Florida Senate - 2019                                    SB 1350
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01592-19                                            20191350__
    1                        A bill to be entitled                      
    2         An act relating to local government fiscal
    3         transparency; amending s. 11.40, F.S.; expanding the
    4         scope of the Legislative Auditing Committee review to
    5         include compliance with local government fiscal
    6         transparency requirements; amending s. 11.45, F.S.;
    7         providing procedures for the Auditor General and local
    8         governments to comply with the local government fiscal
    9         transparency requirements; amending ss. 125.045 and
   10         166.021, F.S.; revising reporting requirements for
   11         certain local government economic development
   12         incentives; transferring and renumbering s. 218.80,
   13         F.S., relating to the Public Bid Disclosure Act;
   14         creating part VIII of ch. 218, F.S., consisting of ss.
   15         218.801, 218.803, 218.805, 218.81, 218.82, 218.83,
   16         218.84, 218.88, and 218.89, F.S.; providing a short
   17         title; providing purpose; providing definitions;
   18         requiring local governments to post certain voting
   19         record information on their websites; requiring the
   20         posting of specified links to related sites if certain
   21         documentation or details are available; requiring
   22         property appraisers to post certain property tax
   23         information and history on their websites; requiring
   24         local governments to post certain property tax
   25         information and history on their websites; requiring
   26         public notices for public hearings and meetings prior
   27         to certain increases of local government tax levies or
   28         issuance of new tax-supported debt; specifying
   29         noticing and advertising requirements for such public
   30         hearings and meetings; requiring local governments to
   31         conduct certain debt affordability analyses under
   32         specified conditions; requiring audits of local
   33         governments to include affidavits signed by the chair
   34         of the local government governing board; providing
   35         specified information to accompany audits of local
   36         governments and to be filed with the Auditor General;
   37         providing a method for local governments that do not
   38         operate a website to post certain required
   39         information; amending s. 218.32, F.S.; conforming a
   40         cross-reference; declaring that the act fulfills an
   41         important state interest; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsection (2) of section 11.40, Florida
   46  Statutes, is amended to read:
   47         11.40 Legislative Auditing Committee.—
   48         (2) Following notification by the Auditor General, the
   49  Department of Financial Services, or the Division of Bond
   50  Finance of the State Board of Administration of the failure of a
   51  local governmental entity, district school board, charter
   52  school, or charter technical career center to comply with the
   53  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), s.
   54  218.38, or s. 218.503(3), or part VIII of chapter 218, the
   55  Legislative Auditing Committee may schedule a hearing to
   56  determine if the entity should be subject to further state
   57  action. If the committee determines that the entity should be
   58  subject to further state action, the committee shall:
   59         (a) In the case of a local governmental entity or district
   60  school board, direct the Department of Revenue and the
   61  Department of Financial Services to withhold any funds not
   62  pledged for bond debt service satisfaction which are payable to
   63  such entity until the entity complies with the law. The
   64  committee shall specify the date such action shall begin, and
   65  the directive must be received by the Department of Revenue and
   66  the Department of Financial Services 30 days before the date of
   67  the distribution mandated by law. The Department of Revenue and
   68  the Department of Financial Services may implement the
   69  provisions of this paragraph.
   70         (b) In the case of a special district created by:
   71         1. A special act, notify the President of the Senate, the
   72  Speaker of the House of Representatives, the standing committees
   73  of the Senate and the House of Representatives charged with
   74  special district oversight as determined by the presiding
   75  officers of each respective chamber, the legislators who
   76  represent a portion of the geographical jurisdiction of the
   77  special district, and the Department of Economic Opportunity
   78  that the special district has failed to comply with the law.
   79  Upon receipt of notification, the Department of Economic
   80  Opportunity shall proceed pursuant to s. 189.062 or s. 189.067.
   81  If the special district remains in noncompliance after the
   82  process set forth in s. 189.0651, or if a public hearing is not
   83  held, the Legislative Auditing Committee may request the
   84  department to proceed pursuant to s. 189.067(3).
   85         2. A local ordinance, notify the chair or equivalent of the
   86  local general-purpose government pursuant to s. 189.0652 and the
   87  Department of Economic Opportunity that the special district has
   88  failed to comply with the law. Upon receipt of notification, the
   89  department shall proceed pursuant to s. 189.062 or s. 189.067.
