4) of section 288.809, Florida

22  Statutes, is amended to read:

23         288.809  Florida Intergovernmental Relations

24  Foundation; use of property; board of directors; audit.--

25         (4)  ANNUAL AUDIT.--The foundation shall provide make

26  provision for an annual financial audit in accordance with s.

27  215.98 postaudit of its financial accounts to be conducted by

28  an independent, certified public accountant.  The annual audit

29  report shall include a management letter and shall be

30  submitted to the Auditor General and the department for

31  review.  The department and the Auditor General have the


                                 131

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






                                          HB 1197, First Engrossed



  1  authority to require and receive from the foundation or from

  2  its independent auditor any detail or supplemental data

  3  relative to the operation of the foundation. The identity of a

  4  donor or prospective donor to the foundation who desires to

  5  remain anonymous and all information identifying such donor or

  6  prospective donor are confidential and exempt from the

  7  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  8  Constitution. Such anonymity shall be maintained in the

  9  auditor's report.

10         Section 83.  Section 288.9517, Florida Statutes, is

11  amended to read:

12         288.9517  Audits; confidentiality.--

13         (1)  The Auditor General and the director of the Office

14  of Program Policy Analysis and Government Accountability may,

15  pursuant to their his or her own authority or at the direction

16  of the Legislative Auditing Committee, conduct an audit or

17  examination of the technology development board or the

18  programs or entities created by the board. The audit,

19  examination, or report may not reveal the identity of any

20  person who has anonymously made a donation to the board

21  pursuant to subsection (2).

22         (2)  The identity of a donor, prospective donor, or

23  inventor who contributes to the board who desires to remain

24  anonymous and all information identifying such donor,

25  prospective donor, or inventor who contributes to the board

26  are confidential and exempt from the provisions of s.

27  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

28  anonymity shall be maintained in the auditor's report.

29         Section 84.  Subsection (5) of section 290.0056,

30  Florida Statutes, is amended to read:

31         290.0056  Enterprise zone development agency.--


                                 132

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






                                          HB 1197, First Engrossed



  1         (5)  The governing body shall designate a chair and

  2  vice chair from among the commissioners. An agency may employ

  3  an executive director, technical experts, and such other

  4  agents and employees, permanent and temporary, as it requires,

  5  and determine their qualifications, duties, and compensation.

  6  For such legal service as it requires, an agency may employ or

  7  retain its own counsel and legal staff. An agency authorized

  8  to transact business and exercise powers under this act shall

  9  file with the governing body and with the Auditor General, on

10  or before March 31 of each year, a report of its activities

11  for the preceding fiscal year, which report shall include a

12  complete financial statement setting forth its assets,

13  liabilities, income, and operating expenses as of the end of

14  such fiscal year. At the time of filing the report, the agency

15  shall publish in a newspaper of general circulation in the

16  community a notice to the effect that such report has been

17  filed with the county or municipality and that the report is

18  available for inspection during business hours in the office

19  of the clerk of the municipality or county and in the office

20  of the agency.

21         Section 85.  Section 290.015, Florida Statutes, is

22  amended to read:

23         290.015  Evaluation and review.--

24         (1)  Prior to January 1, 1995, the department shall

25  prescribe by rule, subject to the approval of the Office of

26  Program Policy Analysis and Government Accountability Auditor

27  General, a research design for the review and evaluation of

28  ss. 290.001-290.016, together with the incentives listed in s.

29  290.007. The research design shall set forth the types of

30  additional information necessary to effectuate the research

31


                                 133

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






                                          HB 1197, First Engrossed



  1  design. Such information shall be provided in the report

  2  required pursuant to s. 290.014(2).

  3         (2)  Prior to the 2000 Regular Session of the

  4  Legislature, the Office of Program Policy Analysis and

  5  Government Accountability Auditor General shall perform a

  6  review and evaluation of ss. 290.001-290.016, together with

  7  the incentives listed in s. 290.007, using the research design

  8  promulgated pursuant to subsection (1). The report shall

  9  critique the enterprise zone program and shall include an

10  analysis of the state incentives listed under s. 290.007. A

11  report of the findings and recommendations of the Office of

12  Program Policy Analysis and Government Accountability Auditor

13  General shall be submitted to the President of the Senate and

14  the Speaker of the House of Representatives prior to the 2000

15  Regular Session. The appropriate committees of the Senate and

16  House of Representatives shall consider legislation to

17  implement the recommendations of the Office of Program Policy

18  Analysis and Government Accountability Auditor General.

19         (3)  Prior to the 2001 Regular Session of the

20  Legislature, the appropriate substantive committees of both

21  the Senate and the House of Representatives, upon assignment

22  by the President and Speaker, respectively, shall be

23  responsible for the completion of a review and evaluation of

24  ss. 290.001-290.016, together with the incentives listed in s.

25  290.007.

26         Section 86.  Section 296.17, Florida Statutes, is

27  amended to read:

28         296.17  Audit; inspection; and standards for the

29  home.--The home shall be open at any time to audit and

30  inspection by the Auditor General and the Office of Program

31  Policy Analysis and Government Accountability, as provided by


                                 134

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






                                          HB 1197, First Engrossed



  1  law in s. 11.45, the Department of Veterans' Affairs, the

  2  United States Department of Veterans Affairs, and to any other

  3  audits or inspections as required by law to maintain

  4  appropriate standards in the home. The standards that the

  5  department shall use to regulate the operation of the home

  6  shall be those prescribed by the United States Department of

  7  Veterans Affairs, provided that where the state's standards

  8  are more restrictive, the standards of the state shall apply.

  9         Section 87.  Section 296.41, Florida Statutes, is

10  amended to read:

11         296.41  Audit; inspection; standards for the home.--The

12  home shall be open at any time to audit and inspection by the

13  Auditor General and the Office of Program Policy Analysis and

14  Government Accountability, as provided by law in s. 11.45, the

15  department, and the United States Department of Veterans

16  Affairs, and to any other audits or inspections as required by

17  law to maintain appropriate standards in the home.  The

18  standards that the department shall use to regulate the

19  operation of the home shall be those prescribed by the United

20  States Department of Veterans Affairs, provided that where the

21  state's standards are more restrictive, the standards of the

22  state shall apply.

23         Section 88.  Paragraph (a) of subsection (3) of section

24  311.07, Florida Statutes, is amended to read:

25         311.07  Florida seaport transportation and economic

26  development funding.--

27         (3)(a)  Program funds shall be used to fund approved

28  projects on a 50-50 matching basis with any of the deepwater

29  ports, as listed in s. 403.021(9)(b), which is governed by a

30  public body or any other deepwater port which is governed by a

31  public body and which complies with the water quality


                                 135

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






                                          HB 1197, First Engrossed



  1  provisions of s. 403.061, the comprehensive master plan

  2  requirements of s. 163.3178(2)(k), the local financial

  3  management and reporting provisions of part III of chapter

  4  218, and the auditing provisions of s. 11.45(3)(a)5. Program

  5  funds also may be used by the Seaport Transportation and

  6  Economic Development Council to develop with the Florida Trade

  7  Data Center such trade data information products which will

  8  assist Florida's seaports and international trade.

  9         Section 89.  Subsections (5), (6), and (7) of section

10  320.023, Florida Statutes, are amended to read:

11         320.023  Requests to establish voluntary checkoff on

12  motor vehicle registration application.--

13         (5)  A voluntary contribution collected and distributed

14  under this chapter, or any interest earned from those

15  contributions, may not be used for commercial or for-profit

16  activities nor for general or administrative expenses, except

17  as authorized by law, or to pay the cost of the audit or

18  report required by law.

19         (a)  All organizations that receive annual use fee

20  proceeds from the department are responsible for ensuring that

21  proceeds are used in accordance with law.

22         (b)  All organizational recipients of any voluntary

23  contributions in excess of $15,000, not otherwise subject to

24  annual audit by the Office of the Auditor General, shall

25  submit an annual audit of the expenditures of these

26  contributions and interest earned from these contributions, to

27  determine if expenditures are being made in accordance with

28  the specifications outlined by law. The audit shall be

29  prepared by a certified public accountant licensed under

30  chapter 473 at that organizational recipient's expense. The

31


                                 136

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






                                          HB 1197, First Engrossed



  1  notes to the financial statements should state whether

  2  expenditures were made in accordance with law.

  3         (b)(c)  Any organization not subject to In lieu of an

  4  annual audit pursuant to s. 215.97 shall, any organization

  5  receiving less than $15,000 in voluntary contributions

  6  directly from the department may annually attest report, under

  7  penalties of perjury, that such proceeds were used in

  8  compliance with law. The attestation shall be made annually in

  9  a form and format determined by the department.

