Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 686
       
       
       
       
       
       
                                Ì214662'Î214662                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2016           .                                
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       The Committee on Governmental Oversight and Accountability
       (Latvala) recommended the following:
       
    1         Senate Amendment to Substitute Amendment (637650) (with
    2  title amendment)
    3  
    4         Delete lines 664 - 1444
    5  and insert:
    6         Section 16. Section 215.425, Florida Statutes, is amended
    7  to read:
    8         215.425 Extra compensation claims prohibited; bonuses;
    9  severance pay.—
   10         (1) As used in this section, the term “public funds” means
   11  any taxes, tuition, state grants, fines, fees, or other charges
   12  or any other type of revenue collected by the state or any
   13  county, municipality, special district, school district, Florida
   14  College System institution, state university, or other separate
   15  unit of government created pursuant to law, including any
   16  office, department, agency, division, subdivision, political
   17  subdivision, board, bureau, or commission of such entities.
   18  However, if the payment and receipt does not otherwise violate
   19  part III of chapter 112, the following are not considered public
   20  funds:
   21         (a) Revenues received by the Board of Governors or state
   22  universities through or from faculty practice plans; health
   23  services support organizations; hospitals with which state
   24  universities are affiliated; direct-support organizations; or
   25  federal, auxiliary, or private sources, except for tuition.
   26         (b) Revenues received by Florida College System
   27  institutions through or from faculty practice plans; health
   28  services support organizations; direct-support organizations; or
   29  federal, auxiliary, or private sources, except for tuition.
   30         (c) Revenues that are received by a hospital licensed under
   31  chapter 395 which has entered into a Medicaid provider contract
   32  and that:
   33         1. Are not derived from the levy of an ad valorem tax;
   34         2. Are not derived from patient services paid through the
   35  Medicaid or Medicare program;
   36         3. Are derived from patient services pursuant to contracts
   37  with private insurers or private managed care entities, or paid
   38  by the patient or private entities; or
   39         4. Are not appropriated by the Legislature or by any
   40  county, municipality, special district, school district, Florida
   41  College System institution, state university, or other separate
   42  unit of government created pursuant to law, including any
   43  office, department, agency, division, subdivision, political
   44  subdivision, board, bureau, commission, authority, or
   45  institution of such entities, except for revenues otherwise
   46  authorized to be used pursuant to subparagraphs 2. and 3.
   47         (d) A clothing and maintenance allowance given to
   48  plainclothes deputies pursuant to s. 30.49.
   49         (e) Revenues or fees received by a seaport or airport from
   50  sources other than through the levy of a tax, or funds
   51  appropriated by any county or municipality or the Legislature.
   52         (2)(1)Except as provided in subsections (3) and (4), no
   53  extra compensation shall be made from public funds to any
   54  officer, agent, employee, or contractor after the service has
   55  been rendered or the contract made; nor shall any public funds
   56  money be appropriated or paid on any claim the subject matter of
   57  which has not been provided for by preexisting laws, unless such
   58  compensation or claim is allowed by a law enacted by two-thirds
   59  of the members elected to each house of the Legislature.
   60  However, when adopting salary schedules for a fiscal year, a
   61  district school board or community college district board of
   62  trustees may apply the schedule for payment of all services
   63  rendered subsequent to July 1 of that fiscal year.
   64         (2) This section does not apply to:
   65         (a) a bonus or severance pay that is paid wholly from
   66  nontax revenues and nonstate-appropriated funds, the payment and
   67  receipt of which does not otherwise violate part III of chapter
   68  112, and which is paid to an officer, agent, employee, or
   69  contractor of a public hospital that is operated by a county or
   70  a special district; or
   71         (b) A clothing and maintenance allowance given to
   72  plainclothes deputies pursuant to s. 30.49.
   73         (3) Any policy, ordinance, rule, or resolution designed to
   74  implement a bonus scheme must:
   75         (a) Base the award of a bonus on work performance;
   76         (b) Describe the performance standards and evaluation
   77  process by which a bonus will be awarded;
   78         (c) Notify all employees who meet the prescribed criteria
   79  for a particular bonus scheme of the policy, ordinance, rule, or
   80  resolution before the beginning of the evaluation period on
   81  which a bonus will be based; and
   82         (d) Consider all employees who meet the prescribed criteria
   83  for a particular bonus scheme for the bonus.
   84         (4)(a) On or after July 1, 2011, A unit of government, on
   85  or after July 1, 2011, or a state university, on or after July
   86  1, 2012, which that enters into a contract or employment
   87  agreement, or a renewal or renegotiation of an existing contract
   88  or employment agreement, which that contains a provision for
   89  severance pay with an officer, agent, employee, or contractor
   90  must include the following provisions in the contract:
   91         1. A requirement that severance pay paid from public funds
   92  provided may not exceed an amount greater than 20 weeks of
   93  compensation.
   94         2. A prohibition of provision of severance pay paid from
   95  public funds when the officer, agent, employee, or contractor
   96  has been fired for misconduct, as defined in s. 443.036(29), by
   97  the unit of government. However, the existence of a contract
   98  that includes a provision providing for severance pay does not
   99  limit the application of paragraph (b) to the settlement of a
  100  dispute.
