Florida Senate - 2016                       CS for CS for SB 686
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Ethics and Elections; and Senator Gaetz
       
       585-03241-16                                           2016686c2
    1                        A bill to be entitled                      
    2         An act relating to government accountability; amending
    3         s. 11.40, F.S.; specifying that the Governor, the
    4         Commissioner of Education, or the designee of the
    5         Governor or of the Commissioner of Education may
    6         notify the Legislative Auditing Committee of an
    7         entity’s failure to comply with certain auditing and
    8         financial reporting requirements; amending s. 11.45,
    9         F.S.; defining the terms “abuse,” “fraud,” and
   10         “waste”; revising the definition of the term “local
   11         governmental entity”; excluding water management
   12         districts from certain audit requirements; removing a
   13         cross-reference; authorizing the Auditor General to
   14         conduct audits of tourist development councils and
   15         county tourism promotion agencies; revising reporting
   16         requirements applicable to the Auditor General;
   17         creating s. 20.602, F.S.; specifying the applicability
   18         of certain provisions of the Code of Ethics for Public
   19         Officers and Employees to officers and board members
   20         of corporate entities associated with the Department
   21         of Economic Opportunity; prohibiting such officers and
   22         board members from representing a person or an entity
   23         for compensation before certain bodies for a specified
   24         timeframe; providing for construction; amending s.
   25         28.35, F.S.; revising reporting requirements
   26         applicable to the Florida Clerks of Court Operations
   27         Corporation; amending s. 43.16, F.S.; revising the
   28         responsibilities of the Justice Administrative
   29         Commission, each state attorney, each public defender,
   30         a criminal conflict and civil regional counsel, a
   31         capital collateral regional counsel, and the Guardian
   32         Ad Litem Program, to include the establishment and
   33         maintenance of certain internal controls; creating s.
   34         112.3126, F.S.; defining the term “private entity”;
   35         prohibiting a member of the Legislature or a candidate
   36         for legislative office from accepting employment with
   37         a private entity that directly receives funding
   38         through state revenues under certain circumstances;
   39         authorizing employment with a private entity if
   40         certain conditions are met; amending s. 112.313, F.S.;
   41         specifying that prohibitions on conflicting employment
   42         or contractual relationships for public officers or
   43         employees of an agency apply to contractual
   44         relationships held by certain business entities;
   45         amending s. 112.3144, F.S.; requiring elected
   46         municipal officers to file a full and public
   47         disclosure of financial interests, rather than a
   48         statement of financial interests; providing for
   49         applicability; amending s. 112.31455, F.S.; revising
   50         provisions governing collection methods for unpaid
   51         automatic fines for failure to timely file disclosure
   52         of financial interests to include school districts;
   53         amending s. 112.3261, F.S.; revising terms to conform
   54         to changes made by the act; expanding the types of
   55         governmental entities that are subject to lobbyist
   56         registration requirements; requiring a governmental
   57         entity to create a lobbyist registration form;
   58         amending ss. 129.03, 129.06, 166.241, and 189.016,
   59         F.S.; requiring counties, municipalities, and special
   60         districts to maintain certain budget documents on the
   61         entities’ websites for a specified period; amending s.
   62         215.425, F.S.; defining the term “public funds”;
   63         revising exceptions to the prohibition on extra
   64         compensation claims; revising minimum requirements for
   65         any policy, ordinance, rule, or resolution designed to
   66         implement a bonus scheme; requiring certain contracts
   67         into which a unit of government or state university
   68         enters to contain certain provisions regarding
   69         severance pay; requiring a unit of government to
   70         investigate and take reasonable action to recover
   71         prohibited compensation; specifying methods of
   72         recovery for unintentional and willful violations;
   73         specifying applicability of procedures regarding
   74         suspension and removal of an officer who commits a
   75         willful violation; specifying circumstances under
   76         which an employee has a cause of action under the
   77         Whistle-blower’s Act; providing for applicability;
   78         amending s. 215.86, F.S.; revising the purposes for
   79         which management systems and internal controls must be
   80         established and maintained by each state agency and
   81         the judicial branch; amending s. 215.97, F.S.;
   82         revising the definition of the term “audit threshold”;
   83         amending s. 215.985, F.S.; revising the requirements
   84         for a monthly financial statement provided by a water
   85         management district; amending s. 218.32, F.S.;
   86         revising the requirements of the annual financial
   87         audit report of a local governmental entity;
   88         authorizing the Department of Financial Services to
   89         request additional information from a local
   90         governmental entity; requiring a local governmental
   91         entity to respond to such requests within a specified
   92         timeframe; requiring the department to notify the
   93         Legislative Auditing Committee of noncompliance;
   94         amending s. 218.33, F.S.; requiring local governmental
   95         entities to establish and maintain internal controls
   96         to achieve specified purposes; amending s. 218.39,
   97         F.S.; requiring an audited entity to respond to audit
   98         recommendations under specified circumstances;
   99         amending s. 218.391, F.S.; revising the composition of
  100         an audit committee; prohibiting an audit committee
  101         member from being an employee, a chief executive
  102         officer, or a chief financial officer of the
  103         respective governmental entity; requiring the chair of
  104         an audit committee to sign and execute an affidavit
  105         affirming compliance with auditor selection
  106         procedures; prescribing procedures in the event of
  107         noncompliance with auditor selection procedures;
  108         amending s. 286.0114, F.S.; prohibiting a board or
  109         commission from requiring an advance copy of testimony
  110         or comments from a member of the public as a
  111         precondition to being given the opportunity to be
  112         heard at a public meeting; amending s. 288.92, F.S.;
  113         prohibiting specified officers and board members of
  114         Enterprise Florida, Inc., from representing a person
  115         or entity for compensation before Enterprise Florida,
  116         Inc., and associated entities thereof, for a specified
  117         timeframe; amending s. 288.9604, F.S.; prohibiting a
  118         director of the Florida Development Finance
  119         Corporation from representing a person or an entity
  120         for compensation before the corporation for a
  121         specified timeframe; amending s. 373.536, F.S.;
  122         deleting obsolete language; requiring water management
  123         districts to maintain certain budget documents on the
  124         districts’ websites for a specified period; amending
  125         s. 838.014, F.S.; revising and providing definitions;
  126         amending s. 838.015, F.S.; revising the definition of
  127         the term “bribery”; revising requirements for
  128         prosecution; amending s. 838.016, F.S.; revising the
  129         prohibition against unlawful compensation or reward
  130         for official behavior to conform to changes made by
  131         the act; amending s. 838.022, F.S.; revising the
  132         prohibition against official misconduct to conform to
  133         changes made by the act; revising applicability of the
  134         offense to include public contractors; amending s.
  135         838.22, F.S.; revising the prohibition against bid
  136         tampering to conform to changes made by the act;
  137         revising applicability of the offense to include
  138         specified public contractors; amending s. 1001.42,
  139         F.S.; authorizing additional internal audits as
  140         directed by the district school board; specifying
  141         duties of the district school board regarding
  142         visitation of schools; amending s. 1002.33, F.S.;
  143         revising the responsibilities of the governing board
  144         of a charter school to include the establishment and
  145         maintenance of internal controls; amending s. 1002.37,
  146         F.S.; requiring completion of an annual financial
  147         audit of the Florida Virtual School; specifying audit
  148         requirements; requiring an audit report to be
  149         submitted to the board of trustees of the Florida
  150         Virtual School and the Auditor General; removing
  151         obsolete provisions; amending s. 1010.01, F.S.;
  152         requiring each school district, Florida College System
  153         institution, and state university to establish and
  154         maintain certain internal controls; amending s.
  155         1010.30, F.S.; requiring a district school board,
  156         Florida College System institution board of trustees,
  157         or university board of trustees to respond to audit
  158         recommendations under certain circumstances; amending
  159         ss. 99.061, 218.503, and 1002.455, F.S.; conforming
  160         provisions and cross-references to changes made by the
  161         act; reenacting s. 112.534(2)(a), F.S., relating to
  162         official misconduct, and s. 117.01(4)(d), F.S.,
  163         relating to appointment, application, suspension,
  164         revocation, application fee, bond, and oath of
  165         notaries public, to incorporate the amendment made by
  166         the act to s. 838.022, F.S., in references thereto;
  167         reenacting s. 817.568(11), F.S., relating to criminal
  168         use of personal identification information, to
  169         incorporate the amendment made by the act to s.
  170         838.014, F.S., in a reference thereto; reenacting s.
  171         921.0022(3)(d) and (g), F.S., relating to the Criminal
  172         Punishment Code offense severity ranking chart, to
  173         incorporate the amendments made by the act to ss.
  174         838.015, 838.016, 838.022, and 838.22, F.S., in
  175         references thereto; providing for applicability;
  176         declaring that the act fulfills an important state
  177         interest; providing an effective date.
  178          
  179  Be It Enacted by the Legislature of the State of Florida:
  180  
  181         Section 1. Subsection (2) of section 11.40, Florida
  182  Statutes, is amended to read:
  183         11.40 Legislative Auditing Committee.—
  184         (2) Following notification by the Auditor General, the
  185  Department of Financial Services, or the Division of Bond
  186  Finance of the State Board of Administration, the Governor or
  187  his or her designee, or the Commissioner of Education or his or
  188  her designee of the failure of a local governmental entity,
  189  district school board, charter school, or charter technical
  190  career center to comply with the applicable provisions within s.
  191  11.45(5)-(7), s. 218.32(1), s. 218.38, or s. 218.503(3), the
  192  Legislative Auditing Committee may schedule a hearing to
  193  determine if the entity should be subject to further state
  194  action. If the committee determines that the entity should be
  195  subject to further state action, the committee shall:
  196         (a) In the case of a local governmental entity or district
  197  school board, direct the Department of Revenue and the
  198  Department of Financial Services to withhold any funds not
  199  pledged for bond debt service satisfaction which are payable to
  200  such entity until the entity complies with the law. The
  201  committee shall specify the date that such action must shall
  202  begin, and the directive must be received by the Department of
  203  Revenue and the Department of Financial Services 30 days before
  204  the date of the distribution mandated by law. The Department of
  205  Revenue and the Department of Financial Services may implement
  206  the provisions of this paragraph.
  207         (b) In the case of a special district created by:
  208         1. A special act, notify the President of the Senate, the
  209  Speaker of the House of Representatives, the standing committees
  210  of the Senate and the House of Representatives charged with
  211  special district oversight as determined by the presiding
  212  officers of each respective chamber, the legislators who
  213  represent a portion of the geographical jurisdiction of the
  214  special district pursuant to s. 189.034(2), and the Department
  215  of Economic Opportunity that the special district has failed to
  216  comply with the law. Upon receipt of notification, the
  217  Department of Economic Opportunity shall proceed pursuant to s.
  218  189.062 or s. 189.067. If the special district remains in
  219  noncompliance after the process set forth in s. 189.034(3), or
  220  if a public hearing is not held, the Legislative Auditing
  221  Committee may request the department to proceed pursuant to s.
  222  189.067(3).
  223         2. A local ordinance, notify the chair or equivalent of the
  224  local general-purpose government pursuant to s. 189.035(2) and
  225  the Department of Economic Opportunity that the special district
  226  has failed to comply with the law. Upon receipt of notification,
  227  the department shall proceed pursuant to s. 189.062 or s.
  228  189.067. If the special district remains in noncompliance after
  229  the process set forth in s. 189.034(3), or if a public hearing
  230  is not held, the Legislative Auditing Committee may request the
  231  department to proceed pursuant to s. 189.067(3).
  232         3. Any manner other than a special act or local ordinance,
  233  notify the Department of Economic Opportunity that the special
  234  district has failed to comply with the law. Upon receipt of
  235  notification, the department shall proceed pursuant to s.
  236  189.062 or s. 189.067(3).
  237         (c) In the case of a charter school or charter technical
  238  career center, notify the appropriate sponsoring entity, which
  239  may terminate the charter pursuant to ss. 1002.33 and 1002.34.
