Florida Senate - 2017                                    SB 1402
       
       
        
       By Senator Latvala
       
       
       
       
       
       16-01485-17                                           20171402__
    1                        A bill to be entitled                      
    2         An act relating to local governmental financial
    3         emergencies; amending s. 218.503, F.S.; expanding the
    4         entities that have oversight over local governmental
    5         entities, charter schools, charter technical career
    6         centers, and district school boards under certain
    7         circumstances; specifying the number of members to be
    8         on a financial emergency board; specifying the
    9         entities who shall appoint members to the board;
   10         providing qualifications of members and the chair of
   11         the board; revising the information to which the board
   12         has access; requiring the adoption of rules to conduct
   13         board business; authorizing the board to take
   14         specified actions; requiring recommendations and
   15         reports to be submitted to specified entities;
   16         authorizing the board to assume operation and
   17         institutional control of a local governmental entity’s
   18         or district school board’s functions under certain
   19         circumstances; amending s. 218.504, F.S.; conforming
   20         provisions to changes made by the act; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (1), (2), and (3) of section
   26  218.503, Florida Statutes, are amended, subsections (4), (5),
   27  and (6) are renumbered as subsections (5), (6), and (7),
   28  respectively, and a new subsection (4) is added to that section,
   29  to read:
   30         218.503 Determination of financial emergency.—
   31         (1) Local governmental entities, charter schools, charter
   32  technical career centers, and district school boards shall be
   33  subject to review and oversight by the Governor, the Senate, the
   34  House of Representatives, the Legislative Auditing Committee,
   35  the charter school sponsor, the charter technical career center
   36  sponsor, or the Commissioner of Education, as appropriate, when
   37  any one of the following conditions occurs:
   38         (a) Failure within the same fiscal year in which due to pay
   39  short-term loans or failure to make bond debt service or other
   40  long-term debt payments when due, as a result of a lack of
   41  funds.
   42         (b) Failure to pay uncontested claims from creditors within
   43  90 days after the claim is presented, as a result of a lack of
   44  funds.
   45         (c) Failure to transfer at the appropriate time, due to
   46  lack of funds:
   47         1. Taxes withheld on the income of employees; or
   48         2. Employer and employee contributions for:
   49         a. Federal social security; or
   50         b. Any pension, retirement, or benefit plan of an employee.
   51         (d) Failure for one pay period to pay, due to lack of
   52  funds:
   53         1. Wages and salaries owed to employees; or
   54         2. Retirement benefits owed to former employees.
   55         (2) A local governmental entity shall notify the Governor,
   56  the President of the Senate, the Speaker of the House of
   57  Representatives, and the Legislative Auditing Committee; a
   58  charter school shall notify the charter school sponsor, the
   59  Commissioner of Education, and the Legislative Auditing
   60  Committee; a charter technical career center shall notify the
   61  charter technical career center sponsor, the Commissioner of
   62  Education, and the Legislative Auditing Committee; and a
   63  district school board shall notify the Commissioner of Education
   64  and the Legislative Auditing Committee, when one or more of the
   65  conditions specified in subsection (1) have occurred or will
   66  occur if action is not taken to assist the local governmental
   67  entity, charter school, charter technical career center, or
   68  district school board. In addition, any state agency must,
   69  within 30 days after a determination that one or more of the
   70  conditions specified in subsection (1) have occurred or will
   71  occur if action is not taken to assist the local governmental
   72  entity, charter school, charter technical career center, or
   73  district school board, notify the Governor, charter school
   74  sponsor, charter technical career center sponsor, or the
   75  Commissioner of Education, as appropriate, and the President of
   76  the Senate, the Speaker of the House of Representatives, and the
   77  Legislative Auditing Committee.
   78         (3) Upon notification that one or more of the conditions in
   79  subsection (1) have occurred or will occur if action is not
   80  taken to assist the local governmental entity or district school
   81  board, the Governor or his or her designee, in cooperation with
   82  the appropriate committees and subcommittees of the House of
   83  Representatives and of the Senate, including the Legislative
   84  Auditing Committee, shall contact the local governmental entity
   85  or the Commissioner of Education or his or her designee shall
   86  contact the district school board to determine what actions have
   87  been taken by the local governmental entity or the district
   88  school board to resolve or prevent the condition. The
   89  information requested must be provided within 45 days after the
   90  date of the request. If the local governmental entity or the
   91  district school board does not comply with the request, the
   92  Governor or his or her designee or the Commissioner of Education
   93  or his or her designee shall notify the members of the
   94  Legislative Auditing Committee who may take action pursuant to
   95  s. 11.40. The Governor or the Commissioner of Education, as
   96  appropriate, shall determine whether the local governmental
   97  entity or the district school board needs state assistance to
