Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 582
       
       
       
       
       
       
                                Ì243190ÄÎ243190                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/01/2016           .                                
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (5) through (9) of section
    6  11.045, Florida Statutes, are renumbered as subsections (6)
    7  through (10), respectively, a new subsection (5) is added to
    8  that section, and present subsection (8) of that section is
    9  amended, to read:
   10         11.045 Lobbying before the Legislature; registration and
   11  reporting; exemptions; penalties.—
   12         (5)(a) For purposes of this subsection, the term:
   13         1. “Lobbying activities” means any action designed to
   14  support, oppose, or influence proposed legislation or proposed
   15  legislative action. The term includes, but is not limited to,
   16  any verbal, written, or electronic communication with any
   17  legislator or legislative employee undertaken for the purpose of
   18  directly or indirectly supporting, opposing, or influencing
   19  legislation or requesting proposed legislation to be filed.
   20         2. “Proposed legislation” includes, but is not limited to,
   21  policies, ideas, issues, concepts, or statutory language that is
   22  presently, or may at some future point be, reflected in or
   23  impacted by a bill, a memorial, a resolution, a compact, or an
   24  appropriation.
   25         3. “Proposed legislative action” means any action by a
   26  constituent entity of the Legislature, including, but not
   27  limited to, the houses of the Legislature, a joint office, and a
   28  joint committee.
   29         (b) Each house of the Legislature shall provide reporting
   30  requirements by rule requiring each lobbying firm to file a
   31  monthly report with the office. The report must include:
   32         1. The full name, business address, and telephone number of
   33  the lobbying firm.
   34         2. The name of each of the lobbying firm’s lobbyists.
   35         3. A list detailing the lobbying firm’s lobbying activities
   36  during the reporting period. The list must itemize:
   37         a. The proposed legislation or proposed legislative action
   38  that the lobbying firm has attempted to support, oppose, or
   39  influence;
   40         b. The entity lobbied;
   41         c. Each principal on behalf of whom the lobbying firm has
   42  acted; and
   43         d. If the proposed legislation included an appropriation or
   44  was an appropriation, the intended recipient of the
   45  appropriation.
   46         (c) For purposes of the reporting requirement provided in
   47  this subsection, the reports must identify proposed legislation
   48  by referencing any legislatively assigned identifying numbers,
   49  including, but not limited to, bill numbers, amendment barcode
   50  numbers, or specific appropriation numbers. If the proposed
   51  legislation does not have an identifying number assigned, the
   52  report must include a description of the subject matter of the
   53  proposed legislation, whether the lobbying firm is supporting or
   54  opposing the proposed legislation and, if seeking to modify the
   55  proposed legislation, how the lobbying firm’s modification would
   56  alter the proposal.
   57         (d) The reports shall be filed even if the reporting
   58  lobbying firm did not engage in any lobbying activities
   59  requiring disclosure, in which the report shall be marked “not
   60  applicable.”
   61         (e) The reports shall be filed with the office by
   62  electronic means no later than 7 business days after the end of
   63  the preceding month. The reports shall be rendered in the
   64  identical form provided by the respective houses and shall be
   65  open to public inspection.
   66         (f) Each house of the Legislature shall provide by rule, or
   67  both houses may provide by joint rule, a procedure by which a
   68  lobbying firm that fails to timely file a report is notified and
   69  assessed fines. The rule must provide the following:
   70         1. Upon determining that the report is late, the person
   71  designated to review the timeliness of reports shall immediately
   72  notify the lobbying firm as to the failure to timely file the
   73  report and that a fine is being assessed for each late day. The
   74  fine shall be $50 per day per report for each late day, not to
   75  exceed $5,000 per report.
   76         2. Upon receipt of the report, the person designated to
   77  review the timeliness of reports shall determine the amount of
   78  the fine due based upon when a report is actually received by
   79  the office.
   80         3. Such fine must be paid within 30 days after the notice
   81  of payment due is transmitted by the office, unless appeal is
   82  made to the office. The moneys shall be deposited into the
   83  Legislative Lobbyist Registration Trust Fund.
   84         4. A fine may not be assessed against a lobbying firm the
   85  first time any reports for which the lobbying firm is
   86  responsible are not timely filed. However, to receive the one
   87  time fine waiver, all reports for which the lobbying firm is
   88  responsible must be filed within 30 days after notice that any
   89  reports have not been timely filed is transmitted by the
   90  Lobbyist Registration Office. A fine shall be assessed for any
   91  subsequent late-filed reports.
   92         5. Any lobbying firm may appeal or dispute a fine, based
   93  upon unusual circumstances surrounding the failure to file on
   94  the designated due date, and may request and is entitled to a
   95  hearing before the General Counsel of the Office of Legislative
   96  Services, who shall recommend to the President of the Senate and
   97  the Speaker of the House of Representatives, or their respective
   98  designees, that the fine be waived in whole or in part for good
   99  cause shown. The President of the Senate and the Speaker of the
  100  House of Representatives, or their respective designees, may
  101  concur in the recommendation and waive the fine in whole or in
  102  part. Any such request must be made within 30 days after the
  103  notice of payment due is transmitted by the office. In such
  104  case, the lobbying firm shall, within the 30-day period, notify
  105  the person designated to review the timeliness of reports in
  106  writing of his or her intention to request a hearing.
  107         6. A lobbying firm may request that the filing of a report
  108  be waived upon good cause shown, based on unusual circumstances.
  109  The request must be filed with the General Counsel of the Office
  110  of Legislative Services, who shall make a recommendation
  111  concerning the waiver request to the President of the Senate and
  112  the Speaker of the House of Representatives. The President of
  113  the Senate and the Speaker of the House of Representatives may
  114  grant or deny the request.
  115         7. All lobbyist registrations for lobbyists who are
  116  partners, owners, officers, or employees of a lobbying firm that
  117  fails to timely pay a fine are automatically suspended until the
  118  fine is paid or waived, and the office shall promptly notify all
  119  affected principals of any suspension or reinstatement.
  120         8. The person designated to review the timeliness of
  121  reports shall notify the coordinator of the office of the
  122  failure of a lobbying firm to file a report after notice or of
  123  the failure of a lobbying firm to pay the fine imposed.
  124         (9)(8) Any person required to be registered or to provide
  125  information pursuant to this section or pursuant to rules
  126  established in conformity with this section who knowingly fails
  127  to disclose any material fact required by this section or by
  128  rules established in conformity with this section, or who
  129  knowingly provides false information on any report required by
  130  this section or by rules established in conformity with this
  131  section, commits a noncriminal infraction, punishable by a fine
  132  not to exceed $5,000. Such penalty shall be in addition to any
  133  other penalty assessed by a house of the Legislature pursuant to
  134  subsection (8) (7).
  135         Section 2. Subsection (2) of section 11.40, Florida
  136  Statutes, is amended to read:
  137         11.40 Legislative Auditing Committee.—
  138         (2) Following notification by the Auditor General, the
  139  Department of Financial Services, or the Division of Bond
  140  Finance of the State Board of Administration, the Governor or
  141  his or her designee, or the Commissioner of Education or his or
  142  her designee of the failure of a local governmental entity,
  143  district school board, charter school, or charter technical
  144  career center to comply with the applicable provisions within s.
  145  11.45(5)-(7), s. 218.32(1), s. 218.38, or s. 218.503(3), the
  146  Legislative Auditing Committee may schedule a hearing to
  147  determine if the entity should be subject to further state
  148  action. If the committee determines that the entity should be
  149  subject to further state action, the committee shall:
  150         (a) In the case of a local governmental entity or district
  151  school board, direct the Department of Revenue and the
  152  Department of Financial Services to withhold any funds not
  153  pledged for bond debt service satisfaction which are payable to
  154  such entity until the entity complies with the law. The
  155  committee shall specify the date that such action must shall
  156  begin, and the directive must be received by the Department of
  157  Revenue and the Department of Financial Services 30 days before
  158  the date of the distribution mandated by law. The Department of
  159  Revenue and the Department of Financial Services may implement
  160  the provisions of this paragraph.
  161         (b) In the case of a special district created by:
  162         1. A special act, notify the President of the Senate, the
  163  Speaker of the House of Representatives, the standing committees
  164  of the Senate and the House of Representatives charged with
  165  special district oversight as determined by the presiding
  166  officers of each respective chamber, the legislators who
  167  represent a portion of the geographical jurisdiction of the
  168  special district pursuant to s. 189.034(2), and the Department
  169  of Economic Opportunity that the special district has failed to
  170  comply with the law. Upon receipt of notification, the
  171  Department of Economic Opportunity shall proceed pursuant to s.
  172  189.062 or s. 189.067. If the special district remains in
  173  noncompliance after the process set forth in s. 189.034(3), or
  174  if a public hearing is not held, the Legislative Auditing
  175  Committee may request the department to proceed pursuant to s.
  176  189.067(3).
  177         2. A local ordinance, notify the chair or equivalent of the
  178  local general-purpose government pursuant to s. 189.035(2) and
  179  the Department of Economic Opportunity that the special district
  180  has failed to comply with the law. Upon receipt of notification,
  181  the department shall proceed pursuant to s. 189.062 or s.
  182  189.067. If the special district remains in noncompliance after
  183  the process set forth in s. 189.034(3), or if a public hearing
  184  is not held, the Legislative Auditing Committee may request the
  185  department to proceed pursuant to s. 189.067(3).
  186         3. Any manner other than a special act or local ordinance,
  187  notify the Department of Economic Opportunity that the special
  188  district has failed to comply with the law. Upon receipt of
  189  notification, the department shall proceed pursuant to s.
  190  189.062 or s. 189.067(3).
  191         (c) In the case of a charter school or charter technical
  192  career center, notify the appropriate sponsoring entity, which
  193  may terminate the charter pursuant to ss. 1002.33 and 1002.34.
  194         Section 3. Subsection (1), paragraph (j) of subsection (2),
  195  paragraph (u) of subsection (3), and paragraph (i) of subsection
  196  (7) of section 11.45, Florida Statutes, are amended, and
  197  paragraph (x) is added to subsection (3) of that section, to
  198  read:
  199         11.45 Definitions; duties; authorities; reports; rules.—
  200         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
  201         (a) “Abuse” means behavior that is deficient or improper
  202  when compared with behavior that a prudent person would consider
  203  a reasonable and necessary operational practice given the facts
  204  and circumstances. The term includes the misuse of authority or
  205  position for personal gain.
  206         (b)(a) “Audit” means a financial audit, operational audit,
  207  or performance audit.
  208         (c)(b) “County agency” means a board of county
  209  commissioners or other legislative and governing body of a
  210  county, however styled, including that of a consolidated or
  211  metropolitan government, a clerk of the circuit court, a
  212  separate or ex officio clerk of the county court, a sheriff, a
  213  property appraiser, a tax collector, a supervisor of elections,
  214  or any other officer in whom any portion of the fiscal duties of
  215  a body or officer expressly stated in this paragraph are the
  216  above are under law separately placed by law.
  217         (d)(c) “Financial audit” means an examination of financial
  218  statements in order to express an opinion on the fairness with
  219  which they are presented in conformity with generally accepted
  220  accounting principles and an examination to determine whether
  221  operations are properly conducted in accordance with legal and
  222  regulatory requirements. Financial audits must be conducted in
  223  accordance with auditing standards generally accepted in the
  224  United States and government auditing standards as adopted by
  225  the Board of Accountancy. When applicable, the scope of
  226  financial audits must shall encompass the additional activities
  227  necessary to establish compliance with the Single Audit Act
  228  Amendments of 1996, 31 U.S.C. ss. 7501-7507, and other
  229  applicable federal law.
  230         (e) “Fraud” means obtaining something of value through
  231  willful misrepresentation, including, but not limited to, the
  232  intentional misstatements or omissions of amounts or disclosures
  233  in financial statements to deceive users of financial
  234  statements, theft of an entity’s assets, bribery, or the use of
  235  one’s position for personal enrichment through the deliberate
  236  misuse or misapplication of an organization’s resources.
  237         (f)(d) “Governmental entity” means a state agency, a county
  238  agency, or any other entity, however styled, that independently
  239  exercises any type of state or local governmental function.
  240         (g)(e) “Local governmental entity” means a county agency,
  241  municipality, tourist development council, county tourism
  242  promotion agency, or special district as defined in s. 189.012.
  243  The term, but does not include any housing authority established
  244  under chapter 421.
  245         (h)(f) “Management letter” means a statement of the
  246  auditor’s comments and recommendations.
  247         (i)(g) “Operational audit” means an audit whose purpose is
  248  to evaluate management’s performance in establishing and
  249  maintaining internal controls, including controls designed to
  250  prevent and detect fraud, waste, and abuse, and in administering
  251  assigned responsibilities in accordance with applicable laws,
  252  administrative rules, contracts, grant agreements, and other
  253  guidelines. Operational audits must be conducted in accordance
  254  with government auditing standards. Such audits examine internal
  255  controls that are designed and placed in operation to promote
  256  and encourage the achievement of management’s control objectives
  257  in the categories of compliance, economic and efficient
  258  operations, reliability of financial records and reports, and
  259  safeguarding of assets, and identify weaknesses in those
  260  internal controls.
  261         (j)(h) “Performance audit” means an examination of a
  262  program, activity, or function of a governmental entity,
  263  conducted in accordance with applicable government auditing
  264  standards or auditing and evaluation standards of other
  265  appropriate authoritative bodies. The term includes an
  266  examination of issues related to:
  267         1. Economy, efficiency, or effectiveness of the program.