  240         Section 2. Subsection (1), paragraph (j) of subsection (2),
  241  paragraph (u) of subsection (3), and paragraph (i) of subsection
  242  (7) of section 11.45, Florida Statutes, are amended, and
  243  paragraph (x) is added to subsection (3) of that section, to
  244  read:
  245         11.45 Definitions; duties; authorities; reports; rules.—
  246         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
  247         (a) “Abuse” means behavior that is deficient or improper
  248  when compared with behavior that a prudent person would consider
  249  a reasonable and necessary operational practice given the facts
  250  and circumstances. The term includes the misuse of authority or
  251  position for personal gain.
  252         (b)(a) “Audit” means a financial audit, operational audit,
  253  or performance audit.
  254         (c)(b) “County agency” means a board of county
  255  commissioners or other legislative and governing body of a
  256  county, however styled, including that of a consolidated or
  257  metropolitan government, a clerk of the circuit court, a
  258  separate or ex officio clerk of the county court, a sheriff, a
  259  property appraiser, a tax collector, a supervisor of elections,
  260  or any other officer in whom any portion of the fiscal duties of
  261  a body or officer expressly stated in this paragraph are the
  262  above are under law separately placed by law.
  263         (d)(c) “Financial audit” means an examination of financial
  264  statements in order to express an opinion on the fairness with
  265  which they are presented in conformity with generally accepted
  266  accounting principles and an examination to determine whether
  267  operations are properly conducted in accordance with legal and
  268  regulatory requirements. Financial audits must be conducted in
  269  accordance with auditing standards generally accepted in the
  270  United States and government auditing standards as adopted by
  271  the Board of Accountancy. When applicable, the scope of
  272  financial audits must shall encompass the additional activities
  273  necessary to establish compliance with the Single Audit Act
  274  Amendments of 1996, 31 U.S.C. ss. 7501-7507, and other
  275  applicable federal law.
  276         (e) “Fraud” means obtaining something of value through
  277  willful misrepresentation, including, but not limited to, the
  278  intentional misstatements or omissions of amounts or disclosures
  279  in financial statements to deceive users of financial
  280  statements, theft of an entity’s assets, bribery, or the use of
  281  one’s position for personal enrichment through the deliberate
  282  misuse or misapplication of an organization’s resources.
  283         (f)(d) “Governmental entity” means a state agency, a county
  284  agency, or any other entity, however styled, that independently
  285  exercises any type of state or local governmental function.
  286         (g)(e) “Local governmental entity” means a county agency,
  287  municipality, tourist development council, county tourism
  288  promotion agency, or special district as defined in s. 189.012.
  289  The term, but does not include any housing authority established
  290  under chapter 421.
  291         (h)(f) “Management letter” means a statement of the
  292  auditor’s comments and recommendations.
  293         (i)(g) “Operational audit” means an audit whose purpose is
  294  to evaluate management’s performance in establishing and
  295  maintaining internal controls, including controls designed to
  296  prevent and detect fraud, waste, and abuse, and in administering
  297  assigned responsibilities in accordance with applicable laws,
  298  administrative rules, contracts, grant agreements, and other
  299  guidelines. Operational audits must be conducted in accordance
  300  with government auditing standards. Such audits examine internal
  301  controls that are designed and placed in operation to promote
  302  and encourage the achievement of management’s control objectives
  303  in the categories of compliance, economic and efficient
  304  operations, reliability of financial records and reports, and
  305  safeguarding of assets, and identify weaknesses in those
  306  internal controls.
  307         (j)(h) “Performance audit” means an examination of a
  308  program, activity, or function of a governmental entity,
  309  conducted in accordance with applicable government auditing
  310  standards or auditing and evaluation standards of other
  311  appropriate authoritative bodies. The term includes an
  312  examination of issues related to:
  313         1. Economy, efficiency, or effectiveness of the program.
  314         2. Structure or design of the program to accomplish its
  315  goals and objectives.
  316         3. Adequacy of the program to meet the needs identified by
  317  the Legislature or governing body.
  318         4. Alternative methods of providing program services or
  319  products.
  320         5. Goals, objectives, and performance measures used by the
  321  agency to monitor and report program accomplishments.
  322         6. The accuracy or adequacy of public documents, reports,
  323  or requests prepared under the program by state agencies.
  324         7. Compliance of the program with appropriate policies,
  325  rules, or laws.
  326         8. Any other issues related to governmental entities as
  327  directed by the Legislative Auditing Committee.
  328         (k)(i) “Political subdivision” means a separate agency or
  329  unit of local government created or established by law and
  330  includes, but is not limited to, the following and the officers
  331  thereof: authority, board, branch, bureau, city, commission,
  332  consolidated government, county, department, district,
  333  institution, metropolitan government, municipality, office,
  334  officer, public corporation, town, or village.
  335         (l)(j) “State agency” means a separate agency or unit of
  336  state government created or established by law and includes, but
  337  is not limited to, the following and the officers thereof:
  338  authority, board, branch, bureau, commission, department,
  339  division, institution, office, officer, or public corporation,
  340  as the case may be, except any such agency or unit within the
  341  legislative branch of state government other than the Florida
  342  Public Service Commission.
  343         (m) “Waste” means the act of using or expending resources
  344  unreasonably, carelessly, extravagantly, or for no useful
  345  purpose.
  346         (2) DUTIES.—The Auditor General shall:
  347         (j) Conduct audits of local governmental entities when
  348  determined to be necessary by the Auditor General, when directed
  349  by the Legislative Auditing Committee, or when otherwise
  350  required by law. No later than 18 months after the release of
  351  the audit report, the Auditor General shall perform such
  352  appropriate followup procedures as he or she deems necessary to
  353  determine the audited entity’s progress in addressing the
  354  findings and recommendations contained within the Auditor
  355  General’s previous report. The Auditor General shall notify each
  356  member of the audited entity’s governing body and the
  357  Legislative Auditing Committee of the results of his or her
  358  determination. For purposes of this paragraph, local
  359  governmental entities do not include water management districts.
  360  
  361  The Auditor General shall perform his or her duties
  362  independently but under the general policies established by the
  363  Legislative Auditing Committee. This subsection does not limit
  364  the Auditor General’s discretionary authority to conduct other
  365  audits or engagements of governmental entities as authorized in
  366  subsection (3).
  367         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
  368  General may, pursuant to his or her own authority, or at the
  369  direction of the Legislative Auditing Committee, conduct audits
  370  or other engagements as determined appropriate by the Auditor
  371  General of:
  372         (u) The Florida Virtual School pursuant to s. 1002.37.
  373         (x) Tourist development councils and county tourism
  374  promotion agencies.
  375         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  376         (i) The Auditor General shall annually transmit by July 15,
  377  to the President of the Senate, the Speaker of the House of
  378  Representatives, and the Department of Financial Services, a
  379  list of all school districts, charter schools, charter technical
  380  career centers, Florida College System institutions, state
  381  universities, and local governmental entities water management
  382  districts that have failed to comply with the transparency
  383  requirements as identified in the audit reports reviewed
  384  pursuant to paragraph (b) and those conducted pursuant to
  385  subsection (2).
  386         Section 3. Section 20.602, Florida Statutes, is created to
  387  read:
  388         20.602 Standards of conduct; officers and board members of
  389  Department of Economic Opportunity corporate entities.—
  390         (1) The following officers and board members are subject to
  391  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  392  112.3143(2):
  393         (a) Officers and members of the board of directors of:
  394         1. Any corporation created under chapter 288;
  395         2. Space Florida;
  396         3. CareerSource Florida, Inc., or the programs or entities
  397  created by CareerSource Florida, Inc., pursuant to s. 445.004;
  398         4. The Florida Housing Finance Corporation; or
  399         5. Any other corporation created by the Department of
  400  Economic Opportunity in accordance with its powers and duties
  401  under s. 20.60.
  402         (b) Officers and members of the board of directors of a
  403  corporate parent or subsidiary corporation of a corporation
  404  described in paragraph (a).
  405         (c) Officers and members of the board of directors of a
  406  corporation created to carry out the missions of a corporation
  407  described in paragraph (a).
  408         (d) Officers and members of the board of directors of a
  409  corporation with which a corporation described in paragraph (a)
  410  is required by law to contract with to carry out its missions.
  411         (2) For purposes of applying ss. 112.313(1)-(8), (10),
  412  (12), and (15); 112.3135; and 112.3143(2) to activities of the
  413  officers and members of the board of directors specified in
  414  subsection (1), those persons shall be considered public
  415  officers or employees and the corporation shall be considered
  416  their agency.
  417         (3) For a period of 2 years after retirement from or
  418  termination of service, or for a period of 10 years if removed
  419  or terminated for cause or for misconduct, as defined in s.
  420  443.036(29), an officer or a member of the board of directors
  421  specified in subsection (1) may not represent another person or
  422  entity for compensation before:
  423         (a) His or her corporation;
  424         (b) A division, a subsidiary, or the board of directors of
  425  a corporation created to carry out the mission of his or her
  426  corporation; or
  427         (c) A corporation with which the corporation is required by
  428  law to contract to carry out its missions.
  429         (4) This section does not supersede any additional or more
  430  stringent standards of conduct applicable to an officer or a
  431  member of the board of directors of an entity specified in
  432  subsection (1) prescribed by any other provision of law.
  433         Section 4. Paragraph (d) of subsection (2) of section
  434  28.35, Florida Statutes, is amended to read:
  435         28.35 Florida Clerks of Court Operations Corporation.—
  436         (2) The duties of the corporation shall include the
  437  following:
  438         (d) Developing and certifying a uniform system of workload
  439  measures and applicable workload standards for court-related
  440  functions as developed by the corporation and clerk workload
  441  performance in meeting the workload performance standards. These
  442  workload measures and workload performance standards shall be
  443  designed to facilitate an objective determination of the
  444  performance of each clerk in accordance with minimum standards
  445  for fiscal management, operational efficiency, and effective
  446  collection of fines, fees, service charges, and court costs. The
  447  corporation shall develop the workload measures and workload
  448  performance standards in consultation with the Legislature. When
  449  the corporation finds a clerk has not met the workload
  450  performance standards, the corporation shall identify the nature
  451  of each deficiency and any corrective action recommended and
  452  taken by the affected clerk of the court. For quarterly periods
  453  ending on the last day of March, June, September, and December
  454  of each year, the corporation shall notify the Legislature of
  455  any clerk not meeting workload performance standards and provide
  456  a copy of any corrective action plans. Such notifications shall
  457  be submitted no later than 45 days after the end of the
  458  preceding quarterly period. As used in this subsection, the
  459  term:
  460         1. “Workload measures” means the measurement of the
  461  activities and frequency of the work required for the clerk to
  462  adequately perform the court-related duties of the office as
  463  defined by the membership of the Florida Clerks of Court
  464  Operations Corporation.
  465         2. “Workload performance standards” means the standards
  466  developed to measure the timeliness and effectiveness of the
  467  activities that are accomplished by the clerk in the performance
  468  of the court-related duties of the office as defined by the
  469  membership of the Florida Clerks of Court Operations
  470  Corporation.
  471         Section 5. Present subsections (6) and (7) of section
  472  43.16, Florida Statutes, are redesignated as subsections (7) and
  473  (8), respectively, and a new subsection (6) is added to that
  474  section, to read:
  475         43.16 Justice Administrative Commission; membership, powers
  476  and duties.—
  477         (6) The commission, each state attorney, each public
  478  defender, the criminal conflict and civil regional counsel, the
  479  capital collateral regional counsel, and the Guardian Ad Litem
  480  Program shall establish and maintain internal controls designed
  481  to:
  482         (a) Prevent and detect fraud, waste, and abuse.
  483         (b) Promote and encourage compliance with applicable laws,
  484  rules, contracts, grant agreements, and best practices.
  485         (c) Support economical and efficient operations.
  486         (d) Ensure reliability of financial records and reports.
  487         (e) Safeguard assets.