  101         (b) On or after July 1, 2011, an officer, agent, employee,
  102  or contractor may receive severance pay that is not provided for
  103  in a contract or employment agreement if the severance pay
  104  represents the settlement of an employment dispute. In
  105  determining the amount of severance pay that may be paid in
  106  accordance with this section, the unit of government or the
  107  state university shall consider the nature of the claim, the
  108  circumstances giving rise to the dispute, and the potential cost
  109  of resolving the dispute Such severance pay may not exceed an
  110  amount greater than 6 weeks of compensation. The settlement may
  111  not include provisions that limit the ability of any party to
  112  the settlement to discuss the dispute or settlement.
  113         (5) Any agreement or contract, executed on or after July 1,
  114  2011, which involves extra compensation between a unit of
  115  government and an officer, agent, employee, or contractor may
  116  not include provisions that limit the ability of any party to
  117  the agreement or contract to discuss the agreement or contract.
  118         (6) Upon discovery or notification that a unit of
  119  government has provided prohibited compensation to any officer,
  120  agent, employee, or contractor in violation of this section,
  121  such unit of government shall investigate and take all
  122  reasonable action to recover the prohibited compensation.
  123         (a) If the violation was unintentional, the unit of
  124  government shall take all reasonable action to recover the
  125  prohibited compensation from the individual receiving the
  126  prohibited compensation through normal recovery methods for
  127  overpayments.
  128         (b) If the violation was willful, the unit of government
  129  shall take all reasonable action to recover the prohibited
  130  compensation from the individual receiving the prohibited
  131  compensation or the employee or employees of the unit of
  132  government who willfully violated this section. Each individual
  133  determined to have willfully violated this section is jointly
  134  and severally liable for repayment of the prohibited
  135  compensation.
  136         (7) An officer who exercises the powers and duties of a
  137  state or county officer and willfully violates this section is
  138  subject to the Governor’s power under s. 7(a), Art. IV of the
  139  State Constitution. An officer who exercises powers and duties
  140  other than those of a state or county officer and willfully
  141  violates this section is subject to the suspension and removal
  142  procedures under s. 112.51.
  143         (8) An employee who is discharged, demoted, suspended,
  144  threatened, harassed, or in any manner discriminated against in
  145  the terms and conditions of employment by his or her employer
  146  because of lawful acts done by the employee on behalf of the
  147  employee or others in furtherance of an action under this
  148  section, including investigation for initiation of, testimony
  149  for, or assistance in an action filed or to be filed under this
  150  section, has a cause of action under s. 112.3187.
  151         (9) Subsections (6), (7), and (8) apply prospectively to
  152  contracts and employment agreements, and the renewal or
  153  renegotiation of an existing contract or employment agreement,
  154  effective on or after October 1, 2016.
  155         Section 17. Section 215.86, Florida Statutes, is amended to
  156  read:
  157         215.86 Management systems and controls.—Each state agency
  158  and the judicial branch as defined in s. 216.011 shall establish
  159  and maintain management systems and internal controls designed
  160  to:
  161         (1) Prevent and detect fraud, waste, and abuse. that
  162         (2) Promote and encourage compliance with applicable laws,
  163  rules, contracts, and grant agreements.;
  164         (3) Support economical and economic, efficient, and
  165  effective operations.;
  166         (4) Ensure reliability of financial records and reports.;
  167         (5) Safeguard and safeguarding of assets. Accounting
  168  systems and procedures shall be designed to fulfill the
  169  requirements of generally accepted accounting principles.
  170         Section 18. Paragraph (a) of subsection (2) of section
  171  215.97, Florida Statutes, is amended to read:
  172         215.97 Florida Single Audit Act.—
  173         (2) Definitions; as used in this section, the term:
  174         (a) “Audit threshold” means the threshold amount used to
  175  determine when a state single audit or project-specific audit of
  176  a nonstate entity shall be conducted in accordance with this
  177  section. Each nonstate entity that expends a total amount of
  178  state financial assistance equal to or in excess of $750,000
  179  $500,000 in any fiscal year of such nonstate entity shall be
  180  required to have a state single audit, or a project-specific
  181  audit, for such fiscal year in accordance with the requirements
  182  of this section. Every 2 years the Auditor General, After
  183  consulting with the Executive Office of the Governor, the
  184  Department of Financial Services, and all state awarding
  185  agencies, the Auditor General shall periodically review the
  186  threshold amount for requiring audits under this section and may
  187  recommend any appropriate statutory change to revise the
  188  threshold amount in the annual report submitted pursuant to s.
  189  11.45(7)(h) to the Legislature may adjust such threshold amount
  190  consistent with the purposes of this section.
  191         Section 19. Subsection (11) of section 215.985, Florida
  192  Statutes, is amended to read:
  193         215.985 Transparency in government spending.—
  194         (11) Each water management district shall provide a monthly
  195  financial statement in the form and manner prescribed by the
  196  Department of Financial Services to the district’s its governing
  197  board and make such monthly financial statement available for
  198  public access on its website.