10         (c)(d)  Any voluntary contributions authorized by law

11  shall only be distributed to an organization under an

12  appropriation by the Legislature.

13         (d)(e)  Any organization subject to audit pursuant to

14  s. 215.97 shall submit an audit report in accordance with

15  rules adopted by the Auditor General. The annual attestation

16  audit or report shall be submitted to the department for

17  review within 9 months 180 days after the end of the

18  organization's fiscal year.

19         (6)  Within 90 days after receiving an organization's

20  audit or attestation report, the department shall determine

21  which recipients have not complied with subsection (5).  If

22  the department determines that an organization has not

23  complied  or has failed to use the revenues in accordance with

24  law, the department must discontinue the distribution of the

25  revenues to the organization until the department determines

26  that the organization has complied. If an organization fails

27  to comply within 12 months after the voluntary contributions

28  are withheld by the department, the proceeds shall be

29  deposited into the Highway Safety Operating Trust Fund to

30  offset department costs.

31


                                 137

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






                                          HB 1197, First Engrossed



  1         (7)  The Auditor General and the department has have

  2  the authority to examine all records pertaining to the use of

  3  funds from the voluntary contributions authorized.

  4         Section 90.  Paragraph (b) of subsection (9) of section

  5  320.08058, Florida Statutes, is amended to read:

  6         320.08058  Specialty license plates.--

  7         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

  8         (b)  The license plate annual use fees are to be

  9  annually distributed as follows:

10         1.  Fifty-five percent of the proceeds from the Florida

11  Professional Sports Team plate must be deposited into the

12  Professional Sports Development Trust Fund within the Office

13  of Tourism, Trade, and Economic Development. These funds must

14  be used solely to attract and support major sports events in

15  this state.  As used in this subparagraph, the term "major

16  sports events" means, but is not limited to, championship or

17  all-star contests of Major League Baseball, the National

18  Basketball Association, the National Football League, the

19  National Hockey League, the men's and women's National

20  Collegiate Athletic Association Final Four basketball

21  championship, or a horseracing or dogracing Breeders' Cup. All

22  funds must be used to support and promote major sporting

23  events, and the uses must be approved by the Florida Sports

24  Foundation.

25         2.  The remaining proceeds of the Florida Professional

26  Sports Team license plate must be allocated to the Florida

27  Sports Foundation, a direct-support organization of the Office

28  of Tourism, Trade, and Economic Development.  These funds must

29  be deposited into the Professional Sports Development Trust

30  Fund within the Office of Tourism, Trade, and Economic

31  Development. These funds must be used by the Florida Sports


                                 138

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






                                          HB 1197, First Engrossed



  1  Foundation to promote the economic development of the sports

  2  industry; to distribute licensing and royalty fees to

  3  participating professional sports teams; to institute a grant

  4  program for communities bidding on minor sporting events that

  5  create an economic impact for the state; to distribute funds

  6  to Florida-based charities designated by the Florida Sports

  7  Foundation and the participating professional sports teams;

  8  and to fulfill the sports promotion responsibilities of the

  9  Office of Tourism, Trade, and Economic Development.

10         3.  The Florida Sports Foundation shall provide an

11  annual financial and compliance audit in accordance with s.

12  215.98 of its financial accounts and records by an independent

13  certified public accountant pursuant to the contract

14  established by the Office of Tourism, Trade, and Economic

15  Development as specified in s. 288.1229(5). The auditor shall

16  submit the audit report to the Office of Tourism, Trade, and

17  Economic Development for review and approval. If the audit

18  report is approved, the office shall certify the audit report

19  to the Auditor General for review.

20         Section 91.  Section 320.08062, Florida Statutes, is

21  amended to read:

22         320.08062  Audits and attestations required; annual use

23  fees of specialty license plates.--

24         (1)(a)  All organizations that receive annual use fee

25  proceeds from the department are responsible for ensuring that

26  proceeds are used in accordance with ss. 320.08056 and

27  320.08058.

28         (b)  All organizational recipients of any specialty

29  license plate annual use fee authorized in this chapter, not

30  otherwise subject to annual audit by the Office of the Auditor

31  General, shall submit an annual audit of the expenditures of


                                 139

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






                                          HB 1197, First Engrossed



  1  annual use fees and interest earned from these fees, to

  2  determine if expenditures are being made in accordance with

  3  the specifications outlined by law.  The audit shall be

  4  prepared by a certified public accountant licensed under

  5  chapter 473 at that organizational recipient's expense.  The

  6  notes to the financial statements should state whether

  7  expenditures were made in accordance with ss. 320.08056 and

  8  320.08058.

  9         (b)(c)  Any organization not subject to In lieu of an

10  annual audit pursuant to s. 215.97 shall, any organization

11  receiving less than $25,000 in annual use fee proceeds

12  directly from the department, or from another state agency,

13  may annually attest report, under penalties of perjury, that

14  such proceeds were used in compliance with ss. 320.08056 and

15  320.08058. The attestation shall be made annually in a form

16  and format determined by the department.

17         (c)(d)  Any organization subject to audit pursuant to

18  s. 215.97 shall submit an audit report in accordance with

19  rules adopted by the Auditor General. The annual attestation

20  audit or report shall be submitted to the department for

21  review within 9 months 180 days after the end of the

22  organization's fiscal year.

23         (2)  Within 90 days after receiving an organization's

24  audit or attestation report, the department shall determine

25  which recipients of revenues from specialty license plate

26  annual use fees have not complied with subsection (1). If the

27  department determines that an organization has not complied or

28  has failed to use the revenues in accordance with ss.

29  320.08056 and 320.08058, the department must discontinue the

30  distribution of the revenues to the organization until the

31  department determines that the organization has complied. If


                                 140

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






                                          HB 1197, First Engrossed



  1  an organization fails to comply within 12 months after the

  2  annual use fee proceeds are withheld by the department, the

  3  proceeds shall be deposited into the Highway Safety Operating

  4  Trust Fund to offset department costs related to the issuance

  5  of specialty license plates.

  6         (3)  The Auditor General and the department has have

  7  the authority to examine all records pertaining to the use of

  8  funds from the sale of specialty license plates.

  9         Section 92.  Subsections (5), (6), and (7) of section

10  322.081, Florida Statutes, are amended to read:

11         322.081  Requests to establish voluntary checkoff on

12  driver's license application.--

13         (5)  A voluntary contribution collected and distributed

14  under this chapter, or any interest earned from those

15  contributions, may not be used for commercial or for-profit

16  activities nor for general or administrative expenses, except

17  as authorized by law, or to pay the cost of the audit or

18  report required by law.

19         (a)  All organizations that receive annual use fee

20  proceeds from the department are responsible for ensuring that

21  proceeds are used in accordance with law.

22         (b)  All organizational recipients of any voluntary

23  contributions in excess of $15,000, not otherwise subject to

24  annual audit by the Office of the Auditor General, shall

25  submit an annual audit of the expenditures of these

26  contributions and interest earned from these contributions, to

27  determine if expenditures are being made in accordance with

28  the specifications outlined by law. The audit shall be

29  prepared by a certified public accountant licensed under

30  chapter 473 at that organizational recipient's expense. The

31


                                 141

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






                                          HB 1197, First Engrossed



  1  notes to the financial statements should state whether

  2  expenditures were made in accordance with law.

  3         (b)(c)  Any organization not subject to In lieu of an

  4  annual audit pursuant to s. 215.97 shall, any organization

  5  receiving less than $15,000 in voluntary contributions

  6  directly from the department may annually attest report, under

  7  penalties of perjury, that such proceeds were used in

  8  compliance with law. The attestation shall be made annually in

  9  a form and format determined by the department.

10         (c)(d)  Any voluntary contributions authorized by law

11  shall only be distributed to an organization under an

12  appropriation by the Legislature.

13         (d)(e)  Any organization subject to audit pursuant to

14  s. 215.97 shall submit an audit report in accordance with

15  rules adopted by the Auditor General. The annual attestation

16  audit or report must be submitted to the department for review

17  within 9 months 180 days after the end of the organization's

18  fiscal year.

19         (6)  Within 90 days after receiving an organization's

20  audit or attestation report, the department shall determine

21  which recipients have not complied with subsection (5).  If

22  the department determines that an organization has not

23  complied  or has failed to use the revenues in accordance with

24  law, the department must discontinue the distribution of the

25  revenues to the organization until the department determines

26  that the organization has complied. If an organization fails

27  to comply within 12 months after the voluntary contributions

28  are withheld by the department, the proceeds shall be

29  deposited into the Highway Safety Operating Trust Fund to

30  offset department costs.

