Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 686
Senate . House
Comm: RCS .
The Committee on Governmental Oversight and Accountability
(Ring) recommended the following:
1 Senate Substitute for Amendment (933068) (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (2) of section 11.40, Florida
7 Statutes, is amended to read:
8 11.40 Legislative Auditing Committee.—
9 (2) Following notification by the Auditor General, the
10 Department of Financial Services,
or the Division of Bond
11 Finance of the State Board of Administration, the Governor or
12 his or her designee, or the Commissioner of Education or his or
13 her designee of the failure of a local governmental entity,
14 district school board, charter school, or charter technical
15 career center to comply with the applicable provisions within s.
16 11.45(5)-(7), s. 218.32(1), s. 218.38, or s. 218.503(3), the
17 Legislative Auditing Committee may schedule a hearing to
18 determine if the entity should be subject to further state
19 action. If the committee determines that the entity should be
20 subject to further state action, the committee shall:
21 (a) In the case of a local governmental entity or district
22 school board, direct the Department of Revenue and the
23 Department of Financial Services to withhold any funds not
24 pledged for bond debt service satisfaction which are payable to
25 such entity until the entity complies with the law. The
26 committee shall specify the date that such action must shall
27 begin, and the directive must be received by the Department of
28 Revenue and the Department of Financial Services 30 days before
29 the date of the distribution mandated by law. The Department of
30 Revenue and the Department of Financial Services may implement
31 the provisions of this paragraph.
32 (b) In the case of a special district created by:
33 1. A special act, notify the President of the Senate, the
34 Speaker of the House of Representatives, the standing committees
35 of the Senate and the House of Representatives charged with
36 special district oversight as determined by the presiding
37 officers of each respective chamber, the legislators who
38 represent a portion of the geographical jurisdiction of the
39 special district pursuant to s. 189.034(2), and the Department
40 of Economic Opportunity that the special district has failed to
41 comply with the law. Upon receipt of notification, the
42 Department of Economic Opportunity shall proceed pursuant to s.
43 189.062 or s. 189.067. If the special district remains in
44 noncompliance after the process set forth in s. 189.034(3), or
45 if a public hearing is not held, the Legislative Auditing
46 Committee may request the department to proceed pursuant to s.
48 2. A local ordinance, notify the chair or equivalent of the
49 local general-purpose government pursuant to s. 189.035(2) and
50 the Department of Economic Opportunity that the special district
51 has failed to comply with the law. Upon receipt of notification,
52 the department shall proceed pursuant to s. 189.062 or s.
53 189.067. If the special district remains in noncompliance after
54 the process set forth in s. 189.034(3), or if a public hearing
55 is not held, the Legislative Auditing Committee may request the
56 department to proceed pursuant to s. 189.067(3).
57 3. Any manner other than a special act or local ordinance,
58 notify the Department of Economic Opportunity that the special
59 district has failed to comply with the law. Upon receipt of
60 notification, the department shall proceed pursuant to s.
61 189.062 or s. 189.067(3).
62 (c) In the case of a charter school or charter technical
63 career center, notify the appropriate sponsoring entity, which
64 may terminate the charter pursuant to ss. 1002.33 and 1002.34.
65 Section 2. Subsection (1), paragraph (j) of subsection (2),
66 paragraph (u) of subsection (3), and paragraph (i) of subsection
67 (7) of section 11.45, Florida Statutes, are amended, and
68 paragraph (x) is added to subsection (3) of that section, to
70 11.45 Definitions; duties; authorities; reports; rules.—
71 (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
72 (a) “Abuse” means behavior that is deficient or improper
73 when compared with behavior that a prudent person would consider
74 a reasonable and necessary operational practice given the facts
75 and circumstances. The term includes the misuse of authority or
76 position for personal gain.
77 (b) (a) “Audit” means a financial audit, operational audit,
78 or performance audit.
79 (c) (b) “County agency” means a board of county
80 commissioners or other legislative and governing body of a
81 county, however styled, including that of a consolidated or
82 metropolitan government, a clerk of the circuit court, a
83 separate or ex officio clerk of the county court, a sheriff, a
84 property appraiser, a tax collector, a supervisor of elections,
85 or any other officer in whom any portion of the fiscal duties of
86 a body or officer expressly stated in this paragraph are the
87 above are under law separately placed by law.
88 (d) (c) “Financial audit” means an examination of financial
89 statements in order to express an opinion on the fairness with
90 which they are presented in conformity with generally accepted
91 accounting principles and an examination to determine whether
92 operations are properly conducted in accordance with legal and
93 regulatory requirements. Financial audits must be conducted in
94 accordance with auditing standards generally accepted in the
95 United States and government auditing standards as adopted by
96 the Board of Accountancy. When applicable, the scope of
97 financial audits must shall encompass the additional activities
98 necessary to establish compliance with the Single Audit Act
99 Amendments of 1996, 31 U.S.C. ss. 7501-7507, and other
100 applicable federal law.
101 (e) “Fraud” means obtaining something of value through
102 willful misrepresentation, including, but not limited to, the
103 intentional misstatements or omissions of amounts or disclosures
104 in financial statements to deceive users of financial
105 statements, theft of an entity’s assets, bribery, or the use of
106 one’s position for personal enrichment through the deliberate
107 misuse or misapplication of an organization’s resources.
108 (f) (d) “Governmental entity” means a state agency, a county
109 agency, or any other entity, however styled, that independently
110 exercises any type of state or local governmental function.
111 (g) (e) “Local governmental entity” means a county agency,
112 municipality, tourist development council, county tourism
113 promotion agency, or special district as defined in s. 189.012.
114 The term , but does not include any housing authority established
115 under chapter 421.
116 (h) (f) “Management letter” means a statement of the
117 auditor’s comments and recommendations.
118 (i) (g) “Operational audit” means an audit whose purpose is
119 to evaluate management’s performance in establishing and
120 maintaining internal controls, including controls designed to
121 prevent and detect fraud, waste, and abuse, and in administering
122 assigned responsibilities in accordance with applicable laws,
123 administrative rules, contracts, grant agreements, and other
124 guidelines. Operational audits must be conducted in accordance
125 with government auditing standards. Such audits examine internal
126 controls that are designed and placed in operation to promote
127 and encourage the achievement of management’s control objectives
128 in the categories of compliance, economic and efficient
129 operations, reliability of financial records and reports, and
130 safeguarding of assets, and identify weaknesses in those
131 internal controls.
132 (j) (h) “Performance audit” means an examination of a
133 program, activity, or function of a governmental entity,
134 conducted in accordance with applicable government auditing
135 standards or auditing and evaluation standards of other
136 appropriate authoritative bodies. The term includes an
137 examination of issues related to:
138 1. Economy, efficiency, or effectiveness of the program.
139 2. Structure or design of the program to accomplish its
140 goals and objectives.
141 3. Adequacy of the program to meet the needs identified by
142 the Legislature or governing body.
143 4. Alternative methods of providing program services or
145 5. Goals, objectives, and performance measures used by the
146 agency to monitor and report program accomplishments.
147 6. The accuracy or adequacy of public documents, reports,
148 or requests prepared under the program by state agencies.
149 7. Compliance of the program with appropriate policies,
150 rules, or laws.
151 8. Any other issues related to governmental entities as
152 directed by the Legislative Auditing Committee.
153 (k) (i) “Political subdivision” means a separate agency or
154 unit of local government created or established by law and
155 includes, but is not limited to, the following and the officers
156 thereof: authority, board, branch, bureau, city, commission,
157 consolidated government, county, department, district,
158 institution, metropolitan government, municipality, office,
159 officer, public corporation, town, or village.
160 (l) (j) “State agency” means a separate agency or unit of
161 state government created or established by law and includes, but
162 is not limited to, the following and the officers thereof:
163 authority, board, branch, bureau, commission, department,
164 division, institution, office, officer, or public corporation,
165 as the case may be, except any such agency or unit within the
166 legislative branch of state government other than the Florida
167 Public Service Commission.
168 (m) “Waste” means the act of using or expending resources
169 unreasonably, carelessly, extravagantly, or for no useful
171 (2) DUTIES.—The Auditor General shall:
172 (j) Conduct audits of local governmental entities when
173 determined to be necessary by the Auditor General, when directed
174 by the Legislative Auditing Committee, or when otherwise
175 required by law. No later than 18 months after the release of
176 the audit report, the Auditor General shall perform such
177 appropriate followup procedures as he or she deems necessary to
178 determine the audited entity’s progress in addressing the
179 findings and recommendations contained within the Auditor
180 General’s previous report. The Auditor General shall notify each
181 member of the audited entity’s governing body and the
182 Legislative Auditing Committee of the results of his or her
183 determination. For purposes of this paragraph, local
184 governmental entities do not include water management districts.
186 The Auditor General shall perform his or her duties
187 independently but under the general policies established by the
188 Legislative Auditing Committee. This subsection does not limit
189 the Auditor General’s discretionary authority to conduct other
190 audits or engagements of governmental entities as authorized in
191 subsection (3).
192 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
193 General may, pursuant to his or her own authority, or at the
194 direction of the Legislative Auditing Committee, conduct audits
195 or other engagements as determined appropriate by the Auditor
196 General of:
197 (u) The Florida Virtual School pursuant to s. 1002.37.
198 (x) Tourist development councils and county tourism
199 promotion agencies.
200 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
201 (i) The Auditor General shall annually transmit by July 15,
202 to the President of the Senate, the Speaker of the House of
203 Representatives, and the Department of Financial Services, a
204 list of all school districts, charter schools, charter technical
205 career centers, Florida College System institutions, state
206 universities, and local governmental entities water management
207 districts that have failed to comply with the transparency
208 requirements as identified in the audit reports reviewed
209 pursuant to paragraph (b) and those conducted pursuant to
210 subsection (2).
211 Section 3. Section 20.602, Florida Statutes, is created to
213 20.602 Standards of conduct; officers and board members of
214 Department of Economic Opportunity corporate entities.—
215 (1) The following officers and board members are subject to
216 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
218 (a) Officers and members of the board of directors of:
219 1. Any corporation created under chapter 288;
220 2. Space Florida;
221 3. CareerSource Florida, Inc., or the programs or entities
222 created by CareerSource Florida, Inc., pursuant to s. 445.004;
223 4. The Florida Housing Finance Corporation; or
224 5. Any other corporation created by the Department of
225 Economic Opportunity in accordance with its powers and duties
226 under s. 20.60.
227 (b) Officers and members of the board of directors of a
228 corporate parent or subsidiary corporation of a corporation
229 described in paragraph (a).
230 (c) Officers and members of the board of directors of a
231 corporation created to carry out the missions of a corporation
232 described in paragraph (a).
233 (d) Officers and members of the board of directors of a
234 corporation with which a corporation described in paragraph (a)
235 is required by law to contract with to carry out its missions.
236 (2) For purposes of applying ss. 112.313(1)-(8), (10),
237 (12), and (15); 112.3135; and 112.3143(2) to activities of the
238 officers and members of the board of directors specified in
239 subsection (1), those persons shall be considered public
240 officers or employees and the corporation shall be considered
241 their agency.
242 (3) For a period of 2 years after retirement from or
243 termination of service, or for a period of 10 years if removed
244 or terminated for cause or for misconduct, as defined in s.