  488         Section 6. Section 112.3126, Florida Statutes, is created
  489  to read:
  490         112.3126 Employment restrictions; legislators.—
  491         (1) As used in this section, the term “private entity”
  492  means any nongovernmental entity, such as a corporation,
  493  partnership, company or nonprofit organization, any other legal
  494  entity, or any natural person.
  495         (2)(a) A member of, or candidate for, the Legislature may
  496  not accept employment with a private entity that directly
  497  receives funding through state revenues appropriated by the
  498  General Appropriations Act if he or she knows, or with the
  499  exercise of reasonable care should know, that the position is
  500  being offered by the employer for the purpose of gaining
  501  influence or other advantage based on the legislator’s office or
  502  candidacy. Any employment with a private entity that directly
  503  receives funding through state revenues appropriated by the
  504  General Appropriations Act accepted by a member or candidate
  505  must meet all of the following conditions:
  506         1. The position was already in existence or was created by
  507  the employer without the knowledge or anticipation of the
  508  legislator’s interest in such position;
  509         2. The position was open to other applicants;
  510         3. The legislator was subject to the same application and
  511  hiring process as other candidates for the position; and
  512         4. The legislator meets or exceeds the required
  513  qualifications for the position.
  514         (b) A member of the Legislature who is employed by such
  515  private entity before his or her legislative service begins may
  516  continue his or her employment. However, he or she may not
  517  accept promotion, advancement, additional compensation, or
  518  anything of value that he or she knows, or with the exercise of
  519  reasonable care should know, is provided or given to influence
  520  or attempt to influence his or her legislative office, or that
  521  is otherwise inconsistent with the promotion, advancement,
  522  additional compensation, or anything of value provided or given
  523  an employee who is similarly situated.
  524         Section 7. Subsection (7) of section 112.313, Florida
  525  Statutes, is amended to read:
  526         112.313 Standards of conduct for public officers, employees
  527  of agencies, and local government attorneys.—
  528         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
  529         (a) A No public officer or employee of an agency may not
  530  shall have or hold any employment or contractual relationship
  531  with any business entity or any agency that which is subject to
  532  the regulation of, or is doing business with, an agency of which
  533  he or she is an officer or employee, excluding those
  534  organizations and their officers who, when acting in their
  535  official capacity, enter into or negotiate a collective
  536  bargaining contract with the state or any municipality, county,
  537  or other political subdivision of the state; and nor shall an
  538  officer or employee of an agency may not have or hold any
  539  employment or contractual relationship that will create a
  540  continuing or frequently recurring conflict between his or her
  541  private interests and the performance of his or her public
  542  duties or that would impede the full and faithful discharge of
  543  his or her public duties. For purposes of this subsection, if a
  544  public officer or employee of an agency holds a controlling
  545  interest in a business entity or is an officer, a director, or a
  546  member who manages such an entity, contractual relationships
  547  held by the business entity are deemed to be held by the public
  548  officer or employee.
  549         1. When the agency referred to is a that certain kind of
  550  special tax district created by general or special law and is
  551  limited specifically to constructing, maintaining, managing, and
  552  financing improvements in the land area over which the agency
  553  has jurisdiction, or when the agency has been organized pursuant
  554  to chapter 298, then employment with, or entering into a
  555  contractual relationship with, such a business entity by a
  556  public officer or employee of such an agency is shall not be
  557  prohibited by this subsection or be deemed a conflict per se.
  558  However, conduct by such officer or employee that is prohibited
  559  by, or otherwise frustrates the intent of, this section must
  560  shall be deemed a conflict of interest in violation of the
  561  standards of conduct set forth by this section.
  562         2. When the agency referred to is a legislative body and
  563  the regulatory power over the business entity resides in another
  564  agency, or when the regulatory power that which the legislative
  565  body exercises over the business entity or agency is strictly
  566  through the enactment of laws or ordinances, then employment or
  567  a contractual relationship with such a business entity by a
  568  public officer or employee of a legislative body is shall not be
  569  prohibited by this subsection or be deemed a conflict.
  570         (b) This subsection does shall not prohibit a public
  571  officer or employee from practicing in a particular profession
  572  or occupation when such practice by persons holding such public
  573  office or employment is required or permitted by law or
  574  ordinance.
  575         Section 8. Subsections (1) and (2) of section 112.3144,
  576  Florida Statutes, are amended to read:
  577         112.3144 Full and public disclosure of financial
  578  interests.—
  579         (1) In addition to officers specified in s. 8, Art. II of
  580  the State Constitution or other state law, all elected municipal
  581  officers are required to file a full and public disclosure of
  582  their financial interests. An officer who is required by s. 8,
  583  Art. II of the State Constitution to file a full and public
  584  disclosure of his or her financial interests for any calendar or
  585  fiscal year shall file that disclosure with the Florida
  586  Commission on Ethics. Additionally, beginning January 1, 2015,
  587  An officer who is required to complete annual ethics training
  588  pursuant to s. 112.3142 must certify on his or her full and
  589  public disclosure of financial interests that he or she has
  590  completed the required training.
  591         (2) A person who is required, pursuant to s. 8, Art. II of
  592  the State Constitution, to file a full and public disclosure of
  593  financial interests and who has filed a full and public
  594  disclosure of financial interests for any calendar or fiscal
  595  year is shall not be required to file a statement of financial
  596  interests pursuant to s. 112.3145(2) and (3) for the same year
  597  or for any part thereof notwithstanding any requirement of this
  598  part. If an incumbent in an elective office has filed the full
  599  and public disclosure of financial interests to qualify for
  600  election to the same office or if a candidate for office holds
  601  another office subject to the annual filing requirement, the
  602  qualifying officer shall forward an electronic copy of the full
  603  and public disclosure of financial interests to the commission
  604  no later than July 1. The electronic copy of the full and public
  605  disclosure of financial interests satisfies the annual
  606  disclosure requirement of this section. A candidate who does not
  607  qualify until after the annual full and public disclosure of
  608  financial interests has been filed pursuant to this section
  609  shall file a copy of his or her disclosure with the officer
  610  before whom he or she qualifies.
  611         Section 9. The amendment made to s. 112.3144, Florida
  612  Statutes, by this act applies to disclosures filed for the 2016
  613  calendar year and all subsequent calendar years.
  614         Section 10. Subsection (1) of section 112.31455, Florida
  615  Statutes, is amended to read:
  616         112.31455 Collection methods for unpaid automatic fines for
  617  failure to timely file disclosure of financial interests.—
  618         (1) Before referring any unpaid fine accrued pursuant to s.
  619  112.3144(5) or s. 112.3145(7) to the Department of Financial
  620  Services, the commission shall attempt to determine whether the
  621  individual owing such a fine is a current public officer or
  622  current public employee. If so, the commission may notify the
  623  Chief Financial Officer or the governing body of the appropriate
  624  county, municipality, school district, or special district of
  625  the total amount of any fine owed to the commission by such
  626  individual.
  627         (a) After receipt and verification of the notice from the
  628  commission, the Chief Financial Officer or the governing body of
  629  the county, municipality, school district, or special district
  630  shall begin withholding the lesser of 10 percent or the maximum
  631  amount allowed under federal law from any salary-related
  632  payment. The withheld payments shall be remitted to the
  633  commission until the fine is satisfied.
  634         (b) The Chief Financial Officer or the governing body of
  635  the county, municipality, school district, or special district
  636  may retain an amount of each withheld payment, as provided in s.
  637  77.0305, to cover the administrative costs incurred under this
  638  section.
  639         Section 11. Section 112.3261, Florida Statutes, is amended
  640  to read:
  641         112.3261 Lobbying before governmental entities water
  642  management districts; registration and reporting.—
  643         (1) As used in this section, the term:
  644         (a) “Governmental entity” or “entity” “District” means a
  645  water management district created in s. 373.069 and operating
  646  under the authority of chapter 373, a hospital district, a
  647  children’s services district, an expressway authority as the
  648  term “authority” is defined in s. 348.0002, the term “port
  649  authority” as defined in s. 315.02, a county or municipality
  650  that has not adopted lobbyist registration and reporting
  651  requirements, or an independent special district with annual
  652  revenues of more than $5 million which exercises ad valorem
  653  taxing authority.
  654         (b) “Lobbies” means seeking, on behalf of another person,
  655  to influence a governmental entity district with respect to a
  656  decision of the entity district in an area of policy or
  657  procurement or an attempt to obtain the goodwill of an a
  658  district official or employee of a governmental entity. The term
  659  “lobbies” shall be interpreted and applied consistently with the
  660  rules of the commission implementing s. 112.3215.
  661         (c) “Lobbyist” has the same meaning as provided in s.
  662  112.3215.
  663         (d) “Principal” has the same meaning as provided in s.
  664  112.3215.
  665         (2) A person may not lobby a governmental entity district
  666  until such person has registered as a lobbyist with that entity
  667  district. Such registration shall be due upon initially being
  668  retained to lobby and is renewable on a calendar-year basis
  669  thereafter. Upon registration, the person shall provide a
  670  statement signed by the principal or principal’s representative
  671  stating that the registrant is authorized to represent the
  672  principal. The principal shall also identify and designate its
  673  main business on the statement authorizing that lobbyist
  674  pursuant to a classification system approved by the governmental
  675  entity district. Any changes to the information required by this
  676  section must be disclosed within 15 days by filing a new
  677  registration form. The registration form must shall require each
  678  lobbyist to disclose, under oath, the following:
  679         (a) The lobbyist’s name and business address.
  680         (b) The name and business address of each principal
  681  represented.
  682         (c) The existence of any direct or indirect business
  683  association, partnership, or financial relationship with an
  684  official any officer or employee of a governmental entity
  685  district with which he or she lobbies or intends to lobby.
  686         (d) A governmental entity shall create a lobbyist
  687  registration form modeled after the In lieu of creating its own
  688  lobbyist registration forms, a district may accept a completed
  689  legislative branch or executive branch lobbyist registration
  690  form, which must be returned to the governmental entity.
  691         (3) A governmental entity district shall make lobbyist
  692  registrations available to the public. If a governmental entity
  693  district maintains a website, a database of currently registered
  694  lobbyists and principals must be available on the entity’s
  695  district’s website.
  696         (4) A lobbyist shall promptly send a written statement to
  697  the governmental entity district canceling the registration for
  698  a principal upon termination of the lobbyist’s representation of
  699  that principal. A governmental entity district may remove the
  700  name of a lobbyist from the list of registered lobbyists if the
  701  principal notifies the entity district that a person is no
  702  longer authorized to represent that principal.
  703         (5) A governmental entity district may establish an annual
  704  lobbyist registration fee, not to exceed $40, for each principal
  705  represented. The governmental entity district may use
  706  registration fees only to administer this section.
  707         (6) A governmental entity district shall be diligent to
  708  ascertain whether persons required to register pursuant to this
  709  section have complied. A governmental entity district may not
  710  knowingly authorize a person who is not registered pursuant to
  711  this section to lobby the entity district.
  712         (7) Upon receipt of a sworn complaint alleging that a
  713  lobbyist or principal has failed to register with a governmental
  714  entity district or has knowingly submitted false information in
  715  a report or registration required under this section, the
  716  commission shall investigate a lobbyist or principal pursuant to
  717  the procedures established under s. 112.324. The commission
  718  shall provide the Governor with a report of its findings and
  719  recommendations in any investigation conducted pursuant to this
  720  subsection. The Governor is authorized to enforce the
  721  commission’s findings and recommendations.
  722         (8) A governmental entity Water management districts may
  723  adopt rules to establish procedures to govern the registration
  724  of lobbyists, including the adoption of forms and the
  725  establishment of a lobbyist registration fee.
  726         Section 12. Paragraph (c) of subsection (3) of section
  727  129.03, Florida Statutes, is amended to read:
  728         129.03 Preparation and adoption of budget.—
  729         (3) The county budget officer, after tentatively
  730  ascertaining the proposed fiscal policies of the board for the
  731  next fiscal year, shall prepare and present to the board a
  732  tentative budget for the next fiscal year for each of the funds
  733  provided in this chapter, including all estimated receipts,
  734  taxes to be levied, and balances expected to be brought forward
  735  and all estimated expenditures, reserves, and balances to be
  736  carried over at the end of the year.