  268         2. Structure or design of the program to accomplish its
  269  goals and objectives.
  270         3. Adequacy of the program to meet the needs identified by
  271  the Legislature or governing body.
  272         4. Alternative methods of providing program services or
  273  products.
  274         5. Goals, objectives, and performance measures used by the
  275  agency to monitor and report program accomplishments.
  276         6. The accuracy or adequacy of public documents, reports,
  277  or requests prepared under the program by state agencies.
  278         7. Compliance of the program with appropriate policies,
  279  rules, or laws.
  280         8. Any other issues related to governmental entities as
  281  directed by the Legislative Auditing Committee.
  282         (k)(i) “Political subdivision” means a separate agency or
  283  unit of local government created or established by law and
  284  includes, but is not limited to, the following and the officers
  285  thereof: authority, board, branch, bureau, city, commission,
  286  consolidated government, county, department, district,
  287  institution, metropolitan government, municipality, office,
  288  officer, public corporation, town, or village.
  289         (l)(j) “State agency” means a separate agency or unit of
  290  state government created or established by law and includes, but
  291  is not limited to, the following and the officers thereof:
  292  authority, board, branch, bureau, commission, department,
  293  division, institution, office, officer, or public corporation,
  294  as the case may be, except any such agency or unit within the
  295  legislative branch of state government other than the Florida
  296  Public Service Commission.
  297         (m) “Waste” means the act of using or expending resources
  298  unreasonably, carelessly, extravagantly, or for no useful
  299  purpose.
  300         (2) DUTIES.—The Auditor General shall:
  301         (j) Conduct audits of local governmental entities when
  302  determined to be necessary by the Auditor General, when directed
  303  by the Legislative Auditing Committee, or when otherwise
  304  required by law. No later than 18 months after the release of
  305  the audit report, the Auditor General shall perform such
  306  appropriate followup procedures as he or she deems necessary to
  307  determine the audited entity’s progress in addressing the
  308  findings and recommendations contained within the Auditor
  309  General’s previous report. The Auditor General shall notify each
  310  member of the audited entity’s governing body and the
  311  Legislative Auditing Committee of the results of his or her
  312  determination. For purposes of this paragraph, local
  313  governmental entities do not include water management districts.
  314  
  315  The Auditor General shall perform his or her duties
  316  independently but under the general policies established by the
  317  Legislative Auditing Committee. This subsection does not limit
  318  the Auditor General’s discretionary authority to conduct other
  319  audits or engagements of governmental entities as authorized in
  320  subsection (3).
  321         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
  322  General may, pursuant to his or her own authority, or at the
  323  direction of the Legislative Auditing Committee, conduct audits
  324  or other engagements as determined appropriate by the Auditor
  325  General of:
  326         (u) The Florida Virtual School pursuant to s. 1002.37.
  327         (x) Tourist development councils and county tourism
  328  promotion agencies.
  329         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  330         (i) The Auditor General shall annually transmit by July 15,
  331  to the President of the Senate, the Speaker of the House of
  332  Representatives, and the Department of Financial Services, a
  333  list of all school districts, charter schools, charter technical
  334  career centers, Florida College System institutions, state
  335  universities, and local governmental entities water management
  336  districts that have failed to comply with the transparency
  337  requirements as identified in the audit reports reviewed
  338  pursuant to paragraph (b) and those conducted pursuant to
  339  subsection (2).
  340         Section 4. Section 20.602, Florida Statutes, is created to
  341  read:
  342         20.602 Standards of conduct; officers and board members of
  343  Department of Economic Opportunity corporate entities.—
  344         (1) The following officers and board members are subject to
  345  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  346  112.3143(2):
  347         (a) Officers and members of the board of directors of:
  348         1. Any corporation created under chapter 288;
  349         2. Space Florida;
  350         3. CareerSource Florida, Inc., or the programs or entities
  351  created by CareerSource Florida, Inc., pursuant to s. 445.004;
  352         4. The Florida Housing Finance Corporation; or
  353         5. Any other corporation created by the Department of
  354  Economic Opportunity in accordance with its powers and duties
  355  under s. 20.60.
  356         (b) Officers and members of the board of directors of a
  357  corporate parent or subsidiary corporation of a corporation
  358  described in paragraph (a).
  359         (c) Officers and members of the board of directors of a
  360  corporation created to carry out the missions of a corporation
  361  described in paragraph (a).
  362         (d) Officers and members of the board of directors of a
  363  corporation with which a corporation described in paragraph (a)
  364  is required by law to contract with to carry out its missions.
  365         (2) For purposes of applying ss. 112.313(1)-(8), (10),
  366  (12), and (15); 112.3135; and 112.3143(2) to activities of the
  367  officers and members of the board of directors specified in
  368  subsection (1), those persons shall be considered public
  369  officers or employees and the corporation shall be considered
  370  their agency.
  371         (3) For a period of 2 years after retirement from or
  372  termination of service, or for a period of 10 years if removed
  373  or terminated for cause or for misconduct, as defined in s.
  374  443.036(29), an officer or a member of the board of directors
  375  specified in subsection (1) may not represent another person or
  376  entity for compensation before:
  377         (a) His or her corporation;
  378         (b) A division, a subsidiary, or the board of directors of
  379  a corporation created to carry out the mission of his or her
  380  corporation; or
  381         (c) A corporation with which the corporation is required by
  382  law to contract to carry out its missions.
  383         (4) This section does not supersede any additional or more
  384  stringent standards of conduct applicable to an officer or a
  385  member of the board of directors of an entity specified in
  386  subsection (1) prescribed by any other provision of law.
  387         Section 5. Paragraph (d) of subsection (2) of section
  388  28.35, Florida Statutes, is amended to read:
  389         28.35 Florida Clerks of Court Operations Corporation.—
  390         (2) The duties of the corporation shall include the
  391  following:
  392         (d) Developing and certifying a uniform system of workload
  393  measures and applicable workload standards for court-related
  394  functions as developed by the corporation and clerk workload
  395  performance in meeting the workload performance standards. These
  396  workload measures and workload performance standards shall be
  397  designed to facilitate an objective determination of the
  398  performance of each clerk in accordance with minimum standards
  399  for fiscal management, operational efficiency, and effective
  400  collection of fines, fees, service charges, and court costs. The
  401  corporation shall develop the workload measures and workload
  402  performance standards in consultation with the Legislature. When
  403  the corporation finds a clerk has not met the workload
  404  performance standards, the corporation shall identify the nature
  405  of each deficiency and any corrective action recommended and
  406  taken by the affected clerk of the court. For quarterly periods
  407  ending on the last day of March, June, September, and December
  408  of each year, the corporation shall notify the Legislature of
  409  any clerk not meeting workload performance standards and provide
  410  a copy of any corrective action plans. Such notifications shall
  411  be submitted no later than 45 days after the end of the
  412  preceding quarterly period. As used in this subsection, the
  413  term:
  414         1. “Workload measures” means the measurement of the
  415  activities and frequency of the work required for the clerk to
  416  adequately perform the court-related duties of the office as
  417  defined by the membership of the Florida Clerks of Court
  418  Operations Corporation.
  419         2. “Workload performance standards” means the standards
  420  developed to measure the timeliness and effectiveness of the
  421  activities that are accomplished by the clerk in the performance
  422  of the court-related duties of the office as defined by the
  423  membership of the Florida Clerks of Court Operations
  424  Corporation.
  425         Section 6. Present subsections (6) and (7) of section
  426  43.16, Florida Statutes, are redesignated as subsections (7) and
  427  (8), respectively, and a new subsection (6) is added to that
  428  section, to read:
  429         43.16 Justice Administrative Commission; membership, powers
  430  and duties.—
  431         (6) The commission, each state attorney, each public
  432  defender, the criminal conflict and civil regional counsel, the
  433  capital collateral regional counsel, and the Guardian Ad Litem
  434  Program shall establish and maintain internal controls designed
  435  to:
  436         (a) Prevent and detect fraud, waste, and abuse.
  437         (b) Promote and encourage compliance with applicable laws,
  438  rules, contracts, grant agreements, and best practices.
  439         (c) Support economical and efficient operations.
  440         (d) Ensure reliability of financial records and reports.
  441         (e) Safeguard assets.
  442         Section 7. Section 112.3126, Florida Statutes, is created
  443  to read:
  444         112.3126 Employment restrictions; legislators.—
  445         (1) As used in this section, the term “private entity”
  446  means any nongovernmental entity, such as a corporation,
  447  partnership, company or nonprofit organization, any other legal
  448  entity, or any natural person.
  449         (2)(a) A member of, or candidate for, the Legislature may
  450  not accept employment with a private entity that directly
  451  receives funding through state revenues appropriated by the
  452  General Appropriations Act if he or she knows, or with the
  453  exercise of reasonable care should know, that the position is
  454  being offered by the employer for the purpose of gaining
  455  influence or other advantage based on the legislator’s office or
  456  candidacy. Any employment with a private entity that directly
  457  receives funding through state revenues appropriated by the
  458  General Appropriations Act accepted by a member or candidate
  459  must meet all of the following conditions:
  460         1. The position was already in existence or was created by
  461  the employer without the knowledge or anticipation of the
  462  legislator’s interest in such position;
  463         2. The position was open to other applicants;
  464         3. The legislator was subject to the same application and
  465  hiring process as other candidates for the position; and
  466         4. The legislator meets or exceeds the required
  467  qualifications for the position.
  468         (b) A member of the Legislature who is employed by such
  469  private entity before his or her legislative service begins may
  470  continue his or her employment. However, he or she may not
  471  accept promotion, advancement, additional compensation, or
  472  anything of value that he or she knows, or with the exercise of
  473  reasonable care should know, is provided or given to influence
  474  or attempt to influence his or her legislative office, or that
  475  is otherwise inconsistent with the promotion, advancement,
  476  additional compensation, or anything of value provided or given
  477  an employee who is similarly situated.
  478         Section 8. Subsection (7) of section 112.313, Florida
  479  Statutes, is amended to read:
  480         112.313 Standards of conduct for public officers, employees
  481  of agencies, and local government attorneys.—
  482         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
  483         (a) A No public officer or employee of an agency may not
  484  shall have or hold any employment or contractual relationship
  485  with any business entity or any agency that which is subject to
  486  the regulation of, or is doing business with, an agency of which
  487  he or she is an officer or employee, excluding those
  488  organizations and their officers who, when acting in their
  489  official capacity, enter into or negotiate a collective
  490  bargaining contract with the state or any municipality, county,
  491  or other political subdivision of the state; and nor shall an
  492  officer or employee of an agency may not have or hold any
  493  employment or contractual relationship that will create a
  494  continuing or frequently recurring conflict between his or her
  495  private interests and the performance of his or her public
  496  duties or that would impede the full and faithful discharge of
  497  his or her public duties. For purposes of this subsection, if a
  498  public officer or employee of an agency holds a controlling
  499  interest in a business entity or is an officer, a director, or a
  500  member who manages such an entity, contractual relationships
  501  held by the business entity are deemed to be held by the public
  502  officer or employee.
  503         1. When the agency referred to is a that certain kind of
  504  special tax district created by general or special law and is
  505  limited specifically to constructing, maintaining, managing, and
  506  financing improvements in the land area over which the agency
  507  has jurisdiction, or when the agency has been organized pursuant
  508  to chapter 298, then employment with, or entering into a
  509  contractual relationship with, such a business entity by a
  510  public officer or employee of such an agency is shall not be
  511  prohibited by this subsection or be deemed a conflict per se.
  512  However, conduct by such officer or employee that is prohibited
  513  by, or otherwise frustrates the intent of, this section must
  514  shall be deemed a conflict of interest in violation of the
  515  standards of conduct set forth by this section.
  516         2. When the agency referred to is a legislative body and
  517  the regulatory power over the business entity resides in another
  518  agency, or when the regulatory power that which the legislative
  519  body exercises over the business entity or agency is strictly
  520  through the enactment of laws or ordinances, then employment or
  521  a contractual relationship with such a business entity by a
  522  public officer or employee of a legislative body is shall not be
  523  prohibited by this subsection or be deemed a conflict.
  524         (b) This subsection does shall not prohibit a public
  525  officer or employee from practicing in a particular profession
  526  or occupation when such practice by persons holding such public
  527  office or employment is required or permitted by law or
  528  ordinance.
  529         Section 9. Subsections (1) and (2) of section 112.3144,
  530  Florida Statutes, are amended to read:
  531         112.3144 Full and public disclosure of financial
  532  interests.—
  533         (1) In addition to officers specified in s. 8, Art. II of
  534  the State Constitution or other state law, all elected municipal
  535  officers are required to file a full and public disclosure of
  536  their financial interests. An officer who is required by s. 8,
  537  Art. II of the State Constitution to file a full and public
  538  disclosure of his or her financial interests for any calendar or
  539  fiscal year shall file that disclosure with the Florida
  540  Commission on Ethics. Additionally, beginning January 1, 2015,
  541  An officer who is required to complete annual ethics training
  542  pursuant to s. 112.3142 must certify on his or her full and
  543  public disclosure of financial interests that he or she has
  544  completed the required training.