31


                                 142

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






                                          HB 1197, First Engrossed



  1         (7)  The Auditor General and the department has have

  2  the authority to examine all records pertaining to the use of

  3  funds from the voluntary contributions authorized.

  4         Section 93.  Subsection (4) of section 334.0445,

  5  Florida Statutes, is amended to read:

  6         334.0445  Model career service classification and

  7  compensation plan.--

  8         (4)  The department shall issue a baseline report on

  9  the performance measures outlined in subsection (3) within 30

10  days after implementation of this act and shall provide

11  quarterly progress reports to the Department of Management

12  Services, the Executive Office of the Governor, legislative

13  appropriations committees, legislative personnel committees,

14  the Auditor General, the Office of Program Policy Analysis and

15  Government Accountability, and the affected certified

16  bargaining unions. Such reports shall contain the mandatory

17  measures listed in this legislation, as well as other mutually

18  agreed-upon measures between the Department of Transportation,

19  the Department of Management Services, the Executive Office of

20  the Governor, legislative appropriations committees,

21  legislative personnel committees, and the affected certified

22  bargaining unions.

23         Section 94.  Subsection (5) of section 339.406, Florida

24  Statutes, is amended, and subsection (7) is added to said

25  section, to read:

26         339.406  Contract between the department and the

27  corporation.--The contract must provide for:

28         (5)  The Yearly financial and compliance audits for

29  each corporation filing with by the department an annual

30  financial audit as defined in s. 11.45 and a management letter

31  and the Auditor General.


                                 143

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






                                          HB 1197, First Engrossed



  1         (7)  The authority for the department and the Auditor

  2  General to conduct audits.

  3         Section 95.  Paragraph (a) of subsection (13) of

  4  section 365.171, Florida Statutes, is amended to read:

  5         365.171  Emergency telephone number "911."--

  6         (13)  "911" FEE.--

  7         (a)  Following approval by referendum as set forth in

  8  paragraph (b), or following approval by a majority vote of its

  9  board of county commissioners, a county may impose a "911" fee

10  to be paid by the local exchange subscribers within its

11  boundaries served by the "911" service.  Proceeds from the

12  "911" fee shall be used only for "911" expenditures as set

13  forth in subparagraph 6.  The manner of imposing and

14  collecting said payment shall be as follows:

15         1.  At the request of the county subscribing to "911"

16  service, the telephone company shall, insofar as is

17  practicable, bill the "911" fee to the local exchange

18  subscribers served by the "911" service, on an individual

19  access line basis, at a rate not to exceed 50 cents per month

20  per line (up to a maximum of 25 access lines per account bill

21  rendered).  However, the fee may not be assessed on any pay

22  telephone in this state.  A county collecting the fee for the

23  first time may collect the fee for no longer than 36 months

24  without initiating the acquisition of its "911" equipment.

25         2.  Fees collected by the telephone company pursuant to

26  subparagraph 1. shall be returned to the county, less the

27  costs of administration retained pursuant to paragraph (c).

28  The county shall provide a minimum of 90 days' written notice

29  to the telephone company prior to the collection of any "911"

30  fees.

31


                                 144

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






                                          HB 1197, First Engrossed



  1         3.  Any county that currently has an operational "911"

  2  system or that is actively pursuing the implementation of a

  3  "911" system shall establish a fund to be used exclusively for

  4  receipt and expenditure of "911" fee revenues collected

  5  pursuant to this section.  All fees placed in said fund, and

  6  any interest accrued thereupon, shall be used solely for "911"

  7  costs described in subparagraph 6.  The money collected and

  8  interest earned in this fund shall be appropriated for "911"

  9  purposes by the county commissioners and incorporated into the

10  annual county budget. Such fund shall be included within the

11  financial audit performed The county shall annually have a

12  financial audit performed on this fund, in accordance with s.

13  218.39 11.45.  A report of the audit shall be forwarded to the

14  department within 60 days of its completion.  A county may

15  carry forward on an annual basis unspent moneys in the fund

16  for expenditures allowed by this section, or it may reduce its

17  fee. However, in no event shall a county carry forward more

18  than 10 percent of the "911" fee billed for the prior year.

19  The amount of moneys carried forward each year may be

20  accumulated in order to allow for capital improvements

21  described in this subsection.  The carryover shall be

22  documented by resolution of the board of county commissioners

23  expressing the purpose of the carryover or by an adopted

24  capital improvement program identifying projected expansion or

25  replacement expenditures for "911" equipment and service

26  features, or both.  In no event shall the "911" fee carryover

27  surplus moneys be used for any purpose other than for the

28  "911" equipment, service features, and installation charges

29  authorized in subparagraph 6. Nothing in this section shall

30  prohibit a county from using other sources of revenue for

31  improvements, replacements, or expansions of its "911" system.


                                 145

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






                                          HB 1197, First Engrossed



  1  A county may increase its fee for purposes authorized in this

  2  section. However, in no case shall the fee exceed 50 cents per

  3  month per line.  All current "911" fees shall be reported to

  4  the department within 30 days of the start of each county's

  5  fiscal period. Any fee adjustment made by a county shall be

  6  reported to the department.  A county shall give the telephone

  7  company a 90-day written notice of such fee adjustment.

  8         4.  The telephone company shall have no obligation to

  9  take any legal action to enforce collection of the "911" fee.

10  The telephone company shall provide quarterly to the county a

11  list of the names, addresses, and telephone numbers of any and

12  all subscribers who have identified to the telephone company

13  their refusal to pay the "911" fee.

14         5.  The county subscribing to "911" service shall

15  remain liable to the telephone company for any "911" service,

16  equipment, operation, or maintenance charge owed by the county

17  to the telephone company.

18

19  As used in this paragraph, "telephone company" means an

20  exchange telephone service provider of "911" service or

21  equipment to any county within its certificated area.

22         6.  It is the intent of the Legislature that the "911"

23  fee authorized by this section to be imposed by counties will

24  not necessarily provide the total funding required for

25  establishing or providing the "911" service.  For purposes of

26  this section, "911" service includes the functions of database

27  management, call taking, location verification, and call

28  transfer.  The following costs directly attributable to the

29  establishment and/or provision of "911" service are eligible

30  for expenditure of moneys derived from imposition of the "911"

31  fee authorized by this section:  the acquisition,


                                 146

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






                                          HB 1197, First Engrossed



  1  implementation, and maintenance of Public Safety Answering

  2  Point (PSAP) equipment and "911" service features, as defined

  3  in the Florida Public Service Commission's lawfully approved

  4  "911" and related tariffs and/or the acquisition,

  5  installation, and maintenance of other "911" equipment,

  6  including call answering equipment, call transfer equipment,

  7  ANI controllers, ALI controllers, ANI displays, ALI displays,

  8  station instruments, "911" telecommunications systems,

  9  teleprinters, logging recorders, instant playback recorders,

10  telephone devices for the deaf (TDD) used in the "911" system,

11  PSAP backup power systems, consoles, automatic call

12  distributors, and interfaces (hardware and software) for

13  computer-aided dispatch (CAD) systems; salary and associated

14  expenses for "911" call takers for that portion of their time

15  spent taking and transferring "911" calls; salary and

16  associated expenses for a county to employ a full-time

17  equivalent "911" coordinator position and a full-time

18  equivalent staff assistant position per county for the portion

19  of their time spent administrating the "911" system; training

20  costs for PSAP call takers in the proper methods and

21  techniques used in taking and transferring "911" calls; and

22  expenses required to develop and maintain all information (ALI

23  and ANI databases and other information source repositories)

24  necessary to properly inform call takers as to location

25  address, type of emergency, and other information directly

26  relevant to the "911" call-taking and transferring function.

27  The "911" fee revenues shall not be used to pay for any item

28  not listed, including, but not limited to, any capital or

29  operational costs for emergency responses which occur after

30  the call transfer to the responding public safety entity and

31  the costs for constructing buildings, leasing buildings,


                                 147

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






                                          HB 1197, First Engrossed



  1  maintaining buildings, or renovating buildings, except for

  2  those building modifications necessary to maintain the

  3  security and environmental integrity of the PSAP and "911"

  4  equipment rooms.