  737         (c) The board shall hold public hearings to adopt tentative
  738  and final budgets pursuant to s. 200.065. The hearings shall be
  739  primarily for the purpose of hearing requests and complaints
  740  from the public regarding the budgets and the proposed tax
  741  levies and for explaining the budget and any proposed or adopted
  742  amendments. The tentative budget must be posted on the county’s
  743  official website at least 2 days before the public hearing to
  744  consider such budget and must remain on the website for at least
  745  45 days. The final budget must be posted on the website within
  746  30 days after adoption and must remain on the website for at
  747  least 2 years. The tentative budgets, adopted tentative budgets,
  748  and final budgets shall be filed in the office of the county
  749  auditor as a public record. Sufficient reference in words and
  750  figures to identify the particular transactions must shall be
  751  made in the minutes of the board to record its actions with
  752  reference to the budgets.
  753         Section 13. Paragraph (f) of subsection (2) of section
  754  129.06, Florida Statutes, is amended to read:
  755         129.06 Execution and amendment of budget.—
  756         (2) The board at any time within a fiscal year may amend a
  757  budget for that year, and may within the first 60 days of a
  758  fiscal year amend the budget for the prior fiscal year, as
  759  follows:
  760         (f) Unless otherwise prohibited by law, if an amendment to
  761  a budget is required for a purpose not specifically authorized
  762  in paragraphs (a)-(e), the amendment may be authorized by
  763  resolution or ordinance of the board of county commissioners
  764  adopted following a public hearing.
  765         1. The public hearing must be advertised at least 2 days,
  766  but not more than 5 days, before the date of the hearing. The
  767  advertisement must appear in a newspaper of paid general
  768  circulation and must identify the name of the taxing authority,
  769  the date, place, and time of the hearing, and the purpose of the
  770  hearing. The advertisement must also identify each budgetary
  771  fund to be amended, the source of the funds, the use of the
  772  funds, and the total amount of each fund’s appropriations.
  773         2. If the board amends the budget pursuant to this
  774  paragraph, the adopted amendment must be posted on the county’s
  775  official website within 5 days after adoption and must remain on
  776  the website for at least 2 years.
  777         Section 14. Subsections (3) and (5) of section 166.241,
  778  Florida Statutes, are amended to read:
  779         166.241 Fiscal years, budgets, and budget amendments.—
  780         (3) The tentative budget must be posted on the
  781  municipality’s official website at least 2 days before the
  782  budget hearing, held pursuant to s. 200.065 or other law, to
  783  consider such budget, and must remain on the website for at
  784  least 45 days. The final adopted budget must be posted on the
  785  municipality’s official website within 30 days after adoption
  786  and must remain on the website for at least 2 years. If the
  787  municipality does not operate an official website, the
  788  municipality must, within a reasonable period of time as
  789  established by the county or counties in which the municipality
  790  is located, transmit the tentative budget and final budget to
  791  the manager or administrator of such county or counties who
  792  shall post the budgets on the county’s website.
  793         (5) If the governing body of a municipality amends the
  794  budget pursuant to paragraph (4)(c), the adopted amendment must
  795  be posted on the official website of the municipality within 5
  796  days after adoption and must remain on the website for at least
  797  2 years. If the municipality does not operate an official
  798  website, the municipality must, within a reasonable period of
  799  time as established by the county or counties in which the
  800  municipality is located, transmit the adopted amendment to the
  801  manager or administrator of such county or counties who shall
  802  post the adopted amendment on the county’s website.
  803         Section 15. Subsections (4) and (7) of section 189.016,
  804  Florida Statutes, are amended to read:
  805         189.016 Reports; budgets; audits.—
  806         (4) The tentative budget must be posted on the special
  807  district’s official website at least 2 days before the budget
  808  hearing, held pursuant to s. 200.065 or other law, to consider
  809  such budget, and must remain on the website for at least 45
  810  days. The final adopted budget must be posted on the special
  811  district’s official website within 30 days after adoption and
  812  must remain on the website for at least 2 years. If the special
  813  district does not operate an official website, the special
  814  district must, within a reasonable period of time as established
  815  by the local general-purpose government or governments in which
  816  the special district is located or the local governing authority
  817  to which the district is dependent, transmit the tentative
  818  budget or final budget to the manager or administrator of the
  819  local general-purpose government or the local governing
  820  authority. The manager or administrator shall post the tentative
  821  budget or final budget on the website of the local general
  822  purpose government or governing authority. This subsection and
  823  subsection (3) do not apply to water management districts as
  824  defined in s. 373.019.
  825         (7) If the governing body of a special district amends the
  826  budget pursuant to paragraph (6)(c), the adopted amendment must
  827  be posted on the official website of the special district within
  828  5 days after adoption and must remain on the website for at
  829  least 2 years. If the special district does not operate an
  830  official website, the special district must, within a reasonable
  831  period of time as established by the local general-purpose
  832  government or governments in which the special district is
  833  located or the local governing authority to which the district
  834  is dependent, transmit the adopted amendment to the manager or
  835  administrator of the local general-purpose government or
  836  governing authority. The manager or administrator shall post the
  837  adopted amendment on the website of the local general-purpose
  838  government or governing authority.
  839         Section 16. Section 215.425, Florida Statutes, is amended
  840  to read:
  841         215.425 Extra compensation claims prohibited; bonuses;
  842  severance pay.—
  843         (1) As used in this section, the term “public funds” means
  844  any taxes, tuition, state grants, fines, fees, or other charges
  845  or any other type of revenue collected by the state or any
  846  county, municipality, special district, school district, Florida
  847  College System institution, state university, or other separate
  848  unit of government created pursuant to law, including any
  849  office, department, agency, division, subdivision, political
  850  subdivision, board, bureau, or commission of such entities.
  851  However, if the payment and receipt does not otherwise violate
  852  part III of chapter 112, the following are not considered public
  853  funds:
  854         (a) Revenues received by the Board of Governors or state
  855  universities through or from faculty practice plans; health
  856  services support organizations; hospitals with which state
  857  universities are affiliated; direct-support organizations; or
  858  federal, auxiliary, or private sources, except for tuition.
  859         (b) Revenues received by Florida College System
  860  institutions through or from faculty practice plans; health
  861  services support organizations; direct-support organizations; or
  862  federal, auxiliary, or private sources, except for tuition.
  863         (c) Revenues that are received by a hospital licensed under
  864  chapter 395 which has entered into a Medicaid provider contract
  865  and that:
  866         1. Are not derived from the levy of an ad valorem tax;
  867         2. Are not derived from patient services paid through the
  868  Medicaid or Medicare program;
  869         3. Are derived from patient services pursuant to contracts
  870  with private insurers or private managed care entities, or paid
  871  by the patient or private entities; or
  872         4. Are not appropriated by the Legislature or by any
  873  county, municipality, special district, school district, Florida
  874  College System institution, state university, or other separate
  875  unit of government created pursuant to law, including any
  876  office, department, agency, division, subdivision, political
  877  subdivision, board, bureau, commission, authority, or
  878  institution of such entities, except for revenues otherwise
  879  authorized to be used pursuant to subparagraphs 2. and 3.
  880         (d) A clothing and maintenance allowance given to
  881  plainclothes deputies pursuant to s. 30.49.
  882         (e) Revenues or fees received by a seaport or airport from
  883  sources other than through the levy of a tax, or funds
  884  appropriated by any county or municipality or the Legislature.
  885         (2)(1) Except as provided in subsections (3) and (4), no
  886  extra compensation shall be made from public funds to any
  887  officer, agent, employee, or contractor after the service has
  888  been rendered or the contract made; nor shall any public funds
  889  money be appropriated or paid on any claim the subject matter of
  890  which has not been provided for by preexisting laws, unless such
  891  compensation or claim is allowed by a law enacted by two-thirds
  892  of the members elected to each house of the Legislature.
  893  However, when adopting salary schedules for a fiscal year, a
  894  district school board or community college district board of
  895  trustees may apply the schedule for payment of all services
  896  rendered subsequent to July 1 of that fiscal year.
  897         (2) This section does not apply to:
  898         (a) a bonus or severance pay that is paid wholly from
  899  nontax revenues and nonstate-appropriated funds, the payment and
  900  receipt of which does not otherwise violate part III of chapter
  901  112, and which is paid to an officer, agent, employee, or
  902  contractor of a public hospital that is operated by a county or
  903  a special district; or
  904         (b) A clothing and maintenance allowance given to
  905  plainclothes deputies pursuant to s. 30.49.
  906         (3) Any policy, ordinance, rule, or resolution designed to
  907  implement a bonus scheme must:
  908         (a) Base the award of a bonus on work performance;
  909         (b) Describe the performance standards and evaluation
  910  process by which a bonus will be awarded;
  911         (c) Notify all employees who meet the prescribed criteria
  912  for a particular bonus scheme of the policy, ordinance, rule, or
  913  resolution before the beginning of the evaluation period on
  914  which a bonus will be based; and
  915         (d) Consider all employees who meet the prescribed criteria
  916  for a particular bonus scheme for the bonus.
  917         (4)(a) On or after July 1, 2011, A unit of government, on
  918  or after July 1, 2011, or a state university, on or after July
  919  1, 2012, which that enters into a contract or employment
  920  agreement, or a renewal or renegotiation of an existing contract
  921  or employment agreement, which that contains a provision for
  922  severance pay with an officer, agent, employee, or contractor
  923  must include the following provisions in the contract:
  924         1. A requirement that severance pay paid from public funds
  925  provided may not exceed an amount greater than 20 weeks of
  926  compensation.
  927         2. A prohibition of provision of severance pay paid from
  928  public funds when the officer, agent, employee, or contractor
  929  has been fired for misconduct, as defined in s. 443.036(29), by
  930  the unit of government. However, the existence of a contract
  931  that includes a provision providing for severance pay does not
  932  limit the application of paragraph (b) to the settlement of a
  933  dispute.
  934         (b) On or after July 1, 2011, an officer, agent, employee,
  935  or contractor may receive severance pay that is not provided for
  936  in a contract or employment agreement if the severance pay
  937  represents the settlement of an employment dispute. In
  938  determining the amount of severance pay that may be paid in
  939  accordance with this section, the unit of government or the
  940  state university shall consider the nature of the claim, the
  941  circumstances giving rise to the dispute, and the potential cost
  942  of resolving the dispute Such severance pay may not exceed an
  943  amount greater than 6 weeks of compensation. The settlement may
  944  not include provisions that limit the ability of any party to
  945  the settlement to discuss the dispute or settlement.
  946         (5) Any agreement or contract, executed on or after July 1,
  947  2011, which involves extra compensation between a unit of
  948  government and an officer, agent, employee, or contractor may
  949  not include provisions that limit the ability of any party to
  950  the agreement or contract to discuss the agreement or contract.
  951         (6) Upon discovery or notification that a unit of
  952  government has provided prohibited compensation to any officer,
  953  agent, employee, or contractor in violation of this section,
  954  such unit of government shall investigate and take all
  955  reasonable action to recover the prohibited compensation.
  956         (a) If the violation was unintentional, the unit of
  957  government shall take all reasonable action to recover the
  958  prohibited compensation from the individual receiving the
  959  prohibited compensation through normal recovery methods for
  960  overpayments.
  961         (b) If the violation was willful, the unit of government
  962  shall take all reasonable action to recover the prohibited
  963  compensation from the individual receiving the prohibited
  964  compensation or the employee or employees of the unit of
  965  government who willfully violated this section. Each individual
  966  determined to have willfully violated this section is jointly
  967  and severally liable for repayment of the prohibited
  968  compensation.
  969         (7) An officer who exercises the powers and duties of a
  970  state or county officer and willfully violates this section is
  971  subject to the Governor’s power under s. 7(a), Art. IV of the
  972  State Constitution. An officer who exercises powers and duties
  973  other than those of a state or county officer and willfully
  974  violates this section is subject to the suspension and removal
  975  procedures under s. 112.51.