  545         (2) A person who is required, pursuant to s. 8, Art. II of
  546  the State Constitution, to file a full and public disclosure of
  547  financial interests and who has filed a full and public
  548  disclosure of financial interests for any calendar or fiscal
  549  year is shall not be required to file a statement of financial
  550  interests pursuant to s. 112.3145(2) and (3) for the same year
  551  or for any part thereof notwithstanding any requirement of this
  552  part. If an incumbent in an elective office has filed the full
  553  and public disclosure of financial interests to qualify for
  554  election to the same office or if a candidate for office holds
  555  another office subject to the annual filing requirement, the
  556  qualifying officer shall forward an electronic copy of the full
  557  and public disclosure of financial interests to the commission
  558  no later than July 1. The electronic copy of the full and public
  559  disclosure of financial interests satisfies the annual
  560  disclosure requirement of this section. A candidate who does not
  561  qualify until after the annual full and public disclosure of
  562  financial interests has been filed pursuant to this section
  563  shall file a copy of his or her disclosure with the officer
  564  before whom he or she qualifies.
  565         Section 10. The amendment made to s. 112.3144, Florida
  566  Statutes, by this act applies to disclosures filed for the 2016
  567  calendar year and all subsequent calendar years.
  568         Section 11. Subsection (1) of section 112.31455, Florida
  569  Statutes, is amended to read:
  570         112.31455 Collection methods for unpaid automatic fines for
  571  failure to timely file disclosure of financial interests.—
  572         (1) Before referring any unpaid fine accrued pursuant to s.
  573  112.3144(5) or s. 112.3145(7) to the Department of Financial
  574  Services, the commission shall attempt to determine whether the
  575  individual owing such a fine is a current public officer or
  576  current public employee. If so, the commission may notify the
  577  Chief Financial Officer or the governing body of the appropriate
  578  county, municipality, school district, or special district of
  579  the total amount of any fine owed to the commission by such
  580  individual.
  581         (a) After receipt and verification of the notice from the
  582  commission, the Chief Financial Officer or the governing body of
  583  the county, municipality, school district, or special district
  584  shall begin withholding the lesser of 10 percent or the maximum
  585  amount allowed under federal law from any salary-related
  586  payment. The withheld payments shall be remitted to the
  587  commission until the fine is satisfied.
  588         (b) The Chief Financial Officer or the governing body of
  589  the county, municipality, school district, or special district
  590  may retain an amount of each withheld payment, as provided in s.
  591  77.0305, to cover the administrative costs incurred under this
  592  section.
  593         Section 12. Present subsections (7) through (15) of section
  594  112.3215, Florida Statutes, are renumbered as subsections (8)
  595  through (16), respectively, a new subsection (7) is added to
  596  that section, and paragraph (a) of present subsection (8) and
  597  present subsection (11) of that section are amended, to read:
  598         112.3215 Lobbying before the executive branch or the
  599  Constitution Revision Commission; registration and reporting;
  600  investigation by commission.—
  601         (7) If a lobbying firm lobbies the Governor to approve or
  602  veto any bill passed by the Legislature or a specific
  603  appropriation in the General Appropriations Act, the lobbying
  604  firm must file a monthly report disclosing such activity with
  605  the commission.
  606         (a) The monthly report must contain the same information
  607  required under s. 11.045(5). The reports must be filed with the
  608  commission no later than 7 business days after the end of the
  609  preceding month. A lobbying firm may satisfy the filing
  610  requirements of this subsection by using the form used under s.
  611  11.045(5).
  612         (b) The reports shall be filed even if the reporting
  613  lobbying firm did not engage in any lobbying activities
  614  requiring disclosure, in which the report shall be marked “not
  615  applicable.”
  616         (c) The commission shall provide by rule the grounds for
  617  waiving a fine, the procedures by which a lobbying firm that
  618  fails to timely file a report shall be notified and assessed
  619  fines, and the procedure for appealing the fines. The rule shall
  620  provide for the following:
  621         1. Upon determining that the report is late, the person
  622  designated to review the timeliness of reports shall immediately
  623  notify the lobbying firm as to the failure to timely file the
  624  report and that a fine is being assessed for each late day. The
  625  fine shall be $50 per day per report for each late day up to a
  626  maximum of $5,000 per late report.
  627         2. Upon receipt of the report, the person designated to
  628  review the timeliness of reports shall determine the amount of
  629  the fine due based upon when a report is actually received by
  630  the commission.
  631         3. Such fine shall be paid within 30 days after the notice
  632  of payment due is transmitted by the commission, unless appeal
  633  is made to the commission. The moneys shall be deposited into
  634  the Executive Branch Lobby Registration Trust Fund.
  635         4. A fine may not be assessed against a lobbying firm the
  636  first time any reports for which the lobbying firm is
  637  responsible are not timely filed. However, to receive the one
  638  time fine waiver, all reports for which the lobbying firm is
  639  responsible must be filed within 30 days after the notice that
  640  any reports have not been timely filed is transmitted by the
  641  commission. A fine shall be assessed for any subsequent late
  642  filed reports.
  643         5. Any lobbying firm may appeal or dispute a fine, based
  644  upon unusual circumstances surrounding the failure to file on
  645  the designated due date, and may request and shall be entitled
  646  to a hearing before the commission, which shall have the
  647  authority to waive the fine in whole or in part for good cause
  648  shown. Any such request shall be made within 30 days after the
  649  notice of payment due is transmitted by the commission. In such
  650  case, the lobbying firm shall, within the 30-day period, notify
  651  the person designated to review the timeliness of reports in
  652  writing of his or her intention to bring the matter before the
  653  commission.
  654         6. The person designated to review the timeliness of
  655  reports shall notify the commission of the failure of a lobbying
  656  firm to file a report after notice or of the failure of a
  657  lobbying firm to pay the fine imposed. All lobbyist
  658  registrations for lobbyists who are partners, owners, officers,
  659  or employees of a lobbying firm that fails to timely pay a fine
  660  are automatically suspended until the fine is paid or waived,
  661  and the commission shall promptly notify all affected principals
  662  of each suspension and each reinstatement.
  663         7. Notwithstanding any provision of chapter 120, any fine
  664  imposed under this subsection that is not waived by final order
  665  of the commission and that remains unpaid more than 60 days
  666  after the notice of payment due or more than 60 days after the
  667  commission renders a final order on the lobbying firm’s appeal
  668  shall be collected by the Department of Financial Services as a
  669  claim, debt, or other obligation owed to the state, and the
  670  department may assign the collection of such fine to a
  671  collection agent as provided in s. 17.20.
  672         (9)(a)(8)(a) The commission shall investigate every sworn
  673  complaint that is filed with it alleging that a person covered
  674  by this section has failed to register, has failed to submit a
  675  compensation report, has made a prohibited expenditure, has
  676  failed to file a report required by subsection (7), or has
  677  knowingly submitted false information in any report or
  678  registration required in this section.
  679         (12)(11) Any person who is required to be registered or to
  680  provide information under this section or under rules adopted
  681  pursuant to this section and who knowingly fails to disclose any
  682  material fact that is required by this section or by rules
  683  adopted pursuant to this section, or who knowingly provides
  684  false information on any report required by this section or by
  685  rules adopted pursuant to this section, commits a noncriminal
  686  infraction, punishable by a fine not to exceed $5,000. Such
  687  penalty is in addition to any other penalty assessed by the
  688  Governor and Cabinet pursuant to subsection (11) (10).
  689         Section 13. Section 112.3261, Florida Statutes, is amended
  690  to read:
  691         112.3261 Lobbying before governmental entities water
  692  management districts; registration and reporting.—
  693         (1) As used in this section, the term:
  694         (a) “Governmental entity” or “entity” “District” means a
  695  water management district created in s. 373.069 and operating
  696  under the authority of chapter 373, a hospital district, a
  697  children’s services district, an expressway authority as the
  698  term “authority” is defined in s. 348.0002, the term “port
  699  authority” as defined in s. 315.02, a county or municipality
  700  that has not adopted lobbyist registration and reporting
  701  requirements, or an independent special district with annual
  702  revenues of more than $5 million which exercises ad valorem
  703  taxing authority.
  704         (b) “Lobbies” means seeking, on behalf of another person,
  705  to influence a governmental entity district with respect to a
  706  decision of the entity district in an area of policy or
  707  procurement or an attempt to obtain the goodwill of an a
  708  district official or employee of a governmental entity. The term
  709  “lobbies” shall be interpreted and applied consistently with the
  710  rules of the commission implementing s. 112.3215.
  711         (c) “Lobbyist” has the same meaning as provided in s.
  712  112.3215.
  713         (d) “Principal” has the same meaning as provided in s.
  714  112.3215.
  715         (2) A person may not lobby a governmental entity district
  716  until such person has registered as a lobbyist with that entity
  717  district. Such registration shall be due upon initially being
  718  retained to lobby and is renewable on a calendar-year basis
  719  thereafter. Upon registration, the person shall provide a
  720  statement signed by the principal or principal’s representative
  721  stating that the registrant is authorized to represent the
  722  principal. The principal shall also identify and designate its
  723  main business on the statement authorizing that lobbyist
  724  pursuant to a classification system approved by the governmental
  725  entity district. Any changes to the information required by this
  726  section must be disclosed within 15 days by filing a new
  727  registration form. The registration form must shall require each
  728  lobbyist to disclose, under oath, the following:
  729         (a) The lobbyist’s name and business address.
  730         (b) The name and business address of each principal
  731  represented.
  732         (c) The existence of any direct or indirect business
  733  association, partnership, or financial relationship with an
  734  official any officer or employee of a governmental entity
  735  district with which he or she lobbies or intends to lobby.
  736         (d) A governmental entity shall create a lobbyist
  737  registration form modeled after the In lieu of creating its own
  738  lobbyist registration forms, a district may accept a completed
  739  legislative branch or executive branch lobbyist registration
  740  form, which must be returned to the governmental entity.
  741         (3) A governmental entity district shall make lobbyist
  742  registrations available to the public. If a governmental entity
  743  district maintains a website, a database of currently registered
  744  lobbyists and principals must be available on the entity’s
  745  district’s website.
  746         (4) A lobbyist shall promptly send a written statement to
  747  the governmental entity district canceling the registration for
  748  a principal upon termination of the lobbyist’s representation of
  749  that principal. A governmental entity district may remove the
  750  name of a lobbyist from the list of registered lobbyists if the
  751  principal notifies the entity district that a person is no
  752  longer authorized to represent that principal.
  753         (5) A governmental entity district may establish an annual
  754  lobbyist registration fee, not to exceed $40, for each principal
  755  represented. The governmental entity district may use
  756  registration fees only to administer this section.
  757         (6) A governmental entity district shall be diligent to
  758  ascertain whether persons required to register pursuant to this
  759  section have complied. A governmental entity district may not
  760  knowingly authorize a person who is not registered pursuant to
  761  this section to lobby the entity district.
  762         (7) Upon receipt of a sworn complaint alleging that a
  763  lobbyist or principal has failed to register with a governmental
  764  entity district or has knowingly submitted false information in
  765  a report or registration required under this section, the
  766  commission shall investigate a lobbyist or principal pursuant to
  767  the procedures established under s. 112.324. The commission
  768  shall provide the Governor with a report of its findings and
  769  recommendations in any investigation conducted pursuant to this
  770  subsection. The Governor is authorized to enforce the
  771  commission’s findings and recommendations.
  772         (8) A governmental entity Water management districts may
  773  adopt rules to establish procedures to govern the registration
  774  of lobbyists, including the adoption of forms and the
  775  establishment of a lobbyist registration fee.
  776         Section 14. Paragraph (c) of subsection (3) of section
  777  129.03, Florida Statutes, is amended to read:
  778         129.03 Preparation and adoption of budget.—
  779         (3) The county budget officer, after tentatively
  780  ascertaining the proposed fiscal policies of the board for the
  781  next fiscal year, shall prepare and present to the board a
  782  tentative budget for the next fiscal year for each of the funds
  783  provided in this chapter, including all estimated receipts,
  784  taxes to be levied, and balances expected to be brought forward
  785  and all estimated expenditures, reserves, and balances to be
  786  carried over at the end of the year.
  787         (c) The board shall hold public hearings to adopt tentative
  788  and final budgets pursuant to s. 200.065. The hearings shall be
  789  primarily for the purpose of hearing requests and complaints
  790  from the public regarding the budgets and the proposed tax
  791  levies and for explaining the budget and any proposed or adopted
  792  amendments. The tentative budget must be posted on the county’s
  793  official website at least 2 days before the public hearing to
  794  consider such budget and must remain on the website for at least
  795  45 days. The final budget must be posted on the website within
  796  30 days after adoption and must remain on the website for at
  797  least 2 years. The tentative budgets, adopted tentative budgets,
  798  and final budgets shall be filed in the office of the county
  799  auditor as a public record. Sufficient reference in words and
  800  figures to identify the particular transactions must shall be
  801  made in the minutes of the board to record its actions with
  802  reference to the budgets.
  803         Section 15. Paragraph (f) of subsection (2) of section
  804  129.06, Florida Statutes, is amended to read:
  805         129.06 Execution and amendment of budget.—
  806         (2) The board at any time within a fiscal year may amend a
  807  budget for that year, and may within the first 60 days of a
  808  fiscal year amend the budget for the prior fiscal year, as
  809  follows:
  810         (f) Unless otherwise prohibited by law, if an amendment to
  811  a budget is required for a purpose not specifically authorized
  812  in paragraphs (a)-(e), the amendment may be authorized by
  813  resolution or ordinance of the board of county commissioners
  814  adopted following a public hearing.