  199         Section 20. Paragraph (d) of subsection (1) and subsection
  200  (2) of section 218.32, Florida Statutes, are amended to read:
  201         218.32 Annual financial reports; local governmental
  202  entities.—
  203         (1)
  204         (d) Each local governmental entity that is required to
  205  provide for an audit under s. 218.39(1) must submit a copy of
  206  the audit report and annual financial report to the department
  207  within 45 days after the completion of the audit report but no
  208  later than 9 months after the end of the fiscal year. In
  209  conducting an audit of a local governmental entity pursuant to
  210  s. 218.39, an independent certified public accountant shall
  211  determine whether the entity’s annual financial report is in
  212  agreement with the audited financial statements. The
  213  accountant’s audit report must be supported by the same level of
  214  detail as required for the annual financial report. If the
  215  accountant’s audit report is not in agreement with the annual
  216  financial report, the accountant shall specify and explain the
  217  significant differences that exist between the annual financial
  218  report and the audit report.
  219         (2) The department shall annually by December 1 file a
  220  verified report with the Governor, the Legislature, the Auditor
  221  General, and the Special District Accountability Program of the
  222  Department of Economic Opportunity showing the revenues, both
  223  locally derived and derived from intergovernmental transfers,
  224  and the expenditures of each local governmental entity, regional
  225  planning council, local government finance commission, and
  226  municipal power corporation that is required to submit an annual
  227  financial report. In preparing the verified report, the
  228  department may request additional information from the local
  229  governmental entity. The information requested must be provided
  230  to the department within 45 days after the request. If the local
  231  governmental entity does not comply with the request, the
  232  department shall notify the Legislative Auditing Committee,
  233  which may take action pursuant to s. 11.40(2). The report must
  234  include, but is not limited to:
  235         (a) The total revenues and expenditures of each local
  236  governmental entity that is a component unit included in the
  237  annual financial report of the reporting entity.
  238         (b) The amount of outstanding long-term debt by each local
  239  governmental entity. For purposes of this paragraph, the term
  240  “long-term debt” means any agreement or series of agreements to
  241  pay money, which, at inception, contemplate terms of payment
  242  exceeding 1 year in duration.
  243         Section 21. Present subsection (3) of section 218.33,
  244  Florida Statutes, is redesignated as subsection (4), and a new
  245  subsection (3) is added to that section, to read:
  246         218.33 Local governmental entities; establishment of
  247  uniform fiscal years and accounting practices and procedures.—
  248         (3) Each local governmental entity shall establish and
  249  maintain internal controls designed to:
  250         (a) Prevent and detect fraud, waste, and abuse.
  251         (b) Promote and encourage compliance with applicable laws,
  252  rules, contracts, grant agreements, and best practices.
  253         (c) Support economical and efficient operations.
  254         (d) Ensure reliability of financial records and reports.
  255         (e) Safeguard assets.
  256         Section 22. Present subsections (8) through (12) of section
  257  218.39, Florida Statutes, are redesignated as subsections (9)
  258  through (13), respectively, and a new subsection (8) is added to
  259  that section, to read:
  260         218.39 Annual financial audit reports.—
  261         (8) If the audit report includes a recommendation that was
  262  included in the preceding financial audit report but remains
  263  unaddressed, the governing body of the audited entity, within 60
  264  days after the delivery of the audit report to the governing
  265  body, shall indicate during a regularly scheduled public meeting
  266  whether it intends to take corrective action, the intended
  267  corrective action, and the timeframe for the corrective action.
  268  If the governing body indicates that it does not intend to take
  269  corrective action, it shall explain its decision at the public
  270  meeting.
  271         Section 23. Subsection (2) of section 218.391, Florida
  272  Statutes, is amended, and subsection (9) is added to that
  273  section, to read:
  274         218.391 Auditor selection procedures.—
  275         (2) The governing body of a charter county, municipality,
  276  special district, district school board, charter school, or
  277  charter technical career center shall establish an audit
  278  committee.
  279         (a) The audit committee for a county Each noncharter county
  280  shall establish an audit committee that, at a minimum, shall
  281  consist of each of the county officers elected pursuant to the
  282  county charter or s. 1(d), Art. VIII of the State Constitution,
  283  or their respective designees a designee, and one member of the
  284  board of county commissioners or its designee.
  285         (b) The audit committee for a municipality, special
  286  district, district school board, charter school, or charter
  287  technical career center shall consist of at least three members.
  288  One member of the audit committee must be a member of the
  289  governing body of an entity specified in this paragraph, who
  290  shall also serve as the chair of the committee.
  291         (c) An employee, chief executive officer, or chief
  292  financial officer of the county, municipality, special district,
  293  district school board, charter school, or charter technical
  294  career center may not serve as a member of an audit committee
  295  established under this subsection.
  296         (d) The primary purpose of the audit committee is to assist
  297  the governing body in selecting an auditor to conduct the annual
  298  financial audit required in s. 218.39; however, the audit
  299  committee may serve other audit oversight purposes as determined
  300  by the entity’s governing body. The public may shall not be
  301  excluded from the proceedings under this section.