   90  If the special district remains in noncompliance after the
   91  process set forth in s. 189.0652, or if a public hearing is not
   92  held, the Legislative Auditing Committee may request the
   93  department to proceed pursuant to s. 189.067(3).
   94         3. Any manner other than a special act or local ordinance,
   95  notify the Department of Economic Opportunity that the special
   96  district has failed to comply with the law. Upon receipt of
   97  notification, the department shall proceed pursuant to s.
   98  189.062 or s. 189.067(3).
   99         (c) In the case of a charter school or charter technical
  100  career center, notify the appropriate sponsoring entity, which
  101  may terminate the charter pursuant to ss. 1002.33 and 1002.34.
  102         Section 2. Present paragraphs (d) through (j) of subsection
  103  (7) of section 11.45, Florida Statutes, are renumbered as
  104  paragraphs (e) through (k), respectively, and a new paragraph
  105  (d) is added to that subsection, to read:
  106         11.45 Definitions; duties; authorities; reports; rules.—
  107         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  108         (d)During the Auditor General’s review of audit reports,
  109  he or she shall contact each local government, as defined in s.
  110  218.805(2), which is not in compliance with part VIII of chapter
  111  218 and request evidence of corrective action. The local
  112  government shall provide the Auditor General with evidence of
  113  the initiation of corrective action within 45 days after the
  114  date it is requested by the Auditor General and evidence of
  115  completion of corrective action within 180 days after the date
  116  it is requested by the Auditor General. If the local government
  117  fails to comply with the Auditor General’s request or is unable
  118  to take corrective action within the required timeframe, the
  119  Auditor General shall notify the Legislative Auditing Committee.
  120         Section 3. Subsection (5) of section 125.045, Florida
  121  Statutes, is amended to read:
  122         125.045 County economic development powers.—
  123         (5)(a) By January 15 of each year By January 15, 2011, and
  124  annually thereafter, each county shall report to the Office of
  125  Economic and Demographic Research the economic development
  126  incentives in excess of $25,000 given to businesses any business
  127  during the county’s previous fiscal year. The Office of Economic
  128  and Demographic Research shall compile the information from the
  129  counties into a report and provide the report to the President
  130  of the Senate, the Speaker of the House of Representatives, and
  131  the Department of Economic Opportunity. Each county must
  132  identify whether the economic development incentives are
  133  provided directly by the county or by another entity on behalf
  134  of the county, as well as the source of local dollars, and any
  135  state or federal dollars obligated for the incentive. Economic
  136  development incentives, for purposes of this report, are
  137  classified as follows include:
  138         1. Class one: Direct Financial incentives of monetary
  139  assistance provided to an individual a business from the county
  140  or through an organization authorized by the county. Such
  141  incentives include, but are not limited to, grants, loans,
  142  equity investments, loan insurance and guarantees, and training
  143  subsidies.:
  144         a.Grants.
  145         b.Tax-based credits, refunds, or exemptions.
  146         c.Fee-based credits, refunds, or exemptions.
  147         d.Loans, loan insurance, or loan guarantees.
  148         e.Below-market rate leases or deeds for real property.
  149         f.Job training or recruitment.
  150         g.Subsidized or discounted government services.
  151         h.Infrastructure improvements.
  152         2. Class two: General assistance, services, and support
  153  provided collectively to businesses with a common interest or
  154  purpose. Such incentives include:
  155         a.Technical assistance and training.
  156         b.Business incubators and accelerators.
  157         c.Infrastructure improvements Indirect incentives in the
  158  form of grants and loans provided to businesses and community
  159  organizations that provide support to businesses or promote
  160  business investment or development.
  161         3. Class three: Business recruitment, retention, or
  162  expansion efforts provided to benefit an individual business or
  163  class of businesses. Such incentives include:
  164         a.Marketing and market research.
  165         b.Trade missions and trade shows.
  166         c.Site selection.
  167         d.Targeted assistance with the permitting and licensing
  168  process.
  169         e.Business plan or project development Fee-based or tax
  170  based incentives, including, but not limited to, credits,
  171  refunds, exemptions, and property tax abatement or assessment
  172  reductions.