  815         1. The public hearing must be advertised at least 2 days,
  816  but not more than 5 days, before the date of the hearing. The
  817  advertisement must appear in a newspaper of paid general
  818  circulation and must identify the name of the taxing authority,
  819  the date, place, and time of the hearing, and the purpose of the
  820  hearing. The advertisement must also identify each budgetary
  821  fund to be amended, the source of the funds, the use of the
  822  funds, and the total amount of each fund’s appropriations.
  823         2. If the board amends the budget pursuant to this
  824  paragraph, the adopted amendment must be posted on the county’s
  825  official website within 5 days after adoption and must remain on
  826  the website for at least 2 years.
  827         Section 16. Subsections (3) and (5) of section 166.241,
  828  Florida Statutes, are amended to read:
  829         166.241 Fiscal years, budgets, and budget amendments.—
  830         (3) The tentative budget must be posted on the
  831  municipality’s official website at least 2 days before the
  832  budget hearing, held pursuant to s. 200.065 or other law, to
  833  consider such budget, and must remain on the website for at
  834  least 45 days. The final adopted budget must be posted on the
  835  municipality’s official website within 30 days after adoption
  836  and must remain on the website for at least 2 years. If the
  837  municipality does not operate an official website, the
  838  municipality must, within a reasonable period of time as
  839  established by the county or counties in which the municipality
  840  is located, transmit the tentative budget and final budget to
  841  the manager or administrator of such county or counties who
  842  shall post the budgets on the county’s website.
  843         (5) If the governing body of a municipality amends the
  844  budget pursuant to paragraph (4)(c), the adopted amendment must
  845  be posted on the official website of the municipality within 5
  846  days after adoption and must remain on the website for at least
  847  2 years. If the municipality does not operate an official
  848  website, the municipality must, within a reasonable period of
  849  time as established by the county or counties in which the
  850  municipality is located, transmit the adopted amendment to the
  851  manager or administrator of such county or counties who shall
  852  post the adopted amendment on the county’s website.
  853         Section 17. Subsections (4) and (7) of section 189.016,
  854  Florida Statutes, are amended to read:
  855         189.016 Reports; budgets; audits.—
  856         (4) The tentative budget must be posted on the special
  857  district’s official website at least 2 days before the budget
  858  hearing, held pursuant to s. 200.065 or other law, to consider
  859  such budget, and must remain on the website for at least 45
  860  days. The final adopted budget must be posted on the special
  861  district’s official website within 30 days after adoption and
  862  must remain on the website for at least 2 years. If the special
  863  district does not operate an official website, the special
  864  district must, within a reasonable period of time as established
  865  by the local general-purpose government or governments in which
  866  the special district is located or the local governing authority
  867  to which the district is dependent, transmit the tentative
  868  budget or final budget to the manager or administrator of the
  869  local general-purpose government or the local governing
  870  authority. The manager or administrator shall post the tentative
  871  budget or final budget on the website of the local general
  872  purpose government or governing authority. This subsection and
  873  subsection (3) do not apply to water management districts as
  874  defined in s. 373.019.
  875         (7) If the governing body of a special district amends the
  876  budget pursuant to paragraph (6)(c), the adopted amendment must
  877  be posted on the official website of the special district within
  878  5 days after adoption and must remain on the website for at
  879  least 2 years. If the special district does not operate an
  880  official website, the special district must, within a reasonable
  881  period of time as established by the local general-purpose
  882  government or governments in which the special district is
  883  located or the local governing authority to which the district
  884  is dependent, transmit the adopted amendment to the manager or
  885  administrator of the local general-purpose government or
  886  governing authority. The manager or administrator shall post the
  887  adopted amendment on the website of the local general-purpose
  888  government or governing authority.
  889         Section 18. Present subsections (1) through (5) of section
  890  215.425, Florida Statutes, are renumbered as subsections (2)
  891  through (6), respectively, present subsection (2) and paragraph
  892  (a) of present subsection (4) of that section are amended, and a
  893  new subsection (1) and subsections (7) through (13) are added to
  894  that section, to read:
  895         215.425 Extra compensation claims prohibited; bonuses;
  896  severance pay.—
  897         (1) As used in this section, the term “public funds” means
  898  any taxes, tuition, grants, fines, fees, or other charges or any
  899  other type of revenue collected by the state or any county,
  900  municipality, special district, school district, Florida College
  901  System institution, state university, or other separate unit of
  902  government created pursuant to law, including any office,
  903  department, agency, division, subdivision, political
  904  subdivision, board, bureau, or commission of such entities.
  905         (3)(2) Notwithstanding subsection (2), if the payment and
  906  receipt does not otherwise violate part III of chapter 112, the
  907  following funds may be used to provide extra compensation or
  908  severance pay in excess of the amount specified in subparagraph
  909  (5)(a)1.:
  910         (a) Revenues received by state universities through or from
  911  faculty practice plans; health services support organizations;
  912  hospitals with which state universities are affiliated; direct
  913  support organizations; or federal, auxiliary, or private
  914  sources, except for tuition.
  915         (b) Revenues received by Florida College System
  916  institutions through or from faculty practice plans; health
  917  services support organizations; direct-support organizations; or
  918  federal, auxiliary, or private sources, except for tuition.
  919         (c) Revenues that are received by a hospital licensed under
  920  chapter 395 which has entered into a Medicaid provider contract
  921  and that:
  922         1. Are not derived from the levy of an ad valorem tax;
  923         2. Are not derived from patient services paid through the
  924  Medicaid or Medicare program;
  925         3. Are derived from patient services pursuant to contracts
  926  with private insurers or private managed care entities; or
  927         4. Are not appropriated by the Legislature or by any
  928  county, municipality, special district, school district, Florida
  929  College System institution, state university, or other separate
  930  unit of government created pursuant to law, including any
  931  office, department, agency, division, subdivision, political
  932  subdivision, board, bureau, commission, authority, or
  933  institution of such entities, except for revenues otherwise
  934  authorized to be used pursuant to subparagraphs 2. and 3. This
  935  section does not apply to:
  936         (a) a bonus or severance pay that is paid wholly from
  937  nontax revenues and nonstate-appropriated funds, the payment and
  938  receipt of which does not otherwise violate part III of chapter
  939  112, and which is paid to an officer, agent, employee, or
  940  contractor of a public hospital that is operated by a county or
  941  a special district; or
  942         (d)(b) A clothing and maintenance allowance given to
  943  plainclothes deputies pursuant to s. 30.49.
  944         (e) Revenues or fees received by a seaport or airport from
  945  sources other than through the levy of a tax, or funds
  946  appropriated by any county or municipality or the Legislature.
  947         (5)(a)(4)(a) On or after July 1, 2011, A unit of
  948  government, on or after July 1, 2011, or a state university, on
  949  or after July 1, 2012, that is a party to enters into a contract
  950  or employment agreement, or renewal or renegotiation of an
  951  existing contract or employment agreement, that contains a
  952  provision for severance pay with an officer, agent, employee, or
  953  contractor must include the following provisions in the
  954  contract:
  955         1. A requirement that severance pay paid from public funds
  956  provided may not exceed an amount greater than 20 weeks of
  957  compensation.
  958         2. A prohibition of provision of severance pay paid from
  959  public funds when the officer, agent, employee, or contractor
  960  has been fired for misconduct, as defined in s. 443.036(29), by
  961  the unit of government.
  962         (7) Upon discovery or notification that a unit of
  963  government has provided prohibited compensation to any officer,
  964  agent, employee, or contractor in violation of this section,
  965  such unit of government shall investigate and take all necessary
  966  action to recover the prohibited compensation.
  967         (a) If the violation was unintentional, the unit of
  968  government shall recover the prohibited compensation from the
  969  individual receiving the prohibited compensation through normal
  970  recovery methods for overpayments.
  971         (b) If the violation was willful, the unit of government
  972  shall recover the prohibited compensation from either the
  973  individual receiving the prohibited compensation or the
  974  individual or individuals responsible for approving the
  975  prohibited compensation. Each individual determined to have
  976  willfully violated this section is jointly and severally liable
  977  for repayment of the prohibited compensation.
  978         (8) A person who willfully violates this section commits a
  979  misdemeanor of the first degree, punishable as provided in s.
  980  775.082 or s. 775.083.
  981         (9) An officer who exercises the powers and duties of a
  982  state or county officer and willfully violates this section is
  983  subject to the Governor’s power under s. 7(a), Art. IV of the
  984  State Constitution. An officer who exercises powers and duties
  985  other than those of a state or county officer and willfully
  986  violates this section is subject to the suspension and removal
  987  procedures under s. 112.51.
  988         (10)(a) A person who reports a violation of this section is
  989  eligible for a reward of at least $500, or the lesser of 10
  990  percent of the funds recovered or $10,000 per incident of a
  991  prohibited compensation payment recovered by the unit of
  992  government, depending upon the extent to which the person
  993  substantially contributed to the discovery, notification, and
  994  recovery of such prohibited payment.
  995         (b) In the event that the recovery of the prohibited
  996  compensation is based primarily on disclosures of specific
  997  information, other than information provided by such person,
  998  relating to allegations or transactions in a criminal, civil, or
  999  administrative hearing; in a legislative, administrative,
 1000  inspector general, or other government report; in an auditor
 1001  general report, hearing, audit, or investigation; or from the
 1002  news media, such person is not eligible for a reward, or for an
 1003  award of a portion of the proceeds or payment of attorney fees
 1004  and costs pursuant to s. 68.085.
 1005         (c) If it is determined that the person who reported a
 1006  violation of this section was involved in the authorization,
 1007  approval, or receipt of the prohibited compensation or is
 1008  convicted of criminal conduct arising from his or her role in
 1009  the authorization, approval, or receipt of the prohibited
 1010  compensation, such person is not eligible for a reward, or for
 1011  an award of a portion of the proceeds or payment of attorney
 1012  fees and costs pursuant to s. 68.085.
 1013         (11) An employee who is discharged, demoted, suspended,
 1014  threatened, harassed, or in any manner discriminated against in
 1015  the terms and conditions of employment by his or her employer
 1016  because of lawful acts done by the employee on behalf of the
 1017  employee or others in furtherance of an action under this
 1018  section, including investigation for initiation of, testimony
 1019  for, or assistance in an action filed or to be filed under this
 1020  section, has a cause of action under s. 112.3187.
 1021         (12) If the unit of government fails to recover prohibited
 1022  compensation for a willful violation of this section upon
 1023  discovery and notification of such prohibited payment within 90
 1024  days, a cause of action may be brought to:
 1025         (a) Recover state funds in accordance with ss. 68.082 and
 1026  68.083.
 1027         (b) Recover other funds by the Department of Legal Affairs
 1028  using the procedures set forth in ss. 68.082 and 68.083, except
 1029  that venue shall lie in the circuit court of the county in which
 1030  the unit of government is located.
 1031         (c) Recover other funds by a person using the procedures
 1032  set forth in ss. 68.082 and 68.083, except that venue shall lie
 1033  in the circuit court of the county in which the unit of
 1034  government is located.
 1035         (13) Subsections (7)-(12) apply prospectively to contracts
 1036  or employment agreements, or the renewal or renegotiation of an
 1037  existing contract or employment agreement, effective on or after
 1038  October 1, 2016.
 1039         Section 19. Section 215.86, Florida Statutes, is amended to
 1040  read:
 1041         215.86 Management systems and controls.—Each state agency
 1042  and the judicial branch as defined in s. 216.011 shall establish
 1043  and maintain management systems and internal controls designed
 1044  to:
 1045         (1) Prevent and detect fraud, waste, and abuse. that
 1046         (2) Promote and encourage compliance with applicable laws,
 1047  rules, contracts, grant agreements, and best practices.;
 1048         (3) Support economical and economic, efficient, and
 1049  effective operations.;
 1050         (4) Ensure reliability of financial records and reports.;
 1051         (5) Safeguard and safeguarding of assets. Accounting
 1052  systems and procedures shall be designed to fulfill the
 1053  requirements of generally accepted accounting principles.
 1054         Section 20. Paragraph (a) of subsection (2) of section
 1055  215.97, Florida Statutes, is amended to read:
 1056         215.97 Florida Single Audit Act.—
 1057         (2) Definitions; as used in this section, the term:
 1058         (a) “Audit threshold” means the threshold amount used to
 1059  determine when a state single audit or project-specific audit of
 1060  a nonstate entity shall be conducted in accordance with this
 1061  section. Each nonstate entity that expends a total amount of
 1062  state financial assistance equal to or in excess of $750,000
 1063  $500,000 in any fiscal year of such nonstate entity shall be
 1064  required to have a state single audit, or a project-specific
 1065  audit, for such fiscal year in accordance with the requirements
 1066  of this section. Every 2 years the Auditor General, After
 1067  consulting with the Executive Office of the Governor, the
 1068  Department of Financial Services, and all state awarding
 1069  agencies, the Auditor General shall periodically review the
 1070  threshold amount for requiring audits under this section and may
 1071  recommend any appropriate statutory change to revise the
 1072  threshold amount in the annual report submitted pursuant to s.
 1073  11.45(7)(h) to the Legislature may adjust such threshold amount
 1074  consistent with the purposes of this section.
 1075         Section 21. Subsection (11) of section 215.985, Florida
 1076  Statutes, is amended to read:
 1077         215.985 Transparency in government spending.—
 1078         (11) Each water management district shall provide a monthly
 1079  financial statement in the form and manner prescribed by the
 1080  Department of Financial Services to the district’s its governing
 1081  board and make such monthly financial statement available for
 1082  public access on its website.