  5         7.  It is the goal of the Legislature that enhanced

  6  "911" service be available throughout the state.  Expenditure

  7  by counties of the "911" fees authorized by this section

  8  should support this goal to the greatest extent feasible

  9  within the context of local service needs and fiscal

10  capability. Nothing in this section shall be construed to

11  prohibit two or more counties from establishing a combined

12  emergency "911" telephone service by interlocal agreement and

13  utilizing the "911" fees authorized by this section for such

14  combined "911" service.

15         Section 96.  Subsection (3) of section 372.0215,

16  Florida Statutes, is amended to read:

17         372.0215  Citizen support organizations; use of state

18  property; audit.--

19         (3)  Each citizen support organization shall provide

20  for an annual financial audit in accordance with s. 215.98 of

21  its financial records and accounts by an independent certified

22  public accountant.  A citizen support organization shall

23  submit its annual audit report to the commission for review.

24  The commission shall submit the audit report to the Auditor

25  General. The commission and the Auditor General may obtain

26  additional data relative to the operation of a citizen support

27  organization from the citizen support organization or from its

28  independent auditor.  The identity of a donor or prospective

29  donor to a citizen support organization who desires to remain

30  anonymous and all information identifying such donor or

31  prospective donor are confidential and exempt from the


                                 148

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






                                          HB 1197, First Engrossed



  1  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  2  Constitution. Such anonymity shall be maintained in the

  3  auditor's report.

  4         Section 97.  Subsection (3) of section 373.45926,

  5  Florida Statutes, is amended to read:

  6         373.45926  Everglades Trust Fund; allocation of

  7  revenues and expenditure of funds for conservation and

  8  protection of natural resources and abatement of water

  9  pollution.--

10         (3)  The South Florida Water Management District shall

11  furnish, on a quarterly basis, a detailed copy of its

12  expenditures from the Everglades Trust Fund to the Governor,

13  the President of the Senate, and the Speaker of the House of

14  Representatives, and shall make copies available to the

15  public. The information shall be provided in a format approved

16  by the Joint Legislative Committee on Everglades Oversight. At

17  the direction of the Joint Legislative Committee on Everglades

18  Oversight, an audit a postaudit may be made from time to time

19  by the Auditor General, and such audit shall be within the

20  authority of said Auditor General, to make.

21         Section 98.  Section 373.507, Florida Statutes, is

22  amended to read:

23         373.507  Districts and basins; audits postaudits,

24  budgets.--

25         (1)  Each basin referred to in this chapter must

26  furnish a detailed copy of its budget and past year's

27  expenditures to the Governor, the Legislature, and the

28  governing body of each county in which the basin has

29  jurisdiction or derives any funds for the operations of the

30  basin.

31


                                 149

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






                                          HB 1197, First Engrossed



  1         (2)  Each district and basin referred to in this

  2  chapter must make provision for an annual postaudit of its

  3  financial accounts.  The postaudit must be made in accordance

  4  with the rules of the Auditor General adopted under ss. 11.47

  5  and 166.241.

  6         (2)(3)(a)  Each district referred to in this chapter

  7  must furnish copies of the following documents to the

  8  Governor, the President of the Senate, the Speaker of the

  9  House of Representatives, the chairs of all legislative

10  committees and subcommittees with substantive or fiscal

11  jurisdiction over districts, as determined by the President or

12  Speaker as applicable, the secretary of the department, and

13  the governing body of each county in which the district has

14  jurisdiction or derives any funds for the operations of the

15  district:

16         1.  The tentative budget.

17         2.  The adopted budget.

18         3.  The past year's expenditures.

19         4.  The audit report required postaudit described in s.

20  218.39 subsection (2).

21         (b)  The documents must be furnished by the earlier of

22  10 days following completion of each document or as otherwise

23  provided by law.

24         (c)  If any entity in paragraph (a) provides written

25  comments to the district regarding any document furnished, the

26  district must respond to the comments in writing and furnish

27  copies of the comments and written responses to the other

28  entities.

29         (d)  The audit report required in s. 218.39 shall be

30  furnished to the governing board of the district and the

31


                                 150

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






                                          HB 1197, First Engrossed



  1  clerks of the circuit courts of each county within or partly

  2  within the district.

  3         Section 99.  Subsection (9) of section 402.73, Florida

  4  Statutes, is amended to read:

  5         402.73  Contracting and performance standards.--

  6         (9)  The department must implement systems and controls

  7  to ensure financial integrity and service provision quality in

  8  the developmental services Medicaid waiver service system. The

  9  Auditor General shall include specific reference to systems

10  and controls related to financial integrity in the

11  developmental services Medicaid waiver service system in his

12  or her audit of the department for each fiscal year.

13         Section 100.  Subsection (8) of section 403.1826,

14  Florida Statutes, is amended to read:

15         403.1826  Grants, requirements for eligibility.--

16         (8)  Any local governmental agency receiving assistance

17  under ss. 403.1821-403.1832 shall keep such records as the

18  department prescribes, including records which fully disclose

19  the amount and disposition by the recipient of the proceeds of

20  such assistance, the total cost of the project or undertaking

21  in connection with such assistance given or used, the amount

22  of that portion of the cost of the project or undertaking

23  supplied by other sources, and such other records as will

24  facilitate an effective audit.  The department, and the

25  Auditor General, and the Office of Program Policy Analysis and

26  Government Accountability, or any of their duly authorized

27  representatives, shall have access, for the purpose of audit

28  and examination, to any books, documents, papers, and records

29  of the recipient that are pertinent to grants received under

30  ss. 403.1821-403.1832.  Upon project completion, the local

31  governmental agency shall submit to the department a separate


                                 151

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






                                          HB 1197, First Engrossed



  1  audit, by an independent certified public accountant, of the

  2  grant expenditures.

  3         Section 101.  Paragraph (d) of subsection (11) of

  4  section 403.8532, Florida Statutes, is amended to read:

  5         403.8532  Drinking water state revolving loan fund;

  6  use; rules.--

  7         (11)  Prior to approval of a loan, the local government

  8  or public water system shall, at a minimum:

  9         (d)  Provide assurance that records will be kept using

10  generally accepted government accounting principles standards

11  and that the department or its agents and the Auditor General,

12  or their agents will have access to all records pertaining to

13  the loan.

14         Section 102.  Subsection (2) of section 403.864,

15  Florida Statutes, is amended to read:

16         403.864  Public water supply accounting program.--

17         (2)  In furtherance of this intent, the Department of

18  Health and, the department, and the Auditor General shall

19  jointly develop an accounting program for use by the

20  department and the Department of Health and its units,

21  including the county health departments, to determine the

22  funds, overhead, personnel, and property used by each of the

23  departments in conducting its respective public water supply

24  functions and responsibilities for each fiscal year.  The

25  accounting program shall provide information sufficient to

26  satisfy state auditing and federal grant and aid reporting

27  requirements and shall include provisions requiring the

28  Department of Health to:

29         (a)  Segregate, from an accounting standpoint, funds

30  distributed to county health departments for public water

31


                                 152

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






                                          HB 1197, First Engrossed



  1  supply functions from other county health department trust

  2  funds.

  3         (b)  Segregate, from an accounting standpoint, funds

  4  distributed to the central and branch laboratories of the

  5  Department of Health for public water supply functions from

  6  other laboratory funds.

  7         (c)  Require each county health department, the central

  8  and each branch laboratory of the Department of Health, and

  9  any other entity of the Department of Health involved in and

10  carrying out public water supply functions to account to the

11  Department of Health on a semiannual basis for the funds

12  received, from whatever source, and used for public water

13  supply functions.

14         (d)  Require each county health department, the central

15  and each branch laboratory of the Department of Health, and

16  any other entity of the Department of Health involved in

17  carrying out public water supply functions either wholly or

18  partially with funds, either federal or state, received from

19  the department through an interagency agreement or other means

20  to account to the department on a semiannual basis for such

21  funds received and used for public water supply functions.

22         Section 103.  Paragraph (m) of subsection (4) of

23  section 411.01, Florida Statutes, is amended to read:

24         411.01  Florida Partnership for School Readiness;

25  school readiness coalitions.--

26         (4)  FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--

27         (m)  The Florida Partnership for School Readiness shall

28  have a budget, and shall be financed through an annual

29  appropriation made for this purpose in the General

30  Appropriations Act, and shall be subject to compliance audits

31  and annual financial audits by the Auditor General.


                                 153

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






                                          HB 1197, First Engrossed



  1

  2  To ensure that the system for measuring school readiness is

  3  comprehensive and appropriate statewide, as the system is

  4  developed and implemented, the partnership must consult with

  5  representatives of district school systems, providers of

  6  public and private child care, health care providers, large

  7  and small employers, experts in education for children with

  8  disabilities, and experts in child development.