  302         (9) An audit report submitted pursuant to s. 218.39 must
  303  include an affidavit executed by the chair of the audit
  304  committee affirming that the committee complied with the
  305  requirements of subsections (3)-(6) in selecting an auditor. If
  306  the Auditor General determines that an entity failed to comply
  307  with the requirements of subsections (3)-(6) in selecting an
  308  auditor, the entity shall select a replacement auditor in
  309  accordance with this section to conduct audits for subsequent
  310  fiscal years if the original audit was performed under a
  311  multiyear contract. If the replacement of an auditor would
  312  preclude the entity from timely completing the annual financial
  313  audit required by s. 218.39, the entity shall replace an auditor
  314  in accordance with this section for the subsequent annual
  315  financial audit. A multiyear contract between an entity or an
  316  auditor may not prohibit or restrict an entity from complying
  317  with this subsection.
  318         Section 24. Subsection (2) of section 286.0114, Florida
  319  Statutes, is amended to read:
  320         286.0114 Public meetings; reasonable opportunity to be
  321  heard; attorney fees.—
  322         (2) Members of the public shall be given a reasonable
  323  opportunity to be heard on a proposition before a board or
  324  commission. The opportunity to be heard need not occur at the
  325  same meeting at which the board or commission takes official
  326  action on the proposition if the opportunity occurs at a meeting
  327  that is during the decisionmaking process and is within
  328  reasonable proximity in time before the meeting at which the
  329  board or commission takes the official action. A board or
  330  commission may not require a member of the public to provide an
  331  advance written copy of his or her testimony or comments as a
  332  precondition of being given the opportunity to be heard at a
  333  meeting. This section does not prohibit a board or commission
  334  from maintaining orderly conduct or proper decorum in a public
  335  meeting. The opportunity to be heard is subject to rules or
  336  policies adopted by the board or commission, as provided in
  337  subsection (4).
  338         Section 25. Paragraph (b) of subsection (2) of section
  339  288.92, Florida Statutes, is amended to read:
  340         288.92 Divisions of Enterprise Florida, Inc.—
  341         (2)
  342         (b)1. The following officers and board members are subject
  343  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  344  112.3143(2):
  345         a. Officers and members of the board of directors of the
  346  divisions of Enterprise Florida, Inc.
  347         b. Officers and members of the board of directors of
  348  subsidiaries of Enterprise Florida, Inc.
  349         c. Officers and members of the board of directors of
  350  corporations created to carry out the missions of Enterprise
  351  Florida, Inc.
  352         d. Officers and members of the board of directors of
  353  corporations with which a division is required by law to
  354  contract to carry out its missions.
  355         2. For a period of 2 years after retirement from or
  356  termination of service to a division, or for a period of 10
  357  years if removed or terminated for cause or for misconduct, as
  358  defined in s. 443.036(29), the officers and board members
  359  specified in subparagraph 1. may not represent another person or
  360  entity for compensation before:
  361         a. Enterprise Florida, Inc.;
  362         b. A division, a subsidiary, or the board of directors of
  363  corporations created to carry out the missions of Enterprise
  364  Florida, Inc.; or
  365         c. A division with which Enterprise Florida, Inc., is
  366  required by law to contract to carry out its missions.
  367         3.2. For purposes of applying ss. 112.313(1)-(8), (10),
  368  (12), and (15); 112.3135; and 112.3143(2) to activities of the
  369  officers and members of the board of directors specified in
  370  subparagraph 1., those persons shall be considered public
  371  officers or employees and the corporation shall be considered
  372  their agency.
  373         4.3. It is not a violation of s. 112.3143(2) or (4) for the
  374  officers or members of the board of directors of the Florida
  375  Tourism Industry Marketing Corporation to:
  376         a. Vote on the 4-year marketing plan required under s.
  377  288.923 or vote on any individual component of or amendment to
  378  the plan.
  379         b. Participate in the establishment or calculation of
  380  payments related to the private match requirements of s.
  381  288.904(3). The officer or member must file an annual disclosure
  382  describing the nature of his or her interests or the interests
  383  of his or her principals, including corporate parents and
  384  subsidiaries of his or her principal, in the private match
  385  requirements. This annual disclosure requirement satisfies the
  386  disclosure requirement of s. 112.3143(4). This disclosure must
  387  be placed either on the Florida Tourism Industry Marketing
  388  Corporation’s website or included in the minutes of each meeting
  389  of the Florida Tourism Industry Marketing Corporation’s board of
  390  directors at which the private match requirements are discussed
  391  or voted upon.
  392         Section 26. Paragraph (a) of subsection (3) of section
  393  288.9604, Florida Statutes, is amended to read:
  394         288.9604 Creation of the authority.—
  395         (3)(a)1. A director may not receive compensation for his or
  396  her services, but is entitled to necessary expenses, including
  397  travel expenses, incurred in the discharge of his or her duties.
  398  Each director shall hold office until his or her successor has
  399  been appointed.
  400         2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
  401  and (15); 112.3135; and 112.3143(2). For purposes of applying
  402  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  403  112.3143(2) to activities of directors, directors shall be
  404  considered public officers and the corporation shall be
  405  considered their agency.
  406         3. A director of the corporation may not represent another
  407  person or entity for compensation before the corporation for a
  408  period of 2 years following his or her service on the board of
  409  directors.