 1083         Section 22. Paragraph (d) of subsection (1) and subsection
 1084  (2) of section 218.32, Florida Statutes, are amended to read:
 1085         218.32 Annual financial reports; local governmental
 1086  entities.—
 1087         (1)
 1088         (d) Each local governmental entity that is required to
 1089  provide for an audit under s. 218.39(1) must submit a copy of
 1090  the audit report and annual financial report to the department
 1091  within 45 days after the completion of the audit report but no
 1092  later than 9 months after the end of the fiscal year. In
 1093  conducting an audit of a local governmental entity pursuant to
 1094  s. 218.39, an independent certified public accountant shall
 1095  determine whether the entity’s annual financial report is in
 1096  agreement with the audited financial statements. The
 1097  accountant’s audit report must be supported by the same level of
 1098  detail as required for the annual financial report. If the
 1099  accountant’s audit report is not in agreement with the annual
 1100  financial report, the accountant shall specify and explain the
 1101  significant differences that exist between the annual financial
 1102  report and the audit report.
 1103         (2) The department shall annually by December 1 file a
 1104  verified report with the Governor, the Legislature, the Auditor
 1105  General, and the Special District Accountability Program of the
 1106  Department of Economic Opportunity showing the revenues, both
 1107  locally derived and derived from intergovernmental transfers,
 1108  and the expenditures of each local governmental entity, regional
 1109  planning council, local government finance commission, and
 1110  municipal power corporation that is required to submit an annual
 1111  financial report. In preparing the verified report, the
 1112  department may request additional information from the local
 1113  governmental entity. The information requested must be provided
 1114  to the department within 45 days after the request. If the local
 1115  governmental entity does not comply with the request, the
 1116  department shall notify the Legislative Auditing Committee,
 1117  which may take action pursuant to s. 11.40(2). The report must
 1118  include, but is not limited to:
 1119         (a) The total revenues and expenditures of each local
 1120  governmental entity that is a component unit included in the
 1121  annual financial report of the reporting entity.
 1122         (b) The amount of outstanding long-term debt by each local
 1123  governmental entity. For purposes of this paragraph, the term
 1124  “long-term debt” means any agreement or series of agreements to
 1125  pay money, which, at inception, contemplate terms of payment
 1126  exceeding 1 year in duration.
 1127         Section 23. Present subsection (3) of section 218.33,
 1128  Florida Statutes, is redesignated as subsection (4), and a new
 1129  subsection (3) is added to that section, to read:
 1130         218.33 Local governmental entities; establishment of
 1131  uniform fiscal years and accounting practices and procedures.—
 1132         (3) Each local governmental entity shall establish and
 1133  maintain internal controls designed to:
 1134         (a) Prevent and detect fraud, waste, and abuse.
 1135         (b) Promote and encourage compliance with applicable laws,
 1136  rules, contracts, grant agreements, and best practices.
 1137         (c) Support economical and efficient operations.
 1138         (d) Ensure reliability of financial records and reports.
 1139         (e) Safeguard assets.
 1140         Section 24. Present subsections (8) through (12) of section
 1141  218.39, Florida Statutes, are redesignated as subsections (9)
 1142  through (13), respectively, and a new subsection (8) is added to
 1143  that section, to read:
 1144         218.39 Annual financial audit reports.—
 1145         (8) If the audit report includes a recommendation that was
 1146  included in the preceding financial audit report but remains
 1147  unaddressed, the governing body of the audited entity, within 60
 1148  days after the delivery of the audit report to the governing
 1149  body, shall indicate during a regularly scheduled public meeting
 1150  whether it intends to take corrective action, the intended
 1151  corrective action, and the timeframe for the corrective action.
 1152  If the governing body indicates that it does not intend to take
 1153  corrective action, it shall explain its decision at the public
 1154  meeting.
 1155         Section 25. Subsection (2) of section 218.391, Florida
 1156  Statutes, is amended, and subsection (9) is added to that
 1157  section, to read:
 1158         218.391 Auditor selection procedures.—
 1159         (2) The governing body of a charter county, municipality,
 1160  special district, district school board, charter school, or
 1161  charter technical career center shall establish an audit
 1162  committee.
 1163         (a) The audit committee for a county Each noncharter county
 1164  shall establish an audit committee that, at a minimum, shall
 1165  consist of each of the county officers elected pursuant to the
 1166  county charter or s. 1(d), Art. VIII of the State Constitution,
 1167  or their respective designees a designee, and one member of the
 1168  board of county commissioners or its designee.
 1169         (b) The audit committee for a municipality, special
 1170  district, district school board, charter school, or charter
 1171  technical career center shall consist of at least three members.
 1172  One member of the audit committee must be a member of the
 1173  governing body of an entity specified in this paragraph, who
 1174  shall also serve as the chair of the committee.
 1175         (c) An employee, chief executive officer, or chief
 1176  financial officer of the county, municipality, special district,
 1177  district school board, charter school, or charter technical
 1178  career center may not serve as a member of an audit committee
 1179  established under this subsection.
 1180         (d) The primary purpose of the audit committee is to assist
 1181  the governing body in selecting an auditor to conduct the annual
 1182  financial audit required in s. 218.39; however, the audit
 1183  committee may serve other audit oversight purposes as determined
 1184  by the entity’s governing body. The public may shall not be
 1185  excluded from the proceedings under this section.
 1186         (9) An audit report submitted pursuant to s. 218.39 must
 1187  include an affidavit executed by the chair of the audit
 1188  committee affirming that the committee complied with the
 1189  requirements of subsections (3)-(6) in selecting an auditor. If
 1190  the Auditor General determines that an entity failed to comply
 1191  with the requirements of subsections (3)-(6) in selecting an
 1192  auditor, the entity shall select a replacement auditor in
 1193  accordance with this section to conduct audits for subsequent
 1194  fiscal years if the original audit was performed under a
 1195  multiyear contract. If the replacement of an auditor would
 1196  preclude the entity from timely completing the annual financial
 1197  audit required by s. 218.39, the entity shall replace an auditor
 1198  in accordance with this section for the subsequent annual
 1199  financial audit. A multiyear contract between an entity or an
 1200  auditor may not prohibit or restrict an entity from complying
 1201  with this subsection.
 1202         Section 26. Subsection (2) of section 286.0114, Florida
 1203  Statutes, is amended to read:
 1204         286.0114 Public meetings; reasonable opportunity to be
 1205  heard; attorney fees.—
 1206         (2) Members of the public shall be given a reasonable
 1207  opportunity to be heard on a proposition before a board or
 1208  commission. The opportunity to be heard need not occur at the
 1209  same meeting at which the board or commission takes official
 1210  action on the proposition if the opportunity occurs at a meeting
 1211  that is during the decisionmaking process and is within
 1212  reasonable proximity in time before the meeting at which the
 1213  board or commission takes the official action. A board or
 1214  commission may not require a member of the public to provide an
 1215  advance written copy of his or her testimony or comments as a
 1216  precondition of being given the opportunity to be heard at a
 1217  meeting. This section does not prohibit a board or commission
 1218  from maintaining orderly conduct or proper decorum in a public
 1219  meeting. The opportunity to be heard is subject to rules or
 1220  policies adopted by the board or commission, as provided in
 1221  subsection (4).
 1222         Section 27. Paragraph (b) of subsection (2) of section
 1223  288.92, Florida Statutes, is amended to read:
 1224         288.92 Divisions of Enterprise Florida, Inc.—
 1225         (2)
 1226         (b)1. The following officers and board members are subject
 1227  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1228  112.3143(2):
 1229         a. Officers and members of the board of directors of the
 1230  divisions of Enterprise Florida, Inc.
 1231         b. Officers and members of the board of directors of
 1232  subsidiaries of Enterprise Florida, Inc.
 1233         c. Officers and members of the board of directors of
 1234  corporations created to carry out the missions of Enterprise
 1235  Florida, Inc.
 1236         d. Officers and members of the board of directors of
 1237  corporations with which a division is required by law to
 1238  contract to carry out its missions.
 1239         2. For a period of 2 years after retirement from or
 1240  termination of service to a division, or for a period of 10
 1241  years if removed or terminated for cause or for misconduct, as
 1242  defined in s. 443.036(29), the officers and board members
 1243  specified in subparagraph 1. may not represent another person or
 1244  entity for compensation before:
 1245         a. Enterprise Florida, Inc.;
 1246         b. A division, a subsidiary, or the board of directors of
 1247  corporations created to carry out the missions of Enterprise
 1248  Florida, Inc.; or
 1249         c. A division with which Enterprise Florida, Inc., is
 1250  required by law to contract to carry out its missions.
 1251         3.2. For purposes of applying ss. 112.313(1)-(8), (10),
 1252  (12), and (15); 112.3135; and 112.3143(2) to activities of the
 1253  officers and members of the board of directors specified in
 1254  subparagraph 1., those persons shall be considered public
 1255  officers or employees and the corporation shall be considered
 1256  their agency.
 1257         4.3. It is not a violation of s. 112.3143(2) or (4) for the
 1258  officers or members of the board of directors of the Florida
 1259  Tourism Industry Marketing Corporation to:
 1260         a. Vote on the 4-year marketing plan required under s.
 1261  288.923 or vote on any individual component of or amendment to
 1262  the plan.
 1263         b. Participate in the establishment or calculation of
 1264  payments related to the private match requirements of s.
 1265  288.904(3). The officer or member must file an annual disclosure
 1266  describing the nature of his or her interests or the interests
 1267  of his or her principals, including corporate parents and
 1268  subsidiaries of his or her principal, in the private match
 1269  requirements. This annual disclosure requirement satisfies the
 1270  disclosure requirement of s. 112.3143(4). This disclosure must
 1271  be placed either on the Florida Tourism Industry Marketing
 1272  Corporation’s website or included in the minutes of each meeting
 1273  of the Florida Tourism Industry Marketing Corporation’s board of
 1274  directors at which the private match requirements are discussed
 1275  or voted upon.
 1276         Section 28. Paragraph (a) of subsection (3) of section
 1277  288.9604, Florida Statutes, is amended to read:
 1278         288.9604 Creation of the authority.—
 1279         (3)(a)1. A director may not receive compensation for his or
 1280  her services, but is entitled to necessary expenses, including
 1281  travel expenses, incurred in the discharge of his or her duties.
 1282  Each director shall hold office until his or her successor has
 1283  been appointed.
 1284         2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
 1285  and (15); 112.3135; and 112.3143(2). For purposes of applying
 1286  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1287  112.3143(2) to activities of directors, directors shall be
 1288  considered public officers and the corporation shall be
 1289  considered their agency.
 1290         3. A director of the corporation may not represent another
 1291  person or entity for compensation before the corporation for a
 1292  period of 2 years following his or her service on the board of
 1293  directors.
 1294         Section 29. Paragraph (e) of subsection (4), paragraph (d)
 1295  of subsection (5), and paragraph (d) of subsection (6) of
 1296  section 373.536, Florida Statutes, are amended to read:
 1297         373.536 District budget and hearing thereon.—
 1298         (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
 1299         (e) By September 1, 2012, Each district shall provide a
 1300  monthly financial statement in the form and manner prescribed by
 1301  the Department of Financial Services to the district’s governing
 1302  board and make such monthly financial statement available for
 1303  public access on its website.
 1304         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
 1305  APPROVAL.—
 1306         (d) Each district shall, by August 1 of each year, submit
 1307  for review a tentative budget and a description of any
 1308  significant changes from the preliminary budget submitted to the
 1309  Legislature pursuant to s. 373.535 to the Governor, the
 1310  President of the Senate, the Speaker of the House of
 1311  Representatives, the chairs of all legislative committees and
 1312  subcommittees having substantive or fiscal jurisdiction over
 1313  water management districts, as determined by the President of
 1314  the Senate or the Speaker of the House of Representatives, as
 1315  applicable, the secretary of the department, and the governing
 1316  body of each county in which the district has jurisdiction or
 1317  derives any funds for the operations of the district. The
 1318  tentative budget must be posted on the district’s official
 1319  website at least 2 days before budget hearings held pursuant to
 1320  s. 200.065 or other law and must remain on the website for at
 1321  least 45 days.
 1322         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 1323  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 1324         (d) The final adopted budget must be posted on the water
 1325  management district’s official website within 30 days after
 1326  adoption and must remain on the website for at least 2 years.
 1327         Section 30. Subsection (7) of section 838.014, Florida
 1328  Statutes, is renumbered as subsection (8), present subsections
 1329  (4) and (6) are amended, and a new subsection (6) is added to
 1330  that section, to read:
 1331         838.014 Definitions.—As used in this chapter, the term:
 1332         (4) “Governmental entity” means an agency or entity of the
 1333  state, a county, municipality, or special district or any other
 1334  public entity created or authorized by law “Corruptly” or “with
 1335  corrupt intent” means acting knowingly and dishonestly for a
 1336  wrongful purpose.
 1337         (6) “Public contractor” means, for purposes of ss. 838.022
 1338  and 838.22 only:
 1339         (a) Any person, as defined in s. 1.01(3), who has entered
 1340  into a contract with a governmental entity; or
 1341         (b) Any officer or employee of a person, as defined in s.
 1342  1.01(3), who has entered into a contract with a governmental
 1343  entity.