  976         (8) An employee who is discharged, demoted, suspended,
  977  threatened, harassed, or in any manner discriminated against in
  978  the terms and conditions of employment by his or her employer
  979  because of lawful acts done by the employee on behalf of the
  980  employee or others in furtherance of an action under this
  981  section, including investigation for initiation of, testimony
  982  for, or assistance in an action filed or to be filed under this
  983  section, has a cause of action under s. 112.3187.
  984         (9) Subsections (6), (7), and (8) apply prospectively to
  985  contracts and employment agreements, and the renewal or
  986  renegotiation of an existing contract or employment agreement,
  987  effective on or after October 1, 2016.
  988         Section 17. Section 215.86, Florida Statutes, is amended to
  989  read:
  990         215.86 Management systems and controls.—Each state agency
  991  and the judicial branch as defined in s. 216.011 shall establish
  992  and maintain management systems and internal controls designed
  993  to:
  994         (1) Prevent and detect fraud, waste, and abuse. that
  995         (2) Promote and encourage compliance with applicable laws,
  996  rules, contracts, and grant agreements.;
  997         (3) Support economical and economic, efficient, and
  998  effective operations.;
  999         (4) Ensure reliability of financial records and reports.;
 1000         (5) Safeguard and safeguarding of assets. Accounting
 1001  systems and procedures shall be designed to fulfill the
 1002  requirements of generally accepted accounting principles.
 1003         Section 18. Paragraph (a) of subsection (2) of section
 1004  215.97, Florida Statutes, is amended to read:
 1005         215.97 Florida Single Audit Act.—
 1006         (2) Definitions; as used in this section, the term:
 1007         (a) “Audit threshold” means the threshold amount used to
 1008  determine when a state single audit or project-specific audit of
 1009  a nonstate entity shall be conducted in accordance with this
 1010  section. Each nonstate entity that expends a total amount of
 1011  state financial assistance equal to or in excess of $750,000
 1012  $500,000 in any fiscal year of such nonstate entity shall be
 1013  required to have a state single audit, or a project-specific
 1014  audit, for such fiscal year in accordance with the requirements
 1015  of this section. Every 2 years the Auditor General, After
 1016  consulting with the Executive Office of the Governor, the
 1017  Department of Financial Services, and all state awarding
 1018  agencies, the Auditor General shall periodically review the
 1019  threshold amount for requiring audits under this section and may
 1020  recommend any appropriate statutory change to revise the
 1021  threshold amount in the annual report submitted pursuant to s.
 1022  11.45(7)(h) to the Legislature may adjust such threshold amount
 1023  consistent with the purposes of this section.
 1024         Section 19. Subsection (11) of section 215.985, Florida
 1025  Statutes, is amended to read:
 1026         215.985 Transparency in government spending.—
 1027         (11) Each water management district shall provide a monthly
 1028  financial statement in the form and manner prescribed by the
 1029  Department of Financial Services to the district’s its governing
 1030  board and make such monthly financial statement available for
 1031  public access on its website.
 1032         Section 20. Paragraph (d) of subsection (1) and subsection
 1033  (2) of section 218.32, Florida Statutes, are amended to read:
 1034         218.32 Annual financial reports; local governmental
 1035  entities.—
 1036         (1)
 1037         (d) Each local governmental entity that is required to
 1038  provide for an audit under s. 218.39(1) must submit a copy of
 1039  the audit report and annual financial report to the department
 1040  within 45 days after the completion of the audit report but no
 1041  later than 9 months after the end of the fiscal year. In
 1042  conducting an audit of a local governmental entity pursuant to
 1043  s. 218.39, an independent certified public accountant shall
 1044  determine whether the entity’s annual financial report is in
 1045  agreement with the audited financial statements. The
 1046  accountant’s audit report must be supported by the same level of
 1047  detail as required for the annual financial report. If the
 1048  accountant’s audit report is not in agreement with the annual
 1049  financial report, the accountant shall specify and explain the
 1050  significant differences that exist between the annual financial
 1051  report and the audit report.
 1052         (2) The department shall annually by December 1 file a
 1053  verified report with the Governor, the Legislature, the Auditor
 1054  General, and the Special District Accountability Program of the
 1055  Department of Economic Opportunity showing the revenues, both
 1056  locally derived and derived from intergovernmental transfers,
 1057  and the expenditures of each local governmental entity, regional
 1058  planning council, local government finance commission, and
 1059  municipal power corporation that is required to submit an annual
 1060  financial report. In preparing the verified report, the
 1061  department may request additional information from the local
 1062  governmental entity. The information requested must be provided
 1063  to the department within 45 days after the request. If the local
 1064  governmental entity does not comply with the request, the
 1065  department shall notify the Legislative Auditing Committee,
 1066  which may take action pursuant to s. 11.40(2). The report must
 1067  include, but is not limited to:
 1068         (a) The total revenues and expenditures of each local
 1069  governmental entity that is a component unit included in the
 1070  annual financial report of the reporting entity.
 1071         (b) The amount of outstanding long-term debt by each local
 1072  governmental entity. For purposes of this paragraph, the term
 1073  “long-term debt” means any agreement or series of agreements to
 1074  pay money, which, at inception, contemplate terms of payment
 1075  exceeding 1 year in duration.
 1076         Section 21. Present subsection (3) of section 218.33,
 1077  Florida Statutes, is redesignated as subsection (4), and a new
 1078  subsection (3) is added to that section, to read:
 1079         218.33 Local governmental entities; establishment of
 1080  uniform fiscal years and accounting practices and procedures.—
 1081         (3) Each local governmental entity shall establish and
 1082  maintain internal controls designed to:
 1083         (a) Prevent and detect fraud, waste, and abuse.
 1084         (b) Promote and encourage compliance with applicable laws,
 1085  rules, contracts, grant agreements, and best practices.
 1086         (c) Support economical and efficient operations.
 1087         (d) Ensure reliability of financial records and reports.
 1088         (e) Safeguard assets.
 1089         Section 22. Present subsections (8) through (12) of section
 1090  218.39, Florida Statutes, are redesignated as subsections (9)
 1091  through (13), respectively, and a new subsection (8) is added to
 1092  that section, to read:
 1093         218.39 Annual financial audit reports.—
 1094         (8) If the audit report includes a recommendation that was
 1095  included in the preceding financial audit report but remains
 1096  unaddressed, the governing body of the audited entity, within 60
 1097  days after the delivery of the audit report to the governing
 1098  body, shall indicate during a regularly scheduled public meeting
 1099  whether it intends to take corrective action, the intended
 1100  corrective action, and the timeframe for the corrective action.
 1101  If the governing body indicates that it does not intend to take
 1102  corrective action, it shall explain its decision at the public
 1103  meeting.
 1104         Section 23. Subsection (2) of section 218.391, Florida
 1105  Statutes, is amended, and subsection (9) is added to that
 1106  section, to read:
 1107         218.391 Auditor selection procedures.—
 1108         (2) The governing body of a charter county, municipality,
 1109  special district, district school board, charter school, or
 1110  charter technical career center shall establish an audit
 1111  committee.
 1112         (a) The audit committee for a county Each noncharter county
 1113  shall establish an audit committee that, at a minimum, shall
 1114  consist of each of the county officers elected pursuant to the
 1115  county charter or s. 1(d), Art. VIII of the State Constitution,
 1116  or their respective designees a designee, and one member of the
 1117  board of county commissioners or its designee.
 1118         (b) The audit committee for a municipality, special
 1119  district, district school board, charter school, or charter
 1120  technical career center shall consist of at least three members.
 1121  One member of the audit committee must be a member of the
 1122  governing body of an entity specified in this paragraph, who
 1123  shall also serve as the chair of the committee.
 1124         (c) An employee, chief executive officer, or chief
 1125  financial officer of the county, municipality, special district,
 1126  district school board, charter school, or charter technical
 1127  career center may not serve as a member of an audit committee
 1128  established under this subsection.
 1129         (d) The primary purpose of the audit committee is to assist
 1130  the governing body in selecting an auditor to conduct the annual
 1131  financial audit required in s. 218.39; however, the audit
 1132  committee may serve other audit oversight purposes as determined
 1133  by the entity’s governing body. The public may shall not be
 1134  excluded from the proceedings under this section.
 1135         (9) An audit report submitted pursuant to s. 218.39 must
 1136  include an affidavit executed by the chair of the audit
 1137  committee affirming that the committee complied with the
 1138  requirements of subsections (3)-(6) in selecting an auditor. If
 1139  the Auditor General determines that an entity failed to comply
 1140  with the requirements of subsections (3)-(6) in selecting an
 1141  auditor, the entity shall select a replacement auditor in
 1142  accordance with this section to conduct audits for subsequent
 1143  fiscal years if the original audit was performed under a
 1144  multiyear contract. If the replacement of an auditor would
 1145  preclude the entity from timely completing the annual financial
 1146  audit required by s. 218.39, the entity shall replace an auditor
 1147  in accordance with this section for the subsequent annual
 1148  financial audit. A multiyear contract between an entity or an
 1149  auditor may not prohibit or restrict an entity from complying
 1150  with this subsection.
 1151         Section 24. Subsection (2) of section 286.0114, Florida
 1152  Statutes, is amended to read:
 1153         286.0114 Public meetings; reasonable opportunity to be
 1154  heard; attorney fees.—
 1155         (2) Members of the public shall be given a reasonable
 1156  opportunity to be heard on a proposition before a board or
 1157  commission. The opportunity to be heard need not occur at the
 1158  same meeting at which the board or commission takes official
 1159  action on the proposition if the opportunity occurs at a meeting
 1160  that is during the decisionmaking process and is within
 1161  reasonable proximity in time before the meeting at which the
 1162  board or commission takes the official action. A board or
 1163  commission may not require a member of the public to provide an
 1164  advance written copy of his or her testimony or comments as a
 1165  precondition of being given the opportunity to be heard at a
 1166  meeting. This section does not prohibit a board or commission
 1167  from maintaining orderly conduct or proper decorum in a public
 1168  meeting. The opportunity to be heard is subject to rules or
 1169  policies adopted by the board or commission, as provided in
 1170  subsection (4).
 1171         Section 25. Paragraph (b) of subsection (2) of section
 1172  288.92, Florida Statutes, is amended to read:
 1173         288.92 Divisions of Enterprise Florida, Inc.—
 1174         (2)
 1175         (b)1. The following officers and board members are subject
 1176  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1177  112.3143(2):
 1178         a. Officers and members of the board of directors of the
 1179  divisions of Enterprise Florida, Inc.
 1180         b. Officers and members of the board of directors of
 1181  subsidiaries of Enterprise Florida, Inc.
 1182         c. Officers and members of the board of directors of
 1183  corporations created to carry out the missions of Enterprise
 1184  Florida, Inc.
 1185         d. Officers and members of the board of directors of
 1186  corporations with which a division is required by law to
 1187  contract to carry out its missions.
 1188         2. For a period of 2 years after retirement from or
 1189  termination of service to a division, or for a period of 10
 1190  years if removed or terminated for cause or for misconduct, as
 1191  defined in s. 443.036(29), the officers and board members
 1192  specified in subparagraph 1. may not represent another person or
 1193  entity for compensation before:
 1194         a. Enterprise Florida, Inc.;
 1195         b. A division, a subsidiary, or the board of directors of
 1196  corporations created to carry out the missions of Enterprise
 1197  Florida, Inc.; or
 1198         c. A division with which Enterprise Florida, Inc., is
 1199  required by law to contract to carry out its missions.
 1200         3.2. For purposes of applying ss. 112.313(1)-(8), (10),
 1201  (12), and (15); 112.3135; and 112.3143(2) to activities of the
 1202  officers and members of the board of directors specified in
 1203  subparagraph 1., those persons shall be considered public
 1204  officers or employees and the corporation shall be considered
 1205  their agency.
 1206         4.3. It is not a violation of s. 112.3143(2) or (4) for the
 1207  officers or members of the board of directors of the Florida
 1208  Tourism Industry Marketing Corporation to:
 1209         a. Vote on the 4-year marketing plan required under s.