  173         4.Below-market rate leases or deeds for real property.
  174         (b) A county shall report its economic development
  175  incentives in the format specified by the Office of Economic and
  176  Demographic Research.
  177         (c) The Office of Economic and Demographic Research shall
  178  compile the economic development incentives provided by each
  179  county in a manner that shows the total of each class of
  180  economic development incentives provided by each county and all
  181  counties. To the extent possible, the office shall compare the
  182  results of the economic development incentives provided by all
  183  counties to the results of state incentives provided in similar
  184  classes.
  185         Section 4. Paragraph (e) of subsection (8) of section
  186  166.021, Florida Statutes, is amended to read:
  187         166.021 Powers.—
  188         (8)
  189         (e)1. By January 15 of each year By January 15, 2011, and
  190  annually thereafter, each municipality having annual revenues or
  191  expenditures greater than $250,000 shall report to the Office of
  192  Economic and Demographic Research the economic development
  193  incentives in excess of $25,000 given to businesses any business
  194  during the municipality’s previous fiscal year. The Office of
  195  Economic and Demographic Research shall compile the information
  196  from the municipalities into a report and provide the report to
  197  the President of the Senate, the Speaker of the House of
  198  Representatives, and the Department of Economic Opportunity.
  199  Each municipality must identify whether the economic development
  200  incentives are provided directly by the municipality or by
  201  another entity on behalf of the municipality, as well as the
  202  source of local dollars, and any state or federal dollars
  203  obligated for the incentive. Economic development incentives,
  204  for purposes of this report, are classified as follows include:
  205         a. Class one: Direct Financial incentives of monetary
  206  assistance provided to an individual a business from the
  207  municipality or through an organization authorized by the
  208  municipality. Such incentives include, but are not limited to,
  209  grants, loans, equity investments, loan insurance and
  210  guarantees, and training subsidies.:
  211         (I)Grants.
  212         (II)Tax-based credits, refunds, or exemptions.
  213         (III)Fee-based credits, refunds, or exemptions.
  214         (IV)Loans, loan insurance, or loan guarantees.
  215         (V)Below-market rate leases or deeds for real property.
  216         (VI)Job training or recruitment.
  217         (VII)Subsidized or discounted government services.
  218         (VIII)Infrastructure improvements.
  219         b. Class two: General assistance, services, and support
  220  provided collectively to businesses with a common interest or
  221  purpose. Such incentives include:
  222         (I)Technical assistance and training.
  223         (II)Business incubators and accelerators.
  224         (III)Infrastructure improvements Indirect incentives in
  225  the form of grants and loans provided to businesses and
  226  community organizations that provide support to businesses or
  227  promote business investment or development.
  228         c. Class three: Business recruitment, retention, or
  229  expansion efforts provided to benefit an individual business or
  230  class of businesses. Such incentives include:
  231         (I)Marketing and market research.
  232         (II)Trade missions and trade shows.
  233         (III)Site selection.
  234         (IV)Targeted assistance with the permitting and licensing
  235  process.
  236         (V)Business plan or project development Fee-based or tax
  237  based incentives, including, but not limited to, credits,
  238  refunds, exemptions, and property tax abatement or assessment
  239  reductions.
  240         d.Below-market rate leases or deeds for real property.
  241         2. A municipality shall report its economic development
  242  incentives in the format specified by the Office of Economic and
  243  Demographic Research.
  244         3. The Office of Economic and Demographic Research shall
  245  compile the economic development incentives provided by each
  246  municipality in a manner that shows the total of each class of
  247  economic development incentives provided by each municipality
  248  and all municipalities. To the extent possible, the office shall
  249  compare the results of the economic development incentives
  250  provided by all municipalities to the results of state
  251  incentives provided in similar classes.
  252         Section 5. Section 218.80, Florida Statutes, is transferred
  253  and renumbered as section 218.795, Florida Statutes.