 1344         (7)(6) “Public servant” means:
 1345         (a) Any officer or employee of a governmental state,
 1346  county, municipal, or special district agency or entity,;
 1347  including
 1348         (b) any executive, legislative, or judicial branch officer
 1349  or employee;
 1350         (b)(c) Any person, except a witness, who acts as a general
 1351  or special magistrate, receiver, auditor, arbitrator, umpire,
 1352  referee, consultant, or hearing officer while performing a
 1353  governmental function; or
 1354         (c)(d) A candidate for election or appointment to any of
 1355  the officer positions listed in this subsection, or an
 1356  individual who has been elected to, but has yet to officially
 1357  assume the responsibilities of, public office.
 1358         Section 31. Subsection (1) of section 838.015, Florida
 1359  Statutes, is amended to read:
 1360         838.015 Bribery.—
 1361         (1) “Bribery” means corruptly to knowingly and
 1362  intentionally give, offer, or promise to any public servant, or,
 1363  if a public servant, corruptly to knowingly and intentionally
 1364  request, solicit, accept, or agree to accept for himself or
 1365  herself or another, any pecuniary or other benefit not
 1366  authorized by law with an intent or purpose to influence the
 1367  performance of any act or omission which the person believes to
 1368  be, or the public servant represents as being, within the
 1369  official discretion of a public servant, in violation of a
 1370  public duty, or in performance of a public duty.
 1371         Section 32. Subsections (1) and (2) of section 838.016,
 1372  Florida Statutes, are amended to read:
 1373         838.016 Unlawful compensation or reward for official
 1374  behavior.—
 1375         (1) It is unlawful for any person corruptly to knowingly
 1376  and intentionally give, offer, or promise to any public servant,
 1377  or, if a public servant, corruptly to knowingly and
 1378  intentionally request, solicit, accept, or agree to accept, any
 1379  pecuniary or other benefit not authorized by law, for the past,
 1380  present, or future performance, nonperformance, or violation of
 1381  any act or omission which the person believes to have been, or
 1382  the public servant represents as having been, either within the
 1383  official discretion of the public servant, in violation of a
 1384  public duty, or in performance of a public duty. This section
 1385  does not Nothing herein shall be construed to preclude a public
 1386  servant from accepting rewards for services performed in
 1387  apprehending any criminal.
 1388         (2) It is unlawful for any person corruptly to knowingly
 1389  and intentionally give, offer, or promise to any public servant,
 1390  or, if a public servant, corruptly to knowingly and
 1391  intentionally request, solicit, accept, or agree to accept, any
 1392  pecuniary or other benefit not authorized by law for the past,
 1393  present, or future exertion of any influence upon or with any
 1394  other public servant regarding any act or omission which the
 1395  person believes to have been, or which is represented to him or
 1396  her as having been, either within the official discretion of the
 1397  other public servant, in violation of a public duty, or in
 1398  performance of a public duty.
 1399         Section 33. Subsection (1) of section 838.022, Florida
 1400  Statutes, is amended, and subsection (2) of that section is
 1401  republished, to read:
 1402         838.022 Official misconduct.—
 1403         (1) It is unlawful for a public servant or public
 1404  contractor, with corrupt intent to knowingly and intentionally
 1405  obtain a benefit for any person or to cause unlawful harm to
 1406  another, by to:
 1407         (a) Falsifying Falsify, or causing cause another person to
 1408  falsify, any official record or official document;
 1409         (b) Concealing, covering up, destroying, mutilating, or
 1410  altering Conceal, cover up, destroy, mutilate, or alter any
 1411  official record or official document, except as authorized by
 1412  law or contract, or causing cause another person to perform such
 1413  an act; or
 1414         (c) Obstructing, delaying, or preventing Obstruct, delay,
 1415  or prevent the communication of information relating to the
 1416  commission of a felony that directly involves or affects the
 1417  government public agency or public entity served by the public
 1418  servant or public contractor.
 1419         (2) For the purposes of this section:
 1420         (a) The term “public servant” does not include a candidate
 1421  who does not otherwise qualify as a public servant.
 1422         (b) An official record or official document includes only
 1423  public records.
 1424         Section 34. Section 838.22, Florida Statutes, is amended to
 1425  read:
 1426         838.22 Bid tampering.—
 1427         (1) It is unlawful for a public servant or a public
 1428  contractor who has contracted with a governmental entity to
 1429  assist in a competitive procurement, with corrupt intent to
 1430  knowingly and intentionally influence or attempt to influence
 1431  the competitive solicitation bidding process undertaken by any
 1432  governmental state, county, municipal, or special district
 1433  agency, or any other public entity, for the procurement of
 1434  commodities or services, by to:
 1435         (a) Disclosing, except as authorized by law, Disclose
 1436  material information concerning a vendor’s response, any
 1437  evaluation results, bid or other aspects of the competitive
 1438  solicitation bidding process when such information is not
 1439  publicly disclosed.
 1440         (b) Altering or amending Alter or amend a submitted
 1441  response bid, documents or other materials supporting a
 1442  submitted response bid, or any evaluation bid results relating
 1443  to the competitive solicitation for the purpose of intentionally
 1444  providing a competitive advantage to any person who submits a
 1445  response bid.
 1446         (2) It is unlawful for a public servant or a public
 1447  contractor who has contracted with a governmental entity to
 1448  assist in a competitive procurement, with corrupt intent to
 1449  knowingly and intentionally obtain a benefit for any person or
 1450  to cause unlawful harm to another by circumventing, to
 1451  circumvent a competitive solicitation bidding process required
 1452  by law or rule through the use of by using a sole-source
 1453  contract for commodities or services.
 1454         (3) It is unlawful for any person to knowingly agree,
 1455  conspire, combine, or confederate, directly or indirectly, with
 1456  a public servant or a public contractor who has contracted with
 1457  a governmental entity to assist in a competitive procurement to
 1458  violate subsection (1) or subsection (2).
 1459         (4) It is unlawful for any person to knowingly enter into a
 1460  contract for commodities or services which was secured by a
 1461  public servant or a public contractor who has contracted with a
 1462  governmental entity to assist in a competitive procurement
 1463  acting in violation of subsection (1) or subsection (2).
 1464         (5) Any person who violates this section commits a felony
 1465  of the second degree, punishable as provided in s. 775.082, s.
 1466  775.083, or s. 775.084.
 1467         Section 35. Present subsections (6) through (10) of section
 1468  1002.37, Florida Statutes, are redesignated as subsections (7)
 1469  through (11), respectively, a new subsection (6) is added to
 1470  that section, and present subsections (6) and (11) of that
 1471  section are amended, to read:
 1472         1002.37 The Florida Virtual School.—
 1473         (6) The Florida Virtual School shall have an annual
 1474  financial audit of its accounts and records conducted by an
 1475  independent auditor who is a certified public accountant
 1476  licensed under chapter 473. The independent auditor shall
 1477  conduct the audit in accordance with rules adopted by the
 1478  Auditor General pursuant to s. 11.45 and, upon completion of the
 1479  audit, shall prepare an audit report in accordance with such
 1480  rules. The audit report must include a written statement of the
 1481  board of trustees describing corrective action to be taken in
 1482  response to each of the recommendations of the independent
 1483  auditor included in the audit report. The independent auditor
 1484  shall submit the audit report to the board of trustees and the
 1485  Auditor General no later than 9 months after the end of the
 1486  preceding fiscal year.
 1487         (7)(6) The board of trustees shall annually submit to the
 1488  Governor, the Legislature, the Commissioner of Education, and
 1489  the State Board of Education the audit report prepared pursuant
 1490  to subsection (6) and a complete and detailed report setting
 1491  forth:
 1492         (a) The operations and accomplishments of the Florida
 1493  Virtual School within the state and those occurring outside the
 1494  state as Florida Virtual School Global.
 1495         (b) The marketing and operational plan for the Florida
 1496  Virtual School and Florida Virtual School Global, including
 1497  recommendations regarding methods for improving the delivery of
 1498  education through the Internet and other distance learning
 1499  technology.
 1500         (c) The assets and liabilities of the Florida Virtual
 1501  School and Florida Virtual School Global at the end of the
 1502  fiscal year.
 1503         (d) A copy of an annual financial audit of the accounts and
 1504  records of the Florida Virtual School and Florida Virtual School
 1505  Global, conducted by an independent certified public accountant
 1506  and performed in accordance with rules adopted by the Auditor
 1507  General.
 1508         (e) Recommendations regarding the unit cost of providing
 1509  services to students through the Florida Virtual School and
 1510  Florida Virtual School Global. In order to most effectively
 1511  develop public policy regarding any future funding of the
 1512  Florida Virtual School, it is imperative that the cost of the
 1513  program is accurately identified. The identified cost of the
 1514  program must be based on reliable data.
 1515         (e)(f) Recommendations regarding an accountability
 1516  mechanism to assess the effectiveness of the services provided
 1517  by the Florida Virtual School and Florida Virtual School Global.
 1518         (11) The Auditor General shall conduct an operational audit
 1519  of the Florida Virtual School, including Florida Virtual School
 1520  Global. The scope of the audit shall include, but not be limited
 1521  to, the administration of responsibilities relating to
 1522  personnel; procurement and contracting; revenue production;
 1523  school funds, including internal funds; student enrollment
 1524  records; franchise agreements; information technology
 1525  utilization, assets, and security; performance measures and
 1526  standards; and accountability. The final report on the audit
 1527  shall be submitted to the President of the Senate and the
 1528  Speaker of the House of Representatives no later than January
 1529  31, 2014.
 1530         Section 36. Subsection (5) is added to section 1010.01,
 1531  Florida Statutes, to read:
 1532         1010.01 Uniform records and accounts.—
 1533         (5) Each school district, Florida College System
 1534  institution, and state university shall establish and maintain
 1535  internal controls designed to:
 1536         (a) Prevent and detect fraud, waste, and abuse.
 1537         (b) Promote and encourage compliance with applicable laws,
 1538  rules, contracts, grant agreements, and best practices.
 1539         (c) Support economical and efficient operations.
 1540         (d) Ensure reliability of financial records and reports.
 1541         (e) Safeguard assets.
 1542         Section 37. Subsection (2) of section 1010.30, Florida
 1543  Statutes, is amended to read:
 1544         1010.30 Audits required.—
 1545         (2) If a school district, Florida College System
 1546  institution, or university audit report includes a
 1547  recommendation that was included in the preceding financial
 1548  audit report but remains unaddressed, an audit contains a
 1549  significant finding, the district school board, the Florida
 1550  College System institution board of trustees, or the university
 1551  board of trustees, within 60 days after the delivery of the
 1552  audit report to the school district, Florida College System
 1553  institution, or university, shall indicate conduct an audit
 1554  overview during a regularly scheduled public meeting whether it
 1555  intends to take corrective action, the intended corrective
 1556  action, and the timeframe for the corrective action. If the
 1557  district school board, Florida College System institution board
 1558  of trustees, or university board of trustees indicates that it
 1559  does not intend to take corrective action, it shall explain its
 1560  decision at the public meeting.
 1561         Section 38. Subsection (4) of section 11.0455, Florida
 1562  Statutes, is amended to read:
 1563         11.0455 Electronic filing of compensation reports and other
 1564  information.—
 1565         (4) Each report filed pursuant to this section is deemed to
 1566  meet the certification requirements of s. 11.045(3)(a)4., and as
 1567  such subjects the person responsible for filing and the lobbying
 1568  firm to the provisions of s. 11.045(8) and (9) s. 11.045(7) and
 1569  (8). Persons given a secure sign-on to the electronic filing
 1570  system are responsible for protecting it from disclosure and are
 1571  responsible for all filings using such credentials, unless they
 1572  have notified the office that their credentials have been
 1573  compromised.
 1574         Section 39. Subsection (2) of section 68.082, Florida
 1575  Statutes, is amended to read:
 1576         68.082 False claims against the state; definitions;
 1577  liability.—
 1578         (2) Any person who:
 1579         (a) Knowingly presents or causes to be presented a false or
 1580  fraudulent claim for payment or approval;
 1581         (b) Knowingly authorizes, approves, or receives payment of
 1582  prohibited compensation in violation of s. 215.425;
 1583         (c)(b) Knowingly makes, uses, or causes to be made or used
 1584  a false record or statement material to a false or fraudulent
 1585  claim;
 1586         (d)(c) Conspires to commit a violation of this subsection;
 1587         (e)(d) Has possession, custody, or control of property or
 1588  money used or to be used by the state and knowingly delivers or
 1589  causes to be delivered less than all of that money or property;
 1590         (f)(e) Is authorized to make or deliver a document
 1591  certifying receipt of property used or to be used by the state
 1592  and, intending to defraud the state, makes or delivers the
 1593  receipt without knowing that the information on the receipt is
 1594  true;
 1595         (g)(f) Knowingly buys or receives, as a pledge of an
 1596  obligation or a debt, public property from an officer or
 1597  employee of the state who may not sell or pledge the property;
 1598  or
 1599         (h)(g) Knowingly makes, uses, or causes to be made or used
 1600  a false record or statement material to an obligation to pay or
 1601  transmit money or property to the state, or knowingly conceals
 1602  or knowingly and improperly avoids or decreases an obligation to
 1603  pay or transmit money or property to the state
 1604  
 1605  is liable to the state for a civil penalty of not less than
 1606  $5,500 and not more than $11,000 and for treble the amount of
 1607  damages the state sustains because of the act of that person.