 1210  288.923 or vote on any individual component of or amendment to
 1211  the plan.
 1212         b. Participate in the establishment or calculation of
 1213  payments related to the private match requirements of s.
 1214  288.904(3). The officer or member must file an annual disclosure
 1215  describing the nature of his or her interests or the interests
 1216  of his or her principals, including corporate parents and
 1217  subsidiaries of his or her principal, in the private match
 1218  requirements. This annual disclosure requirement satisfies the
 1219  disclosure requirement of s. 112.3143(4). This disclosure must
 1220  be placed either on the Florida Tourism Industry Marketing
 1221  Corporation’s website or included in the minutes of each meeting
 1222  of the Florida Tourism Industry Marketing Corporation’s board of
 1223  directors at which the private match requirements are discussed
 1224  or voted upon.
 1225         Section 26. Paragraph (a) of subsection (3) of section
 1226  288.9604, Florida Statutes, is amended to read:
 1227         288.9604 Creation of the authority.—
 1228         (3)(a)1. A director may not receive compensation for his or
 1229  her services, but is entitled to necessary expenses, including
 1230  travel expenses, incurred in the discharge of his or her duties.
 1231  Each director shall hold office until his or her successor has
 1232  been appointed.
 1233         2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
 1234  and (15); 112.3135; and 112.3143(2). For purposes of applying
 1235  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1236  112.3143(2) to activities of directors, directors shall be
 1237  considered public officers and the corporation shall be
 1238  considered their agency.
 1239         3. A director of the corporation may not represent another
 1240  person or entity for compensation before the corporation for a
 1241  period of 2 years following his or her service on the board of
 1242  directors.
 1243         Section 27. Paragraph (e) of subsection (4), paragraph (d)
 1244  of subsection (5), and paragraph (d) of subsection (6) of
 1245  section 373.536, Florida Statutes, are amended to read:
 1246         373.536 District budget and hearing thereon.—
 1247         (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
 1248         (e) By September 1, 2012, Each district shall provide a
 1249  monthly financial statement in the form and manner prescribed by
 1250  the Department of Financial Services to the district’s governing
 1251  board and make such monthly financial statement available for
 1252  public access on its website.
 1253         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
 1254  APPROVAL.—
 1255         (d) Each district shall, by August 1 of each year, submit
 1256  for review a tentative budget and a description of any
 1257  significant changes from the preliminary budget submitted to the
 1258  Legislature pursuant to s. 373.535 to the Governor, the
 1259  President of the Senate, the Speaker of the House of
 1260  Representatives, the chairs of all legislative committees and
 1261  subcommittees having substantive or fiscal jurisdiction over
 1262  water management districts, as determined by the President of
 1263  the Senate or the Speaker of the House of Representatives, as
 1264  applicable, the secretary of the department, and the governing
 1265  body of each county in which the district has jurisdiction or
 1266  derives any funds for the operations of the district. The
 1267  tentative budget must be posted on the district’s official
 1268  website at least 2 days before budget hearings held pursuant to
 1269  s. 200.065 or other law and must remain on the website for at
 1270  least 45 days.
 1271         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 1272  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 1273         (d) The final adopted budget must be posted on the water
 1274  management district’s official website within 30 days after
 1275  adoption and must remain on the website for at least 2 years.
 1276         Section 28. Subsection (7) of section 838.014, Florida
 1277  Statutes, is renumbered as subsection (8), present subsections
 1278  (4) and (6) are amended, and a new subsection (6) is added to
 1279  that section, to read:
 1280         838.014 Definitions.—As used in this chapter, the term:
 1281         (4) “Governmental entity” means an agency or entity of the
 1282  state, a county, municipality, or special district or any other
 1283  public entity created or authorized by law “Corruptly” or “with
 1284  corrupt intent” means acting knowingly and dishonestly for a
 1285  wrongful purpose.
 1286         (6) “Public contractor” means, for purposes of ss. 838.022
 1287  and 838.22 only:
 1288         (a) Any person, as defined in s. 1.01(3), who has entered
 1289  into a contract with a governmental entity; or
 1290         (b) Any officer or employee of a person, as defined in s.
 1291  1.01(3), who has entered into a contract with a governmental
 1292  entity.
 1293         (7)(6) “Public servant” means:
 1294         (a) Any officer or employee of a governmental state,
 1295  county, municipal, or special district agency or entity,;
 1296  including
 1297         (b) any executive, legislative, or judicial branch officer
 1298  or employee;
 1299         (b)(c) Any person, except a witness, who acts as a general
 1300  or special magistrate, receiver, auditor, arbitrator, umpire,
 1301  referee, consultant, or hearing officer while performing a
 1302  governmental function; or
 1303         (c)(d) A candidate for election or appointment to any of
 1304  the officer positions listed in this subsection, or an
 1305  individual who has been elected to, but has yet to officially
 1306  assume the responsibilities of, public office.
 1307         Section 29. Subsection (1) of section 838.015, Florida
 1308  Statutes, is amended to read:
 1309         838.015 Bribery.—
 1310         (1) “Bribery” means corruptly to knowingly and
 1311  intentionally give, offer, or promise to any public servant, or,
 1312  if a public servant, corruptly to knowingly and intentionally
 1313  request, solicit, accept, or agree to accept for himself or
 1314  herself or another, any pecuniary or other benefit not
 1315  authorized by law with an intent or purpose to influence the
 1316  performance of any act or omission which the person believes to
 1317  be, or the public servant represents as being, within the
 1318  official discretion of a public servant, in violation of a
 1319  public duty, or in performance of a public duty.
 1320         Section 30. Subsections (1) and (2) of section 838.016,
 1321  Florida Statutes, are amended to read:
 1322         838.016 Unlawful compensation or reward for official
 1323  behavior.—
 1324         (1) It is unlawful for any person corruptly to knowingly
 1325  and intentionally give, offer, or promise to any public servant,
 1326  or, if a public servant, corruptly to knowingly and
 1327  intentionally request, solicit, accept, or agree to accept, any
 1328  pecuniary or other benefit not authorized by law, for the past,
 1329  present, or future performance, nonperformance, or violation of
 1330  any act or omission which the person believes to have been, or
 1331  the public servant represents as having been, either within the
 1332  official discretion of the public servant, in violation of a
 1333  public duty, or in performance of a public duty. This section
 1334  does not Nothing herein shall be construed to preclude a public
 1335  servant from accepting rewards for services performed in
 1336  apprehending any criminal.
 1337         (2) It is unlawful for any person corruptly to knowingly
 1338  and intentionally give, offer, or promise to any public servant,
 1339  or, if a public servant, corruptly to knowingly and
 1340  intentionally request, solicit, accept, or agree to accept, any
 1341  pecuniary or other benefit not authorized by law for the past,
 1342  present, or future exertion of any influence upon or with any
 1343  other public servant regarding any act or omission which the
 1344  person believes to have been, or which is represented to him or
 1345  her as having been, either within the official discretion of the
 1346  other public servant, in violation of a public duty, or in
 1347  performance of a public duty.
 1348         Section 31. Subsection (1) of section 838.022, Florida
 1349  Statutes, is amended, and subsection (2) of that section is
 1350  republished, to read:
 1351         838.022 Official misconduct.—
 1352         (1) It is unlawful for a public servant or public
 1353  contractor, with corrupt intent to knowingly and intentionally
 1354  obtain a benefit for any person or to cause unlawful harm to
 1355  another, by to:
 1356         (a) Falsifying Falsify, or causing cause another person to
 1357  falsify, any official record or official document;
 1358         (b) Concealing, covering up, destroying, mutilating, or
 1359  altering Conceal, cover up, destroy, mutilate, or alter any
 1360  official record or official document, except as authorized by
 1361  law or contract, or causing cause another person to perform such
 1362  an act; or
 1363         (c) Obstructing, delaying, or preventing Obstruct, delay,
 1364  or prevent the communication of information relating to the
 1365  commission of a felony that directly involves or affects the
 1366  government public agency or public entity served by the public
 1367  servant or public contractor.
 1368         (2) For the purposes of this section:
 1369         (a) The term “public servant” does not include a candidate
 1370  who does not otherwise qualify as a public servant.
 1371         (b) An official record or official document includes only
 1372  public records.
 1373         Section 32. Section 838.22, Florida Statutes, is amended to
 1374  read:
 1375         838.22 Bid tampering.—
 1376         (1) It is unlawful for a public servant or a public
 1377  contractor who has contracted with a governmental entity to
 1378  assist in a competitive procurement, with corrupt intent to
 1379  knowingly and intentionally influence or attempt to influence
 1380  the competitive solicitation bidding process undertaken by any
 1381  governmental state, county, municipal, or special district
 1382  agency, or any other public entity, for the procurement of
 1383  commodities or services, by to:
 1384         (a) Disclosing, except as authorized by law, Disclose
 1385  material information concerning a vendor’s response, any
 1386  evaluation results, bid or other aspects of the competitive
 1387  solicitation bidding process when such information is not
 1388  publicly disclosed.
 1389         (b) Altering or amending Alter or amend a submitted
 1390  response bid, documents or other materials supporting a
 1391  submitted response bid, or any evaluation bid results relating
 1392  to the competitive solicitation for the purpose of intentionally
 1393  providing a competitive advantage to any person who submits a
 1394  response bid.
 1395         (2) It is unlawful for a public servant or a public
 1396  contractor who has contracted with a governmental entity to
 1397  assist in a competitive procurement, with corrupt intent to
 1398  knowingly and intentionally obtain a benefit for any person or
 1399  to cause unlawful harm to another by circumventing, to
 1400  circumvent a competitive solicitation bidding process required
 1401  by law or rule through the use of by using a sole-source
 1402  contract for commodities or services.
 1403         (3) It is unlawful for any person to knowingly agree,
 1404  conspire, combine, or confederate, directly or indirectly, with
 1405  a public servant or a public contractor who has contracted with
 1406  a governmental entity to assist in a competitive procurement to
 1407  violate subsection (1) or subsection (2).
 1408         (4) It is unlawful for any person to knowingly enter into a
 1409  contract for commodities or services which was secured by a
 1410  public servant or a public contractor who has contracted with a
 1411  governmental entity to assist in a competitive procurement
 1412  acting in violation of subsection (1) or subsection (2).
 1413         (5) Any person who violates this section commits a felony
 1414  of the second degree, punishable as provided in s. 775.082, s.
 1415  775.083, or s. 775.084.
 1416         Section 33. Paragraph (l) of subsection (12) of section
 1417  1001.42, Florida Statutes, is amended, a new subsection (27) is
 1418  added to that section, and present subsection (27) of that
 1419  section is renumbered as subsection (28), to read:
 1420         1001.42 Powers and duties of district school board.—The
 1421  district school board, acting as a board, shall exercise all
 1422  powers and perform all duties listed below:
 1423         (12) FINANCE.—Take steps to assure students adequate
 1424  educational facilities through the financial procedure
 1425  authorized in chapters 1010 and 1011 and as prescribed below:
 1426         (l) Internal auditor.—May employ an internal auditor to
 1427  perform ongoing financial verification of the financial records
 1428  of the school district and such other audits and reviews as the
 1429  district school board directs for the purpose of determining:
 1430         1. The adequacy of internal controls designed to prevent
 1431  and detect fraud, waste, and abuse.
 1432         2. Compliance with applicable laws, rules, contracts, grant
 1433  agreements, district school board-approved policies, and best
 1434  practices.
 1435         3. The efficiency of operations.
 1436         4. The reliability of financial records and reports.
 1437         5. The safeguarding of assets.
 1438  
 1439  The internal auditor shall report directly to the district
 1440  school board or its designee.
 1441         (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
 1442  management and instruction, give suggestions for improvement,
 1443  and advise citizens with the view of promoting interest in
 1444  education and improving the school.