245 443.036(29), an officer or a member of the board of directors
246 specified in subsection (1) may not represent another person or
247 entity for compensation before:
248 (a) His or her corporation;
249 (b) A division, a subsidiary, or the board of directors of
250 a corporation created to carry out the mission of his or her
251 corporation; or
252 (c) A corporation with which the corporation is required by
253 law to contract to carry out its missions.
254 (4) This section does not supersede any additional or more
255 stringent standards of conduct applicable to an officer or a
256 member of the board of directors of an entity specified in
257 subsection (1) prescribed by any other provision of law.
258 Section 4. Paragraph (d) of subsection (2) of section
259 28.35, Florida Statutes, is amended to read:
260 28.35 Florida Clerks of Court Operations Corporation.—
261 (2) The duties of the corporation shall include the
263 (d) Developing and certifying a uniform system of workload
264 measures and applicable workload standards for court-related
265 functions as developed by the corporation and clerk workload
266 performance in meeting the workload performance standards. These
267 workload measures and workload performance standards shall be
268 designed to facilitate an objective determination of the
269 performance of each clerk in accordance with minimum standards
270 for fiscal management, operational efficiency, and effective
271 collection of fines, fees, service charges, and court costs. The
272 corporation shall develop the workload measures and workload
273 performance standards in consultation with the Legislature. When
274 the corporation finds a clerk has not met the workload
275 performance standards, the corporation shall identify the nature
276 of each deficiency and any corrective action recommended and
277 taken by the affected clerk of the court. For quarterly periods
278 ending on the last day of March, June, September, and December
279 of each year, the corporation shall notify the Legislature of
280 any clerk not meeting workload performance standards and provide
281 a copy of any corrective action plans. Such notifications shall
282 be submitted no later than 45 days after the end of the
283 preceding quarterly period. As used in this subsection, the
285 1. “Workload measures” means the measurement of the
286 activities and frequency of the work required for the clerk to
287 adequately perform the court-related duties of the office as
288 defined by the membership of the Florida Clerks of Court
289 Operations Corporation.
290 2. “Workload performance standards” means the standards
291 developed to measure the timeliness and effectiveness of the
292 activities that are accomplished by the clerk in the performance
293 of the court-related duties of the office as defined by the
294 membership of the Florida Clerks of Court Operations
296 Section 5. Present subsections (6) and (7) of section
297 43.16, Florida Statutes, are redesignated as subsections (7) and
298 (8), respectively, and a new subsection (6) is added to that
299 section, to read:
300 43.16 Justice Administrative Commission; membership, powers
301 and duties.—
302 (6) The commission, each state attorney, each public
303 defender, the criminal conflict and civil regional counsel, the
304 capital collateral regional counsel, and the Guardian Ad Litem
305 Program shall establish and maintain internal controls designed
307 (a) Prevent and detect fraud, waste, and abuse.
308 (b) Promote and encourage compliance with applicable laws,
309 rules, contracts, grant agreements, and best practices.
310 (c) Support economical and efficient operations.
311 (d) Ensure reliability of financial records and reports.
312 (e) Safeguard assets.
313 Section 6. Section 112.3126, Florida Statutes, is created
314 to read:
315 112.3126 Employment restrictions; legislators.—
316 (1) As used in this section, the term “private entity”
317 means any nongovernmental entity, such as a corporation,
318 partnership, company or nonprofit organization, any other legal
319 entity, or any natural person.
320 (2)(a) A member of, or candidate for, the Legislature may
321 not accept employment with a private entity that directly
322 receives funding through state revenues appropriated by the
323 General Appropriations Act if he or she knows, or with the
324 exercise of reasonable care should know, that the position is
325 being offered by the employer for the purpose of gaining
326 influence or other advantage based on the legislator’s office or
327 candidacy. Any employment with a private entity that directly
328 receives funding through state revenues appropriated by the
329 General Appropriations Act accepted by a member or candidate
330 must meet all of the following conditions:
331 1. The position was already in existence or was created by
332 the employer without the knowledge or anticipation of the
333 legislator’s interest in such position;
334 2. The position was open to other applicants;
335 3. The legislator was subject to the same application and
336 hiring process as other candidates for the position; and
337 4. The legislator meets or exceeds the required
338 qualifications for the position.
339 (b) A member of the Legislature who is employed by such
340 private entity before his or her legislative service begins may
341 continue his or her employment. However, he or she may not
342 accept promotion, advancement, additional compensation, or
343 anything of value that he or she knows, or with the exercise of
344 reasonable care should know, is provided or given to influence
345 or attempt to influence his or her legislative office, or that
346 is otherwise inconsistent with the promotion, advancement,
347 additional compensation, or anything of value provided or given
348 an employee who is similarly situated.
349 Section 7. Subsection (7) of section 112.313, Florida
350 Statutes, is amended to read:
351 112.313 Standards of conduct for public officers, employees
352 of agencies, and local government attorneys.—
353 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
354 (a) A No public officer or employee of an agency may not
355 shall have or hold any employment or contractual relationship
356 with any business entity or any agency that which is subject to
357 the regulation of, or is doing business with, an agency of which
358 he or she is an officer or employee, excluding those
359 organizations and their officers who, when acting in their
360 official capacity, enter into or negotiate a collective
361 bargaining contract with the state or any municipality, county,
362 or other political subdivision of the state; and nor shall an
363 officer or employee of an agency may not have or hold any
364 employment or contractual relationship that will create a
365 continuing or frequently recurring conflict between his or her
366 private interests and the performance of his or her public
367 duties or that would impede the full and faithful discharge of
368 his or her public duties. For purposes of this subsection, if a
369 public officer or employee of an agency holds a controlling
370 interest in a business entity or is an officer, a director, or a
371 member who manages such an entity, contractual relationships
372 held by the business entity are deemed to be held by the public
373 officer or employee.
374 1. When the agency referred to is a that certain kind of
375 special tax district created by general or special law and is
376 limited specifically to constructing, maintaining, managing, and
377 financing improvements in the land area over which the agency
378 has jurisdiction, or when the agency has been organized pursuant
379 to chapter 298, then employment with, or entering into a
380 contractual relationship with, such a business entity by a
381 public officer or employee of such an agency is shall not be
382 prohibited by this subsection or be deemed a conflict per se.
383 However, conduct by such officer or employee that is prohibited
384 by, or otherwise frustrates the intent of, this section must
385 shall be deemed a conflict of interest in violation of the
386 standards of conduct set forth by this section.
387 2. When the agency referred to is a legislative body and
388 the regulatory power over the business entity resides in another
389 agency, or when the regulatory power that which the legislative
390 body exercises over the business entity or agency is strictly
391 through the enactment of laws or ordinances, then employment or
392 a contractual relationship with such a business entity by a
393 public officer or employee of a legislative body is shall not be
394 prohibited by this subsection or be deemed a conflict.
395 (b) This subsection does shall not prohibit a public
396 officer or employee from practicing in a particular profession
397 or occupation when such practice by persons holding such public
398 office or employment is required or permitted by law or
400 Section 8. Subsections (1) and (2) of section 112.3144,
401 Florida Statutes, are amended to read:
402 112.3144 Full and public disclosure of financial
404 (1) In addition to officers specified in s. 8, Art. II of
405 the State Constitution or other state law, all elected municipal
406 officers are required to file a full and public disclosure of
407 their financial interests. An officer who is required by s. 8,
408 Art. II of the State Constitution to file a full and public
409 disclosure of his or her financial interests for any calendar or
410 fiscal year shall file that disclosure with the Florida
411 Commission on Ethics. Additionally, beginning January 1, 2015,
412 An officer who is required to complete annual ethics training
413 pursuant to s. 112.3142 must certify on his or her full and
414 public disclosure of financial interests that he or she has
415 completed the required training.
416 (2) A person who is required , pursuant to s. 8, Art. II of
417 the State Constitution, to file a full and public disclosure of
418 financial interests and who has filed a full and public
419 disclosure of financial interests for any calendar or fiscal
420 year is shall not be required to file a statement of financial
421 interests pursuant to s. 112.3145(2) and (3) for the same year
422 or for any part thereof notwithstanding any requirement of this
423 part. If an incumbent in an elective office has filed the full
424 and public disclosure of financial interests to qualify for
425 election to the same office or if a candidate for office holds
426 another office subject to the annual filing requirement, the
427 qualifying officer shall forward an electronic copy of the full
428 and public disclosure of financial interests to the commission
429 no later than July 1. The electronic copy of the full and public
430 disclosure of financial interests satisfies the annual
431 disclosure requirement of this section. A candidate who does not
432 qualify until after the annual full and public disclosure of
433 financial interests has been filed pursuant to this section
434 shall file a copy of his or her disclosure with the officer
435 before whom he or she qualifies.
436 Section 9. The amendment made to s. 112.3144, Florida
437 Statutes, by this act applies to disclosures filed for the 2016
438 calendar year and all subsequent calendar years.
439 Section 10. Subsection (1) of section 112.31455, Florida
440 Statutes, is amended to read:
441 112.31455 Collection methods for unpaid automatic fines for
442 failure to timely file disclosure of financial interests.—
443 (1) Before referring any unpaid fine accrued pursuant to s.
444 112.3144(5) or s. 112.3145(7) to the Department of Financial
445 Services, the commission shall attempt to determine whether the
446 individual owing such a fine is a current public officer or
447 current public employee. If so, the commission may notify the
448 Chief Financial Officer or the governing body of the appropriate
449 county, municipality, school district, or special district of
450 the total amount of any fine owed to the commission by such
452 (a) After receipt and verification of the notice from the
453 commission, the Chief Financial Officer or the governing body of
454 the county, municipality, school district, or special district
455 shall begin withholding the lesser of 10 percent or the maximum
456 amount allowed under federal law from any salary-related
457 payment. The withheld payments shall be remitted to the
458 commission until the fine is satisfied.
459 (b) The Chief Financial Officer or the governing body of
460 the county, municipality, school district, or special district
461 may retain an amount of each withheld payment, as provided in s.
462 77.0305, to cover the administrative costs incurred under this
464 Section 11. Section 112.3261, Florida Statutes, is amended
465 to read:
466 112.3261 Lobbying before governmental entities water
467 management districts; registration and reporting.—
468 (1) As used in this section, the term:
469 (a) “Governmental entity” or “entity” “District” means a
470 water management district created in s. 373.069 and operating
471 under the authority of chapter 373, a hospital district, a
472 children’s services district, an expressway authority as the
473 term “authority” is defined in s. 348.0002, the term “port
474 authority” as defined in s. 315.02, a county or municipality
475 that has not adopted lobbyist registration and reporting
476 requirements, or an independent special district with annual
477 revenues of more than $5 million which exercises ad valorem
478 taxing authority.
479 (b) “Lobbies” means seeking, on behalf of another person,
480 to influence a governmental entity district with respect to a
481 decision of the entity district in an area of policy or
482 procurement or an attempt to obtain the goodwill of an a
483 district official or employee of a governmental entity. The term
484 “lobbies” shall be interpreted and applied consistently with the
485 rules of the commission implementing s. 112.3215.
486 (c) “Lobbyist” has the same meaning as provided in s.
488 (d) “Principal” has the same meaning as provided in s.
