| 1 | Representative Adams offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 38-39 and insert: |
| 5 | Section 3. Section 116.105, Florida Statutes, is created |
| 6 | to read: |
| 7 | 116.105 Authority of clerk to perform audits of the |
| 8 | county.--The clerk of the circuit court may employ an |
| 9 | independent certified public accounting firm to audit any funds, |
| 10 | accounts, and financial records of the county and county |
| 11 | agencies and governmental subdivisions. Additionally, the clerk |
| 12 | of the circuit court may conduct performance audits of the |
| 13 | county or any entity funded wholly or in part by the county. An |
| 14 | entity shall not be considered as funded by the county by virtue |
| 15 | of the fact that such entity uses the county to collect taxes, |
| 16 | assessments, fees, or other revenues. If an independent special |
| 17 | district receives county funds pursuant to a contract or |
| 18 | interlocal agreement for purposes of funding, in whole or in |
| 19 | part, a discrete program of the district, only that program may |
| 20 | be required by the county to undergo a performance audit. Not |
| 21 | fewer than five copies of each complete audit report, with |
| 22 | accompanying documents, shall be filed with the clerk of the |
| 23 | circuit court and maintained by the clerk for public inspection. |
| 24 | Upon the complete audit report being filed with the clerk, the |
| 25 | clerk shall forward one complete copy of the audit report with |
| 26 | accompanying documents to the Auditor General. |
| 27 | Section 4. Paragraphs (x) through (dd) of subsection (1) |
| 28 | of section 125.01, Florida Statutes, are amended to read: |
| 29 | 125.01 Powers and duties.-- |
| 30 | (1) The legislative and governing body of a county shall |
| 31 | have the power to carry on county government. To the extent not |
| 32 | inconsistent with general or special law, this power includes, |
| 33 | but is not restricted to, the power to: |
| 34 | (x) Employ an independent certified public accounting firm |
| 35 | to audit any funds, accounts, and financial records of the |
| 36 | county and its agencies and governmental subdivisions. Entities |
| 37 | that are funded wholly or in part by the county, at the |
| 38 | discretion of the county, may be required by the county to |
| 39 | conduct a performance audit paid for by the county. An entity |
| 40 | shall not be considered as funded by the county by virtue of the |
| 41 | fact that such entity utilizes the county to collect taxes, |
| 42 | assessments, fees, or other revenue. If an independent special |
| 43 | district receives county funds pursuant to a contract or |
| 44 | interlocal agreement for the purposes of funding, in whole or in |
| 45 | part, a discrete program of the district, only that program may |
| 46 | be required by the county to undergo a performance audit. Not |
| 47 | fewer than five copies of each complete audit report, with |
| 48 | accompanying documents, shall be filed with the clerk of the |
| 49 | circuit court and maintained there for public inspection. The |
| 50 | clerk shall thereupon forward one complete copy of the audit |
| 51 | report with accompanying documents to the Auditor General. |
| 52 | (x)(y) Place questions or propositions on the ballot at |
| 53 | any primary election, general election, or otherwise called |
| 54 | special election, when agreed to by a majority vote of the total |
| 55 | membership of the legislative and governing body, so as to |
| 56 | obtain an expression of elector sentiment with respect to |
| 57 | matters of substantial concern within the county. No special |
| 58 | election may be called for the purpose of conducting a straw |
| 59 | ballot. Any election costs, as defined in s. 97.021, associated |
| 60 | with any ballot question or election called specifically at the |
| 61 | request of a district or for the creation of a district shall be |
| 62 | paid by the district either in whole or in part as the case may |
| 63 | warrant. |
| 64 | (y)(z) Approve or disapprove the issuance of industrial |
| 65 | development bonds authorized by law for entities within its |
| 66 | geographic jurisdiction. |
| 67 | (z)(aa) Use ad valorem tax revenues to purchase any or all |
| 68 | interests in land for the protection of natural floodplains, |
| 69 | marshes, or estuaries; for use as wilderness or wildlife |
| 70 | management areas; for restoration of altered ecosystems; or for |
| 71 | preservation of significant archaeological or historic sites. |
| 72 | (aa)(bb) Notwithstanding the prohibition against extra |
| 73 | compensation set forth in s. 215.425, provide for an extra |