  254         Section 6. Part VIII of chapter 218, Florida Statutes,
  255  consisting of sections 218.801, 218.803, 218.805, 218.81,
  256  218.82, 218.83, 218.84, 218.88, and 218.89, is created to read:
  257                              PART VIII                            
  258              LOCAL GOVERNMENT FISCAL TRANSPARENCY ACT             
  259         218.801Short title.—This part may be cited as the “Local
  260  Government Fiscal Transparency Act.”
  261         218.803Purpose.—The purpose of this part is to promote the
  262  fiscal transparency of local governments when using public funds
  263  by requiring additional public noticing of proposed local
  264  government actions that increase taxes, enact new taxes, extend
  265  expiring taxes, or issue tax-supported debt and requiring voting
  266  records of local governing bodies related to such actions to be
  267  easily and readily accessible by the public.
  268         218.805Definitions.—As used in this part, the term:
  269         (1)“Debt” means bonds, loans, promissory notes, lease
  270  purchase agreements, certificates of participation, installment
  271  sales, leases, or any other financing mechanisms or financial
  272  arrangements, whether or not a debt for legal purposes, for
  273  financing or refinancing the acquisition, construction,
  274  improvement, or purchase of capital outlay projects.
  275         (2)“Local government” means any county, municipality,
  276  school district, special district dependent to a county or
  277  municipality, municipal service taxing unit, or independent
  278  special district, but does not include special dependent or
  279  independent districts established to provide hospital services,
  280  provided such special districts do not levy, assess, and collect
  281  ad valorem taxes.
  282         (3)“Tax increase” means:
  283         (a)For ad valorem taxes, any increase in a local
  284  government’s millage rate above the rolled-back rate as defined
  285  in s. 200.065(1).
  286         (b)For all other taxes, a tax enactment, an extension, or
  287  an increase in the tax rate.
  288         (4)“Tax-supported debt” means debt with a duration of more
  289  than 5 years secured in whole or in part by state or local tax
  290  levies, whether such security is direct or indirect, explicit or
  291  implicit, and includes, but is not limited to, debt for which
  292  annual appropriations pledged for payment are from government
  293  fund types receiving tax revenues or shared revenues from state
  294  tax sources. The term does not include debt secured solely by
  295  revenues generated by the project that is financed with the
  296  debt.
  297         218.81Voting record access.—
  298         (1)Each local government shall post on its website, in a
  299  manner that is easily accessible to the public, a history of the
  300  voting record of each action taken by the local governing board
  301  that addressed a tax increase or new tax-supported debt
  302  issuance, except debt that was refinanced or refunded and that
  303  did not extend the term or increase the outstanding principal
  304  amount of the original debt, as follows:
  305         (a)By October 1, 2019, the voting record history from the
  306  preceding year;
  307         (b)By October 1, 2020, the voting record history from the
  308  preceding 2 years;
  309         (c)By October 1, 2021, the voting record history from the
  310  preceding 3 years; and
  311         (d)By October 1, 2022, and thereafter, the voting record
  312  history required pursuant to this subsection from the preceding
  313  4 years.
  314         (2)The website must provide links to allow users to
  315  navigate to related sites if supporting details or documentation
  316  is available.
  317         (3)In any public notice of a tax increase or the issuance
  318  of new tax-supported debt, each local government shall include
  319  with the public notice the website address where the voting
  320  records can be accessed.
  321         218.82Property tax information and history.—
  322         (1)Each county property appraiser, as defined in s.
  323  192.001, shall maintain a website that includes, in a manner
  324  easily accessible to the public, links that provide access to:
  325         (a)The notice of proposed property taxes and non-ad
  326  valorem assessments required under s. 200.069 for each parcel of
  327  property in that county; and
  328         (b)A history of the millage rate and the amount of tax
  329  levied by each taxing authority on each parcel as follows:
  330         1.By October 1, 2019, the history from the 2 preceding
  331  years;
  332         2.By October 1, 2020, the history from the 3 preceding
  333  years; and
  334         3.By October 1, 2021, and thereafter, the history from the
  335  4 preceding years.
  336  
  337  This subsection does not apply to information that is otherwise
  338  exempt from public disclosure.
  339         (2)Each local government shall post on its website, in a
  340  manner that is easily accessible to the public, links that
  341  provide access to a history of each of its millage rates and the
  342  total annual amount of revenue generated by each of these
  343  levies, as follows:
  344         (a)By October 1, 2019, the history from the 2 preceding
  345  years;
  346         (b)By October 1, 2020, the history from the 3 preceding
  347  years; and
  348         (c)By October 1, 2021, and thereafter, the history from
  349  the 4 preceding years.
