Senate Bill 2162c1

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    Florida Senate - 1999                           CS for SB 2162

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senators Kirkpatrick, Mitchell and Bronson




    316-2023-99

  1                      A bill to be entitled

  2         An act relating to local governments; creating

  3         s. 163.055, F.S.; creating the Local Government

  4         Financial Technical Assistance Program;

  5         directing the Comptroller to enter into

  6         contracts with program providers to assist

  7         small municipalities and independent special

  8         districts in financial and administrative

  9         matters; directing the Legislative Committee on

10         Intergovernmental Relations to advise the

11         Comptroller and conduct performance reviews of

12         the program; providing an appropriation;

13         providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 163.055, Florida Statutes, is

18  created to read:

19         163.055  Local Government Financial Technical

20  Assistance Program.--

21         (1)  Concerning municipalities and independent special

22  districts, the Legislature finds that:

23         (a)  Florida is a state composed of 400 municipalities

24  and almost 1,000 special districts statewide.

25         (b)  Of the 400 municipalities in the state, over 200

26  have a population under 5,000.

27         (c)  Projected revenue and expenditure trends of many

28  small municipalities and independent special districts

29  indicate that a serious fiscal condition has developed that

30  could require a number of municipalities and independent

31  special districts to declare financial emergencies.

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    Florida Senate - 1999                           CS for SB 2162
    316-2023-99




  1         (d)  State and federal mandates will continue to place

  2  additional funding demands on all municipalities and

  3  independent special districts.

  4         (e)  Millions of dollars are lost every year as many

  5  primarily small local governments experience financial

  6  deterioration, and many of those ultimately fall into

  7  financial emergency status.

  8         (f)  State government lacks the specific technical

  9  expertise or resources to effectively perform on-going

10  educational support and financial emergency detection or

11  assistance.

12         (2)  Recognizing the findings in subsection (1), the

13  Legislature declares that:

14         (a)  The fiscal emergencies confronting various

15  municipalities and independent special districts require an

16  investment that will facilitate efforts to improve the

17  productivity and efficiency of their financial structures and

18  operating procedures.

19         (b)  Current and additional revenue enhancements

20  authorized by the Legislature should be managed and

21  administered using appropriate management practices and

22  expertise.

23         (3)  The purpose of this section is to provide

24  technical assistance to municipalities and independent special

25  districts to enable them to implement workable solutions to

26  financially related problems.

27         (4)  The Comptroller shall enter into contracts with

28  program providers who shall:

29         (a)  Be a public agency or private, nonprofit

30  corporation, association, or entity.

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    Florida Senate - 1999                           CS for SB 2162
    316-2023-99




  1         (b)  Use existing resources, services, and information

  2  that are available from state or local agencies, universities,

  3  or the private sector.

  4         (c)  Seek and accept funding from any public or private

  5  source.

  6         (d)  Annually submit information to assist the

  7  Legislative Committee on Intergovernmental Relations in

  8  preparing a performance review that will include an analysis

  9  of the effectiveness of the program.

10         (e)  Assist municipalities and independent special

11  districts in developing alternative revenue sources.

12         (f)  Provide for an annual independent financial audit

13  of the program.

14         (g)  Provide assistance to municipalities and

15  independent special districts in the areas of financial

16  management, accounting, investing, budgeting, and debt

17  issuance.

18         (h)  Develop a needs-assessment to determine where

19  assistance should be targeted, and establish a priority system

20  to deliver assistance to those jurisdictions most in need

21  through the most economical means available.

22         (i)  Provide financial emergency assistance upon

23  direction from the Office of the Governor pursuant to s.

24  218.503.

25         (5)(a)  The Comptroller shall issue a request for

26  proposals to provide assistance to municipalities and

27  independent special districts. At the request of the

28  Comptroller, the Legislative Committee on Intergovernmental

29  Relations shall assist in the preparation of the request for

30  proposals.

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    Florida Senate - 1999                           CS for SB 2162
    316-2023-99




  1         (b)  The Comptroller shall review each contract

  2  proposal submitted.

  3         (c)  The Legislative Committee on Intergovernmental

  4  Relations shall review each contract proposal and submit to

  5  the Comptroller, in writing, advisory comments and

  6  recommendations, citing with specificity the reasons for its

  7  recommendations.

  8         (d)  The Comptroller and the committee shall consider

  9  the following factors in reviewing contract proposals:

10         1.  The demonstrated capacity of the provider to

11  conduct needs-assessments and implement the program as

12  proposed.

13         2.  The number of municipalities and independent

14  special districts to be served under the proposal.

15         3.  The cost of the program as specified in a proposed

16  budget.

17         4.  The short-term and long-term benefits of the

18  assistance to municipalities and independent special

19  districts.

20         5.  The form and extent to which existing resources,

21  services, and information that are available from state and

22  local agencies, universities, and the private sector will be

23  used by the provider under the contract.

24         (6)  A decision of the Comptroller to award a contract

25  under this section is final and shall be in writing with a

26  copy provided to the Legislative Committee on

27  Intergovernmental Relations.

28         (7)  The Comptroller may enter into contracts and

29  agreements with other state and local agencies and with any

30  person, association, corporation, or entity other than the

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    Florida Senate - 1999                           CS for SB 2162
    316-2023-99




  1  program providers, for the purpose of administering this

  2  section.

  3         (8)  The Comptroller shall provide fiscal oversight to

  4  ensure that funds expended for the program are used in

  5  accordance with the contracts entered into pursuant to

  6  subsection (4).

  7         (9)  The Legislative Committee on Intergovernmental

  8  Relations shall annually conduct a performance review of the

  9  program. The findings of the review shall be presented in a

10  report submitted to the Governor, the President of the Senate,

11  the Speaker of the House of Representatives, and the

12  Comptroller by January 15 of each year.

13         Section 2.  There is appropriated from the General

14  Revenue Fund to the Office of the Comptroller the sum of

15  $300,000 to implement the provisions of this act for Fiscal

16  Year 1999-2000.

17         Section 3.  This act shall take effect upon becoming a

18  law.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 2162

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23  Provides an appropriation of $300,000 of general revenue to
    the Office of the Comptroller to implement the Local
24  Government Financial Technical Assistance Program.

25  References to "special districts" are changed to "independent
    special districts" to clarify the units of local government
26  that are eligible for assistance under the bill.

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