  410         Section 27. Paragraph (e) of subsection (4), paragraph (d)
  411  of subsection (5), and paragraph (d) of subsection (6) of
  412  section 373.536, Florida Statutes, are amended to read:
  413         373.536 District budget and hearing thereon.—
  414         (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
  415         (e) By September 1, 2012, Each district shall provide a
  416  monthly financial statement in the form and manner prescribed by
  417  the Department of Financial Services to the district’s governing
  418  board and make such monthly financial statement available for
  419  public access on its website.
  420         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
  421  APPROVAL.—
  422         (d) Each district shall, by August 1 of each year, submit
  423  for review a tentative budget and a description of any
  424  significant changes from the preliminary budget submitted to the
  425  Legislature pursuant to s. 373.535 to the Governor, the
  426  President of the Senate, the Speaker of the House of
  427  Representatives, the chairs of all legislative committees and
  428  subcommittees having substantive or fiscal jurisdiction over
  429  water management districts, as determined by the President of
  430  the Senate or the Speaker of the House of Representatives, as
  431  applicable, the secretary of the department, and the governing
  432  body of each county in which the district has jurisdiction or
  433  derives any funds for the operations of the district. The
  434  tentative budget must be posted on the district’s official
  435  website at least 2 days before budget hearings held pursuant to
  436  s. 200.065 or other law and must remain on the website for at
  437  least 45 days.
  438         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
  439  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
  440         (d) The final adopted budget must be posted on the water
  441  management district’s official website within 30 days after
  442  adoption and must remain on the website for at least 2 years.
  443         Section 28. Subsection (7) of section 838.014, Florida
  444  Statutes, is renumbered as subsection (8), present subsections
  445  (4) and (6) are amended, and a new subsection (6) is added to
  446  that section, to read:
  447         838.014 Definitions.—As used in this chapter, the term:
  448         (4) “Governmental entity” means an agency or entity of the
  449  state, a county, municipality, or special district or any other
  450  public entity created or authorized by law “Corruptly” or “with
  451  corrupt intent” means acting knowingly and dishonestly for a
  452  wrongful purpose.
  453         (6) “Public contractor” means, for purposes of ss. 838.022
  454  and 838.22 only:
  455         (a) Any person, as defined in s. 1.01(3), who has entered
  456  into a contract with a governmental entity; or
  457         (b) Any officer or employee of a person, as defined in s.
  458  1.01(3), who has entered into a contract with a governmental
  459  entity.
  460         (7)(6) “Public servant” means:
  461         (a) Any officer or employee of a governmental state,
  462  county, municipal, or special district agency or entity,;
  463  including
  464         (b) any executive, legislative, or judicial branch officer
  465  or employee;
  466         (b)(c) Any person, except a witness, who acts as a general
  467  or special magistrate, receiver, auditor, arbitrator, umpire,
  468  referee, consultant, or hearing officer while performing a
  469  governmental function; or
  470         (c)(d) A candidate for election or appointment to any of
  471  the officer positions listed in this subsection, or an
  472  individual who has been elected to, but has yet to officially
  473  assume the responsibilities of, public office.
  474         Section 29. Subsection (1) of section 838.015, Florida
  475  Statutes, is amended to read:
  476         838.015 Bribery.—
  477         (1) “Bribery” means corruptly to knowingly and
  478  intentionally give, offer, or promise to any public servant, or,
  479  if a public servant, corruptly to knowingly and intentionally
  480  request, solicit, accept, or agree to accept for himself or
  481  herself or another, any pecuniary or other benefit not
  482  authorized by law with an intent or purpose to influence the
  483  performance of any act or omission which the person believes to
  484  be, or the public servant represents as being, within the
  485  official discretion of a public servant, in violation of a
  486  public duty, or in performance of a public duty.
  487         Section 30. Subsections (1) and (2) of section 838.016,
  488  Florida Statutes, are amended to read:
  489         838.016 Unlawful compensation or reward for official
  490  behavior.—
  491         (1) It is unlawful for any person corruptly to knowingly
  492  and intentionally give, offer, or promise to any public servant,
  493  or, if a public servant, corruptly to knowingly and
  494  intentionally request, solicit, accept, or agree to accept, any
  495  pecuniary or other benefit not authorized by law, for the past,
  496  present, or future performance, nonperformance, or violation of
  497  any act or omission which the person believes to have been, or
  498  the public servant represents as having been, either within the
  499  official discretion of the public servant, in violation of a
  500  public duty, or in performance of a public duty. This section
  501  does not Nothing herein shall be construed to preclude a public
  502  servant from accepting rewards for services performed in
  503  apprehending any criminal.
  504         (2) It is unlawful for any person corruptly to knowingly
  505  and intentionally give, offer, or promise to any public servant,
  506  or, if a public servant, corruptly to knowingly and
  507  intentionally request, solicit, accept, or agree to accept, any
  508  pecuniary or other benefit not authorized by law for the past,
  509  present, or future exertion of any influence upon or with any
  510  other public servant regarding any act or omission which the
  511  person believes to have been, or which is represented to him or
  512  her as having been, either within the official discretion of the
  513  other public servant, in violation of a public duty, or in
  514  performance of a public duty.
