Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 1368
Barcode 736142
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2009 .
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The Committee on Governmental Oversight and Accountability
(Dean) recommended the following:
1 Senate Amendment to Amendment (371202) (with title
2 amendment)
3
4 Between lines 507 and 508
5 insert:
6 Section 12. Subsections (1) and (3) of section 189.421,
7 Florida Statutes, are amended to read:
8 189.421 Failure of district to disclose financial reports.—
9 (1) When notified pursuant to s. 189.419, the department
10 shall attempt to assist a special district to comply with its
11 financial reporting requirements by sending a certified letter
12 to the special district, and, in the case of a dependent special
13 district, a copy of the letter to the chair of the governing
14 body of the local governing authority general-purpose
15 government, which includes the following: a description of the
16 required report, including statutory submission deadlines, a
17 contact telephone number for technical assistance to help the
18 special district comply, a 60-day deadline extension of time for
19 filing the required report with the appropriate entity, the
20 address where the report must be filed, and an explanation of
21 the penalties for noncompliance. Any special district that is
22 unable to meet the 60-day deadline must notify the department,
23 in writing, within the 60-day period of the reason, the steps
24 the special district is taking to prevent the noncompliance from
25 reoccurring, and the estimated date that the special district
26 will file the report with the appropriate agency. The written
27 response does not constitute an additional extension by the
28 department; however, the department shall forward such written
29 response to the Legislative Auditing Committee for its
30 consideration in the determination of whether the special
31 district should be subject to further state action in accordance
32 with s. 11.40(5)(b). The department may grant an additional 30
33 day extension of time if requested to do so in writing by the
34 special district. The department shall notify the appropriate
35 entity of the new extension of time. In the case of a special
36 district that did not timely file the reports or information
37 required by s. 218.38, the department shall send a certified
38 technical assistance letter to the special district which
39 summarizes the requirements and encourages the special district
40 to take steps to prevent the noncompliance from reoccurring.
41 (3) Pursuant to s. 11.40(5)(b), the Legislative Auditing
42 Committee shall notify the department of those districts that
43 failed to file the required report or reports. If the procedures
44 described in subsection (1) have not yet been initiated, the
45 department shall proceed with such procedures upon receiving the
46 notice from the Legislative Auditing Committee. Otherwise,
47 within 45 30 days after receiving this notice or within 45 30
48 days after the 60-day deadline extension date provided in
49 subsection (1), whichever occurs later, the department shall
50 proceed as follows: notwithstanding the provisions of chapter
51 120, the department shall file a petition for writ of certiorari
52 with the circuit court. Venue for all actions pursuant to this
53 subsection shall be in Leon County. The court shall award the
54 prevailing party attorney’s fees and costs in all cases filed
55 pursuant to this section unless affirmatively waived by all
56 parties. A writ of certiorari shall be issued unless a
57 respondent establishes that the notification of the Legislative
58 Auditing Committee was issued as a result of material error.
59 Proceedings under this subsection shall otherwise be governed by
60 the Rules of Appellate Procedure.
61
62 ================= T I T L E A M E N D M E N T ================
63 And the title is amended as follows:
64 Delete line 693
65 and insert:
66 the website of the district or related county; amending s.
67 189.421, F.S.; requiring that a copy of a certified letter
68 containing certain information be sent to the chair of the local
69 governing authority when the Department of Community Affairs
70 attempts to assist a dependent special district with compliance
71 with the district’s financial reporting requirements; requiring
72 that the letter include notice of a 60-day deadline for filing
73 the required report; requiring that any special district unable
74 to meet the reporting requirements notify the department of
75 certain information in writing; providing that the department’s
76 written response does not constitute an extension of the
77 reporting deadline by the department; requiring that the
78 department forward the written response to the Legislative
79 Auditing Committee for its determination as to whether the
80 special district should be subject to additional state action;
81 requiring that the department begin certain procedures under
82 certain circumstances; extending the period before which the
83 department must take certain action; amending s.