Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 1868 Barcode 958174 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/30/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Thrasher) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Disclosure of unfunded, long-term costs of 6 federal grant programs.— 7 (1)(a) Before accepting a federal grant, a county, 8 municipality, or special district shall identify and disclose, 9 for each project that is funded by a federal grant, the costs of 10 the activities of the project that will not be funded by the 11 federal funds. The costs shall be calculated from inception of 12 the project through the 2 fiscal years after the federal funds 13 have been depleted. 14 (b) The costs of activities not paid by federal funds may 15 include, but are not limited to, required state and local 16 matching funds, projected payroll costs, maintenance costs, and 17 costs to operate and administer the project. 18 (c) Such unremitted costs shall be disclosed by prominently 19 posting a disclosure statement on the website of the county, 20 municipality, or special district undertaking the project or 21 activity. The statement shall be posted at least 10 days before 22 the governing body of the county, municipality, or special 23 district votes to accept the federal grant or otherwise takes 24 any other action to authorize acceptance of the federal grant. 25 (d) If a special district does not operate an official 26 website, the special district shall, within a reasonable period 27 of time as established by the local general-purpose government 28 or governments in which the special district is located or the 29 local governing authority to which the district is dependent, 30 transmit the disclosure statement to the manager or 31 administrator of the local general-purpose government or the 32 local governing authority. Thereafter, manager or administrator 33 shall post the special district disclosure statement on the 34 website of the local general-purpose government or governing 35 authority. 36 (e) The disclosure statement for a county, municipality, or 37 special district shall describe the project and must include a 38 plan for funding the project for up to 2 fiscal years after the 39 federal grant funds have been depleted. 40 (2) A person may file a civil action to enforce subsection 41 (1). If a civil action is filed against a county, municipality, 42 or special district to enforce subsection (1) and the court 43 finds that the county, municipality, or special district failed 44 to comply with that subsection, the court shall assess and award 45 against the appropriate county, municipality, or special 46 district the reasonable costs of enforcing subsection (1), 47 including reasonable attorney fees. 48 (3) Certified public accountants conducting audits of 49 counties, municipalities, or special districts pursuant to s. 50 218.39, shall report, as part of the audit, whether or not the 51 county, municipality, or special district has complied with this 52 section. 53 (4) This section does not apply to federal grants 54 associated with natural disasters, grants involving the Federal 55 Emergency Management Agency, grants received from the Department 56 of Homeland Security, or Medicaid funds. 57 Section 2. Present subsections (9) through (12) of section 58 218.39, Florida Statutes, are renumbered as subsections (10) 59 through (13), respectively, and new subsection (9) is added to 60 that section, to read: 61 218.39 Annual financial audit reports.— 62 (9) The Auditor General shall notify the Legislative 63 Auditing Committee of any audit report that indicates that an 64 audited entity has failed to comply with the required 65 disclosures relating to the receipt of federal funds. 66 (a) The committee may direct the governing body of the 67 audited entity to provide to the committee either the required 68 disclosure statement or a written statement explaining why the 69 required disclosure statement was not prepared. 70 (b) If the committee determines that the written statement 71 is not sufficient, it may require the chair of the governing 72 body of the local governmental entity or the chair’s designee, 73 the elected official of each county agency or the elected 74 official’s designee, as appropriate, to appear before the 75 committee. 76 (c) If the committee determines that an audited entity has 77 failed to prepare a required disclosure statement for which 78 there is no justifiable reason for not preparing such, or has 79 failed to comply with committee requests made pursuant to this 80 section, the committee may proceed in accordance with s. 81 11.40(2). 82 83 84 ================= T I T L E A M E N D M E N T ================ 85 And the title is amended as follows: 86 Delete everything before the enacting clause 87 and insert: 88 A bill to be entitled 89 An act relating to federal grants; requiring a county, 90 municipality, or special district to identify and 91 disclose the costs of a federally-funded project that 92 will not be funded by the federal grant; requiring the 93 entity to disclose a plan for funding the project 94 after the depletion of federal funds; authorizing a 95 person to file a civil action to enforce the 96 disclosure of unfunded, long-term costs of a county, 97 municipality, or special district project funded by a 98 federal grant; requiring the court to assess 99 reasonable costs, including attorney fees, against the 100 county, municipality, or special district if the court 101 finds that the county, municipality, or special 102 district did not disclose the unfunded costs of a 103 project funded by a federal grant; requiring auditors 104 to report on compliance; providing an exception for 105 federal grants associated with natural disasters, 106 grants involving the Federal Emergency Management 107 Agency, grants received from the Department of 108 Homeland Security, or Medicaid funds; requiring that 109 the Auditor General notify the Legislative Auditing 110 Committee of any audit report indicating that an 111 audited entity has failed to comply with the 112 disclosure requirements of this act; providing an 113 effective date.