Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1868
       
       
       
       
       
       
                                Barcode 958174                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/30/2012           .                                
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       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.