| 74 | compensation program, including a lump-sum bonus payment |
| 75 | program, to reward outstanding employees whose performance |
| 76 | exceeds standards, if the program provides that a bonus payment |
| 77 | may not be included in an employee's regular base rate of pay |
| 78 | and may not be carried forward in subsequent years. |
| 79 | (bb)(cc) Enforce the Florida Building Code, as provided in |
| 80 | s. 553.80, and adopt and enforce local technical amendments to |
| 81 | the Florida Building Code, pursuant to s. 553.73(4)(b) and (c). |
| 82 | (cc)(dd) Prohibit a business entity, other than a county |
| 83 | tourism promotion agency, from using names as specified in s. |
| 84 | 125.0104(9)(e) when representing itself to the public as an |
| 85 | entity representing tourism interests of the county levying the |
| 86 | local option tourist development tax under s. 125.0104. |
| 87 | Section 5. Subsection (1) of section 159.287, Florida |
| 88 | Statutes, is amended to read: |
| 89 | 159.287 Special act development commissions, councils, |
| 90 | boards, or authorities; approval required to issue bonds.-- |
| 91 | (1) Notwithstanding any other provision of this part or of |
| 92 | any special act, any commission, council, board, or authority |
| 93 | created by special act with the authority to issue bonds for the |
| 94 | purpose of promoting economic development throughout a county |
| 95 | shall be deemed to have been created for the purpose of issuing |
| 96 | bonds on behalf of the county in which jurisdiction or under or |
| 97 | by the authority of which such commission, council, board, or |
| 98 | authority is located or is acting; and any bonds issued by such |
| 99 | commission, council, board, or authority are subject to the |
| 100 | approval or disapproval of the county commission of such county |
| 101 | pursuant to s. 125.01(1)(y) 125.01(1)(z). |
| 102 | Section 6. Paragraphs (f) and (i) of subsection (1) of |
| 103 | section 159.47, Florida Statutes, are amended to read: |
| 104 | 159.47 Powers of the authority.-- |
| 105 | (1) The authority is authorized and empowered: |
| 106 | (f) To issue revenue bonds or other debt obligations |
| 107 | repayable solely from revenues derived from the sale, operation, |
| 108 | or leasing of projects or other payments received under |
| 109 | financing agreements with respect thereto, subject to the |
| 110 | approval or disapproval of the commission pursuant to s. |
| 111 | 125.01(1)(y) 125.01(1)(z). |
| 112 | (i) To secure the issuance and repayment of industrial |
| 113 | development bonds by a lease, mortgage, or other security |
| 114 | instrument encumbering only the capital improvements which are |
| 115 | financed by the authority in any case in which an addition to a |
| 116 | project is financed or in which less than the entire project is |
| 117 | financed or refinanced by industrial development bonds, subject |
| 118 | to the approval or disapproval of the commission pursuant to s. |
| 119 | 125.01(1)(y) 125.01(1)(z). The lease, mortgage, or other |
| 120 | security instrument may include a security interest in both the |
| 121 | land and personal property or may include a lease, mortgage, or |
| 122 | other security instrument sufficient for the purpose encumbering |
| 123 | only the personal property, including machinery and equipment, |
| 124 | which is being financed. In financing projects, authorities may |
| 125 | enter into financing agreements of such types as they may |
| 126 | approve with such security instruments or trust agreements as |
| 127 | the authority shall deem adequate. |
| 128 | Section 7. Subsection (6) of section 159.705, Florida |
| 129 | Statutes, is amended to read: |
| 130 | 159.705 Powers of the authority.--The authority is |
| 131 | authorized and empowered: |
| 132 | (6) To issue revenue bonds or other debt obligations |
| 133 | repayable solely from revenues derived from the sale, operation, |
| 134 | or leasing of such capital projects in the manner prescribed in |
| 135 | subsection (7), subject to the approval of the board pursuant to |
| 136 | s. 125.01(1)(y) 125.01(1)(z). |
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| 141 | ----------------------------------------------------- |
| 142 | T I T L E A M E N D M E N T |
| 143 | Between lines 10-11 insert: |
| 144 | creating s. 116.105, F.S., and amending s. 125.01, F.S.; |
| 145 | transferring from the board of county commissioner to the clerk |
| 146 | of circuit court the authority to employ independent auditors |
| 147 | for certain county audit purposes; amending ss. 159.287, 159.47, |
| 148 | and 159.705, F.S.; conforming cross-references; |