  350         218.83Expanded public noticing of tax increases and new
  351  tax-supported debt issuance.—
  352         (1)For the purpose of this section, the term “tax
  353  increase” does not include an ad valorem tax increase.
  354         (2)A local government that intends to vote on a proposed
  355  tax increase or the issuance of new tax-supported debt shall
  356  advertise a public hearing to solicit public input concerning
  357  the proposed tax increase or new tax-supported debt issuance.
  358  This public hearing must occur at least 14 days before the
  359  scheduled date of the local governing board meeting to take a
  360  final vote on the tax increase or issuance of new tax-supported
  361  debt. Any hearing required under this subsection shall be held
  362  after 5 p.m. if scheduled on a day other than Saturday. A
  363  hearing may not be held on a Sunday. The general public shall be
  364  allowed to speak and to ask questions relevant to the tax
  365  increase or the tax-supported debt issuance. The local
  366  government shall provide public notice as set forth in
  367  subsection (4).
  368         (3)(a)If, following the public hearing, the local
  369  government intends to proceed with a vote to approve a tax
  370  increase or the new issuance of tax-supported debt, the local
  371  government shall provide public notice in the manner set forth
  372  in subsection (4) at least 10 days before the scheduled public
  373  meeting date.
  374         (b)For a tax increase, the notice shall also include, at a
  375  minimum:
  376         1.A statement prominently posted that the local government
  377  intends to vote on a proposed new tax enactment, tax extension,
  378  or tax rate increase.
  379         2.The time and place of the meeting.
  380         3.The amount of the tax increase, including both the rate
  381  and total amount of annual revenue expected to be generated and
  382  the expected annual revenue expressed as a percentage of the
  383  government’s general fund revenue.
  384         4.A detailed explanation of the intended uses of the levy.
  385         5.A statement indicating whether the local government
  386  expects to use the proceeds to secure debt.
  387         (c)For new tax-supported debt issuance, the notice shall
  388  also include, at a minimum:
  389         1.A statement prominently posted that the local government
  390  intends to vote on a proposed new issuance of tax-supported
  391  debt.
  392         2.The time and place of the meeting.
  393         3.A truth in bonding statement in substantially the
  394  following form:
  395  
  396         “The ...(insert local government name)... is proposing to
  397  issue $...(insert principal)... of debt or obligation for the
  398  purpose of ...(insert purpose).... This debt or obligation is
  399  expected to be repaid over a period of ...(insert term of
  400  issue)... years. At a forecasted interest rate of ...(insert
  401  rate of interest)..., total interest paid over the life of the
  402  debt or obligation will be $...(insert sum of interest
  403  payments).... The source of repayment or security for this
  404  proposal is the ...(insert the local government name)...
  405  existing ...(insert fund).... Authorizing this debt or
  406  obligation will result in $...(insert the annual amount)... of
  407  ...(insert local government name)... ...(insert fund)... moneys
  408  not being available to finance the other services of the
  409  ...(insert local government name)... each year for ...(insert
  410  the length of the debt or obligation)....”
  411  
  412         4.A description of the debt affordability ratios
  413  calculated pursuant to s. 218.84, in substantially the following
  414  form:
  415  
  416         “The following ratios measure the affordability of
  417  outstanding and proposed new long-term, tax-supported debt
  418  issued by ...(insert local government name).... The ratios show
  419  debt service as a percentage of the revenues available to
  420  support that debt, including the new debt being proposed
  421  ...(insert 5-year history and 2-year projection of debt
  422  affordability ratio)....”
  423  
  424         (4)The notice provided by a local government announcing a
  425  public hearing to take public input as set forth in subsection
  426  (2) or the public meeting to take a final vote as set forth in
  427  subsection (3) must meet the following requirements:
  428         (a)The local government must advertise notice in a
  429  newspaper of general circulation in the county or counties where
  430  the local government exists. A local government may advertise in
  431  a geographically limited insert of a general circulation
  432  newspaper if the region encompassed by the insert contains the
  433  jurisdictional boundaries of the local government. The newspaper
  434  must be of general interest with readership in the community and
  435  not one of limited subject matter, pursuant to chapter 50. The
  436  advertisement:
  437         1.Must be at least one-quarter page in size of a standard
  438  size newspaper or a half-page in size of a tabloid size
  439  newspaper, and the headline in the advertisement shall be in a
  440  type no smaller than 18 point.