  9         Section 104.  Subsection (2) of section 411.221,

10  Florida Statutes, is amended to read:

11         411.221  Prevention and early assistance strategic

12  plan; agency responsibilities.--

13         (2)  The strategic plan and subsequent plan revisions

14  shall incorporate and otherwise utilize, to the fullest extent

15  possible, the evaluation findings and recommendations from

16  intraagency, independent third-party, field projects, and

17  reports issued by the Auditor General or the Office of Program

18  Policy Analysis and Government Accountability evaluations, as

19  well as the recommendations of the State Coordinating Council

20  for School Readiness Programs.

21         Section 105.  Subsection (11) of section 413.615,

22  Florida Statutes, is amended to read:

23         413.615  Florida Endowment for Vocational

24  Rehabilitation.--

25         (11)  ANNUAL AUDIT.--The board shall provide for cause

26  an annual financial audit of the foundation foundation's

27  financial accounts to be conducted by an independent certified

28  public accountant in accordance with s. 215.98 rules adopted

29  by the division. The annual audit report shall be submitted to

30  the Auditor General and to the division for review. The

31  Auditor General and the division are each authorized to


                                 154

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






                                          HB 1197, First Engrossed



  1  require and receive from the foundation, or from its

  2  independent auditor, any relevant detail or supplemental data;

  3  however, The identities of donors and prospective donors who

  4  desire to remain anonymous shall be protected, and that

  5  anonymity shall be maintained in the auditor's report.

  6         Section 106.  Subsection (1) of section 413.87, Florida

  7  Statutes, is amended to read:

  8         413.87  Annual audit.--

  9         (1)  The corporation shall provide make provision for

10  an annual financial audit in accordance with s. 215.98

11  postaudit of its financial accounts to be conducted by an

12  independent certified public accountant. The annual audit

13  report is due before December 1 of each year, must include a

14  management letter, and must be submitted to the commission,

15  the Auditor General, and the Office of Program Policy Analysis

16  and Government Accountability for review. The Office of

17  Program Policy Analysis and Government Accountability, the

18  commission, and the Auditor General have the authority to

19  require and receive from the corporation or from its

20  independent auditor any detail or supplemental data relative

21  to the operation of the corporation. The corporation shall

22  annually certify whether the corporation is operating in a

23  manner that is consistent with, and achieving objectives that

24  are consistent with, the policies and goals of the commission

25  and the plan.

26         Section 107.  Section 413.88, Florida Statutes, is

27  amended to read:

28         413.88  Annual report of the Occupational Access and

29  Opportunity Commission; audits.--

30         (1)  Before January 1 of each year, the commission

31  shall submit to the Governor, the President of the Senate, and


                                 155

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






                                          HB 1197, First Engrossed



  1  the Speaker of the House of Representatives a complete and

  2  detailed report setting forth for itself and its designated

  3  administrative entity:

  4         (1)(a)  Its operations and accomplishments during the

  5  fiscal year.

  6         (2)(b)  Its business and operational plan.

  7         (3)(c)  The assets and liabilities of the designated

  8  administrative entity at the end of its most recent fiscal

  9  year.

10         (4)(d)  A copy of the annual financial and compliance

11  audit.

12         (2)  The Auditor General may, pursuant to his or her

13  own authority or at the direction of the Legislative Auditing

14  Committee, conduct an audit of the commission or its

15  designated administrative entity.

16         Section 108.  Subsection (12) and paragraph (b) of

17  subsection (13) of section 446.609, Florida Statutes, are

18  amended to read:

19         446.609  Jobs for Florida's Graduates Act.--

20         (12)  ANNUAL AUDIT.--The board shall provide for cause

21  an annual financial audit of the foundation foundation's

22  financial accounts to be conducted by an independent certified

23  public accountant in accordance with s. 215.98 rules adopted

24  by the department.  The annual audit report shall be submitted

25  to the Auditor General and the department for review.  The

26  Auditor General and the department may require and receive

27  from the foundation, or from its independent auditor, any

28  relevant detail or supplemental data.

29         (13)  ASSESSMENT OF PROGRAM RESULTS.--The success of

30  the Jobs for Florida's Graduates Program shall be assessed as

31  follows:


                                 156

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






                                          HB 1197, First Engrossed



  1         (b)  Beginning in the first year of the Jobs for

  2  Florida's Graduates Program, the Office Division of Economic

  3  and Demographic Research of the Joint Legislative Management

  4  Committee shall undertake, during the initial phase, an

  5  ongoing longitudinal study of participants to determine the

  6  overall efficacy of the program.  The division shall transmit

  7  its findings each year to the Office of Program Policy

  8  Analysis and Government Accountability for inclusion in the

  9  report provided for in paragraph (a).

10         Section 109.  Subsection (9) of section 455.32, Florida

11  Statutes, is amended to read:

12         455.32  Management Privatization Act.--

13         (9)  The corporation shall provide for an annual

14  financial and compliance audit of its financial accounts and

15  records by an independent certified public accountant in

16  accordance with generally accepted auditing standards. The

17  annual audit report shall include a management letter in

18  accordance with s. 11.45 and a detailed supplemental schedule

19  of expenditures for each expenditure category and a management

20  letter. The annual audit report must be submitted to the

21  board, the department, and the Auditor General for review. The

22  Auditor General may, pursuant to his or her authority or at

23  the direction of the Legislative Auditing Committee, conduct

24  an audit of the corporation.

25         Section 110.  Paragraph (j) of subsection (3) of

26  section 471.038, Florida Statutes, is amended to read:

27         471.038  Florida Engineers Management Corporation.--

28         (3)  The Florida Engineers Management Corporation is

29  created to provide administrative, investigative, and

30  prosecutorial services to the board in accordance with the

31  provisions of chapter 455 and this chapter. The management


                                 157

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






                                          HB 1197, First Engrossed



  1  corporation may hire staff as necessary to carry out its

  2  functions. Such staff are not public employees for the

  3  purposes of chapter 110 or chapter 112, except that the board

  4  of directors and the staff are subject to the provisions of s.

  5  112.061. The provisions of s. 768.28 apply to the management

  6  corporation, which is deemed to be a corporation primarily

  7  acting as an instrumentality of the state, but which is not an

  8  agency within the meaning of s. 20.03(11). The management

  9  corporation shall:

10         (j)  Provide for an annual financial and compliance

11  audit of its financial accounts and records by an independent

12  certified public accountant in accordance with generally

13  accepted auditing standards. The annual audit report shall

14  include a management letter in accordance with s. 11.45 and a

15  detailed supplemental schedule of expenditures for each

16  expenditure category and a management letter. The annual audit

17  report must be submitted to the board, the department, and the

18  Auditor General for review. The Auditor General may, pursuant

19  to his or her own authority or at the direction of the

20  Legislative Auditing Committee, conduct an audit of the

21  corporation.

22         Section 111.  Paragraph (c) of subsection (2) of

23  section 550.125, Florida Statutes, is amended to read:

24         550.125  Uniform reporting system; bond requirement.--

25         (2)

26         (c)  The Auditor General and the Office of Program

27  Policy Analysis and Government Accountability may, pursuant to

28  their own authority or at the direction of the Legislative

29  Auditing Committee, audit, examine, and check the books and

30  records of any permitholder and, upon the request of the

31


                                 158

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






                                          HB 1197, First Engrossed



  1  division, shall do so.  These audit reports shall become part

  2  of, and be maintained in, the division files.

  3         Section 112.  Subsections (1) and (3) of section

  4  570.903, Florida Statutes, are amended to read:

  5         570.903  Direct-support organization.--

  6         (1)  When the Legislature authorizes the establishment

  7  of a direct-support organization to provide assistance for the

  8  museums, the Florida Agriculture in the Classroom Program, the

  9  Florida State Collection of Arthropods, the Friends of the

10  Florida State Forests Program of the Division of Forestry, and

11  the Forestry Arson Alert Program, and other programs of the

12  department, in addition to any specific provisions elsewhere

13  stated, the following provisions shall govern the creation,

14  use, powers, and duties of the direct-support organization.

15         (a)  The department shall enter into a memorandum or

16  letter of agreement with the direct-support organization,

17  which shall specify the approval of the department, the powers

18  and duties of the direct-support organization, and rules with

19  which the direct-support organization shall comply.

20         (b)  The department may permit, without charge,

21  appropriate use of property, facilities, and personnel of the

22  department by a direct-support organization, subject to the

23  provisions of ss. 570.902 and 570.903.  The use shall be

24  directly in keeping with the approved purposes of the

25  direct-support organization and shall not be made at times or

26  places that would unreasonably interfere with opportunities

27  for the general public to use department facilities for

28  established purposes.