490 (2) A person may not lobby a governmental entity district
491 until such person has registered as a lobbyist with that entity
492 district. Such registration shall be due upon initially being
493 retained to lobby and is renewable on a calendar-year basis
494 thereafter. Upon registration, the person shall provide a
495 statement signed by the principal or principal’s representative
496 stating that the registrant is authorized to represent the
497 principal. The principal shall also identify and designate its
498 main business on the statement authorizing that lobbyist
499 pursuant to a classification system approved by the governmental
500 entity district. Any changes to the information required by this
501 section must be disclosed within 15 days by filing a new
502 registration form. The registration form must shall require each
503 lobbyist to disclose, under oath, the following:
504 (a) The lobbyist’s name and business address.
505 (b) The name and business address of each principal
507 (c) The existence of any direct or indirect business
508 association, partnership, or financial relationship with an
509 official any officer or employee of a governmental entity
510 district with which he or she lobbies or intends to lobby.
511 (d) A governmental entity shall create a lobbyist
512 registration form modeled after the In lieu of creating its own
513 lobbyist registration forms, a district may accept a completed
514 legislative branch or executive branch lobbyist registration
515 form, which must be returned to the governmental entity.
516 (3) A governmental entity district shall make lobbyist
517 registrations available to the public. If a governmental entity
518 district maintains a website, a database of currently registered
519 lobbyists and principals must be available on the entity’s
520 district’s website.
521 (4) A lobbyist shall promptly send a written statement to
522 the governmental entity district canceling the registration for
523 a principal upon termination of the lobbyist’s representation of
524 that principal. A governmental entity district may remove the
525 name of a lobbyist from the list of registered lobbyists if the
526 principal notifies the entity district that a person is no
527 longer authorized to represent that principal.
528 (5) A governmental entity district may establish an annual
529 lobbyist registration fee, not to exceed $40, for each principal
530 represented. The governmental entity district may use
531 registration fees only to administer this section.
532 (6) A governmental entity district shall be diligent to
533 ascertain whether persons required to register pursuant to this
534 section have complied. A governmental entity district may not
535 knowingly authorize a person who is not registered pursuant to
536 this section to lobby the entity district.
537 (7) Upon receipt of a sworn complaint alleging that a
538 lobbyist or principal has failed to register with a governmental
539 entity district or has knowingly submitted false information in
540 a report or registration required under this section, the
541 commission shall investigate a lobbyist or principal pursuant to
542 the procedures established under s. 112.324. The commission
543 shall provide the Governor with a report of its findings and
544 recommendations in any investigation conducted pursuant to this
545 subsection. The Governor is authorized to enforce the
546 commission’s findings and recommendations.
547 (8) A governmental entity Water management districts may
548 adopt rules to establish procedures to govern the registration
549 of lobbyists, including the adoption of forms and the
550 establishment of a lobbyist registration fee.
551 Section 12. Paragraph (c) of subsection (3) of section
552 129.03, Florida Statutes, is amended to read:
553 129.03 Preparation and adoption of budget.—
554 (3) The county budget officer, after tentatively
555 ascertaining the proposed fiscal policies of the board for the
556 next fiscal year, shall prepare and present to the board a
557 tentative budget for the next fiscal year for each of the funds
558 provided in this chapter, including all estimated receipts,
559 taxes to be levied, and balances expected to be brought forward
560 and all estimated expenditures, reserves, and balances to be
561 carried over at the end of the year.
562 (c) The board shall hold public hearings to adopt tentative
563 and final budgets pursuant to s. 200.065. The hearings shall be
564 primarily for the purpose of hearing requests and complaints
565 from the public regarding the budgets and the proposed tax
566 levies and for explaining the budget and any proposed or adopted
567 amendments. The tentative budget must be posted on the county’s
568 official website at least 2 days before the public hearing to
569 consider such budget and must remain on the website for at least
570 45 days. The final budget must be posted on the website within
571 30 days after adoption and must remain on the website for at
572 least 2 years. The tentative budgets, adopted tentative budgets,
573 and final budgets shall be filed in the office of the county
574 auditor as a public record. Sufficient reference in words and
575 figures to identify the particular transactions must shall be
576 made in the minutes of the board to record its actions with
577 reference to the budgets.
578 Section 13. Paragraph (f) of subsection (2) of section
579 129.06, Florida Statutes, is amended to read:
580 129.06 Execution and amendment of budget.—
581 (2) The board at any time within a fiscal year may amend a
582 budget for that year, and may within the first 60 days of a
583 fiscal year amend the budget for the prior fiscal year, as
585 (f) Unless otherwise prohibited by law, if an amendment to
586 a budget is required for a purpose not specifically authorized
587 in paragraphs (a)-(e), the amendment may be authorized by
588 resolution or ordinance of the board of county commissioners
589 adopted following a public hearing.
590 1. The public hearing must be advertised at least 2 days,
591 but not more than 5 days, before the date of the hearing. The
592 advertisement must appear in a newspaper of paid general
593 circulation and must identify the name of the taxing authority,
594 the date, place, and time of the hearing, and the purpose of the
595 hearing. The advertisement must also identify each budgetary
596 fund to be amended, the source of the funds, the use of the
597 funds, and the total amount of each fund’s appropriations.
598 2. If the board amends the budget pursuant to this
599 paragraph, the adopted amendment must be posted on the county’s
600 official website within 5 days after adoption and must remain on
601 the website for at least 2 years.
602 Section 14. Subsections (3) and (5) of section 166.241,
603 Florida Statutes, are amended to read:
604 166.241 Fiscal years, budgets, and budget amendments.—
605 (3) The tentative budget must be posted on the
606 municipality’s official website at least 2 days before the
607 budget hearing, held pursuant to s. 200.065 or other law, to
608 consider such budget, and must remain on the website for at
609 least 45 days. The final adopted budget must be posted on the
610 municipality’s official website within 30 days after adoption
611 and must remain on the website for at least 2 years. If the
612 municipality does not operate an official website, the
613 municipality must, within a reasonable period of time as
614 established by the county or counties in which the municipality
615 is located, transmit the tentative budget and final budget to
616 the manager or administrator of such county or counties who
617 shall post the budgets on the county’s website.
618 (5) If the governing body of a municipality amends the
619 budget pursuant to paragraph (4)(c), the adopted amendment must
620 be posted on the official website of the municipality within 5
621 days after adoption and must remain on the website for at least
622 2 years. If the municipality does not operate an official
623 website, the municipality must, within a reasonable period of
624 time as established by the county or counties in which the
625 municipality is located, transmit the adopted amendment to the
626 manager or administrator of such county or counties who shall
627 post the adopted amendment on the county’s website.
628 Section 15. Subsections (4) and (7) of section 189.016,
629 Florida Statutes, are amended to read:
630 189.016 Reports; budgets; audits.—
631 (4) The tentative budget must be posted on the special
632 district’s official website at least 2 days before the budget
633 hearing, held pursuant to s. 200.065 or other law, to consider
634 such budget, and must remain on the website for at least 45
635 days. The final adopted budget must be posted on the special
636 district’s official website within 30 days after adoption and
637 must remain on the website for at least 2 years. If the special
638 district does not operate an official website, the special
639 district must, within a reasonable period of time as established
640 by the local general-purpose government or governments in which
641 the special district is located or the local governing authority
642 to which the district is dependent, transmit the tentative
643 budget or final budget to the manager or administrator of the
644 local general-purpose government or the local governing
645 authority. The manager or administrator shall post the tentative
646 budget or final budget on the website of the local general
647 purpose government or governing authority. This subsection and
648 subsection (3) do not apply to water management districts as
649 defined in s. 373.019.
650 (7) If the governing body of a special district amends the
651 budget pursuant to paragraph (6)(c), the adopted amendment must
652 be posted on the official website of the special district within
653 5 days after adoption and must remain on the website for at
654 least 2 years. If the special district does not operate an
655 official website, the special district must, within a reasonable
656 period of time as established by the local general-purpose
657 government or governments in which the special district is
658 located or the local governing authority to which the district
659 is dependent, transmit the adopted amendment to the manager or
660 administrator of the local general-purpose government or
661 governing authority. The manager or administrator shall post the
662 adopted amendment on the website of the local general-purpose
663 government or governing authority.
664 Section 16. Present subsections (1) through (5) of section
665 215.425, Florida Statutes, are renumbered as subsections (2)
666 through (6), respectively, present subsection (2) and paragraph
667 (a) of present subsection (4) of that section are amended, and a
668 new subsection (1) and subsections (7) through (13) are added to
669 that section, to read:
670 215.425 Extra compensation claims prohibited; bonuses;
671 severance pay.—
672 (1) As used in this section, the term “public funds” means
673 any taxes, tuition, grants, fines, fees, or other charges or any
674 other type of revenue collected by the state or any county,
675 municipality, special district, school district, Florida College
676 System institution, state university, or other separate unit of
677 government created pursuant to law, including any office,
678 department, agency, division, subdivision, political
679 subdivision, board, bureau, or commission of such entities.
680 (3) (2) Notwithstanding subsection (2), if the payment and
681 receipt does not otherwise violate part III of chapter 112, the
682 following funds may be used to provide extra compensation or
683 severance pay in excess of the amount specified in subparagraph
685 (a) Revenues received by state universities through or from
686 faculty practice plans; health services support organizations;
687 hospitals with which state universities are affiliated; direct
688 support organizations; or federal, auxiliary, or private
689 sources, except for tuition.
690 (b) Revenues received by Florida College System
691 institutions through or from faculty practice plans; health
692 services support organizations; direct-support organizations; or
693 federal, auxiliary, or private sources, except for tuition.
694 (c) Revenues that are received by a hospital licensed under
695 chapter 395 which has entered into a Medicaid provider contract
696 and that:
697 1. Are not derived from the levy of an ad valorem tax;
698 2. Are not derived from patient services paid through the
699 Medicaid or Medicare program;
700 3. Are derived from patient services pursuant to contracts
701 with private insurers or private managed care entities; or
702 4. Are not appropriated by the Legislature or by any
703 county, municipality, special district, school district, Florida
704 College System institution, state university, or other separate
705 unit of government created pursuant to law, including any
706 office, department, agency, division, subdivision, political
707 subdivision, board, bureau, commission, authority, or
708 institution of such entities, except for revenues otherwise
709 authorized to be used pursuant to subparagraphs 2. and 3. This
710 section does not apply to:
711 (a) a bonus or severance pay that is paid wholly from
712 nontax revenues and nonstate-appropriated funds, the payment and
713 receipt of which does not otherwise violate part III of chapter
714 112, and which is paid to an officer, agent, employee, or
715 contractor of a public hospital that is operated by a county or
716 a special district; or
717 (d) (b) A clothing and maintenance allowance given to
718 plainclothes deputies pursuant to s. 30.49.
719 (e) Revenues or fees received by a seaport or airport from
720 sources other than through the levy of a tax, or funds
721 appropriated by any county or municipality or the Legislature.
722 (5)(a) (4)(a) On or after July 1, 2011, A unit of
723 government, on or after July 1, 2011, or a state university, on
724 or after July 1, 2012, that is a party to enters into a contract
725 or employment agreement, or renewal or renegotiation of an
726 existing contract or employment agreement, that contains a
727 provision for severance pay with an officer, agent, employee, or
728 contractor must include the following provisions in the
730 1. A requirement that severance pay paid from public funds
731 provided may not exceed an amount greater than 20 weeks of
733 2. A prohibition of provision of severance pay paid from
734 public funds when the officer, agent, employee, or contractor
735 has been fired for misconduct, as defined in s. 443.036(29), by
736 the unit of government.