 1608         Section 40. Subsection (1) of section 68.083, Florida
 1609  Statutes, is amended to read:
 1610         68.083 Civil actions for false claims.—
 1611         (1) The department may diligently investigate a violation
 1612  under s. 68.082. If the department finds that a person has
 1613  violated or is violating s. 68.082, the department may bring a
 1614  civil action under the Florida False Claims Act against the
 1615  person. The Department of Financial Services may bring a civil
 1616  action under this section if the action arises from an
 1617  investigation by that department and the Department of Legal
 1618  Affairs has not filed an action under this act. For a violation
 1619  of s. 68.082 regarding prohibited compensation paid from state
 1620  funds, the Department of Financial Services may bring a civil
 1621  action under this section if the action arises from an
 1622  investigation by that department concerning a violation of s.
 1623  215.425 by the state and the Department of Legal Affairs has not
 1624  filed an action under this act.
 1625         Section 41. Subsection (5) of section 99.061, Florida
 1626  Statutes, is amended to read:
 1627         99.061 Method of qualifying for nomination or election to
 1628  federal, state, county, or district office.—
 1629         (5) At the time of qualifying for office, each candidate
 1630  for a constitutional office or an elected municipal office shall
 1631  file a full and public disclosure of financial interests
 1632  pursuant to s. 8, Art. II of the State Constitution, which must
 1633  be verified under oath or affirmation pursuant to s.
 1634  92.525(1)(a), and a candidate for any other office, including
 1635  local elective office, shall file a statement of financial
 1636  interests pursuant to s. 112.3145.
 1637         Section 42. Subsection (3) of section 218.503, Florida
 1638  Statutes, is amended to read:
 1639         218.503 Determination of financial emergency.—
 1640         (3) Upon notification that one or more of the conditions in
 1641  subsection (1) have occurred or will occur if action is not
 1642  taken to assist the local governmental entity or district school
 1643  board, the Governor or his or her designee shall contact the
 1644  local governmental entity or the Commissioner of Education or
 1645  his or her designee shall contact the district school board, as
 1646  appropriate, to determine what actions have been taken by the
 1647  local governmental entity or the district school board to
 1648  resolve or prevent the condition. The information requested must
 1649  be provided within 45 days after the date of the request. If the
 1650  local governmental entity or the district school board does not
 1651  comply with the request, the Governor or his or her designee or
 1652  the Commissioner of Education or his or her designee shall
 1653  notify the members of the Legislative Auditing Committee, which
 1654  who may take action pursuant to s. 11.40(2) s. 11.40. The
 1655  Governor or the Commissioner of Education, as appropriate, shall
 1656  determine whether the local governmental entity or the district
 1657  school board needs state assistance to resolve or prevent the
 1658  condition. If state assistance is needed, the local governmental
 1659  entity or district school board is considered to be in a state
 1660  of financial emergency. The Governor or the Commissioner of
 1661  Education, as appropriate, has the authority to implement
 1662  measures as set forth in ss. 218.50-218.504 to assist the local
 1663  governmental entity or district school board in resolving the
 1664  financial emergency. Such measures may include, but are not
 1665  limited to:
 1666         (a) Requiring approval of the local governmental entity’s
 1667  budget by the Governor or approval of the district school
 1668  board’s budget by the Commissioner of Education.
 1669         (b) Authorizing a state loan to a local governmental entity
 1670  and providing for repayment of same.
 1671         (c) Prohibiting a local governmental entity or district
 1672  school board from issuing bonds, notes, certificates of
 1673  indebtedness, or any other form of debt until such time as it is
 1674  no longer subject to this section.
 1675         (d) Making such inspections and reviews of records,
 1676  information, reports, and assets of the local governmental
 1677  entity or district school board as are needed. The appropriate
 1678  local officials shall cooperate in such inspections and reviews.
 1679         (e) Consulting with officials and auditors of the local
 1680  governmental entity or the district school board and the
 1681  appropriate state officials regarding any steps necessary to
 1682  bring the books of account, accounting systems, financial
 1683  procedures, and reports into compliance with state requirements.
 1684         (f) Providing technical assistance to the local
 1685  governmental entity or the district school board.
 1686         (g)1. Establishing a financial emergency board to oversee
 1687  the activities of the local governmental entity or the district
 1688  school board. If a financial emergency board is established for
 1689  a local governmental entity, the Governor shall appoint board
 1690  members and select a chair. If a financial emergency board is
 1691  established for a district school board, the State Board of
 1692  Education shall appoint board members and select a chair. The
 1693  financial emergency board shall adopt such rules as are
 1694  necessary for conducting board business. The board may:
 1695         a. Make such reviews of records, reports, and assets of the
 1696  local governmental entity or the district school board as are
 1697  needed.
 1698         b. Consult with officials and auditors of the local
 1699  governmental entity or the district school board and the
 1700  appropriate state officials regarding any steps necessary to
 1701  bring the books of account, accounting systems, financial
 1702  procedures, and reports of the local governmental entity or the
 1703  district school board into compliance with state requirements.
 1704         c. Review the operations, management, efficiency,
 1705  productivity, and financing of functions and operations of the
 1706  local governmental entity or the district school board.
 1707         d. Consult with other governmental entities for the
 1708  consolidation of all administrative direction and support
 1709  services, including, but not limited to, services for asset
 1710  sales, economic and community development, building inspections,
 1711  parks and recreation, facilities management, engineering and
 1712  construction, insurance coverage, risk management, planning and
 1713  zoning, information systems, fleet management, and purchasing.
 1714         2. The recommendations and reports made by the financial
 1715  emergency board must be submitted to the Governor for local
 1716  governmental entities or to the Commissioner of Education and
 1717  the State Board of Education for district school boards for
 1718  appropriate action.
 1719         (h) Requiring and approving a plan, to be prepared by
 1720  officials of the local governmental entity or the district
 1721  school board in consultation with the appropriate state
 1722  officials, prescribing actions that will cause the local
 1723  governmental entity or district school board to no longer be
 1724  subject to this section. The plan must include, but need not be
 1725  limited to:
 1726         1. Provision for payment in full of obligations outlined in
 1727  subsection (1), designated as priority items, which are
 1728  currently due or will come due.
 1729         2. Establishment of priority budgeting or zero-based
 1730  budgeting in order to eliminate items that are not affordable.
 1731         3. The prohibition of a level of operations which can be
 1732  sustained only with nonrecurring revenues.
 1733         4. Provisions implementing the consolidation, sourcing, or
 1734  discontinuance of all administrative direction and support
 1735  services, including, but not limited to, services for asset
 1736  sales, economic and community development, building inspections,
 1737  parks and recreation, facilities management, engineering and
 1738  construction, insurance coverage, risk management, planning and
 1739  zoning, information systems, fleet management, and purchasing.
 1740         Section 43. Subsection (2) of section 1002.455, Florida
 1741  Statutes, is amended to read:
 1742         1002.455 Student eligibility for K-12 virtual instruction.—
 1743         (2) A student is eligible to participate in virtual
 1744  instruction if:
 1745         (a) The student spent the prior school year in attendance
 1746  at a public school in the state and was enrolled and reported by
 1747  the school district for funding during October and February for
 1748  purposes of the Florida Education Finance Program surveys;
 1749         (b) The student is a dependent child of a member of the
 1750  United States Armed Forces who was transferred within the last
 1751  12 months to this state from another state or from a foreign
 1752  country pursuant to a permanent change of station order;
 1753         (c) The student was enrolled during the prior school year
 1754  in a virtual instruction program under s. 1002.45 or a full-time
 1755  Florida Virtual School program under s. 1002.37(9)(a) s.
 1756  1002.37(8)(a);
 1757         (d) The student has a sibling who is currently enrolled in
 1758  a virtual instruction program and the sibling was enrolled in
 1759  that program at the end of the prior school year;
 1760         (e) The student is eligible to enter kindergarten or first
 1761  grade; or
 1762         (f) The student is eligible to enter grades 2 through 5 and
 1763  is enrolled full-time in a school district virtual instruction
 1764  program, virtual charter school, or the Florida Virtual School.
 1765         Section 44. For the purpose of incorporating the amendment
 1766  made by this act to section 838.022, Florida Statutes, in a
 1767  reference thereto, paragraph (a) of subsection (2) of section
 1768  112.534, Florida Statutes, is reenacted to read:
 1769         112.534 Failure to comply; official misconduct.—
 1770         (2)(a) All the provisions of s. 838.022 shall apply to this
 1771  part.
 1772         Section 45. For the purpose of incorporating the amendment
 1773  made by this act to section 838.022, Florida Statutes, in a
 1774  reference thereto, paragraph (d) of subsection (4) of section
 1775  117.01, Florida Statutes, is reenacted to read:
 1776         117.01 Appointment, application, suspension, revocation,
 1777  application fee, bond, and oath.—
 1778         (4) The Governor may suspend a notary public for any of the
 1779  grounds provided in s. 7, Art. IV of the State Constitution.
 1780  Grounds constituting malfeasance, misfeasance, or neglect of
 1781  duty include, but are not limited to, the following:
 1782         (d) Official misconduct as defined in s. 838.022.
 1783         Section 46. For the purpose of incorporating the amendment
 1784  made by this act to section 838.014, Florida Statutes, in a
 1785  reference thereto, subsection (11) of section 817.568, Florida
 1786  Statutes, is reenacted to read:
 1787         817.568 Criminal use of personal identification
 1788  information.—
 1789         (11) A person who willfully and without authorization
 1790  fraudulently uses personal identification information concerning
 1791  an individual who is 60 years of age or older; a disabled adult
 1792  as defined in s. 825.101; a public servant as defined in s.
 1793  838.014; a veteran as defined in s. 1.01; a first responder as
 1794  defined in s. 125.01045; an individual who is employed by the
 1795  State of Florida; or an individual who is employed by the
 1796  Federal Government without first obtaining the consent of that
 1797  individual commits a felony of the second degree, punishable as
 1798  provided in s. 775.082, s. 775.083, or s. 775.084.
 1799         Section 47. For the purpose of incorporating the amendments
 1800  made by this act to sections 838.015, 838.016, and 838.22,
 1801  Florida Statutes, in references thereto, paragraph (g) of
 1802  subsection (3) of section 921.0022, Florida Statutes, is
 1803  reenacted to read:
 1804         921.0022 Criminal Punishment Code; offense severity ranking
 1805  chart.—
 1806         (3) OFFENSE SEVERITY RANKING CHART
 1807         (g) LEVEL 7
 1808  
 1809  
 1810  FloridaStatute    FelonyDegree           Description            
 1811  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
 1812  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
 1813  316.1935(3)(b)       1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1814  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
 1815  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1816  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
 1817  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 1818  456.065(2)           3rd   Practicing a health care profession without a license.
 1819  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
 1820  458.327(1)           3rd   Practicing medicine without a license.
 1821  459.013(1)           3rd   Practicing osteopathic medicine without a license.
 1822  460.411(1)           3rd   Practicing chiropractic medicine without a license.
 1823  461.012(1)           3rd   Practicing podiatric medicine without a license.
 1824  462.17               3rd   Practicing naturopathy without a license.
 1825  463.015(1)           3rd   Practicing optometry without a license.
 1826  464.016(1)           3rd   Practicing nursing without a license.
 1827  465.015(2)           3rd   Practicing pharmacy without a license.
 1828  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
 1829  467.201              3rd   Practicing midwifery without a license.
 1830  468.366              3rd   Delivering respiratory care services without a license.
 1831  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
 1832  483.901(9)           3rd   Practicing medical physics without a license.
 1833  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
 1834  484.053              3rd   Dispensing hearing aids without a license.
 1835  494.0018(2)          1st   Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 1836  560.123(8)(b)1.      3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 1837  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1838  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1839  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 1840  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
 1841  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1842  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1843  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1844  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1845  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1846  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1847  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
 1848  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
 1849  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
 1850  784.048(7)           3rd   Aggravated stalking; violation of court order.
 1851  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
 1852  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
 1853  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
 1854  784.081(1)           1st   Aggravated battery on specified official or employee.
 1855  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
 1856  784.083(1)           1st   Aggravated battery on code inspector.
 1857  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
 1858  787.06(3)(e)2.       1st   Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 1859  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1860  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
 1861  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
 1862  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1863  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1864  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1865  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1866  794.08(4)            3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 1867  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
 1868  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
 1869  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 1870  800.04(5)(c)2.       2nd   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 1871  800.04(5)(e)         1st   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 1872  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
 1873  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 1874  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1875  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 1876  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
 1877  812.014(2)(a)1.      1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 1878  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1879  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 1880  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 1881  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
 1882  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1883  812.131(2)(a)        2nd   Robbery by sudden snatching.      
 1884  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
 1885  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
 1886  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 1887  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 1888  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
 1889  817.2341(2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 1890  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
 1891  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1892  825.103(3)(b)        2nd   Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 1893  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 1894  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 1895  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
 1896  838.015              2nd   Bribery.                          
 1897  838.016              2nd   Unlawful compensation or reward for official behavior.
 1898  838.021(3)(a)        2nd   Unlawful harm to a public servant.
 1899  838.22               2nd   Bid tampering.                    
 1900  843.0855(2)          3rd   Impersonation of a public officer or employee.
 1901  843.0855(3)          3rd   Unlawful simulation of legal process.
 1902  843.0855(4)          3rd   Intimidation of a public officer or employee.
 1903  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1904  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
 1905  872.06               2nd   Abuse of a dead human body.       