29         (c)  The department shall prescribe by contract or by

30  rule conditions with which a direct-support organization shall

31  comply in order to use property, facilities, or personnel of


                                 159

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






                                          HB 1197, First Engrossed



  1  the department or museum.  Such rules shall provide for budget

  2  and audit review and oversight by the department.

  3         (d)  The department shall not permit the use of

  4  property, facilities, or personnel of the museum, department,

  5  or designated program by a direct-support organization which

  6  does not provide equal employment opportunities to all persons

  7  regardless of race, color, religion, sex, age, or national

  8  origin.

  9         (3)(a)  The direct-support organization shall provide

10  make provisions for an annual financial audit of its financial

11  accounts to be conducted by an independent certified public

12  accountant in accordance with s. 215.98 generally accepted

13  accounting principles; provided that a direct-support

14  organization having less than $25,000 in total assets may be

15  audited by the department.  The annual audit report shall be

16  submitted to the Auditor General and to the department for

17  review within 2 months after the end of the direct-support

18  organization's fiscal year.

19         (b)  If the direct-support organization fails to submit

20  the audit report at the appropriate time, the Auditor General

21  may, pursuant to her or his own authority, conduct the audit,

22  or the Auditor General shall conduct the audit at the

23  direction of the Joint Legislative Auditing Committee, or the

24  department shall engage an independent certified public

25  accountant to conduct the audit.  The direct-support

26  organization shall pay for the entire costs of the audit.

27         (c)  The Auditor General and the department shall have

28  the authority to require and receive from the organization or

29  from its independent auditor any detail or supplemental data

30  relative to the operation of the direct-support organization.

31


                                 160

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






                                          HB 1197, First Engrossed



  1         Section 113.  Paragraph (d) of subsection (10) of

  2  section 601.15, Florida Statutes, is amended to read:

  3         601.15  Advertising campaign; methods of conducting;

  4  excise tax; emergency reserve fund; citrus research.--

  5         (10)  The powers and duties of the Department of Citrus

  6  include the following:

  7         (d)  To keep books, records, and accounts of all of its

  8  activities doings, which books, records, and accounts shall be

  9  open to inspection, and audit, and examination by the Auditor

10  General and the Office of Program Policy Analysis and

11  Government Accountability at all times.

12         Section 114.  Subsection (2) of section 616.263,

13  Florida Statutes, is amended to read:

14         616.263  Annual reports and audit of authority.--

15         (2)  The authority shall at all times maintain proper

16  accounting systems and procedures and shall be subject to

17  audit annual auditing by the Auditor General as provided in s.

18  11.45.

19         Section 115.  Subsection (4) of section 657.008,

20  Florida Statutes, is amended to read:

21         657.008  Place of doing business.--

22         (4)  Any credit union organized under this state or

23  federal law, the members of which are presently, or were at

24  the time of admission into the credit union, employees of the

25  state or a political subdivision or municipality thereof, or

26  members of the immediate families of such employees, may apply

27  for space in any building owned or leased by the state or

28  respective political subdivision or municipality in the

29  community or district in which the credit union does business.

30  The application shall be addressed to the officer charged with

31  the allotment of space in such building.  If space is


                                 161

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






                                          HB 1197, First Engrossed



  1  available, the officer may allot space to the credit union at

  2  a reasonable charge for rent or services. If the governing

  3  body having jurisdiction over the building determines that the

  4  services rendered by the credit union to the employees of the

  5  governing body are equivalent to a reasonable charge for rent

  6  or services, available space may be allotted to the credit

  7  union without charge for rent or services.  The officer

  8  charged with the allotment of space in such building shall

  9  report annually the terms and conditions of such use of space

10  to the Auditor General.

11         Section 116.  Subsection (5) of section 744.708,

12  Florida Statutes, is amended to read:

13         744.708  Reports and standards.--

14         (5)  An independent audit by a qualified certified

15  public accountant shall be performed at least every 2 years.

16  The audit should include an investigation into the practices

17  of the office for managing the person and property of the

18  wards. A copy of the report shall be submitted to the

19  Statewide Public Guardianship Office. In addition, the office

20  of public guardian shall be subject to audits or examinations

21  by the Auditor General and the Office of Program Policy

22  Analysis and Government Accountability pursuant to law s.

23  11.45.

24         Section 117.  Subsection (3) of section 943.25, Florida

25  Statutes, is amended to read:

26         943.25  Criminal justice trust funds; source of funds;

27  use of funds.--

28         (3)  The Auditor General is directed in her or his

29  financial audit of courts to ascertain that such assessments

30  have been collected and remitted and shall report to the

31  Legislature annually. All such records of the courts shall be


                                 162

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






                                          HB 1197, First Engrossed



  1  open for her or his inspection. The Auditor General is further

  2  directed to conduct financial audits of the expenditures of

  3  the trust funds and to report to the Legislature annually.

  4  Such audits shall be conducted in accordance with s. 11.45.

  5         Section 118.  Section 943.2569, Florida Statutes, is

  6  amended to read:

  7         943.2569  Annual audits of each center.--Each center

  8  shall provide for contract with an independent certified

  9  public accountant to conduct annual financial audit and a

10  management letter as defined in s. 11.45 audits of the center.

11  Each audit must comply with the rules of the Auditor General

12  for fiscal audits.

13         Section 119.  Paragraph (c) of subsection (2) of

14  section 944.512, Florida Statutes, is amended to read:

15         944.512  State lien on proceeds from literary or other

16  type of account of crime for which convicted.--

17         (2)  The proceeds of such account shall be distributed

18  in the following order:

19         (c)  After payments have been made pursuant to

20  paragraph (a) or paragraph (b), an amount equal to pay all

21  court costs in the prosecution of the convicted felon, which

22  shall include, but not be limited to, jury fees and expenses,

23  court reporter fees, and reasonable per diem for the

24  prosecuting attorneys for the state, shall go to the General

25  Revenue Fund.  Additional costs shall be assessed for the

26  computed per capita cost of imprisonment or supervision by the

27  state or county correctional system.  Such costs shall be

28  determined and certified by the prosecuting attorney and the

29  imprisoning entity and subject to review by the Auditor

30  General.

31


                                 163

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






                                          HB 1197, First Engrossed



  1         Section 120.  Subsection (3) of section 944.719,

  2  Florida Statutes, is amended to read:

  3         944.719  Adoption of rules, monitoring, and

  4  reporting.--

  5         (3)  The private vendor shall provide a work area at

  6  the private correctional facility for use by the contract

  7  monitor appointed by the department and shall provide the

  8  monitor with access to all data, reports, and other materials

  9  that the monitor, and the Auditor General, and the Office of

10  Program Policy Analysis and Government Accountability

11  determine are necessary to carry out monitoring and auditing

12  responsibilities.

13         Section 121.  Subsection (3) of section 944.802,

14  Florida Statutes, is amended to read:

15         944.802  Direct-support organization; definition; use

16  of property; board of directors; audit.--

17         (3)  ANNUAL AUDIT.--The direct-support organization

18  shall provide make provision for an any annual financial audit

19  postaudit of its financial accounts to be conducted by an

20  independent certified public accountant in accordance with s.

21  215.98 rules to be promulgated by the Department of

22  Corrections.  The annual audit report shall include a

23  management letter and shall be submitted to the Auditor

24  General and the Department of Corrections for review.  The

25  Department of Corrections and the Auditor General have the

26  authority to require and receive from the organization or from

27  its independent auditor any detail or supplemental data

28  relative to the operation of the organization.

29         Section 122.  Section 946.31, Florida Statutes, is

30  amended to read:

31


                                 164

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






                                          HB 1197, First Engrossed



  1         946.31  Sources of fund.--If any general service

  2  operation of an institution is transferred to the work program

  3  operation by the Department of Corrections, all assets and

  4  liabilities of such operation shall become a part of the

  5  Correctional Work Program Trust Fund. All income, receipts,

  6  earnings, and profits from work programs operated by the

  7  department shall be credited to the Correctional Work Program

  8  Trust Fund, to be used for the purposes set forth; however, if

  9  the earned surplus in the fund at the end of any fiscal year

10  exceeds $5 million, one-half of such amount as is determined

11  by the Auditor General to be in excess of this amount shall be

12  deposited in the General Revenue Fund, and the other half

13  shall be used by the department for the expansion and

14  improvement of inmate work programs.