737 (7) Upon discovery or notification that a unit of
738 government has provided prohibited compensation to any officer,
739 agent, employee, or contractor in violation of this section,
740 such unit of government shall investigate and take all necessary
741 action to recover the prohibited compensation.
742 (a) If the violation was unintentional, the unit of
743 government shall recover the prohibited compensation from the
744 individual receiving the prohibited compensation through normal
745 recovery methods for overpayments.
746 (b) If the violation was willful, the unit of government
747 shall recover the prohibited compensation from either the
748 individual receiving the prohibited compensation or the
749 individual or individuals responsible for approving the
750 prohibited compensation. Each individual determined to have
751 willfully violated this section is jointly and severally liable
752 for repayment of the prohibited compensation.
753 (8) A person who willfully violates this section commits a
754 misdemeanor of the first degree, punishable as provided in s.
755 775.082 or s. 775.083.
756 (9) An officer who exercises the powers and duties of a
757 state or county officer and willfully violates this section is
758 subject to the Governor’s power under s. 7(a), Art. IV of the
759 State Constitution. An officer who exercises powers and duties
760 other than those of a state or county officer and willfully
761 violates this section is subject to the suspension and removal
762 procedures under s. 112.51.
763 (10)(a) A person who reports a violation of this section is
764 eligible for a reward of at least $500, or the lesser of 10
765 percent of the funds recovered or $10,000 per incident of a
766 prohibited compensation payment recovered by the unit of
767 government, depending upon the extent to which the person
768 substantially contributed to the discovery, notification, and
769 recovery of such prohibited payment.
770 (b) In the event that the recovery of the prohibited
771 compensation is based primarily on disclosures of specific
772 information, other than information provided by such person,
773 relating to allegations or transactions in a criminal, civil, or
774 administrative hearing; in a legislative, administrative,
775 inspector general, or other government report; in an auditor
776 general report, hearing, audit, or investigation; or from the
777 news media, such person is not eligible for a reward, or for an
778 award of a portion of the proceeds or payment of attorney fees
779 and costs pursuant to s. 68.085.
780 (c) If it is determined that the person who reported a
781 violation of this section was involved in the authorization,
782 approval, or receipt of the prohibited compensation or is
783 convicted of criminal conduct arising from his or her role in
784 the authorization, approval, or receipt of the prohibited
785 compensation, such person is not eligible for a reward, or for
786 an award of a portion of the proceeds or payment of attorney
787 fees and costs pursuant to s. 68.085.
788 (11) An employee who is discharged, demoted, suspended,
789 threatened, harassed, or in any manner discriminated against in
790 the terms and conditions of employment by his or her employer
791 because of lawful acts done by the employee on behalf of the
792 employee or others in furtherance of an action under this
793 section, including investigation for initiation of, testimony
794 for, or assistance in an action filed or to be filed under this
795 section, has a cause of action under s. 112.3187.
796 (12) If the unit of government fails to recover prohibited
797 compensation for a willful violation of this section upon
798 discovery and notification of such prohibited payment within 90
799 days, a cause of action may be brought to:
800 (a) Recover state funds in accordance with ss. 68.082 and
802 (b) Recover other funds by the Department of Legal Affairs
803 using the procedures set forth in ss. 68.082 and 68.083, except
804 that venue shall lie in the circuit court of the county in which
805 the unit of government is located.
806 (c) Recover other funds by a person using the procedures
807 set forth in ss. 68.082 and 68.083, except that venue shall lie
808 in the circuit court of the county in which the unit of
809 government is located.
810 (13) Subsections (7)-(12) apply prospectively to contracts
811 or employment agreements, or the renewal or renegotiation of an
812 existing contract or employment agreement, effective on or after
813 October 1, 2016.
814 Section 17. Section 215.86, Florida Statutes, is amended to
816 215.86 Management systems and controls.—Each state agency
817 and the judicial branch as defined in s. 216.011 shall establish
818 and maintain management systems and internal controls designed
820 (1) Prevent and detect fraud, waste, and abuse. that
821 (2) Promote and encourage compliance with applicable laws,
822 rules, contracts, grant agreements, and best practices. ;
823 (3) Support economical and economic, efficient , and
824 effective operations. ;
825 (4) Ensure reliability of financial records and reports. ;
826 (5) Safeguard and safeguarding of assets. Accounting
827 systems and procedures shall be designed to fulfill the
828 requirements of generally accepted accounting principles.
829 Section 18. Paragraph (a) of subsection (2) of section
830 215.97, Florida Statutes, is amended to read:
831 215.97 Florida Single Audit Act.—
832 (2) Definitions; as used in this section, the term:
833 (a) “Audit threshold” means the threshold amount used to
834 determine when a state single audit or project-specific audit of
835 a nonstate entity shall be conducted in accordance with this
836 section. Each nonstate entity that expends a total amount of
837 state financial assistance equal to or in excess of $750,000
838 $500,000 in any fiscal year of such nonstate entity shall be
839 required to have a state single audit , or a project-specific
840 audit , for such fiscal year in accordance with the requirements
841 of this section. Every 2 years the Auditor General, After
842 consulting with the Executive Office of the Governor, the
843 Department of Financial Services, and all state awarding
844 agencies, the Auditor General shall periodically review the
845 threshold amount for requiring audits under this section and may
846 recommend any appropriate statutory change to revise the
847 threshold amount in the annual report submitted pursuant to s.
848 11.45(7)(h) to the Legislature may adjust such threshold amount
849 consistent with the purposes of this section.
850 Section 19. Subsection (11) of section 215.985, Florida
851 Statutes, is amended to read:
852 215.985 Transparency in government spending.—
853 (11) Each water management district shall provide a monthly
854 financial statement in the form and manner prescribed by the
855 Department of Financial Services to the district’s its governing
856 board and make such monthly financial statement available for
857 public access on its website.
858 Section 20. Paragraph (d) of subsection (1) and subsection
859 (2) of section 218.32, Florida Statutes, are amended to read:
860 218.32 Annual financial reports; local governmental
863 (d) Each local governmental entity that is required to
864 provide for an audit under s. 218.39(1) must submit a copy of
865 the audit report and annual financial report to the department
866 within 45 days after the completion of the audit report but no
867 later than 9 months after the end of the fiscal year. In
868 conducting an audit of a local governmental entity pursuant to
869 s. 218.39, an independent certified public accountant shall
870 determine whether the entity’s annual financial report is in
871 agreement with the audited financial statements. The
872 accountant’s audit report must be supported by the same level of
873 detail as required for the annual financial report. If the
874 accountant’s audit report is not in agreement with the annual
875 financial report, the accountant shall specify and explain the
876 significant differences that exist between the annual financial
877 report and the audit report.
878 (2) The department shall annually by December 1 file a
879 verified report with the Governor, the Legislature, the Auditor
880 General, and the Special District Accountability Program of the
881 Department of Economic Opportunity showing the revenues, both
882 locally derived and derived from intergovernmental transfers,
883 and the expenditures of each local governmental entity, regional
884 planning council, local government finance commission, and
885 municipal power corporation that is required to submit an annual
886 financial report. In preparing the verified report, the
887 department may request additional information from the local
888 governmental entity. The information requested must be provided
889 to the department within 45 days after the request. If the local
890 governmental entity does not comply with the request, the
891 department shall notify the Legislative Auditing Committee,
892 which may take action pursuant to s. 11.40(2). The report must
893 include, but is not limited to:
894 (a) The total revenues and expenditures of each local
895 governmental entity that is a component unit included in the
896 annual financial report of the reporting entity.
897 (b) The amount of outstanding long-term debt by each local
898 governmental entity. For purposes of this paragraph, the term
899 “long-term debt” means any agreement or series of agreements to
900 pay money, which, at inception, contemplate terms of payment
901 exceeding 1 year in duration.
902 Section 21. Present subsection (3) of section 218.33,
903 Florida Statutes, is redesignated as subsection (4), and a new
904 subsection (3) is added to that section, to read:
905 218.33 Local governmental entities; establishment of
906 uniform fiscal years and accounting practices and procedures.—
907 (3) Each local governmental entity shall establish and
908 maintain internal controls designed to:
909 (a) Prevent and detect fraud, waste, and abuse.
910 (b) Promote and encourage compliance with applicable laws,
911 rules, contracts, grant agreements, and best practices.
912 (c) Support economical and efficient operations.
913 (d) Ensure reliability of financial records and reports.
914 (e) Safeguard assets.
915 Section 22. Present subsections (8) through (12) of section
916 218.39, Florida Statutes, are redesignated as subsections (9)
917 through (13), respectively, and a new subsection (8) is added to
918 that section, to read:
919 218.39 Annual financial audit reports.—
920 (8) If the audit report includes a recommendation that was
921 included in the preceding financial audit report but remains
922 unaddressed, the governing body of the audited entity, within 60
923 days after the delivery of the audit report to the governing
924 body, shall indicate during a regularly scheduled public meeting
925 whether it intends to take corrective action, the intended
926 corrective action, and the timeframe for the corrective action.
927 If the governing body indicates that it does not intend to take
928 corrective action, it shall explain its decision at the public
930 Section 23. Subsection (2) of section 218.391, Florida
931 Statutes, is amended, and subsection (9) is added to that
932 section, to read:
933 218.391 Auditor selection procedures.—
934 (2) The governing body of a charter county, municipality,
935 special district, district school board, charter school, or
936 charter technical career center shall establish an audit
938 (a) The audit committee for a county Each noncharter county
939 shall establish an audit committee that, at a minimum, shall
940 consist of each of the county officers elected pursuant to the
941 county charter or s. 1(d), Art. VIII of the State Constitution ,
942 or their respective designees a designee, and one member of the
943 board of county commissioners or its designee.
944 (b) The audit committee for a municipality, special
945 district, district school board, charter school, or charter
946 technical career center shall consist of at least three members.
947 One member of the audit committee must be a member of the
948 governing body of an entity specified in this paragraph, who
949 shall also serve as the chair of the committee.
950 (c) An employee, chief executive officer, or chief
951 financial officer of the county, municipality, special district,
952 district school board, charter school, or charter technical
953 career center may not serve as a member of an audit committee
954 established under this subsection.
955 (d) The primary purpose of the audit committee is to assist
956 the governing body in selecting an auditor to conduct the annual
957 financial audit required in s. 218.39; however, the audit
958 committee may serve other audit oversight purposes as determined
959 by the entity’s governing body. The public may shall not be
960 excluded from the proceedings under this section.
961 (9) An audit report submitted pursuant to s. 218.39 must
962 include an affidavit executed by the chair of the audit
963 committee affirming that the committee complied with the
964 requirements of subsections (3)-(6) in selecting an auditor. If
965 the Auditor General determines that an entity failed to comply
966 with the requirements of subsections (3)-(6) in selecting an
967 auditor, the entity shall select a replacement auditor in
968 accordance with this section to conduct audits for subsequent
969 fiscal years if the original audit was performed under a
970 multiyear contract. If the replacement of an auditor would
971 preclude the entity from timely completing the annual financial
972 audit required by s. 218.39, the entity shall replace an auditor
973 in accordance with this section for the subsequent annual
974 financial audit. A multiyear contract between an entity or an
975 auditor may not prohibit or restrict an entity from complying
976 with this subsection.