 1906  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1907  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1908  893.13(1)(c)1.       1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 1909  893.13(1)(e)1.       1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 1910  893.13(4)(a)         1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1911  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1912  893.135(1)(b)1.a.     1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1913  893.135(1)(c)1.a.     1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1914  893.135(1)(c)2.a.     1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 1915  893.135(1)(c)2.b.     1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 1916  893.135(1)(c)3.a.     1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 1917  893.135(1)(c)3.b.     1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 1918  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1919  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1920  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1921  893.135(1)(g)1.a.     1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1922  893.135(1)(h)1.a.     1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1923  893.135(1)(j)1.a.     1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1924  893.135(1)(k)2.a.     1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1925  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 1926  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 1927  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1928  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1929  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1930  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
 1931  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1932  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1933  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
 1934  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1935  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1936  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1937  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1938  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1939  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1940  
 1941         Section 48. For the purpose of incorporating the amendment
 1942  made by this act to section 838.022, Florida Statutes, in a
 1943  reference thereto, paragraph (d) of subsection (3) of section
 1944  921.0022, Florida Statutes, is reenacted to read:
 1945         921.0022 Criminal Punishment Code; offense severity ranking
 1946  chart.—
 1947         (3) OFFENSE SEVERITY RANKING CHART
 1948         (d) LEVEL 4
 1949  
 1950  
 1951  FloridaStatute    FelonyDegree           Description            
 1952  316.1935(3)(a)       2nd   Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 1953  499.0051(1)          3rd   Failure to maintain or deliver pedigree papers.
 1954  499.0051(2)          3rd   Failure to authenticate pedigree papers.
 1955  499.0051(6)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 1956  517.07(1)            3rd   Failure to register securities.   
 1957  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
 1958  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
 1959  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
 1960  784.075              3rd   Battery on detention or commitment facility staff.
 1961  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 1962  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
 1963  784.081(3)           3rd   Battery on specified official or employee.
 1964  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
 1965  784.083(3)           3rd   Battery on code inspector.        
 1966  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 1967  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
 1968  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 1969  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 1970  787.07               3rd   Human smuggling.                  
 1971  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
 1972  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
 1973  790.115(2)(c)        3rd   Possessing firearm on school property.
 1974  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
 1975  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 1976  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 1977  810.06               3rd   Burglary; possession of tools.    
 1978  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
 1979  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
 1980  812.014(2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 1981  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
 1982  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 1983  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
 1984  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
 1985  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 1986  837.02(1)            3rd   Perjury in official proceedings.  
 1987  837.021(1)           3rd   Make contradictory statements in official proceedings.
 1988  838.022              3rd   Official misconduct.              
 1989  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
 1990  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
 1991  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
 1992  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 1993  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
 1994  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
 1995  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
 1996  893.13(2)(a)1.       2nd   Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
 1997  914.14(2)            3rd   Witnesses accepting bribes.       
 1998  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
 1999  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
 2000  918.12               3rd   Tampering with jurors.            
 2001  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
 2002  
 2003         Section 49. As provided in s. 112.322(3), Florida Statutes,
 2004  the Commission on Ethics is authorized to render advisory
 2005  opinions to any public officer, candidate for public office, or
 2006  public employee regarding the application of part III of chapter
 2007  112, Florida Statutes, including the amendments made by this
 2008  act.
 2009         Section 50. The Legislature finds that a proper and
 2010  legitimate state purpose is served when internal controls are
 2011  established to prevent and detect fraud, waste, and abuse and to
 2012  safeguard and account for government funds and property.
 2013  Therefore, the Legislature determines and declares that this act
 2014  fulfills an important state interest.
 2015         Section 51. This act shall take effect October 1, 2016.
 2016  
 2017  ================= T I T L E  A M E N D M E N T ================
 2018  And the title is amended as follows:
 2019         Delete everything before the enacting clause
 2020  and insert:
 2021                        A bill to be entitled                      
 2022         An act relating to government accountability; amending
 2023         s. 11.045, F.S.; defining terms; requiring each house
 2024         of the Legislature to provide by rule reporting
 2025         requirements regarding lobbying firm’s lobbying
 2026         activities; specifying requirements regarding the
 2027         content of reports and filing deadlines; requiring
 2028         each house of the Legislature to establish procedures
 2029         applicable to untimely filing of reports by rule;
 2030         providing fines for late filing of reports; amending
 2031         s. 11.40, F.S.; specifying that the Governor, the
 2032         Commissioner of Education, or the designee of the
 2033         Governor or of the Commissioner of Education may
 2034         notify the Legislative Auditing Committee of an
 2035         entity’s failure to comply with certain auditing and
 2036         financial reporting requirements; amending s. 11.45,
 2037         F.S.; defining the terms “abuse,” “fraud,” and
 2038         “waste”; revising the definition of the term “local
 2039         governmental entity”; excluding water management
 2040         districts from certain audit requirements; removing a
 2041         cross-reference; authorizing the Auditor General to
 2042         conduct audits of tourist development councils and
 2043         county tourism promotion agencies; revising reporting
 2044         requirements applicable to the Auditor General;
 2045         creating s. 20.602, F.S.; specifying the applicability
 2046         of certain provisions of the Code of Ethics for Public
 2047         Officers and Employees to officers and board members
 2048         of corporate entities associated with the Department
 2049         of Economic Opportunity; prohibiting such officers and
 2050         board members from representing a person or an entity
 2051         for compensation before certain bodies for a specified
 2052         timeframe; providing for construction; amending s.
 2053         28.35, F.S.; revising reporting requirements
 2054         applicable to the Florida Clerks of Court Operations
 2055         Corporation; amending s. 43.16, F.S.; revising the
 2056         responsibilities of the Justice Administrative
 2057         Commission, each state attorney, each public defender,
 2058         a criminal conflict and civil regional counsel, a
 2059         capital collateral regional counsel, and the Guardian
 2060         Ad Litem Program, to include the establishment and
 2061         maintenance of certain internal controls; creating s.
 2062         112.3126, F.S.; defining the term “private entity”;
 2063         prohibiting a member of the Legislature or a candidate
 2064         for legislative office from accepting employment with
 2065         a private entity that directly receives funding
 2066         through state revenues under certain circumstances;
 2067         authorizing employment with a private entity if
 2068         certain conditions are met; amending s. 112.313, F.S.;
 2069         specifying that prohibitions on conflicting employment
 2070         or contractual relationships for public officers or
 2071         employees of an agency apply to contractual
 2072         relationships held by certain business entities;
 2073         amending s. 112.3144, F.S.; requiring elected
 2074         municipal officers to file a full and public
 2075         disclosure of financial interests, rather than a
 2076         statement of financial interests; providing for
 2077         applicability; amending s. 112.31455, F.S.; revising
 2078         provisions governing collection methods for unpaid
 2079         automatic fines for failure to timely file disclosure
 2080         of financial interests to include school districts;
 2081         amending s. 112.3215, F.S.; requiring a lobbying firm
 2082         to file a report with the Commission on Ethics
 2083         disclosing whether the firm lobbied the Governor to
 2084         approve or veto a bill or an appropriation; requiring
 2085         the commission to establish procedures applicable to
 2086         untimely filing of reports by rule; providing fines
 2087         for late filing of reports; conforming provisions to
 2088         changes made by the act; amending s. 112.3261, F.S.;
 2089         revising terms to conform to changes made by the act;
 2090         expanding the types of governmental entities that are
 2091         subject to lobbyist registration requirements;
 2092         requiring a governmental entity to create a lobbyist
 2093         registration form; amending ss. 129.03, 129.06,
 2094         166.241, and 189.016, F.S.; requiring counties,
 2095         municipalities, and special districts to maintain
 2096         certain budget documents on the entities’ websites for
 2097         a specified period; amending s. 215.425, F.S.;
 2098         defining the term “public funds”; revising exceptions
 2099         to the prohibition on extra compensation claims;
 2100         requiring certain contracts to which a unit of
 2101         government or state university is a party during a
 2102         specified period to contain certain prohibitions on
 2103         severance pay; requiring a unit of government to
 2104         investigate and take necessary action to recover
 2105         prohibited compensation; specifying methods of
 2106         recovery for unintentional and willful violations;
 2107         providing a penalty; specifying applicability of
 2108         procedures regarding suspension and removal of an
 2109         officer who commits a willful violation; establishing
 2110         eligibility criteria and amounts for rewards;
 2111         specifying circumstances under which an employee has a
 2112         cause of action under the Whistle-blower’s Act;
 2113         establishing causes of action if a unit of government
 2114         fails to recover prohibited compensation within a
 2115         certain timeframe; providing for applicability;
 2116         amending s. 215.86, F.S.; revising the purposes for
 2117         which management systems and internal controls must be
 2118         established and maintained by each state agency and
 2119         the judicial branch; amending s. 215.97, F.S.;
 2120         revising the definition of the term “audit threshold”;
 2121         amending s. 215.985, F.S.; revising the requirements
 2122         for a monthly financial statement provided by a water
 2123         management district; amending s. 218.32, F.S.;
 2124         revising the requirements of the annual financial
 2125         audit report of a local governmental entity;
 2126         authorizing the Department of Financial Services to
 2127         request additional information from a local
 2128         governmental entity; requiring a local governmental
 2129         entity to respond to such requests within a specified
 2130         timeframe; requiring the department to notify the
 2131         Legislative Auditing Committee of noncompliance;
 2132         amending s. 218.33, F.S.; requiring local governmental
 2133         entities to establish and maintain internal controls
 2134         to achieve specified purposes; amending s. 218.39,
 2135         F.S.; requiring an audited entity to respond to audit
 2136         recommendations under specified circumstances;
 2137         amending s. 218.391, F.S.; revising the composition of
 2138         an audit committee; prohibiting an audit committee
 2139         member from being an employee, a chief executive
 2140         officer, or a chief financial officer of the
 2141         respective governmental entity; requiring the chair of
 2142         an audit committee to sign and execute an affidavit
 2143         affirming compliance with auditor selection
 2144         procedures; prescribing procedures in the event of
 2145         noncompliance with auditor selection procedures;
 2146         amending s. 286.0114, F.S.; prohibiting a board or
 2147         commission from requiring an advance copy of testimony
 2148         or comments from a member of the public as a
 2149         precondition to be given the opportunity to be heard
 2150         at a public meeting; amending s. 288.92, F.S.;
 2151         prohibiting specified officers and board members of
 2152         Enterprise Florida, Inc., from representing a person
 2153         or entity for compensation before Enterprise Florida,
 2154         Inc., and associated entities thereof, for a specified
 2155         timeframe; amending s. 288.9604, F.S.; prohibiting a
 2156         director of the Florida Development Finance
 2157         Corporation from representing a person or an entity
 2158         for compensation before the corporation for a
 2159         specified timeframe; amending s. 373.536, F.S.;
 2160         deleting obsolete language; requiring water management
 2161         districts to maintain certain budget documents on the
 2162         districts’ websites for a specified period; amending
 2163         s. 838.014, F.S.; revising and providing definitions;
 2164         amending s. 838.015, F.S.; revising the definition of
 2165         the term “bribery”; revising requirements for
 2166         prosecution; amending s. 838.016, F.S.; revising the
 2167         prohibition against unlawful compensation or reward
 2168         for official behavior to conform to changes made by
 2169         the act; amending s. 838.022, F.S.; revising the
 2170         prohibition against official misconduct to conform to
 2171         changes made by the act; revising applicability of the
 2172         offense to include public contractors; amending s.
 2173         838.22, F.S.; revising the prohibition against bid
 2174         tampering to conform to changes made by the act;
 2175         revising applicability of the offense to include
 2176         specified public contractors; amending s. 1002.37,
 2177         F.S.; requiring completion of an annual financial
 2178         audit of the Florida Virtual School; specifying audit
 2179         requirements; requiring an audit report to be
 2180         submitted to the board of trustees of the Florida
 2181         Virtual School and the Auditor General; removing
 2182         obsolete provisions; amending s. 1010.01, F.S.;
 2183         requiring each school district, Florida College System
 2184         institution, and state university to establish and
 2185         maintain certain internal controls; amending s.
 2186         1010.30, F.S.; requiring a district school board,
 2187         Florida College System institution board of trustees,
 2188         or university board of trustees to respond to audit
 2189         recommendations under certain circumstances; amending
 2190         ss. 11.0455, 68.082, 68.083, 99.061, 218.503, and
 2191         1002.455, F.S.; conforming provisions and cross
 2192         references to changes made by the act; reenacting s.
 2193         112.534(2)(a), F.S., relating to official misconduct,
 2194         and s. 117.01(4)(d), F.S., relating to appointment,
 2195         application, suspension, revocation, application fee,
 2196         bond, and oath of notaries public, to incorporate the
 2197         amendment made by the act to s. 838.022, F.S., in
 2198         references thereto; reenacting s. 817.568(11), F.S.,
 2199         relating to criminal use of personal identification
 2200         information, to incorporate the amendment made by the
 2201         act to s. 838.014, F.S., in a reference thereto;
 2202         reenacting s. 921.0022(3)(d) and (g), F.S., relating
 2203         to the Criminal Punishment Code offense severity
 2204         ranking chart, to incorporate the amendments made by
 2205         the act to ss. 838.015, 838.016, 838.022, and 838.22,
 2206         F.S., in references thereto; providing for
 2207         applicability; declaring that the act fulfills an
 2208         important state interest; providing an effective date.