 1445         Section 34. Paragraph (j) of subsection (9) of section
 1446  1002.33, Florida Statutes, is amended to read:
 1447         1002.33 Charter schools.—
 1448         (9) CHARTER SCHOOL REQUIREMENTS.—
 1449         (j) The governing body of the charter school shall be
 1450  responsible for:
 1451         1. Establishing and maintaining internal controls designed
 1452  to:
 1453         a. Prevent and detect fraud, waste, and abuse.
 1454         b. Promote and encourage compliance with applicable laws,
 1455  rules, contracts, grant agreements, and best practices.
 1456         c. Support economical and efficient operations.
 1457         d. Ensure reliability of financial records and reports.
 1458         e. Safeguard assets.
 1459         2.1. Ensuring that the charter school has retained the
 1460  services of a certified public accountant or auditor for the
 1461  annual financial audit, pursuant to s. 1002.345(2), who shall
 1462  submit the report to the governing body.
 1463         3.2. Reviewing and approving the audit report, including
 1464  audit findings and recommendations for the financial recovery
 1465  plan.
 1466         4.a.3.a. Performing the duties in s. 1002.345, including
 1467  monitoring a corrective action plan.
 1468         b. Monitoring a financial recovery plan in order to ensure
 1469  compliance.
 1470         5.4. Participating in governance training approved by the
 1471  department which must include government in the sunshine,
 1472  conflicts of interest, ethics, and financial responsibility.
 1473         Section 35. Present subsections (6) through (10) of section
 1474  1002.37, Florida Statutes, are redesignated as subsections (7)
 1475  through (11), respectively, a new subsection (6) is added to
 1476  that section, and present subsections (6) and (11) of that
 1477  section are amended, to read:
 1478         1002.37 The Florida Virtual School.—
 1479         (6) The Florida Virtual School shall have an annual
 1480  financial audit of its accounts and records conducted by an
 1481  independent auditor who is a certified public accountant
 1482  licensed under chapter 473. The independent auditor shall
 1483  conduct the audit in accordance with rules adopted by the
 1484  Auditor General pursuant to s. 11.45 and, upon completion of the
 1485  audit, shall prepare an audit report in accordance with such
 1486  rules. The audit report must include a written statement of the
 1487  board of trustees describing corrective action to be taken in
 1488  response to each of the recommendations of the independent
 1489  auditor included in the audit report. The independent auditor
 1490  shall submit the audit report to the board of trustees and the
 1491  Auditor General no later than 9 months after the end of the
 1492  preceding fiscal year.
 1493         (7)(6) The board of trustees shall annually submit to the
 1494  Governor, the Legislature, the Commissioner of Education, and
 1495  the State Board of Education the audit report prepared pursuant
 1496  to subsection (6) and a complete and detailed report setting
 1497  forth:
 1498         (a) The operations and accomplishments of the Florida
 1499  Virtual School within the state and those occurring outside the
 1500  state as Florida Virtual School Global.
 1501         (b) The marketing and operational plan for the Florida
 1502  Virtual School and Florida Virtual School Global, including
 1503  recommendations regarding methods for improving the delivery of
 1504  education through the Internet and other distance learning
 1505  technology.
 1506         (c) The assets and liabilities of the Florida Virtual
 1507  School and Florida Virtual School Global at the end of the
 1508  fiscal year.
 1509         (d) A copy of an annual financial audit of the accounts and
 1510  records of the Florida Virtual School and Florida Virtual School
 1511  Global, conducted by an independent certified public accountant
 1512  and performed in accordance with rules adopted by the Auditor
 1513  General.
 1514         (e) Recommendations regarding the unit cost of providing
 1515  services to students through the Florida Virtual School and
 1516  Florida Virtual School Global. In order to most effectively
 1517  develop public policy regarding any future funding of the
 1518  Florida Virtual School, it is imperative that the cost of the
 1519  program is accurately identified. The identified cost of the
 1520  program must be based on reliable data.
 1521         (e)(f) Recommendations regarding an accountability
 1522  mechanism to assess the effectiveness of the services provided
 1523  by the Florida Virtual School and Florida Virtual School Global.
 1524         (11) The Auditor General shall conduct an operational audit
 1525  of the Florida Virtual School, including Florida Virtual School
 1526  Global. The scope of the audit shall include, but not be limited
 1527  to, the administration of responsibilities relating to
 1528  personnel; procurement and contracting; revenue production;
 1529  school funds, including internal funds; student enrollment
 1530  records; franchise agreements; information technology
 1531  utilization, assets, and security; performance measures and
 1532  standards; and accountability. The final report on the audit
 1533  shall be submitted to the President of the Senate and the
 1534  Speaker of the House of Representatives no later than January
 1535  31, 2014.
 1536         Section 36. Subsection (5) is added to section 1010.01,
 1537  Florida Statutes, to read:
 1538         1010.01 Uniform records and accounts.—
 1539         (5) Each school district, Florida College System
 1540  institution, and state university shall establish and maintain
 1541  internal controls designed to:
 1542         (a) Prevent and detect fraud, waste, and abuse.
 1543         (b) Promote and encourage compliance with applicable laws,
 1544  rules, contracts, grant agreements, and best practices.
 1545         (c) Support economical and efficient operations.
 1546         (d) Ensure reliability of financial records and reports.
 1547         (e) Safeguard assets.
 1548         Section 37. Subsection (2) of section 1010.30, Florida
 1549  Statutes, is amended to read:
 1550         1010.30 Audits required.—
 1551         (2) If a school district, Florida College System
 1552  institution, or university audit report includes a
 1553  recommendation that was included in the preceding financial
 1554  audit report but remains unaddressed, an audit contains a
 1555  significant finding, the district school board, the Florida
 1556  College System institution board of trustees, or the university
 1557  board of trustees, within 60 days after the delivery of the
 1558  audit report to the school district, Florida College System
 1559  institution, or university, shall indicate conduct an audit
 1560  overview during a regularly scheduled public meeting whether it
 1561  intends to take corrective action, the intended corrective
 1562  action, and the timeframe for the corrective action. If the
 1563  district school board, Florida College System institution board
 1564  of trustees, or university board of trustees indicates that it
 1565  does not intend to take corrective action, it shall explain its
 1566  decision at the public meeting.
 1567         Section 38. Subsection (5) of section 99.061, Florida
 1568  Statutes, is amended to read:
 1569         99.061 Method of qualifying for nomination or election to
 1570  federal, state, county, or district office.—
 1571         (5) At the time of qualifying for office, each candidate
 1572  for a constitutional office or an elected municipal office shall
 1573  file a full and public disclosure of financial interests
 1574  pursuant to s. 8, Art. II of the State Constitution, which must
 1575  be verified under oath or affirmation pursuant to s.
 1576  92.525(1)(a), and a candidate for any other office, including
 1577  local elective office, shall file a statement of financial
 1578  interests pursuant to s. 112.3145.
 1579         Section 39. Subsection (3) of section 218.503, Florida
 1580  Statutes, is amended to read:
 1581         218.503 Determination of financial emergency.—
 1582         (3) Upon notification that one or more of the conditions in
 1583  subsection (1) have occurred or will occur if action is not
 1584  taken to assist the local governmental entity or district school
 1585  board, the Governor or his or her designee shall contact the
 1586  local governmental entity or the Commissioner of Education or
 1587  his or her designee shall contact the district school board, as
 1588  appropriate, to determine what actions have been taken by the
 1589  local governmental entity or the district school board to
 1590  resolve or prevent the condition. The information requested must
 1591  be provided within 45 days after the date of the request. If the
 1592  local governmental entity or the district school board does not
 1593  comply with the request, the Governor or his or her designee or
 1594  the Commissioner of Education or his or her designee shall
 1595  notify the members of the Legislative Auditing Committee, which
 1596  who may take action pursuant to s. 11.40(2) s. 11.40. The
 1597  Governor or the Commissioner of Education, as appropriate, shall
 1598  determine whether the local governmental entity or the district
 1599  school board needs state assistance to resolve or prevent the
 1600  condition. If state assistance is needed, the local governmental
 1601  entity or district school board is considered to be in a state
 1602  of financial emergency. The Governor or the Commissioner of
 1603  Education, as appropriate, has the authority to implement
 1604  measures as set forth in ss. 218.50-218.504 to assist the local
 1605  governmental entity or district school board in resolving the
 1606  financial emergency. Such measures may include, but are not
 1607  limited to:
 1608         (a) Requiring approval of the local governmental entity’s
 1609  budget by the Governor or approval of the district school
 1610  board’s budget by the Commissioner of Education.
 1611         (b) Authorizing a state loan to a local governmental entity
 1612  and providing for repayment of same.
 1613         (c) Prohibiting a local governmental entity or district
 1614  school board from issuing bonds, notes, certificates of
 1615  indebtedness, or any other form of debt until such time as it is
 1616  no longer subject to this section.
 1617         (d) Making such inspections and reviews of records,
 1618  information, reports, and assets of the local governmental
 1619  entity or district school board as are needed. The appropriate
 1620  local officials shall cooperate in such inspections and reviews.
 1621         (e) Consulting with officials and auditors of the local
 1622  governmental entity or the district school board and the
 1623  appropriate state officials regarding any steps necessary to
 1624  bring the books of account, accounting systems, financial
 1625  procedures, and reports into compliance with state requirements.
 1626         (f) Providing technical assistance to the local
 1627  governmental entity or the district school board.
 1628         (g)1. Establishing a financial emergency board to oversee
 1629  the activities of the local governmental entity or the district
 1630  school board. If a financial emergency board is established for
 1631  a local governmental entity, the Governor shall appoint board
 1632  members and select a chair. If a financial emergency board is
 1633  established for a district school board, the State Board of
 1634  Education shall appoint board members and select a chair. The
 1635  financial emergency board shall adopt such rules as are
 1636  necessary for conducting board business. The board may:
 1637         a. Make such reviews of records, reports, and assets of the
 1638  local governmental entity or the district school board as are
 1639  needed.
 1640         b. Consult with officials and auditors of the local
 1641  governmental entity or the district school board and the
 1642  appropriate state officials regarding any steps necessary to
 1643  bring the books of account, accounting systems, financial
 1644  procedures, and reports of the local governmental entity or the
 1645  district school board into compliance with state requirements.
 1646         c. Review the operations, management, efficiency,
 1647  productivity, and financing of functions and operations of the
 1648  local governmental entity or the district school board.
 1649         d. Consult with other governmental entities for the
 1650  consolidation of all administrative direction and support
 1651  services, including, but not limited to, services for asset
 1652  sales, economic and community development, building inspections,
 1653  parks and recreation, facilities management, engineering and
 1654  construction, insurance coverage, risk management, planning and
 1655  zoning, information systems, fleet management, and purchasing.
 1656         2. The recommendations and reports made by the financial
 1657  emergency board must be submitted to the Governor for local
 1658  governmental entities or to the Commissioner of Education and
 1659  the State Board of Education for district school boards for
 1660  appropriate action.
 1661         (h) Requiring and approving a plan, to be prepared by
 1662  officials of the local governmental entity or the district
 1663  school board in consultation with the appropriate state
 1664  officials, prescribing actions that will cause the local
 1665  governmental entity or district school board to no longer be
 1666  subject to this section. The plan must include, but need not be
 1667  limited to:
 1668         1. Provision for payment in full of obligations outlined in
 1669  subsection (1), designated as priority items, which are
 1670  currently due or will come due.
 1671         2. Establishment of priority budgeting or zero-based
 1672  budgeting in order to eliminate items that are not affordable.
 1673         3. The prohibition of a level of operations which can be
 1674  sustained only with nonrecurring revenues.
 1675         4. Provisions implementing the consolidation, sourcing, or
 1676  discontinuance of all administrative direction and support
 1677  services, including, but not limited to, services for asset
 1678  sales, economic and community development, building inspections,
 1679  parks and recreation, facilities management, engineering and
 1680  construction, insurance coverage, risk management, planning and
 1681  zoning, information systems, fleet management, and purchasing.