977 Section 24. Subsection (2) of section 286.0114, Florida
978 Statutes, is amended to read:
979 286.0114 Public meetings; reasonable opportunity to be
980 heard; attorney fees.—
981 (2) Members of the public shall be given a reasonable
982 opportunity to be heard on a proposition before a board or
983 commission. The opportunity to be heard need not occur at the
984 same meeting at which the board or commission takes official
985 action on the proposition if the opportunity occurs at a meeting
986 that is during the decisionmaking process and is within
987 reasonable proximity in time before the meeting at which the
988 board or commission takes the official action. A board or
989 commission may not require a member of the public to provide an
990 advance written copy of his or her testimony or comments as a
991 precondition of being given the opportunity to be heard at a
992 meeting. This section does not prohibit a board or commission
993 from maintaining orderly conduct or proper decorum in a public
994 meeting. The opportunity to be heard is subject to rules or
995 policies adopted by the board or commission, as provided in
996 subsection (4).
997 Section 25. Paragraph (b) of subsection (2) of section
998 288.92, Florida Statutes, is amended to read:
999 288.92 Divisions of Enterprise Florida, Inc.—
1001 (b)1. The following officers and board members are subject
1002 to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
1004 a. Officers and members of the board of directors of the
1005 divisions of Enterprise Florida, Inc.
1006 b. Officers and members of the board of directors of
1007 subsidiaries of Enterprise Florida, Inc.
1008 c. Officers and members of the board of directors of
1009 corporations created to carry out the missions of Enterprise
1010 Florida, Inc.
1011 d. Officers and members of the board of directors of
1012 corporations with which a division is required by law to
1013 contract to carry out its missions.
1014 2. For a period of 2 years after retirement from or
1015 termination of service to a division, or for a period of 10
1016 years if removed or terminated for cause or for misconduct, as
1017 defined in s. 443.036(29), the officers and board members
1018 specified in subparagraph 1. may not represent another person or
1019 entity for compensation before:
1020 a. Enterprise Florida, Inc.;
1021 b. A division, a subsidiary, or the board of directors of
1022 corporations created to carry out the missions of Enterprise
1023 Florida, Inc.; or
1024 c. A division with which Enterprise Florida, Inc., is
1025 required by law to contract to carry out its missions.
1026 3. 2. For purposes of applying ss. 112.313(1)-(8), (10),
1027 (12), and (15); 112.3135; and 112.3143(2) to activities of the
1028 officers and members of the board of directors specified in
1029 subparagraph 1., those persons shall be considered public
1030 officers or employees and the corporation shall be considered
1031 their agency.
1032 4. 3. It is not a violation of s. 112.3143(2) or (4) for the
1033 officers or members of the board of directors of the Florida
1034 Tourism Industry Marketing Corporation to:
1035 a. Vote on the 4-year marketing plan required under s.
1036 288.923 or vote on any individual component of or amendment to
1037 the plan.
1038 b. Participate in the establishment or calculation of
1039 payments related to the private match requirements of s.
1040 288.904(3). The officer or member must file an annual disclosure
1041 describing the nature of his or her interests or the interests
1042 of his or her principals, including corporate parents and
1043 subsidiaries of his or her principal, in the private match
1044 requirements. This annual disclosure requirement satisfies the
1045 disclosure requirement of s. 112.3143(4). This disclosure must
1046 be placed either on the Florida Tourism Industry Marketing
1047 Corporation’s website or included in the minutes of each meeting
1048 of the Florida Tourism Industry Marketing Corporation’s board of
1049 directors at which the private match requirements are discussed
1050 or voted upon.
1051 Section 26. Paragraph (a) of subsection (3) of section
1052 288.9604, Florida Statutes, is amended to read:
1053 288.9604 Creation of the authority.—
1054 (3)(a)1. A director may not receive compensation for his or
1055 her services, but is entitled to necessary expenses, including
1056 travel expenses, incurred in the discharge of his or her duties.
1057 Each director shall hold office until his or her successor has
1058 been appointed.
1059 2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
1060 and (15); 112.3135; and 112.3143(2). For purposes of applying
1061 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
1062 112.3143(2) to activities of directors, directors shall be
1063 considered public officers and the corporation shall be
1064 considered their agency.
1065 3. A director of the corporation may not represent another
1066 person or entity for compensation before the corporation for a
1067 period of 2 years following his or her service on the board of
1069 Section 27. Paragraph (e) of subsection (4), paragraph (d)
1070 of subsection (5), and paragraph (d) of subsection (6) of
1071 section 373.536, Florida Statutes, are amended to read:
1072 373.536 District budget and hearing thereon.—
1073 (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
1074 (e) By September 1, 2012, Each district shall provide a
1075 monthly financial statement in the form and manner prescribed by
1076 the Department of Financial Services to the district’s governing
1077 board and make such monthly financial statement available for
1078 public access on its website.
1079 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
1081 (d) Each district shall, by August 1 of each year, submit
1082 for review a tentative budget and a description of any
1083 significant changes from the preliminary budget submitted to the
1084 Legislature pursuant to s. 373.535 to the Governor, the
1085 President of the Senate, the Speaker of the House of
1086 Representatives, the chairs of all legislative committees and
1087 subcommittees having substantive or fiscal jurisdiction over
1088 water management districts, as determined by the President of
1089 the Senate or the Speaker of the House of Representatives, as
1090 applicable, the secretary of the department, and the governing
1091 body of each county in which the district has jurisdiction or
1092 derives any funds for the operations of the district. The
1093 tentative budget must be posted on the district’s official
1094 website at least 2 days before budget hearings held pursuant to
1095 s. 200.065 or other law and must remain on the website for at
1096 least 45 days.
1097 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
1098 WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
1099 (d) The final adopted budget must be posted on the water
1100 management district’s official website within 30 days after
1101 adoption and must remain on the website for at least 2 years.
1102 Section 28. Subsection (7) of section 838.014, Florida
1103 Statutes, is renumbered as subsection (8), present subsections
1104 (4) and (6) are amended, and a new subsection (6) is added to
1105 that section, to read:
1106 838.014 Definitions.—As used in this chapter, the term:
1107 (4) “Governmental entity” means an agency or entity of the
1108 state, a county, municipality, or special district or any other
1109 public entity created or authorized by law “Corruptly” or “with
1110 corrupt intent” means acting knowingly and dishonestly for a
1111 wrongful purpose.
1112 (6) “Public contractor” means, for purposes of ss. 838.022
1113 and 838.22 only:
1114 (a) Any person, as defined in s. 1.01(3), who has entered
1115 into a contract with a governmental entity; or
1116 (b) Any officer or employee of a person, as defined in s.
1117 1.01(3), who has entered into a contract with a governmental
1119 (7) (6) “Public servant” means:
1120 (a) Any officer or employee of a governmental state,
1121 county, municipal, or special district agency or entity, ;
1123 (b) any executive, legislative, or judicial branch officer
1124 or employee;
1125 (b) (c) Any person, except a witness, who acts as a general
1126 or special magistrate, receiver, auditor, arbitrator, umpire,
1127 referee, consultant, or hearing officer while performing a
1128 governmental function; or
1129 (c) (d) A candidate for election or appointment to any of
1130 the officer positions listed in this subsection, or an
1131 individual who has been elected to, but has yet to officially
1132 assume the responsibilities of, public office.
1133 Section 29. Subsection (1) of section 838.015, Florida
1134 Statutes, is amended to read:
1135 838.015 Bribery.—
1136 (1) “Bribery” means corruptly to knowingly and
1137 intentionally give, offer, or promise to any public servant, or,
1138 if a public servant, corruptly to knowingly and intentionally
1139 request, solicit, accept, or agree to accept for himself or
1140 herself or another, any pecuniary or other benefit not
1141 authorized by law with an intent or purpose to influence the
1142 performance of any act or omission which the person believes to
1143 be, or the public servant represents as being, within the
1144 official discretion of a public servant, in violation of a
1145 public duty, or in performance of a public duty.
1146 Section 30. Subsections (1) and (2) of section 838.016,
1147 Florida Statutes, are amended to read:
1148 838.016 Unlawful compensation or reward for official
1150 (1) It is unlawful for any person corruptly to knowingly
1151 and intentionally give, offer, or promise to any public servant,
1152 or, if a public servant, corruptly to knowingly and
1153 intentionally request, solicit, accept, or agree to accept, any
1154 pecuniary or other benefit not authorized by law, for the past,
1155 present, or future performance, nonperformance, or violation of
1156 any act or omission which the person believes to have been, or
1157 the public servant represents as having been, either within the
1158 official discretion of the public servant, in violation of a
1159 public duty, or in performance of a public duty. This section
1160 does not Nothing herein shall be construed to preclude a public
1161 servant from accepting rewards for services performed in
1162 apprehending any criminal.
1163 (2) It is unlawful for any person corruptly to knowingly
1164 and intentionally give, offer, or promise to any public servant,
1165 or, if a public servant, corruptly to knowingly and
1166 intentionally request, solicit, accept, or agree to accept, any
1167 pecuniary or other benefit not authorized by law for the past,
1168 present, or future exertion of any influence upon or with any
1169 other public servant regarding any act or omission which the
1170 person believes to have been, or which is represented to him or
1171 her as having been, either within the official discretion of the
1172 other public servant, in violation of a public duty, or in
1173 performance of a public duty.
1174 Section 31. Subsection (1) of section 838.022, Florida
1175 Statutes, is amended, and subsection (2) of that section is
1176 republished, to read:
1177 838.022 Official misconduct.—
1178 (1) It is unlawful for a public servant or public
1179 contractor, with corrupt intent to knowingly and intentionally
1180 obtain a benefit for any person or to cause unlawful harm to
1181 another, by to:
1182 (a) Falsifying Falsify, or causing cause another person to
1183 falsify, any official record or official document;
1184 (b) Concealing, covering up, destroying, mutilating, or
1185 altering Conceal, cover up, destroy, mutilate, or alter any
1186 official record or official document, except as authorized by
1187 law or contract, or causing cause another person to perform such
1188 an act; or
1189 (c) Obstructing, delaying, or preventing Obstruct, delay,
1190 or prevent the communication of information relating to the
1191 commission of a felony that directly involves or affects the
1192 government public agency or public entity served by the public
1193 servant or public contractor.
1194 (2) For the purposes of this section:
1195 (a) The term “public servant” does not include a candidate
1196 who does not otherwise qualify as a public servant.
1197 (b) An official record or official document includes only
1198 public records.
1199 Section 32. Section 838.22, Florida Statutes, is amended to
1201 838.22 Bid tampering.—
1202 (1) It is unlawful for a public servant or a public
1203 contractor who has contracted with a governmental entity to
1204 assist in a competitive procurement , with corrupt intent to
1205 knowingly and intentionally influence or attempt to influence
1206 the competitive solicitation bidding process undertaken by any
1207 governmental state, county, municipal, or special district
1208 agency, or any other public entity , for the procurement of
1209 commodities or services, by to:
1210 (a) Disclosing, except as authorized by law, Disclose
1211 material information concerning a vendor’s response, any
1212 evaluation results, bid or other aspects of the competitive
1213 solicitation bidding process when such information is not
1214 publicly disclosed.