  441         2.May not be placed in that portion of the newspaper where
  442  legal notices and classified advertisements appear.
  443         3.Must appear in a newspaper that is published at least 5
  444  days a week unless the only newspaper in the county is published
  445  less than 5 days a week. If the advertisement appears in a
  446  geographically limited insert of a general circulation
  447  newspaper, the insert must be one that is published at least
  448  twice a week throughout the local government’s jurisdiction.
  449  
  450  In lieu of publishing the notice set out in this paragraph, the
  451  local government may mail a copy of the notice to each elector
  452  residing within the jurisdiction of the local government; and
  453         (b)The local government must post on its website, in a
  454  manner that is easily accessible to the public, the information
  455  required under subsections (2) and (3), as applicable.
  456         (5)This section does not apply to the refinancing or
  457  refunding of debt that does not extend the term or increase the
  458  outstanding principal amount of the original debt.
  459         218.84Local government debt fiscal responsibility.—
  460         (1)It is the public policy of this state to encourage
  461  local governments to exercise prudence in authorizing and
  462  issuing debt. Before a local government authorizes debt, it must
  463  consider its ability to meet its total debt service obligation
  464  in light of other demands on the local government’s fiscal
  465  resources. Each local government shall perform a debt
  466  affordability analysis as set forth in subsection (2), and the
  467  governing board shall consider the analysis before approving the
  468  issuance of new tax-supported debt.
  469         (2)The debt affordability analysis shall, at a minimum,
  470  consist of the calculation of the local government’s actual debt
  471  affordability ratio for the 5 fiscal years prior to the year the
  472  debt is expected to be issued and a projection of the ratio for
  473  at least the first 2 fiscal years in which the new debt is
  474  expected to be issued. The analysis shall include a comparison
  475  of the debt affordability ratio with and without the new debt
  476  issuance.
  477         (3)The debt affordability ratio for a given fiscal year
  478  shall be a ratio:
  479         (a)The denominator of which is the total annual revenues
  480  available to pay debt service on outstanding tax-supported debt
  481  of the local government; and
  482         (b)The numerator of which is the total annual debt service
  483  for outstanding tax-supported debt of the local government.
  484         218.88Audits.—Audits of financial statements of local
  485  governments which are performed by a certified public accountant
  486  pursuant to s. 218.39 and submitted to the Auditor General must
  487  be accompanied by an affidavit executed by the chair of the
  488  governing board of the local government stating that the local
  489  government has complied with this part and must be filed with
  490  the Auditor General or, in the event the local government has
  491  not complied with this part, the affidavit shall instead include
  492  a description of the noncompliance and corrective action taken
  493  by the local government to correct the noncompliance and to
  494  prevent such noncompliance in the future.
  495         218.89Local government websites.—If a local government is
  496  required under this part to post information on its website, but
  497  does not operate an official website, the local government must
  498  provide the county or counties within which the local government
  499  is located the information required to be posted, and each such
  500  county shall post the required information on its website.
  501         Section 7. Paragraph (e) of subsection (1) of section
  502  218.32, Florida Statutes, is amended to read:
  503         218.32 Annual financial reports; local governmental
  504  entities.—
  505         (1)
  506         (e) Each local governmental entity that is not required to
  507  provide for an audit under s. 218.39 must submit the annual
  508  financial report to the department no later than 9 months after
  509  the end of the fiscal year. The department shall consult with
  510  the Auditor General in the development of the format of annual
  511  financial reports submitted pursuant to this paragraph. The
  512  format must include balance sheet information used by the
  513  Auditor General pursuant to s. 11.45(7)(g) s. 11.45(7)(f). The
  514  department must forward the financial information contained
  515  within the annual financial reports to the Auditor General in
  516  electronic form. This paragraph does not apply to housing
  517  authorities created under chapter 421.
  518         Section 8. The Legislature finds that this act fulfills an
  519  important state interest.
  520         Section 9. This act shall take effect July 1, 2019.