15         Section 123.  Subsection (3) of section 948.15, Florida

16  Statutes, is amended to read:

17         948.15  Misdemeanor probation services.--

18         (3)  Any private entity providing services for the

19  supervision of misdemeanor probationers must contract with the

20  county in which the services are to be rendered. In a county

21  with a population of less than 70,000, the county court judge,

22  or the administrative judge of the county court in a county

23  that has more than one county court judge, must approve the

24  contract. Terms of the contract must state, but are not

25  limited to:

26         (a)  The extent of the services to be rendered by the

27  entity providing supervision or rehabilitation.

28         (b)  Staff qualifications and criminal record checks of

29  staff in accordance with essential standards established by

30  the American Correctional Association as of January 1, 1991.

31         (c)  Staffing levels.


                                 165

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






                                          HB 1197, First Engrossed



  1         (d)  The number of face-to-face contacts with the

  2  offender.

  3         (e)  Procedures for handling the collection of all

  4  offender fees and restitution.

  5         (f)  Procedures for handling indigent offenders which

  6  ensure placement irrespective of ability to pay.

  7         (g)  Circumstances under which revocation of an

  8  offender's probation may be recommended.

  9         (h)  Reporting and recordkeeping requirements.

10         (i)  Default and contract termination procedures.

11         (j)  Procedures that aid offenders with job assistance.

12

13  In addition, the entity shall supply the chief judge's office

14  with a quarterly report summarizing the number of offenders

15  supervised by the private entity, payment of the required

16  contribution under supervision or rehabilitation, and the

17  number of offenders for whom supervision or rehabilitation

18  will be terminated.  All records of the entity must be open to

19  inspection upon the request of the county, the court, the

20  Auditor General, the Office of Program Policy Analysis and

21  Government Accountability, or agents thereof.

22         Section 124.  Section 957.07, Florida Statutes, is

23  amended to read:

24         957.07  Cost-saving requirements.--The commission may

25  not enter into a contract or series of contracts unless the

26  commission determines that the contract or series of contracts

27  in total for the facility will result in a cost savings to the

28  state of at least 7 percent over the public provision of a

29  similar facility. Such cost savings as determined by the

30  commission must be based upon the actual costs associated with

31  the construction and operation of similar facilities or


                                 166

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






                                          HB 1197, First Engrossed



  1  services as determined by the Department of Corrections and

  2  certified to the commission by the Auditor General. In

  3  certifying the actual costs for the determination of the cost

  4  savings required by this section, The Department of

  5  Corrections Auditor General shall calculate all of the cost

  6  components that determine the inmate per diem in correctional

  7  facilities of a substantially similar size, type, and location

  8  that are operated by the department, including all

  9  administrative costs associated with central administration.

10  Services that are provided to the department by other

11  governmental agencies at no direct cost to the department

12  shall be assigned an equivalent cost and included in the per

13  diem. Reasonable projections of payments of any kind to the

14  state or any political subdivision thereof for which the

15  private entity would be liable because of its status as

16  private rather than a public entity, including, but not

17  limited to, corporate income and sales tax payments, shall be

18  included as cost savings in all such determinations. In

19  addition, the costs associated with the appointment and

20  activities of each contract monitor shall be included in such

21  determination. In counties where the Department of Corrections

22  pays its employees a competitive area differential, the cost

23  for the public provision of a similar correctional facility

24  may include the competitive area differential paid by the

25  department. The Department of Corrections Auditor General

26  shall provide a report detailing the state cost to design,

27  finance, acquire, lease, construct, and operate a facility

28  similar to the private correctional facility on a per diem

29  basis. This report shall be provided to the Auditor General

30  commission in sufficient time that it may be certified to the

31  commission to be included in the request for proposals.


                                 167

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






                                          HB 1197, First Engrossed



  1         Section 125.  Section 957.11, Florida Statutes, is

  2  amended to read:

  3         957.11  Evaluation of costs and benefits of

  4  contracts.--The Office of Program Policy Analysis and

  5  Government Accountability Auditor General shall develop and

  6  implement an evaluation of the costs and benefits of each

  7  contract entered into under this chapter.  This evaluation

  8  must include a comparison of the costs and benefits of

  9  constructing and operating prisons by the state versus by

10  private contractors.  The Office of Program Policy Analysis

11  and Government Accountability Auditor General shall also

12  evaluate the performance of the private contractor at the end

13  of the term of each management contract and make

14  recommendations to the Speaker of the House of Representatives

15  and the President of the Senate on whether to continue the

16  contract.

17         Section 126.  Subsection (4) of section 960.002,

18  Florida Statutes, is amended to read:

19         960.002  Direct-support organization to assist victims

20  of adult and juvenile crime.--

21         (4)  The direct-support organization shall provide make

22  provisions for an annual financial and compliance audit of its

23  financial accounts and records by an independent certified

24  public accountant in accordance with s. 215.98 rules

25  established by the Governor. The annual audit report shall be

26  submitted to the Governor for review and approval.  Upon

27  approval, the Governor shall certify the audit report to the

28  Auditor General for review and approval.

29         Section 127.  Paragraph (a) of subsection (1) of

30  section 985.311, Florida Statutes, is amended to read:

31


                                 168

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






                                          HB 1197, First Engrossed



  1         985.311  Intensive residential treatment program for

  2  offenders less than 13 years of age.--

  3         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

  4  the provisions of this chapter and the establishment of

  5  appropriate program guidelines and standards, contractual

  6  instruments, which shall include safeguards of all

  7  constitutional rights, shall be developed for intensive

  8  residential treatment programs for offenders less than 13

  9  years of age as follows:

10         (a)  The department shall provide for:

11         1.  The oversight of implementation of assessment and

12  treatment approaches.

13         2.  The identification and prequalification of

14  appropriate individuals or not-for-profit organizations,

15  including minority individuals or organizations when possible,

16  to provide assessment and treatment services to intensive

17  offenders less than 13 years of age.

18         3.  The monitoring and evaluation of assessment and

19  treatment services for compliance with the provisions of this

20  chapter and all applicable rules and guidelines pursuant

21  thereto.

22         4.  The development of an annual report on the

23  performance of assessment and treatment to be presented to the

24  Governor, the Attorney General, the President of the Senate,

25  the Speaker of the House of Representatives, and the Auditor

26  General, and the Office of Program Policy Analysis and

27  Government Accountability no later than January 1 of each

28  year.

29         Section 128.  Subsection (6) of section 985.4145,

30  Florida Statutes, is amended to read:

31


                                 169

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






                                          HB 1197, First Engrossed



  1         985.4145  Direct-support organization; definition; use

  2  of property; board of directors; audit.--

  3         (6)  The direct-support organization shall provide for

  4  an annual financial audit and compliance postaudit of its

  5  financial accounts and records by an independent certified

  6  public accountant in accordance with s. 215.98 rules of the

  7  Auditor General. The annual audit report must include a

  8  management letter and must be submitted to the Auditor General

  9  and the department for review. The department and the Auditor

10  General may require and receive from the direct-support

11  organization, or from its independent auditor, any detail or

12  supplemental data relative to the operation of the

13  organization.

14         Section 129.  Subsection (3) of section 985.416,

15  Florida Statutes, is amended to read:

16         985.416  Innovation zones.--The department shall

17  encourage each of the juvenile justice circuit boards to

18  propose at least one innovation zone within the circuit for

19  the purpose of implementing any experimental, pilot, or

20  demonstration project that furthers the legislatively

21  established goals of the department. An innovation zone is a

22  defined geographic area such as a circuit, commitment region,

23  county, municipality, service delivery area, school campus, or

24  neighborhood providing a laboratory for the research,

25  development, and testing of the applicability and efficacy of

26  model programs, policy options, and new technologies for the

27  department.

28         (3)  Before implementing an innovation zone under this

29  subsection, the secretary shall, in conjunction with the

30  Office of Program Policy Analysis and Government

31  Accountability Auditor General, develop measurable and valid


                                 170

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






                                          HB 1197, First Engrossed



  1  objectives for such zone within a negotiated reasonable period

  2  of time. Moneys designated for an innovation zone in one

  3  operating circuit may not be used to fund an innovation zone

  4  in another operating circuit.