1215 (b) Altering or amending Alter or amend a submitted
1216 response bid, documents or other materials supporting a
1217 submitted response bid, or any evaluation bid results relating
1218 to the competitive solicitation for the purpose of intentionally
1219 providing a competitive advantage to any person who submits a
1220 response bid.
1221 (2) It is unlawful for a public servant or a public
1222 contractor who has contracted with a governmental entity to
1223 assist in a competitive procurement , with corrupt intent to
1224 knowingly and intentionally obtain a benefit for any person or
1225 to cause unlawful harm to another by circumventing , to
1226 circumvent a competitive solicitation bidding process required
1227 by law or rule through the use of by using a sole-source
1228 contract for commodities or services.
1229 (3) It is unlawful for any person to knowingly agree,
1230 conspire, combine, or confederate, directly or indirectly, with
1231 a public servant or a public contractor who has contracted with
1232 a governmental entity to assist in a competitive procurement to
1233 violate subsection (1) or subsection (2).
1234 (4) It is unlawful for any person to knowingly enter into a
1235 contract for commodities or services which was secured by a
1236 public servant or a public contractor who has contracted with a
1237 governmental entity to assist in a competitive procurement
1238 acting in violation of subsection (1) or subsection (2).
1239 (5) Any person who violates this section commits a felony
1240 of the second degree, punishable as provided in s. 775.082, s.
1241 775.083, or s. 775.084.
1242 Section 33. Paragraph (l) of subsection (12) of section
1243 1001.42, Florida Statutes, is amended, a new subsection (27) is
1244 added to that section, and present subsection (27) of that
1245 section is renumbered as subsection (28), to read:
1246 1001.42 Powers and duties of district school board.—The
1247 district school board, acting as a board, shall exercise all
1248 powers and perform all duties listed below:
1249 (12) FINANCE.—Take steps to assure students adequate
1250 educational facilities through the financial procedure
1251 authorized in chapters 1010 and 1011 and as prescribed below:
1252 (l) Internal auditor.—May employ an internal auditor to
1253 perform ongoing financial verification of the financial records
1254 of the school district and such other audits and reviews as the
1255 district school board directs for the purpose of determining:
1256 1. The adequacy of internal controls designed to prevent
1257 and detect fraud, waste, and abuse.
1258 2. Compliance with applicable laws, rules, contracts, grant
1259 agreements, district school board-approved policies, and best
1261 3. The efficiency of operations.
1262 4. The reliability of financial records and reports.
1263 5. The safeguarding of assets.
1265 The internal auditor shall report directly to the district
1266 school board or its designee.
1267 (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
1268 management and instruction, give suggestions for improvement,
1269 and advise citizens with the view of promoting interest in
1270 education and improving the school.
1271 Section 34. Paragraph (j) of subsection (9) of section
1272 1002.33, Florida Statutes, is amended to read:
1273 1002.33 Charter schools.—
1274 (9) CHARTER SCHOOL REQUIREMENTS.—
1275 (j) The governing body of the charter school shall be
1276 responsible for:
1277 1. Establishing and maintaining internal controls designed
1279 a. Prevent and detect fraud, waste, and abuse.
1280 b. Promote and encourage compliance with applicable laws,
1281 rules, contracts, grant agreements, and best practices.
1282 c. Support economical and efficient operations.
1283 d. Ensure reliability of financial records and reports.
1284 e. Safeguard assets.
1285 2. 1. Ensuring that the charter school has retained the
1286 services of a certified public accountant or auditor for the
1287 annual financial audit, pursuant to s. 1002.345(2), who shall
1288 submit the report to the governing body.
1289 3. 2. Reviewing and approving the audit report, including
1290 audit findings and recommendations for the financial recovery
1292 4.a. 3.a. Performing the duties in s. 1002.345, including
1293 monitoring a corrective action plan.
1294 b. Monitoring a financial recovery plan in order to ensure
1296 5. 4. Participating in governance training approved by the
1297 department which must include government in the sunshine,
1298 conflicts of interest, ethics, and financial responsibility.
1300 Section 35. Present subsections (6) through (10) of section
1301 1002.37, Florida Statutes, are redesignated as subsections (7)
1302 through (11), respectively, a new subsection (6) is added to
1303 that section, and present subsections (6) and (11) of that
1304 section are amended, to read:
1305 1002.37 The Florida Virtual School.—
1306 (6) The Florida Virtual School shall have an annual
1307 financial audit of its accounts and records conducted by an
1308 independent auditor who is a certified public accountant
1309 licensed under chapter 473. The independent auditor shall
1310 conduct the audit in accordance with rules adopted by the
1311 Auditor General pursuant to s. 11.45 and, upon completion of the
1312 audit, shall prepare an audit report in accordance with such
1313 rules. The audit report must include a written statement of the
1314 board of trustees describing corrective action to be taken in
1315 response to each of the recommendations of the independent
1316 auditor included in the audit report. The independent auditor
1317 shall submit the audit report to the board of trustees and the
1318 Auditor General no later than 9 months after the end of the
1319 preceding fiscal year.
1320 (7) (6) The board of trustees shall annually submit to the
1321 Governor, the Legislature, the Commissioner of Education, and
1322 the State Board of Education the audit report prepared pursuant
1323 to subsection (6) and a complete and detailed report setting
1325 (a) The operations and accomplishments of the Florida
1326 Virtual School within the state and those occurring outside the
1327 state as Florida Virtual School Global.
1328 (b) The marketing and operational plan for the Florida
1329 Virtual School and Florida Virtual School Global, including
1330 recommendations regarding methods for improving the delivery of
1331 education through the Internet and other distance learning
1333 (c) The assets and liabilities of the Florida Virtual
1334 School and Florida Virtual School Global at the end of the
1335 fiscal year.
1336 (d) A copy of an annual financial audit o f the accounts and
1337 records of the Florida Virtual School and Florida Virtual School
1338 Global, conducted by an independent certified public accountant
1339 and performed in accordance with rules adopted by the Auditor
1340 General .
1341 (e) Recommendations regarding the unit cost of providing
1342 services to students through the Florida Virtual School and
1343 Florida Virtual School Global. In order to most effectively
1344 develop public policy regarding any future funding of the
1345 Florida Virtual School, it is imperative that the cost of the
1346 program is accurately identified. The identified cost of the
1347 program must be based on reliable data.
1348 (e) (f) Recommendations regarding an accountability
1349 mechanism to assess the effectiveness of the services provided
1350 by the Florida Virtual School and Florida Virtual School Global.
1351 (11) The Auditor General shall conduct an operational audit
1352 of the Florida Virtual School, including Florida Virtual School
1353 Global. The scope of the audit shall include, but not be limited
1354 to, the administration of responsibilities relating to
1355 personnel; procurement and contracting; revenue production;
1356 school funds, including internal funds; student enrollment
1357 records; franchise agreements; information technology
1358 utilization, assets, and security; performance measures and
1359 standards; and accountability. The final report on the audit
1360 shall be submitted to the President of the Senate and the
1361 Speaker of the House of Representatives no later than January
1362 31, 2014.
1363 Section 36. Subsection (5) is added to section 1010.01,
1364 Florida Statutes, to read:
1365 1010.01 Uniform records and accounts.—
1366 (5) Each school district, Florida College System
1367 institution, and state university shall establish and maintain
1368 internal controls designed to:
1369 (a) Prevent and detect fraud, waste, and abuse.
1370 (b) Promote and encourage compliance with applicable laws,
1371 rules, contracts, grant agreements, and best practices.
1372 (c) Support economical and efficient operations.
1373 (d) Ensure reliability of financial records and reports.
1374 (e) Safeguard assets.
1375 Section 37. Subsection (2) of section 1010.30, Florida
1376 Statutes, is amended to read:
1377 1010.30 Audits required.—
1378 (2) If a school district, Florida College System
1379 institution, or university audit report includes a
1380 recommendation that was included in the preceding financial
1381 audit report but remains unaddressed, an audit contains a
1382 significant finding, the district school board, the Florida
1383 College System institution board of trustees, or the university
1384 board of trustees, within 60 days after the delivery of the
1385 audit report to the school district, Florida College System
1386 institution, or university, shall indicate conduct an audit
1387 overview during a regularly scheduled public meeting whether it
1388 intends to take corrective action, the intended corrective
1389 action, and the timeframe for the corrective action. If the
1390 district school board, Florida College System institution board
1391 of trustees, or university board of trustees indicates that it
1392 does not intend to take corrective action, it shall explain its
1393 decision at the public meeting.
1394 Section 38. Subsection (2) of section 68.082, Florida
1395 Statutes, is amended to read:
1396 68.082 False claims against the state; definitions;
1398 (2) Any person who:
1399 (a) Knowingly presents or causes to be presented a false or
1400 fraudulent claim for payment or approval;
1401 (b) Knowingly authorizes, approves, or receives payment of
1402 prohibited compensation in violation of s. 215.425;
1403 (c) (b) Knowingly makes, uses, or causes to be made or used
1404 a false record or statement material to a false or fraudulent
1406 (d) (c) Conspires to commit a violation of this subsection;
1407 (e) (d) Has possession, custody, or control of property or
1408 money used or to be used by the state and knowingly delivers or
1409 causes to be delivered less than all of that money or property;
1410 (f) (e) Is authorized to make or deliver a document
1411 certifying receipt of property used or to be used by the state
1412 and, intending to defraud the state, makes or delivers the
1413 receipt without knowing that the information on the receipt is
1415 (g) (f) Knowingly buys or receives, as a pledge of an
1416 obligation or a debt, public property from an officer or
1417 employee of the state who may not sell or pledge the property;
1419 (h) (g) Knowingly makes, uses, or causes to be made or used
1420 a false record or statement material to an obligation to pay or
1421 transmit money or property to the state, or knowingly conceals
1422 or knowingly and improperly avoids or decreases an obligation to
1423 pay or transmit money or property to the state
1425 is liable to the state for a civil penalty of not less than
1426 $5,500 and not more than $11,000 and for treble the amount of
1427 damages the state sustains because of the act of that person.
1428 Section 39. Subsection (1) of section 68.083, Florida
1429 Statutes, is amended to read:
1430 68.083 Civil actions for false claims.—
1431 (1) The department may diligently investigate a violation
1432 under s. 68.082. If the department finds that a person has
1433 violated or is violating s. 68.082, the department may bring a
1434 civil action under the Florida False Claims Act against the
1435 person. The Department of Financial Services may bring a civil
1436 action under this section if the action arises from an
1437 investigation by that department and the Department of Legal
1438 Affairs has not filed an action under this act. For a violation
1439 of s. 68.082 regarding prohibited compensation paid from state
1440 funds, the Department of Financial Services may bring a civil
1441 action under this section if the action arises from an
1442 investigation by that department concerning a violation of s.
1443 215.425 by the state and the Department of Legal Affairs has not
1444 filed an action under this act.
1445 Section 40. Subsection (5) of section 99.061, Florida
1446 Statutes, is amended to read:
1447 99.061 Method of qualifying for nomination or election to
1448 federal, state, county, or district office.—
1449 (5) At the time of qualifying for office, each candidate
1450 for a constitutional office or an elected municipal office shall
1451 file a full and public disclosure of financial interests
1452 pursuant to s. 8, Art. II of the State Constitution, which must
1453 be verified under oath or affirmation pursuant to s.