   98  resolve or prevent the condition into the future. If state
   99  assistance is needed, the local governmental entity or district
  100  school board is considered to be in a state of financial
  101  emergency. The Governor or the Commissioner of Education, as
  102  appropriate, may has the authority to implement measures as set
  103  forth in ss. 218.50-218.504 to assist the local governmental
  104  entity or district school board in resolving the financial
  105  emergency. Such measures may include, but are not limited to:
  106         (a) Requiring approval of the local governmental entity’s
  107  budget by the Governor or approval of the district school
  108  board’s budget by the Commissioner of Education.
  109         (b) Authorizing a state loan to a local governmental entity
  110  and providing for repayment of same.
  111         (c) Prohibiting a local governmental entity or district
  112  school board from issuing bonds, notes, certificates of
  113  indebtedness, or any other form of debt until such time as it is
  114  no longer subject to this section.
  115         (d) Making such inspections and reviews of records,
  116  information, reports, and assets of the local governmental
  117  entity or district school board as are needed. The appropriate
  118  local officials shall cooperate in such inspections and reviews.
  119         (e) Consulting with officials and auditors of the local
  120  governmental entity or the district school board and the
  121  appropriate state officials regarding any steps necessary to
  122  bring the books of account, accounting systems, financial
  123  procedures, and reports into compliance with state requirements.
  124         (f) Providing technical assistance to the local
  125  governmental entity or the district school board.
  126         (g)1. Establishing and empowering a financial emergency
  127  board to oversee the activities of the local governmental entity
  128  or the district school board as set forth in subsection (4). If
  129  a financial emergency board is established for a local
  130  governmental entity, the Governor shall appoint board members
  131  and select a chair. If a financial emergency board is
  132  established for a district school board, the State Board of
  133  Education shall appoint board members and select a chair. The
  134  financial emergency board shall adopt such rules as are
  135  necessary for conducting board business. The board may:
  136         a.Make such reviews of records, reports, and assets of the
  137  local governmental entity or the district school board as are
  138  needed.
  139         b.Consult with officials and auditors of the local
  140  governmental entity or the district school board and the
  141  appropriate state officials regarding any steps necessary to
  142  bring the books of account, accounting systems, financial
  143  procedures, and reports of the local governmental entity or the
  144  district school board into compliance with state requirements.
  145         c.Review the operations, management, efficiency,
  146  productivity, and financing of functions and operations of the
  147  local governmental entity or the district school board.
  148         d.Consult with other governmental entities for the
  149  consolidation of all administrative direction and support
  150  services, including, but not limited to, services for asset
  151  sales, economic and community development, building inspections,
  152  parks and recreation, facilities management, engineering and
  153  construction, insurance coverage, risk management, planning and
  154  zoning, information systems, fleet management, and purchasing.
  155         2.The recommendations and reports made by the financial
  156  emergency board must be submitted to the Governor for local
  157  governmental entities or to the Commissioner of Education and
  158  the State Board of Education for district school boards for
  159  appropriate action.
  160         (h) Requiring and approving a plan, to be prepared by
  161  officials of the local governmental entity or the district
  162  school board in consultation with the appropriate state
  163  officials, prescribing actions that will cause the local
  164  governmental entity or district school board to no longer be
  165  subject to this section. The plan must include, but need not be
  166  limited to:
  167         1. Provision for payment in full of obligations outlined in
  168  subsection (1), designated as priority items, which are
  169  currently due or will come due.
  170         2. Establishment of priority budgeting or zero-based
  171  budgeting in order to eliminate items that are not affordable.
  172         3. The prohibition of a level of operations which can be
  173  sustained only with nonrecurring revenues.
  174         4. Provisions implementing the consolidation, sourcing, or
  175  discontinuance of all administrative direction and support
  176  services, including, but not limited to, services for asset
  177  sales, economic and community development, building inspections,
  178  parks and recreation, facilities management, engineering and
  179  construction, insurance coverage, risk management, planning and
  180  zoning, information systems, fleet management, and purchasing.
  181         (4)(a)Any financial emergency board established must
  182  consist of at least 7 members but not more than 13 members.
  183         1.If a financial emergency board is established for a
  184  local governmental entity, the President of the Senate and the
  185  Speaker of the House of Representatives shall each appoint two
  186  of the members to the board. The Governor shall appoint the
  187  remainder of the board members and shall designate the chair of
  188  the board.
  189         2.If a financial emergency board is established for a
  190  district school board, the President of the Senate and the
  191  Speaker of the House of Representatives shall each appoint two
  192  of the members to the board. The State Board of Education shall
  193  appoint the remainder of the board members and shall designate