  515         Section 31. Subsection (1) of section 838.022, Florida
  516  Statutes, is amended, and subsection (2) of that section is
  517  republished, to read:
  518         838.022 Official misconduct.—
  519         (1) It is unlawful for a public servant or public
  520  contractor, with corrupt intent to knowingly and intentionally
  521  obtain a benefit for any person or to cause unlawful harm to
  522  another, by to:
  523         (a) Falsifying Falsify, or causing cause another person to
  524  falsify, any official record or official document;
  525         (b) Concealing, covering up, destroying, mutilating, or
  526  altering Conceal, cover up, destroy, mutilate, or alter any
  527  official record or official document, except as authorized by
  528  law or contract, or causing cause another person to perform such
  529  an act; or
  530         (c) Obstructing, delaying, or preventing Obstruct, delay,
  531  or prevent the communication of information relating to the
  532  commission of a felony that directly involves or affects the
  533  government public agency or public entity served by the public
  534  servant or public contractor.
  535         (2) For the purposes of this section:
  536         (a) The term “public servant” does not include a candidate
  537  who does not otherwise qualify as a public servant.
  538         (b) An official record or official document includes only
  539  public records.
  540         Section 32. Section 838.22, Florida Statutes, is amended to
  541  read:
  542         838.22 Bid tampering.—
  543         (1) It is unlawful for a public servant or a public
  544  contractor who has contracted with a governmental entity to
  545  assist in a competitive procurement, with corrupt intent to
  546  knowingly and intentionally influence or attempt to influence
  547  the competitive solicitation bidding process undertaken by any
  548  governmental state, county, municipal, or special district
  549  agency, or any other public entity, for the procurement of
  550  commodities or services, by to:
  551         (a) Disclosing, except as authorized by law, Disclose
  552  material information concerning a vendor’s response, any
  553  evaluation results, bid or other aspects of the competitive
  554  solicitation bidding process when such information is not
  555  publicly disclosed.
  556         (b) Altering or amending Alter or amend a submitted
  557  response bid, documents or other materials supporting a
  558  submitted response bid, or any evaluation bid results relating
  559  to the competitive solicitation for the purpose of intentionally
  560  providing a competitive advantage to any person who submits a
  561  response bid.
  562         (2) It is unlawful for a public servant or a public
  563  contractor who has contracted with a governmental entity to
  564  assist in a competitive procurement, with corrupt intent to
  565  knowingly and intentionally obtain a benefit for any person or
  566  to cause unlawful harm to another by circumventing, to
  567  circumvent a competitive solicitation bidding process required
  568  by law or rule through the use of by using a sole-source
  569  contract for commodities or services.
  570         (3) It is unlawful for any person to knowingly agree,
  571  conspire, combine, or confederate, directly or indirectly, with
  572  a public servant or a public contractor who has contracted with
  573  a governmental entity to assist in a competitive procurement to
  574  violate subsection (1) or subsection (2).
  575         (4) It is unlawful for any person to knowingly enter into a
  576  contract for commodities or services which was secured by a
  577  public servant or a public contractor who has contracted with a
  578  governmental entity to assist in a competitive procurement
  579  acting in violation of subsection (1) or subsection (2).
  580         (5) Any person who violates this section commits a felony
  581  of the second degree, punishable as provided in s. 775.082, s.
  582  775.083, or s. 775.084.
  583         Section 33. Paragraph (l) of subsection (12) of section
  584  1001.42, Florida Statutes, is amended, a new subsection (27) is
  585  added to that section, and present subsection (27) of that
  586  section is renumbered as subsection (28), to read:
  587         1001.42 Powers and duties of district school board.—The
  588  district school board, acting as a board, shall exercise all
  589  powers and perform all duties listed below:
  590         (12) FINANCE.—Take steps to assure students adequate
  591  educational facilities through the financial procedure
  592  authorized in chapters 1010 and 1011 and as prescribed below:
  593         (l) Internal auditor.—May employ an internal auditor to
  594  perform ongoing financial verification of the financial records
  595  of the school district and such other audits and reviews as the
  596  district school board directs for the purpose of determining:
  597         1. The adequacy of internal controls designed to prevent
  598  and detect fraud, waste, and abuse.
  599         2. Compliance with applicable laws, rules, contracts, grant
  600  agreements, district school board-approved policies, and best
  601  practices.
  602         3. The efficiency of operations.
  603         4. The reliability of financial records and reports.
  604         5. The safeguarding of assets.
  605  
  606  The internal auditor shall report directly to the district
  607  school board or its designee.
  608         (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
  609  management and instruction, give suggestions for improvement,
  610  and advise citizens with the view of promoting interest in
  611  education and improving the school.
  612         Section 34. Paragraph (j) of subsection (9) of section
  613  1002.33, Florida Statutes, is amended to read:
  614         1002.33 Charter schools.—
  615         (9) CHARTER SCHOOL REQUIREMENTS.—
  616         (j) The governing body of the charter school shall be
  617  responsible for:
  618         1. Establishing and maintaining internal controls designed
  619  to:
  620         a. Prevent and detect fraud, waste, and abuse.