1454 92.525(1)(a), and a candidate for any other office , including
1455 local elective office, shall file a statement of financial
1456 interests pursuant to s. 112.3145.
1457 Section 41. Subsection (3) of section 218.503, Florida
1458 Statutes, is amended to read:
1459 218.503 Determination of financial emergency.—
1460 (3) Upon notification that one or more of the conditions in
1461 subsection (1) have occurred or will occur if action is not
1462 taken to assist the local governmental entity or district school
1463 board, the Governor or his or her designee shall contact the
1464 local governmental entity or the Commissioner of Education or
1465 his or her designee shall contact the district school board, as
1466 appropriate, to determine what actions have been taken by the
1467 local governmental entity or the district school board to
1468 resolve or prevent the condition. The information requested must
1469 be provided within 45 days after the date of the request. If the
1470 local governmental entity or the district school board does not
1471 comply with the request, the Governor or his or her designee or
1472 the Commissioner of Education or his or her designee shall
1473 notify the members of the Legislative Auditing Committee, which
1474 who may take action pursuant to s. 11.40(2) s. 11.40. The
1475 Governor or the Commissioner of Education, as appropriate, shall
1476 determine whether the local governmental entity or the district
1477 school board needs state assistance to resolve or prevent the
1478 condition. If state assistance is needed, the local governmental
1479 entity or district school board is considered to be in a state
1480 of financial emergency. The Governor or the Commissioner of
1481 Education, as appropriate, has the authority to implement
1482 measures as set forth in ss. 218.50-218.504 to assist the local
1483 governmental entity or district school board in resolving the
1484 financial emergency. Such measures may include, but are not
1485 limited to:
1486 (a) Requiring approval of the local governmental entity’s
1487 budget by the Governor or approval of the district school
1488 board’s budget by the Commissioner of Education.
1489 (b) Authorizing a state loan to a local governmental entity
1490 and providing for repayment of same.
1491 (c) Prohibiting a local governmental entity or district
1492 school board from issuing bonds, notes, certificates of
1493 indebtedness, or any other form of debt until such time as it is
1494 no longer subject to this section.
1495 (d) Making such inspections and reviews of records,
1496 information, reports, and assets of the local governmental
1497 entity or district school board as are needed. The appropriate
1498 local officials shall cooperate in such inspections and reviews.
1499 (e) Consulting with officials and auditors of the local
1500 governmental entity or the district school board and the
1501 appropriate state officials regarding any steps necessary to
1502 bring the books of account, accounting systems, financial
1503 procedures, and reports into compliance with state requirements.
1504 (f) Providing technical assistance to the local
1505 governmental entity or the district school board.
1506 (g)1. Establishing a financial emergency board to oversee
1507 the activities of the local governmental entity or the district
1508 school board. If a financial emergency board is established for
1509 a local governmental entity, the Governor shall appoint board
1510 members and select a chair. If a financial emergency board is
1511 established for a district school board, the State Board of
1512 Education shall appoint board members and select a chair. The
1513 financial emergency board shall adopt such rules as are
1514 necessary for conducting board business. The board may:
1515 a. Make such reviews of records, reports, and assets of the
1516 local governmental entity or the district school board as are
1518 b. Consult with officials and auditors of the local
1519 governmental entity or the district school board and the
1520 appropriate state officials regarding any steps necessary to
1521 bring the books of account, accounting systems, financial
1522 procedures, and reports of the local governmental entity or the
1523 district school board into compliance with state requirements.
1524 c. Review the operations, management, efficiency,
1525 productivity, and financing of functions and operations of the
1526 local governmental entity or the district school board.
1527 d. Consult with other governmental entities for the
1528 consolidation of all administrative direction and support
1529 services, including, but not limited to, services for asset
1530 sales, economic and community development, building inspections,
1531 parks and recreation, facilities management, engineering and
1532 construction, insurance coverage, risk management, planning and
1533 zoning, information systems, fleet management, and purchasing.
1534 2. The recommendations and reports made by the financial
1535 emergency board must be submitted to the Governor for local
1536 governmental entities or to the Commissioner of Education and
1537 the State Board of Education for district school boards for
1538 appropriate action.
1539 (h) Requiring and approving a plan, to be prepared by
1540 officials of the local governmental entity or the district
1541 school board in consultation with the appropriate state
1542 officials, prescribing actions that will cause the local
1543 governmental entity or district school board to no longer be
1544 subject to this section. The plan must include, but need not be
1545 limited to:
1546 1. Provision for payment in full of obligations outlined in
1547 subsection (1), designated as priority items, which are
1548 currently due or will come due.
1549 2. Establishment of priority budgeting or zero-based
1550 budgeting in order to eliminate items that are not affordable.
1551 3. The prohibition of a level of operations which can be
1552 sustained only with nonrecurring revenues.
1553 4. Provisions implementing the consolidation, sourcing, or
1554 discontinuance of all administrative direction and support
1555 services, including, but not limited to, services for asset
1556 sales, economic and community development, building inspections,
1557 parks and recreation, facilities management, engineering and
1558 construction, insurance coverage, risk management, planning and
1559 zoning, information systems, fleet management, and purchasing.
1560 Section 42. Subsection (2) of section 1002.455, Florida
1561 Statutes, is amended to read:
1562 1002.455 Student eligibility for K-12 virtual instruction.—
1563 (2) A student is eligible to participate in virtual
1564 instruction if:
1565 (a) The student spent the prior school year in attendance
1566 at a public school in the state and was enrolled and reported by
1567 the school district for funding during October and February for
1568 purposes of the Florida Education Finance Program surveys;
1569 (b) The student is a dependent child of a member of the
1570 United States Armed Forces who was transferred within the last
1571 12 months to this state from another state or from a foreign
1572 country pursuant to a permanent change of station order;
1573 (c) The student was enrolled during the prior school year
1574 in a virtual instruction program under s. 1002.45 or a full-time
1575 Florida Virtual School program under s. 1002.37(9)(a) s.
1577 (d) The student has a sibling who is currently enrolled in
1578 a virtual instruction program and the sibling was enrolled in
1579 that program at the end of the prior school year;
1580 (e) The student is eligible to enter kindergarten or first
1581 grade; or
1582 (f) The student is eligible to enter grades 2 through 5 and
1583 is enrolled full-time in a school district virtual instruction
1584 program, virtual charter school, or the Florida Virtual School.
1585 Section 43. For the purpose of incorporating the amendment
1586 made by this act to section 838.022, Florida Statutes, in a
1587 reference thereto, paragraph (a) of subsection (2) of section
1588 112.534, Florida Statutes, is reenacted to read:
1589 112.534 Failure to comply; official misconduct.—
1590 (2)(a) All the provisions of s. 838.022 shall apply to this
1592 Section 44. For the purpose of incorporating the amendment
1593 made by this act to section 838.022, Florida Statutes, in a
1594 reference thereto, paragraph (d) of subsection (4) of section
1595 117.01, Florida Statutes, is reenacted to read:
1596 117.01 Appointment, application, suspension, revocation,
1597 application fee, bond, and oath.—
1598 (4) The Governor may suspend a notary public for any of the
1599 grounds provided in s. 7, Art. IV of the State Constitution.
1600 Grounds constituting malfeasance, misfeasance, or neglect of
1601 duty include, but are not limited to, the following:
1602 (d) Official misconduct as defined in s. 838.022.
1603 Section 45. For the purpose of incorporating the amendment
1604 made by this act to section 838.014, Florida Statutes, in a
1605 reference thereto, subsection (11) of section 817.568, Florida
1606 Statutes, is reenacted to read:
1607 817.568 Criminal use of personal identification
1609 (11) A person who willfully and without authorization
1610 fraudulently uses personal identification information concerning
1611 an individual who is 60 years of age or older; a disabled adult
1612 as defined in s. 825.101; a public servant as defined in s.
1613 838.014; a veteran as defined in s. 1.01; a first responder as
1614 defined in s. 125.01045; an individual who is employed by the
1615 State of Florida; or an individual who is employed by the
1616 Federal Government without first obtaining the consent of that
1617 individual commits a felony of the second degree, punishable as
1618 provided in s. 775.082, s. 775.083, or s. 775.084.
1619 Section 46. For the purpose of incorporating the amendments
1620 made by this act to sections 838.015, 838.016, and 838.22,
1621 Florida Statutes, in references thereto, paragraph (g) of
1622 subsection (3) of section 921.0022, Florida Statutes, is
1623 reenacted to read:
1624 921.0022 Criminal Punishment Code; offense severity ranking
1626 (3) OFFENSE SEVERITY RANKING CHART
1627 (g) LEVEL 7
1630 FloridaStatute FelonyDegree Description
1631 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1632 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1633 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.
1634 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1635 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1636 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1637 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1638 456.065(2) 3rd Practicing a health care profession without a license.
1639 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1640 458.327(1) 3rd Practicing medicine without a license.
1641 459.013(1) 3rd Practicing osteopathic medicine without a license.
1642 460.411(1) 3rd Practicing chiropractic medicine without a license.
1643 461.012(1) 3rd Practicing podiatric medicine without a license.
1644 462.17 3rd Practicing naturopathy without a license.
1645 463.015(1) 3rd Practicing optometry without a license.
1646 464.016(1) 3rd Practicing nursing without a license.
1647 465.015(2) 3rd Practicing pharmacy without a license.
1648 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1649 467.201 3rd Practicing midwifery without a license.
1650 468.366 3rd Delivering respiratory care services without a license.
1651 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1652 483.901(9) 3rd Practicing medical physics without a license.
1653 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1654 484.053 3rd Dispensing hearing aids without a license.
1655 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.
1656 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.
1657 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1658 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1659 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1660 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1661 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1662 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1663 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1664 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1665 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1666 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1667 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1668 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1669 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1670 784.048(7) 3rd Aggravated stalking; violation of court order.
1671 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1672 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1673 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1674 784.081(1) 1st Aggravated battery on specified official or employee.
1675 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1676 784.083(1) 1st Aggravated battery on code inspector.
1677 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1678 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.
1679 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1680 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1681 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1682 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1683 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1684 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1685 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1686 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.
1687 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1688 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1689 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1690 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.
1691 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.
1692 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1693 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1694 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1695 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1696 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1697 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.
1698 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1699 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1700 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1701 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1702 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1703 812.131(2)(a) 2nd Robbery by sudden snatching.
1704 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1705 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1706 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1707 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1708 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1709 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.
1710 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1711 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1712 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.
1713 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1714 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1715 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1716 838.015 2nd Bribery.
1717 838.016 2nd Unlawful compensation or reward for official behavior.
1718 838.021(3)(a) 2nd Unlawful harm to a public servant.
1719 838.22 2nd Bid tampering.
1720 843.0855(2) 3rd Impersonation of a public officer or employee.
1721 843.0855(3) 3rd Unlawful simulation of legal process.
1722 843.0855(4) 3rd Intimidation of a public officer or employee.
1723 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1724 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1725 872.06 2nd Abuse of a dead human body.
1726 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1727 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1728 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.
1729 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.
1730 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).