  194  the chair of the board.
  195         (b)Appointees to a financial emergency board should
  196  collectively possess the knowledge, skills, and competencies
  197  needed to perform their individual responsibilities and
  198  accomplish the mission of the financial emergency board,
  199  including, but not limited to, internal quality control,
  200  finance, business administration, and public works. The chair of
  201  the financial emergency board must have experience in at least
  202  one of the following positions or areas:
  203         1.Inspector general.
  204         2.Supervisory experience in an office of inspector general
  205  or an investigative public agency similar to an office of
  206  inspector general.
  207         3.Local, state, or federal law enforcement officer.
  208         4.Local, state, or federal court judge.
  209         5.Senior-level auditor or comptroller.
  210         6.The administration and management of complex audits and
  211  investigations.
  212         7.Managing programs for prevention, examination,
  213  detection, elimination of fraud, waste, abuse, mismanagement,
  214  malfeasance, or misconduct in government or other organizations.
  215         8.Certified fraud examiner.
  216         (c)The financial emergency board shall have access to
  217  records, data, and other information of the local governmental
  218  entity or the district school board which the board deems
  219  necessary to carry out its duties and shall be given the
  220  technical and financial resources necessary to complete those
  221  duties. The financial emergency board shall adopt such rules as
  222  are necessary for conducting board business. The board may:
  223         1.Hire or retain legal counsel.
  224         2.Obtain external advice and assistance if the internal
  225  audit staff lacks the knowledge, skills, or other competencies
  226  needed to perform all or part of the duties necessary to resolve
  227  the financial emergency conditions.
  228         3.Request and obtain assistance from any federal agency,
  229  state agency, or local entity.
  230         4.Issue and serve subpoenas or subpoenas duces tecum to
  231  compel the attendance of witnesses and the production of
  232  documents, reports, answers, records, accounts, and data in any
  233  format. In the event of noncompliance with a subpoena issued
  234  pursuant to this subparagraph, the chair of the financial
  235  emergency board may petition the circuit court of the county for
  236  an order requiring the subpoenaed person to appear and testify
  237  and to produce documents.
  238         5.Require a person to file a statement in writing, under
  239  oath, as to all the facts and circumstances concerning the
  240  matter to be audited, examined, or investigated.
  241         6.Make such reviews of records, reports, and assets of the
  242  local governmental entity or the district school board as are
  243  needed.
  244         7.Consult with officials and auditors of the local
  245  governmental entity or the district school board and the
  246  appropriate state officials regarding any steps necessary to
  247  bring the books of account, accounting systems, financial
  248  procedures, and reports of the local governmental entity or the
  249  district school board into compliance with state requirements.
  250         8.Review the operations, management, efficiency,
  251  productivity, and financing of functions and operations of the
  252  local governmental entity or the district school board.
  253         9.Consult with other governmental entities for the
  254  consolidation of all administrative direction and support
  255  services, including, but not limited to, services for asset
  256  sales, economic and community development, building inspections,
  257  parks and recreation, facilities management, engineering and
  258  construction, insurance coverage, risk management, planning and
  259  zoning, information systems, fleet management, and purchasing.
  260         (d)1.Each recommendation and report made by the financial
  261  emergency board addressing a local entity must be submitted to
  262  the Governor, the President of the Senate, the Speaker of the
  263  House of Representatives, the Legislative Auditing Committee,
  264  and the local governmental entity under review.
  265         2.Each recommendation and report made by the financial
  266  emergency board addressing a district school board must be
  267  submitted to the Governor, the President of the Senate, the
  268  Speaker of the House of Representatives, the Legislative
  269  Auditing Committee, the Commissioner of Education, and the State
  270  Board of Education for appropriate action.
  271         (e)If a local governmental entity or the district school
  272  board, as appropriate, fails to remedy or take action on
  273  recommendations made in any report submitted under paragraph (d)
  274  within 60 days after receiving the recommendations, the
  275  financial emergency board may assume operation and institutional
  276  control of the local governmental entity’s or district school
  277  board’s functions.
  278         Section 2. Paragraph (b) of subsection (1) and subsection
  279  (2) of section 218.504, Florida Statutes, are amended to read:
  280         218.504 Cessation of state action.—The Governor or the
  281  Commissioner of Education, as appropriate, has the authority to
  282  terminate all state actions pursuant to ss. 218.50-218.504.
  283  Cessation of state action must not occur until the Governor or
  284  the Commissioner of Education, as appropriate, has determined
  285  that:
  286         (1) The local governmental entity, charter school, charter
  287  technical career center, or district school board:
  288         (b) Has resolved the conditions outlined in s. 218.503(1)
  289  or (4) s. 218.503(1).
  290         (2) None of the conditions outlined in s. 218.503(1) or (4)
  291  s. 218.503(1) exists.
  292         Section 3. This act shall take effect upon becoming a law.