  621         b. Promote and encourage compliance with applicable laws,
  622  rules, contracts, grant agreements, and best practices.
  623         c. Support economical and efficient operations.
  624         d. Ensure reliability of financial records and reports.
  625         e. Safeguard assets.
  626         2.1. Ensuring that the charter school has retained the
  627  services of a certified public accountant or auditor for the
  628  annual financial audit, pursuant to s. 1002.345(2), who shall
  629  submit the report to the governing body.
  630         3.2. Reviewing and approving the audit report, including
  631  audit findings and recommendations for the financial recovery
  632  plan.
  633         4.a.3.a. Performing the duties in s. 1002.345, including
  634  monitoring a corrective action plan.
  635         b. Monitoring a financial recovery plan in order to ensure
  636  compliance.
  637         5.4. Participating in governance training approved by the
  638  department which must include government in the sunshine,
  639  conflicts of interest, ethics, and financial responsibility.
  640         Section 35. Present subsections (6) through (10) of section
  641  1002.37, Florida Statutes, are redesignated as subsections (7)
  642  through (11), respectively, a new subsection (6) is added to
  643  that section, and present subsections (6) and (11) of that
  644  section are amended, to read:
  645         1002.37 The Florida Virtual School.—
  646         (6) The Florida Virtual School shall have an annual
  647  financial audit of its accounts and records conducted by an
  648  independent auditor who is a certified public accountant
  649  licensed under chapter 473. The independent auditor shall
  650  conduct the audit in accordance with rules adopted by the
  651  Auditor General pursuant to s. 11.45 and, upon completion of the
  652  audit, shall prepare an audit report in accordance with such
  653  rules. The audit report must include a written statement of the
  654  board of trustees describing corrective action to be taken in
  655  response to each of the recommendations of the independent
  656  auditor included in the audit report. The independent auditor
  657  shall submit the audit report to the board of trustees and the
  658  Auditor General no later than 9 months after the end of the
  659  preceding fiscal year.
  660         (7)(6) The board of trustees shall annually submit to the
  661  Governor, the Legislature, the Commissioner of Education, and
  662  the State Board of Education the audit report prepared pursuant
  663  to subsection (6) and a complete and detailed report setting
  664  forth:
  665         (a) The operations and accomplishments of the Florida
  666  Virtual School within the state and those occurring outside the
  667  state as Florida Virtual School Global.
  668         (b) The marketing and operational plan for the Florida
  669  Virtual School and Florida Virtual School Global, including
  670  recommendations regarding methods for improving the delivery of
  671  education through the Internet and other distance learning
  672  technology.
  673         (c) The assets and liabilities of the Florida Virtual
  674  School and Florida Virtual School Global at the end of the
  675  fiscal year.
  676         (d) A copy of an annual financial audit of the accounts and
  677  records of the Florida Virtual School and Florida Virtual School
  678  Global, conducted by an independent certified public accountant
  679  and performed in accordance with rules adopted by the Auditor
  680  General.
  681         (e) Recommendations regarding the unit cost of providing
  682  services to students through the Florida Virtual School and
  683  Florida Virtual School Global. In order to most effectively
  684  develop public policy regarding any future funding of the
  685  Florida Virtual School, it is imperative that the cost of the
  686  program is accurately identified. The identified cost of the
  687  program must be based on reliable data.
  688         (e)(f) Recommendations regarding an accountability
  689  mechanism to assess the effectiveness of the services provided
  690  by the Florida Virtual School and Florida Virtual School Global.
  691         (11) The Auditor General shall conduct an operational audit
  692  of the Florida Virtual School, including Florida Virtual School
  693  Global. The scope of the audit shall include, but not be limited
  694  to, the administration of responsibilities relating to
  695  personnel; procurement and contracting; revenue production;
  696  school funds, including internal funds; student enrollment
  697  records; franchise agreements; information technology
  698  utilization, assets, and security; performance measures and
  699  standards; and accountability. The final report on the audit
  700  shall be submitted to the President of the Senate and the
  701  Speaker of the House of Representatives no later than January
  702  31, 2014.
  703         Section 36. Subsection (5) is added to section 1010.01,
  704  Florida Statutes, to read:
  705         1010.01 Uniform records and accounts.—
  706         (5) Each school district, Florida College System
  707  institution, and state university shall establish and maintain
  708  internal controls designed to:
  709         (a) Prevent and detect fraud, waste, and abuse.
  710         (b) Promote and encourage compliance with applicable laws,
  711  rules, contracts, grant agreements, and best practices.
  712         (c) Support economical and efficient operations.
  713         (d) Ensure reliability of financial records and reports.
  714         (e) Safeguard assets.
  715         Section 37. Subsection (2) of section 1010.30, Florida
  716  Statutes, is amended to read:
  717         1010.30 Audits required.—
  718         (2) If a school district, Florida College System
  719  institution, or university audit report includes a
  720  recommendation that was included in the preceding financial
  721  audit report but remains unaddressed, an audit contains a
  722  significant finding, the district school board, the Florida
  723  College System institution board of trustees, or the university
  724  board of trustees, within 60 days after the delivery of the
  725  audit report to the school district, Florida College System
  726  institution, or university, shall indicate conduct an audit
  727  overview during a regularly scheduled public meeting whether it
  728  intends to take corrective action, the intended corrective
  729  action, and the timeframe for the corrective action. If the
  730  district school board, Florida College System institution board
  731  of trustees, or university board of trustees indicates that it
  732  does not intend to take corrective action, it shall explain its
  733  decision at the public meeting.