1731 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1732 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1733 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1734 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
1735 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1736 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1737 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1738 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1739 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1740 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1741 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1742 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1743 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1744 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1745 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1746 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1747 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1748 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1749 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1750 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1751 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1752 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1753 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1754 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1755 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1756 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1757 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1758 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1759 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1763 Section 47. For the purpose of incorporating the amendment
1764 made by this act to section 838.022, Florida Statutes, in a
1765 reference thereto, paragraph (d) of subsection (3) of section
1766 921.0022, Florida Statutes, is reenacted to read:
1767 921.0022 Criminal Punishment Code; offense severity ranking
1769 (3) OFFENSE SEVERITY RANKING CHART
1770 (d) LEVEL 4
1773 FloridaStatute FelonyDegree Description
1774 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.
1775 499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
1776 499.0051(2) 3rd Failure to authenticate pedigree papers.
1777 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
1778 517.07(1) 3rd Failure to register securities.
1779 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
1780 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
1781 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1782 784.075 3rd Battery on detention or commitment facility staff.
1783 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1784 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1785 784.081(3) 3rd Battery on specified official or employee.
1786 784.082(3) 3rd Battery by detained person on visitor or other detainee.
1787 784.083(3) 3rd Battery on code inspector.
1788 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1789 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1790 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1791 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1792 787.07 3rd Human smuggling.
1793 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1794 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1795 790.115(2)(c) 3rd Possessing firearm on school property.
1796 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1797 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1798 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1799 810.06 3rd Burglary; possession of tools.
1800 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1801 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1802 812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
1803 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1804 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1805 817.568(2)(a) 3rd Fraudulent use of personal identification information.
1806 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
1807 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1808 837.02(1) 3rd Perjury in official proceedings.
1809 837.021(1) 3rd Make contradictory statements in official proceedings.
1810 838.022 3rd Official misconduct.
1811 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1812 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
1813 843.021 3rd Possession of a concealed handcuff key by a person in custody.
1814 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1815 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1816 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
1817 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
1818 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).
1819 914.14(2) 3rd Witnesses accepting bribes.
1820 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1821 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1822 918.12 3rd Tampering with jurors.
1823 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1827 Section 48. As provided in s. 112.322(3), Florida Statutes,
1828 the Commission on Ethics is authorized to render advisory
1829 opinions to any public officer, candidate for public office, or
1830 public employee regarding the application of part III of chapter
1831 112, Florida Statutes, including the amendments made by this
1833 Section 49. The Legislature finds that a proper and
1834 legitimate state purpose is served when internal controls are
1835 established to prevent and detect fraud, waste, and abuse and to
1836 safeguard and account for government funds and property.
1837 Therefore, the Legislature determines and declares that this act
1838 fulfills an important state interest.
1839 Section 50. This act shall take effect October 1, 2016.
1841 ================= T I T L E A M E N D M E N T ================
1842 And the title is amended as follows:
1843 Delete everything before the enacting clause
1844 and insert:
1845 A bill to be entitled
1846 An act relating to government accountability; amending
1847 s. 11.40, F.S.; specifying that the Governor, the
1848 Commissioner of Education, or the designee of the
1849 Governor or of the Commissioner of Education may
1850 notify the Legislative Auditing Committee of an
1851 entity’s failure to comply with certain auditing and
1852 financial reporting requirements; amending s. 11.45,
1853 F.S.; defining the terms “abuse,” “fraud,” and
1854 “waste”; revising the definition of the term “local
1855 governmental entity”; excluding water management
1856 districts from certain audit requirements; removing a
1857 cross-reference; authorizing the Auditor General to
1858 conduct audits of tourist development councils and
1859 county tourism promotion agencies; revising reporting
1860 requirements applicable to the Auditor General;
1861 creating s. 20.602, F.S.; specifying the applicability
1862 of certain provisions of the Code of Ethics for Public
1863 Officers and Employees to officers and board members
1864 of corporate entities associated with the Department
1865 of Economic Opportunity; prohibiting such officers and
1866 board members from representing a person or an entity
1867 for compensation before certain bodies for a specified
1868 timeframe; providing for construction; amending s.
1869 28.35, F.S.; revising reporting requirements
1870 applicable to the Florida Clerks of Court Operations
1871 Corporation; amending s. 43.16, F.S.; revising the
1872 responsibilities of the Justice Administrative
1873 Commission, each state attorney, each public defender,
1874 a criminal conflict and civil regional counsel, a
1875 capital collateral regional counsel, and the Guardian
1876 Ad Litem Program, to include the establishment and
1877 maintenance of certain internal controls; creating s.
1878 112.3126, F.S.; defining the term “private entity”;
1879 prohibiting a member of the Legislature or a candidate
1880 for legislative office from accepting employment with
1881 a private entity that directly receives funding
1882 through state revenues under certain circumstances;
1883 authorizing employment with a private entity if
1884 certain conditions are met; amending s. 112.313, F.S.;
1885 specifying that prohibitions on conflicting employment
1886 or contractual relationships for public officers or
1887 employees of an agency apply to contractual
1888 relationships held by certain business entities;
1889 amending s. 112.3144, F.S.; requiring elected
1890 municipal officers to file a full and public
1891 disclosure of financial interests, rather than a
1892 statement of financial interests; providing for
1893 applicability; amending s. 112.31455, F.S.; revising
1894 provisions governing collection methods for unpaid
1895 automatic fines for failure to timely file disclosure
1896 of financial interests to include school districts;
1897 amending s. 112.3261, F.S.; revising terms to conform
1898 to changes made by the act; expanding the types of
1899 governmental entities that are subject to lobbyist
1900 registration requirements; requiring a governmental
1901 entity to create a lobbyist registration form;
1902 amending ss. 129.03, 129.06, 166.241, and 189.016,
1903 F.S.; requiring counties, municipalities, and special
1904 districts to maintain certain budget documents on the
1905 entities’ websites for a specified period; amending s.
1906 215.425, F.S.; defining the term “public funds”;
1907 revising exceptions to the prohibition on extra
1908 compensation claims; requiring certain contracts to
1909 which a unit of government or state university is a
1910 party during a specified period to contain certain
1911 prohibitions on severance pay; requiring a unit of
1912 government to investigate and take necessary action to
1913 recover prohibited compensation; specifying methods of
1914 recovery for unintentional and willful violations;
1915 providing a penalty; specifying applicability of
1916 procedures regarding suspension and removal of an
1917 officer who commits a willful violation; establishing
1918 eligibility criteria and amounts for rewards;
1919 specifying circumstances under which an employee has a
1920 cause of action under the Whistle-blower’s Act;
1921 establishing causes of action if a unit of government
1922 fails to recover prohibited compensation within a
1923 certain timeframe; providing for applicability;
1924 amending s. 215.86, F.S.; revising the purposes for
1925 which management systems and internal controls must be
1926 established and maintained by each state agency and
1927 the judicial branch; amending s. 215.97, F.S.;
1928 revising the definition of the term “audit threshold”;
1929 amending s. 215.985, F.S.; revising the requirements
1930 for a monthly financial statement provided by a water
1931 management district; amending s. 218.32, F.S.;
1932 revising the requirements of the annual financial
1933 audit report of a local governmental entity;
1934 authorizing the Department of Financial Services to
1935 request additional information from a local
1936 governmental entity; requiring a local governmental
1937 entity to respond to such requests within a specified
1938 timeframe; requiring the department to notify the
1939 Legislative Auditing Committee of noncompliance;
1940 amending s. 218.33, F.S.; requiring local governmental
1941 entities to establish and maintain internal controls
1942 to achieve specified purposes; amending s. 218.39,
1943 F.S.; requiring an audited entity to respond to audit
1944 recommendations under specified circumstances;
1945 amending s. 218.391, F.S.; revising the composition of
1946 an audit committee; prohibiting an audit committee
1947 member from being an employee, a chief executive
1948 officer, or a chief financial officer of the
1949 respective governmental entity; requiring the chair of
1950 an audit committee to sign and execute an affidavit
1951 affirming compliance with auditor selection
1952 procedures; prescribing procedures in the event of
1953 noncompliance with auditor selection procedures;
1954 amending s. 286.0114, F.S.; prohibiting a board or
1955 commission from requiring an advance copy of testimony
1956 or comments from a member of the public as a
1957 precondition to be given the opportunity to be heard
1958 at a public meeting; amending s. 288.92, F.S.;
1959 prohibiting specified officers and board members of
1960 Enterprise Florida, Inc., from representing a person
1961 or entity for compensation before Enterprise Florida,
1962 Inc., and associated entities thereof, for a specified
1963 timeframe; amending s. 288.9604, F.S.; prohibiting a
1964 director of the Florida Development Finance
1965 Corporation from representing a person or an entity
1966 for compensation before the corporation for a
1967 specified timeframe; amending s. 373.536, F.S.;
1968 deleting obsolete language; requiring water management
1969 districts to maintain certain budget documents on the
1970 districts’ websites for a specified period; amending
1971 s. 838.014, F.S.; revising and providing definitions;
1972 amending s. 838.015, F.S.; revising the definition of
1973 the term “bribery”; revising requirements for
1974 prosecution; amending s. 838.016, F.S.; revising the
1975 prohibition against unlawful compensation or reward
1976 for official behavior to conform to changes made by
1977 the act; amending s. 838.022, F.S.; revising the
1978 prohibition against official misconduct to conform to
1979 changes made by the act; revising applicability of the
1980 offense to include public contractors; amending s.
1981 838.22, F.S.; revising the prohibition against bid
1982 tampering to conform to changes made by the act;
1983 revising applicability of the offense to include
1984 specified public contractors; amending s. 1001.42,
1985 F.S.; authorizing additional internal audits as
1986 directed by the district school board; specifying
1987 duties of the district school board regarding
1988 visitation of schools; amending s. 1002.33, F.S.;
1989 revising the responsibilities of the governing board
1990 of a charter school to include the establishment and
1991 maintenance of internal controls; amending s. 1002.37,
1992 F.S.; requiring completion of an annual financial
1993 audit of the Florida Virtual School; specifying audit
1994 requirements; requiring an audit report to be
1995 submitted to the board of trustees of the Florida
1996 Virtual School and the Auditor General; removing
1997 obsolete provisions; amending s. 1010.01, F.S.;
1998 requiring each school district, Florida College System
1999 institution, and state university to establish and
2000 maintain certain internal controls; amending s.
2001 1010.30, F.S.; requiring a district school board,
2002 Florida College System institution board of trustees,
2003 or university board of trustees to respond to audit
2004 recommendations under certain circumstances; amending
2005 ss. 68.082, 68.083, 99.061, 218.503, and 1002.455,
2006 F.S.; conforming provisions and cross-references to
2007 changes made by the act; reenacting s. 112.534(2)(a),
2008 F.S., relating to official misconduct, and s.
2009 117.01(4)(d), F.S., relating to appointment,
2010 application, suspension, revocation, application fee,
2011 bond, and oath of notaries public, to incorporate the
2012 amendment made by the act to s. 838.022, F.S., in
2013 references thereto; reenacting s. 817.568(11), F.S.,
2014 relating to criminal use of personal identification
2015 information, to incorporate the amendment made by the
2016 act to s. 838.014, F.S., in a reference thereto;
2017 reenacting s. 921.0022(3)(d) and (g), F.S., relating
2018 to the Criminal Punishment Code offense severity
2019 ranking chart, to incorporate the amendments made by
2020 the act to ss. 838.015, 838.016, 838.022, and 838.22,
2021 F.S., in references thereto; providing for
2022 applicability; declaring that the act fulfills an
2023 important state interest; providing an effective date.