  5         Section 130.  Sections 11.149 and 11.46; paragraph (e)

  6  of subsection (2) of section 125.901; paragraph (l) of

  7  subsection (2) of section 215.56005; section 216.2815;

  8  subsection (23) of section 218.415; subsection (11) of section

  9  228.053; subsection (6) of section 228.082; subsection (3) of

10  section 253.037; section 265.607; subsection (2) of section

11  288.906; sections 288.9616 and 298.65; subsection (3) of

12  section 331.419; sections 339.413, 348.69, and 373.589;

13  subsection (3) of section 374.987; subsection (8) of section

14  380.510; sections 388.331 and 400.335; subsection (14) of

15  section 403.1837; paragraph (i) of subsection (14) of section

16  440.49; subsection (14) of section 517.1204; and sections

17  570.912, 581.195, 589.013, and 590.612, Florida Statutes, are

18  repealed.

19         Section 131.  Subsection (2) of section 189.4042,

20  Florida Statutes, is amended to read:

21         189.4042  Merger and dissolution procedures.--

22         (2)  The merger or dissolution of an independent

23  special district or a dependent district created and operating

24  pursuant to a special act may only be effectuated by the

25  Legislature unless otherwise provided by general law.  If an

26  inactive independent district was created by a county or

27  municipality through a referendum, the county or municipality

28  that created the district may merge or dissolve the district

29  after publishing notice as described in s. 189.4044.  If an

30  independent district was created by a county or municipality

31  by referendum or any other procedure, the county or


                                 171

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






                                          HB 1197, First Engrossed



  1  municipality that created the district may merge or dissolve

  2  the district pursuant to the same procedure by which the

  3  independent district was created.; However, for any such

  4  independent district that has ad valorem taxation powers, the

  5  same procedure required to grant such independent district ad

  6  valorem taxation powers shall also be required to dissolve or

  7  merge the district.

  8         Section 132.  Paragraph (b) of subsection (1) of

  9  section 189.4044, Florida Statutes, is amended to read:

10         189.4044  Special procedures for inactive districts.--

11         (1)  The department shall declare inactive any special

12  district in this state by filing a report with the Speaker of

13  the House of Representatives and the President of the Senate

14  which shows that such special district is no longer active.

15  The inactive status of the special district must be based upon

16  a finding:

17         (b)  That a notice of the proposed declaration has been

18  published once a week for 2 4 weeks in a newspaper of general

19  circulation within the county or municipality wherein the

20  territory of the special district is located, stating the name

21  of said special district, the law under which it was organized

22  and operating, a general description of the territory included

23  in said special district, and stating that any objections to

24  the proposed declaration or to any claims against the assets

25  of said special district shall be filed not later than 60 days

26  following the date of last publication with the department;

27  and

28         Section 133.  Subsections (3), (4) and (6) of s.

29  189.418, Florida Statutes, are amended and subsection (5) of

30  s. 189.418, Florida Statutes, is created to read:

31         189.418  Reports; budgets; audits.--


                                 172

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






                                          HB 1197, First Engrossed



  1         (1)  When a new special district is created, the

  2  district must forward to the department, within 30 days after

  3  the adoption of the special act, rule, ordinance, resolution,

  4  or other document that provides for the creation of the

  5  district, a copy of the document. In addition to the document

  6  or documents that create the district, the district must also

  7  submit a map of the district, showing any municipal boundaries

  8  that cross the district's boundaries, and any county lines if

  9  the district is located in more than one county.  The

10  department must notify the local government or other entity

11  and the district within 30 days after receipt of the document

12  or documents that create the district as to whether the

13  district has been determined to be dependent or independent.

14         (2)  Any amendment, modification, or update of the

15  document by which the district was created, including changes

16  in boundaries, must be filed with the department within 30

17  days after adoption.  The department may initiate proceedings

18  against special districts as provided in ss. 189.421 and

19  189.422 for failure to file the information required by this

20  subsection.

21         (3)  The governing body of each special district shall

22  adopt a budget by resolution each fiscal year.  The total

23  amount available from taxation and other sources, including

24  amounts carried over from prior fiscal years, must equal the

25  total of appropriations for expenditures and reserves. The

26  adopted budget must regulate expenditures of the special

27  district, and it is unlawful for any officer of a special

28  district to expend or contract for expenditures in any fiscal

29  year except in pursuance of budgeted appropriations.

30

31


                                 173

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






                                          HB 1197, First Engrossed



  1         (3)  Each special district shall file with the local

  2  general-purpose governing authority or authorities within the

  3  geographic boundaries of the district a copy of:

  4         (a)  The reports required by ss. 218.32 and 218.34;

  5         (b)  A complete description of all new bonds as

  6  provided in s. 218.38(1); and

  7         (c)  A map of the district and any subsequent boundary

  8  changes.

  9         (4)  The proposed budget of a dependent special

10  district shall be presented in accordance with generally

11  accepted accounting principles, contained within the general

12  budget of the local governing authority, and be clearly stated

13  as the budget of the dependent district.  However, with the

14  concurrence of the local governing authority, a dependent

15  district may be budgeted separately.

16         (4)  Each special district shall make provisions for an

17  annual independent postaudit of its financial records as

18  provided in s. 11.45.  A copy of the audit shall be filed with

19  the local governing authority or authorities.

20         (5)  A local governing authority may, in its

21  discretion, review the budget or tax levy of any special

22  district located solely within its boundaries.

23         (6)  All reports or information required to be filed

24  with a local governing authority under ss. 11.45, 189.416,

25  189.417, 218.32, and 218.39 218.34 and this section shall:

26         (a)  When the local governing authority is a county, be

27  filed with the clerk of the board of county commissioners.

28         (b)  When the district is a multicounty district, be

29  filed with the clerk of the county commission in each county.

30

31


                                 174

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






                                          HB 1197, First Engrossed



  1         (c)  When the local governing authority is a

  2  municipality, be filed at the place designated by the

  3  municipal governing body.

  4         Section 134.  Section 189.419, Florida Statutes, is

  5  amended to read:

  6         189.419  Effect of failure to file certain reports or

  7  information.--

  8         (1)  If a special district fails to file the reports or

  9  information required under s. 11.45 s. 189.415, s. 189.416, s.

10  189.417, s. 189.418, s. 218.32, or s. 218.39 s. 218.34 and a

11  description of all new bonds as provided in s. 218.38(1) with

12  the local governing authority, the person authorized to

13  receive and read the reports or information shall notify the

14  district's registered agent and the appropriate local

15  governing authority or authorities. At any time, the governing

16  authority may grant an extension of time for filing the

17  required reports or information, except that an extension may

18  not exceed 30 days.

19         (2)  If at any time the local governing authority or

20  authorities or the board of county commissioners determines

21  that there has been an unjustified failure to file the reports

22  or information described in subsection (1), it may petition

23  the department to initiate proceedings against the special

24  district in the manner provided in s. 189.421.

25         (3)  If a special district fails to file the reports or

26  information required under s. 11.45, s. 218.32, s. 218.34, or

27  s. 218.38, or s. 218.39 with the appropriate state agency, the

28  agency shall notify the department, and the department may

29  initiate proceedings against the special district in the

30  manner provided in s. 189.421 or assess fines of not more than

31


                                 175

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






                                          HB 1197, First Engrossed



  1  $25, with an aggregate total not to exceed $50, when formal

  2  inquiries do not resolve the noncompliance.

  3         Section 135.  Section 189.429, Florida Statutes, is

  4  amended to read:

  5         189.429  Codification.--

  6         (1)  Each district, by December 1, 2004, shall submit

  7  to the Legislature a draft codified charter, at its expense,

  8  so that its special acts may be codified into a single act for

  9  reenactment by the Legislature, if there is more than one

10  special act for the district. The Legislature may adopt a

11  schedule for individual district codification. Any codified

12  act relating to a district, which act is submitted to the

13  Legislature for reenactment, shall provide for the repeal of

14  all prior special acts of the Legislature relating to the

15  district.  The codified act shall be filed with the department

16  pursuant to s. 189.418(2).

17         (2)  The reenactment of existing law under this section

18  shall not be construed as a grant of additional authority nor

19  to supersede the authority of any entity pursuant to law.

20  Exceptions to law contained in any special act that are

21  reenacted pursuant to this section shall continue to apply.

22         (3)  The reenactment of existing law under this section

23  shall not be construed to modify, amend, or alter any

24  covenants, contracts, or other obligations of any district

25  with respect to bonded indebtedness.  Nothing pertaining to

26  the reenactment of existing law under this section shall be

27  construed to affect the ability of any district to levy and

28  collect taxes, assessments, fees, or charges for the purpose

29  of redeeming or servicing bonded indebtedness of the district.

30         Section 136.  Section 218.34, Florida Statutes, is

31  repealed.


                                 176

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






                                          HB 1197, First Engrossed



  1         Section 137.  This act shall take effect upon becoming

  2  a law.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                 177

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