  734  
  735  ================= T I T L E  A M E N D M E N T ================
  736  And the title is amended as follows:
  737         Delete lines 1908 - 2005
  738  and insert:
  739         compensation claims; revising minimum requirements for
  740         any policy, ordinance, rule, or resolution designed to
  741         implement a bonus scheme; requiring certain contracts
  742         into which a unit of government or state university
  743         enters to contain certain provisions regarding
  744         severance pay; requiring a unit of government to
  745         investigate and take necessary action to recover
  746         prohibited compensation; specifying methods of
  747         recovery for unintentional and willful violations;
  748         specifying applicability of procedures regarding
  749         suspension and removal of an officer who commits a
  750         willful violation; specifying circumstances under
  751         which an employee has a cause of action under the
  752         Whistle-blower’s Act; providing for applicability;
  753         amending s. 215.86, F.S.; revising the purposes for
  754         which management systems and internal controls must be
  755         established and maintained by each state agency and
  756         the judicial branch; amending s. 215.97, F.S.;
  757         revising the definition of the term “audit threshold”;
  758         amending s. 215.985, F.S.; revising the requirements
  759         for a monthly financial statement provided by a water
  760         management district; amending s. 218.32, F.S.;
  761         revising the requirements of the annual financial
  762         audit report of a local governmental entity;
  763         authorizing the Department of Financial Services to
  764         request additional information from a local
  765         governmental entity; requiring a local governmental
  766         entity to respond to such requests within a specified
  767         timeframe; requiring the department to notify the
  768         Legislative Auditing Committee of noncompliance;
  769         amending s. 218.33, F.S.; requiring local governmental
  770         entities to establish and maintain internal controls
  771         to achieve specified purposes; amending s. 218.39,
  772         F.S.; requiring an audited entity to respond to audit
  773         recommendations under specified circumstances;
  774         amending s. 218.391, F.S.; revising the composition of
  775         an audit committee; prohibiting an audit committee
  776         member from being an employee, a chief executive
  777         officer, or a chief financial officer of the
  778         respective governmental entity; requiring the chair of
  779         an audit committee to sign and execute an affidavit
  780         affirming compliance with auditor selection
  781         procedures; prescribing procedures in the event of
  782         noncompliance with auditor selection procedures;
  783         amending s. 286.0114, F.S.; prohibiting a board or
  784         commission from requiring an advance copy of testimony
  785         or comments from a member of the public as a
  786         precondition to being given the opportunity to be
  787         heard at a public meeting; amending s. 288.92, F.S.;
  788         prohibiting specified officers and board members of
  789         Enterprise Florida, Inc., from representing a person
  790         or entity for compensation before Enterprise Florida,
  791         Inc., and associated entities thereof, for a specified
  792         timeframe; amending s. 288.9604, F.S.; prohibiting a
  793         director of the Florida Development Finance
  794         Corporation from representing a person or an entity
  795         for compensation before the corporation for a
  796         specified timeframe; amending s. 373.536, F.S.;
  797         deleting obsolete language; requiring water management
  798         districts to maintain certain budget documents on the
  799         districts’ websites for a specified period; amending
  800         s. 838.014, F.S.; revising and providing definitions;
  801         amending s. 838.015, F.S.; revising the definition of
  802         the term “bribery”; revising requirements for
  803         prosecution; amending s. 838.016, F.S.; revising the
  804         prohibition against unlawful compensation or reward
  805         for official behavior to conform to changes made by
  806         the act; amending s. 838.022, F.S.; revising the
  807         prohibition against official misconduct to conform to
  808         changes made by the act; revising applicability of the
  809         offense to include public contractors; amending s.
  810         838.22, F.S.; revising the prohibition against bid
  811         tampering to conform to changes made by the act;
  812         revising applicability of the offense to include
  813         specified public contractors; amending s. 1001.42,
  814         F.S.; authorizing additional internal audits as
  815         directed by the district school board; specifying
  816         duties of the district school board regarding
  817         visitation of schools; amending s. 1002.33, F.S.;
  818         revising the responsibilities of the governing board
  819         of a charter school to include the establishment and
  820         maintenance of internal controls; amending s. 1002.37,
  821         F.S.; requiring completion of an annual financial
  822         audit of the Florida Virtual School; specifying audit
  823         requirements; requiring an audit report to be
  824         submitted to the board of trustees of the Florida
  825         Virtual School and the Auditor General; removing
  826         obsolete provisions; amending s. 1010.01, F.S.;
  827         requiring each school district, Florida College System
  828         institution, and state university to establish and
  829         maintain certain internal controls; amending s.
  830         1010.30, F.S.; requiring a district school board,
  831         Florida College System institution board of trustees,
  832         or university board of trustees to respond to audit
  833         recommendations under certain circumstances; amending
  834         ss. 99.061, 218.503, and 1002.455,