 1682         Section 40. Subsection (2) of section 1002.455, Florida
 1683  Statutes, is amended to read:
 1684         1002.455 Student eligibility for K-12 virtual instruction.—
 1685         (2) A student is eligible to participate in virtual
 1686  instruction if:
 1687         (a) The student spent the prior school year in attendance
 1688  at a public school in the state and was enrolled and reported by
 1689  the school district for funding during October and February for
 1690  purposes of the Florida Education Finance Program surveys;
 1691         (b) The student is a dependent child of a member of the
 1692  United States Armed Forces who was transferred within the last
 1693  12 months to this state from another state or from a foreign
 1694  country pursuant to a permanent change of station order;
 1695         (c) The student was enrolled during the prior school year
 1696  in a virtual instruction program under s. 1002.45 or a full-time
 1697  Florida Virtual School program under s. 1002.37(9)(a) s.
 1698  1002.37(8)(a);
 1699         (d) The student has a sibling who is currently enrolled in
 1700  a virtual instruction program and the sibling was enrolled in
 1701  that program at the end of the prior school year;
 1702         (e) The student is eligible to enter kindergarten or first
 1703  grade; or
 1704         (f) The student is eligible to enter grades 2 through 5 and
 1705  is enrolled full-time in a school district virtual instruction
 1706  program, virtual charter school, or the Florida Virtual School.
 1707         Section 41. For the purpose of incorporating the amendment
 1708  made by this act to section 838.022, Florida Statutes, in a
 1709  reference thereto, paragraph (a) of subsection (2) of section
 1710  112.534, Florida Statutes, is reenacted to read:
 1711         112.534 Failure to comply; official misconduct.—
 1712         (2)(a) All the provisions of s. 838.022 shall apply to this
 1713  part.
 1714         Section 42. For the purpose of incorporating the amendment
 1715  made by this act to section 838.022, Florida Statutes, in a
 1716  reference thereto, paragraph (d) of subsection (4) of section
 1717  117.01, Florida Statutes, is reenacted to read:
 1718         117.01 Appointment, application, suspension, revocation,
 1719  application fee, bond, and oath.—
 1720         (4) The Governor may suspend a notary public for any of the
 1721  grounds provided in s. 7, Art. IV of the State Constitution.
 1722  Grounds constituting malfeasance, misfeasance, or neglect of
 1723  duty include, but are not limited to, the following:
 1724         (d) Official misconduct as defined in s. 838.022.
 1725         Section 43. For the purpose of incorporating the amendment
 1726  made by this act to section 838.014, Florida Statutes, in a
 1727  reference thereto, subsection (11) of section 817.568, Florida
 1728  Statutes, is reenacted to read:
 1729         817.568 Criminal use of personal identification
 1730  information.—
 1731         (11) A person who willfully and without authorization
 1732  fraudulently uses personal identification information concerning
 1733  an individual who is 60 years of age or older; a disabled adult
 1734  as defined in s. 825.101; a public servant as defined in s.
 1735  838.014; a veteran as defined in s. 1.01; a first responder as
 1736  defined in s. 125.01045; an individual who is employed by the
 1737  State of Florida; or an individual who is employed by the
 1738  Federal Government without first obtaining the consent of that
 1739  individual commits a felony of the second degree, punishable as
 1740  provided in s. 775.082, s. 775.083, or s. 775.084.
 1741         Section 44. For the purpose of incorporating the amendments
 1742  made by this act to sections 838.015, 838.016, and 838.22,
 1743  Florida Statutes, in references thereto, paragraph (g) of
 1744  subsection (3) of section 921.0022, Florida Statutes, is
 1745  reenacted to read:
 1746         921.0022 Criminal Punishment Code; offense severity ranking
 1747  chart.—
 1748         (3) OFFENSE SEVERITY RANKING CHART
 1749         (g) LEVEL 7
 1750  
 1751  
 1752  FloridaStatute    FelonyDegree           Description            
 1753  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
 1754  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
 1755  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.
 1756  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
 1757  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1758  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
 1759  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 1760  456.065(2)           3rd   Practicing a health care profession without a license.
 1761  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
 1762  458.327(1)           3rd   Practicing medicine without a license.
 1763  459.013(1)           3rd   Practicing osteopathic medicine without a license.
 1764  460.411(1)           3rd   Practicing chiropractic medicine without a license.
 1765  461.012(1)           3rd   Practicing podiatric medicine without a license.
 1766  462.17               3rd   Practicing naturopathy without a license.
 1767  463.015(1)           3rd   Practicing optometry without a license.
 1768  464.016(1)           3rd   Practicing nursing without a license.
 1769  465.015(2)           3rd   Practicing pharmacy without a license.
 1770  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
 1771  467.201              3rd   Practicing midwifery without a license.
 1772  468.366              3rd   Delivering respiratory care services without a license.
 1773  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
 1774  483.901(9)           3rd   Practicing medical physics without a license.
 1775  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
 1776  484.053              3rd   Dispensing hearing aids without a license.
 1777  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.
 1778  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.
 1779  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1780  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1781  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 1782  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
 1783  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1784  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1785  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1786  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1787  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1788  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1789  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
 1790  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
 1791  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
 1792  784.048(7)           3rd   Aggravated stalking; violation of court order.
 1793  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
 1794  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
 1795  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
 1796  784.081(1)           1st   Aggravated battery on specified official or employee.
 1797  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
 1798  784.083(1)           1st   Aggravated battery on code inspector.
 1799  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
 1800  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.
 1801  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1802  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
 1803  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
 1804  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1805  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1806  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1807  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1808  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.
 1809  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
 1810  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
 1811  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 1812  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.
 1813  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.
 1814  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
 1815  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 1816  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1817  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 1818  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
 1819  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.
 1820  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1821  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 1822  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 1823  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
 1824  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1825  812.131(2)(a)        2nd   Robbery by sudden snatching.      
 1826  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
 1827  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
 1828  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 1829  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 1830  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
 1831  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.
 1832  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
 1833  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1834  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.
 1835  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 1836  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 1837  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
 1838  838.015              2nd   Bribery.                          
 1839  838.016              2nd   Unlawful compensation or reward for official behavior.
 1840  838.021(3)(a)        2nd   Unlawful harm to a public servant.
 1841  838.22               2nd   Bid tampering.                    
 1842  843.0855(2)          3rd   Impersonation of a public officer or employee.
 1843  843.0855(3)          3rd   Unlawful simulation of legal process.
 1844  843.0855(4)          3rd   Intimidation of a public officer or employee.
 1845  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1846  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
 1847  872.06               2nd   Abuse of a dead human body.       
 1848  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 1849  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1850  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.
 1851  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.
 1852  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).
 1853  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1854  893.135(1)(b)1.a.     1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1855  893.135(1)(c)1.a.     1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1856  893.135(1)(c)2.a.     1st   Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 1857  893.135(1)(c)2.b.     1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 1858  893.135(1)(c)3.a.     1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 1859  893.135(1)(c)3.b.     1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 1860  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1861  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1862  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1863  893.135(1)(g)1.a.     1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1864  893.135(1)(h)1.a.     1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1865  893.135(1)(j)1.a.     1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1866  893.135(1)(k)2.a.     1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1867  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 1868  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 1869  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1870  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1871  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1872  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
 1873  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1874  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1875  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
 1876  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1877  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1878  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1879  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1880  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1881  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 1882         Section 45. For the purpose of incorporating the amendment
 1883  made by this act to section 838.022, Florida Statutes, in a
 1884  reference thereto, paragraph (d) of subsection (3) of section
 1885  921.0022, Florida Statutes, is reenacted to read:
 1886         921.0022 Criminal Punishment Code; offense severity ranking
 1887  chart.—
 1888         (3) OFFENSE SEVERITY RANKING CHART
 1889         (d) LEVEL 4
 1890  
 1891  
 1892  FloridaStatute    FelonyDegree           Description            
 1893  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.
 1894  499.0051(1)          3rd   Failure to maintain or deliver pedigree papers.
 1895  499.0051(2)          3rd   Failure to authenticate pedigree papers.
 1896  499.0051(6)          2nd   Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
 1897  517.07(1)            3rd   Failure to register securities.   
 1898  517.12(1)            3rd   Failure of dealer, associated person, or issuer of securities to register.
 1899  784.07(2)(b)         3rd   Battery of law enforcement officer, firefighter, etc.
 1900  784.074(1)(c)        3rd   Battery of sexually violent predators facility staff.
 1901  784.075              3rd   Battery on detention or commitment facility staff.
 1902  784.078              3rd   Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
 1903  784.08(2)(c)         3rd   Battery on a person 65 years of age or older.
 1904  784.081(3)           3rd   Battery on specified official or employee.
 1905  784.082(3)           3rd   Battery by detained person on visitor or other detainee.
 1906  784.083(3)           3rd   Battery on code inspector.        
 1907  784.085              3rd   Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
 1908  787.03(1)            3rd   Interference with custody; wrongly takes minor from appointed guardian.
 1909  787.04(2)            3rd   Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
 1910  787.04(3)            3rd   Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
 1911  787.07               3rd   Human smuggling.                  
 1912  790.115(1)           3rd   Exhibiting firearm or weapon within 1,000 feet of a school.
 1913  790.115(2)(b)        3rd   Possessing electric weapon or device, destructive device, or other weapon on school property.
 1914  790.115(2)(c)        3rd   Possessing firearm on school property.
 1915  800.04(7)(c)         3rd   Lewd or lascivious exhibition; offender less than 18 years.
 1916  810.02(4)(a)         3rd   Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
 1917  810.02(4)(b)         3rd   Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
 1918  810.06               3rd   Burglary; possession of tools.    
 1919  810.08(2)(c)         3rd   Trespass on property, armed with firearm or dangerous weapon.
 1920  812.014(2)(c)3.      3rd   Grand theft, 3rd degree $10,000 or more but less than $20,000.
 1921  812.014(2)(c)4.-10.   3rd   Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
 1922  812.0195(2)          3rd   Dealing in stolen property by use of the Internet; property stolen $300 or more.
 1923  817.563(1)           3rd   Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
 1924  817.568(2)(a)        3rd   Fraudulent use of personal identification information.
 1925  817.625(2)(a)        3rd   Fraudulent use of scanning device or reencoder.
 1926  828.125(1)           2nd   Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
 1927  837.02(1)            3rd   Perjury in official proceedings.  
 1928  837.021(1)           3rd   Make contradictory statements in official proceedings.
 1929  838.022              3rd   Official misconduct.              
 1930  839.13(2)(a)         3rd   Falsifying records of an individual in the care and custody of a state agency.
 1931  839.13(2)(c)         3rd   Falsifying records of the Department of Children and Families.
 1932  843.021              3rd   Possession of a concealed handcuff key by a person in custody.
 1933  843.025              3rd   Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
 1934  843.15(1)(a)         3rd   Failure to appear while on bail for felony (bond estreature or bond jumping).
 1935  847.0135(5)(c)       3rd   Lewd or lascivious exhibition using computer; offender less than 18 years.
 1936  874.05(1)(a)         3rd   Encouraging or recruiting another to join a criminal gang.
 1937  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).
 1938  914.14(2)            3rd   Witnesses accepting bribes.       
 1939  914.22(1)            3rd   Force, threaten, etc., witness, victim, or informant.
 1940  914.23(2)            3rd   Retaliation against a witness, victim, or informant, no bodily injury.
 1941  918.12               3rd   Tampering with jurors.            
 1942  934.215              3rd   Use of two-way communications device to facilitate commission of a crime.
 1943         Section 46. As provided in s. 112.322(3), Florida Statutes,
 1944  the Commission on Ethics is authorized to render advisory
 1945  opinions to any public officer, candidate for public office, or
 1946  public employee regarding the application of part III of chapter
 1947  112, Florida Statutes, including the amendments made by this
 1948  act.
 1949         Section 47. The Legislature finds that a proper and
 1950  legitimate state purpose is served when internal controls are
 1951  established to prevent and detect fraud, waste, and abuse and to
 1952  safeguard and account for government funds and property.
 1953  Therefore, the Legislature determines and declares that this act
 1954  fulfills an important state interest.
 1955         Section 48. This act shall take effect October 1, 2016.