CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Sorensen offered the following:

12

13         Amendment (with title amendment) 

14         On page 43, between lines 23 and 24, of the bill

15

16  insert:

17         Section 42.  Effective July 1, 2002, section 215.195,

18  Florida Statutes, is amended to read:

19         215.195  Agency deposits relating to the Statewide Cost

20  Allocation Plan.--

21         (1)  APPLICATION FOR ALLOCABLE STATEWIDE

22  OVERHEAD.--Each state agency, and the judicial branch, making

23  application for federal grant or contract funds shall, in

24  accordance with the Statewide Cost Allocation Plan (SWCAP),

25  include in its application a prorated share of the cost of

26  services provided by state central service agencies which are

27  reimbursable to the state pursuant to the provisions of Office

28  of Management and Budget Circular A-87. Preparation of the

29  Statewide Cost Allocation Plan and coordination thereof with

30  all applicable parties is the responsibility of the

31  Comptroller.  The Comptroller shall ensure that the SWCAP

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  presents the most favorable allocation of central services

  2  cost allowable to the state by the Federal Government.

  3         (2)  DEPOSIT OF OVERHEAD IN THE GENERAL REVENUE

  4  FUND.--If an application for federal grant or contract funds

  5  is approved, the state agency or judicial branch receiving the

  6  federal grant or contract shall identify that portion

  7  representing reimbursement of allocable statewide overhead and

  8  deposit that amount into the General Revenue Fund unallocated

  9  as directed by the Comptroller Executive Office of the

10  Governor. The Comptroller shall be responsible for monitoring

11  agency compliance with this section.

12         Section 43.  Effective July 1, 2002, section 215.97,

13  Florida Statutes, is amended to read:

14         215.97  Florida Single Audit Act.--

15         (1)  The purposes of the section are to:

16         (a)  Establish uniform state audit requirements for

17  state financial assistance provided by state agencies to

18  nonstate entities to carry out state projects.

19         (b)  Promote sound financial management, including

20  effective internal controls, with respect to state financial

21  assistance administered by nonstate entities.

22         (c)  Promote audit economy and efficiency by relying to

23  the extent possible on already required audits of federal

24  financial assistance provided to nonstate entities.

25         (d)  Provide for identification of state financial

26  assistance transactions in the appropriations act, state

27  accounting records, and recipient organization records.

28         (e)  Promote improved coordination and cooperation

29  within and between affected state agencies providing state

30  financial assistance and nonstate entities receiving state

31  assistance.

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (f)  Ensure, to the maximum extent possible, that state

  2  agencies monitor, use, and followup on audits of state

  3  financial assistance provided to nonstate entities.

  4         (2)  Definitions; as used in this section, the term:

  5         (a)  "Audit threshold" means the threshold amount used

  6  to determine to use in determining when a state single audit

  7  of a nonstate entity shall be conducted in accordance with

  8  this section. Each nonstate entity that expends a total amount

  9  of state financial assistance equal to or in excess of

10  $300,000 in any fiscal year of such nonstate entity shall be

11  required to have a state single audit for such fiscal year in

12  accordance with the requirements of this section. Every 2

13  years the Auditor General, after consulting with the Executive

14  Office of the Governor, the Comptroller, and all state

15  awarding agencies that provide state financial assistance to

16  nonstate entities, shall review the threshold amount for

17  requiring audits under this section and may adjust such

18  threshold dollar amount consistent with the purposes purpose

19  of this section.

20         (b)  "Auditing standards" means the auditing standards

21  as stated in the rules of the Auditor General as applicable to

22  for-profit organizations, nonprofit organizations, or local

23  governmental entities.

24         (c)  "Catalog of State Financial Assistance" means a

25  comprehensive listing of state projects. The Catalog of State

26  Financial Assistance shall be issued by the Comptroller

27  Executive Office of the Governor after conferring with the

28  Comptroller and all state awarding agencies that provide state

29  financial assistance to nonstate entities. The Catalog of

30  State Financial Assistance shall include for each listed state

31  project: the responsible state awarding agency; standard state

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  project number identifier; official title; legal

  2  authorization; and description of the state project, including

  3  objectives, restrictions, application and awarding procedures,

  4  and other relevant information determined necessary.

  5         (d)  "Coordinating agency" means the state awarding

  6  agency that provides the predominant amount of state financial

  7  assistance expended by a recipient, as determined by the

  8  recipient's Schedule of Expenditures of State Financial

  9  Assistance. To provide continuity, the determination of the

10  predominant amount of state financial assistance shall be

11  based upon state financial assistance expended in the

12  recipient's fiscal years ending in 2003, 2006, and 2009, and

13  every third year thereafter.

14         (e)(d)  "Financial reporting package" means the

15  nonstate entities' financial statements, Schedule of

16  Expenditures of State Financial Assistance, auditor's reports,

17  management letter, auditee's written responses or corrective

18  action plan, correspondence on followup of prior years'

19  corrective actions taken, and such other information

20  determined by the Auditor General to be necessary and

21  consistent with the purposes of this section.

22         (f)(e)  "Federal financial assistance" means financial

23  assistance from federal sources passed through the state and

24  provided to nonstate organizations entities to carry out a

25  federal program. "Federal financial assistance" includes all

26  types of federal assistance as defined in applicable United

27  States Office of Management and Budget circulars.

28         (g)(f)  "For-profit organization" means any

29  organization or sole proprietor that but is not a local

30  governmental entity or a nonprofit organization.

31         (h)(g)  "Independent auditor" means an external state

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  or local governmental government auditor or a certified public

  2  accountant who meets the independence standards.

  3         (i)(h)  "Internal control over state projects" means a

  4  process, effected by a nonstate an entity's management and

  5  other personnel, designed to provide reasonable assurance

  6  regarding the achievement of objectives in the following

  7  categories:

  8         1.  Effectiveness and efficiency of operations.

  9         2.  Reliability of financial operations.

10         3.  Compliance with applicable laws and regulations.

11         (j)(i)  "Local governmental entity" means a county

12  agency, municipality, or special district or any other entity

13  (other than a district school board, charter school, or

14  community college, or public university), however styled,

15  which independently exercises any type of governmental

16  function within the state.

17         (k)(j)  "Major state project" means any state project

18  meeting the criteria as stated in the rules of the Comptroller

19  Executive Office of the Governor. Such criteria shall be

20  established after consultation with all the Comptroller and

21  appropriate state awarding agencies that provide state

22  financial assistance and shall consider the amount of state

23  project expenditures and or expenses or inherent risks. Each

24  major state project shall be audited in accordance with the

25  requirements of this section.

26         (l)(k)  "Nonprofit organization" means any corporation,

27  trust, association, cooperative, or other organization that:

28         1.  Is operated primarily for scientific, educational

29  service, charitable, or similar purpose in the public

30  interest;

31         2.  Is not organized primarily for profit;

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         3.  Uses net proceeds to maintain, improve, or expand

  2  the operations of the organization; and

  3         4.  Has no part of its income or profit distributable

  4  to its members, directors, or officers.

  5         (m)(l)  "Nonstate entity" means a local governmental

  6  entity, nonprofit organization, or for-profit organization

  7  that receives state financial assistance resources.

  8         (n)  "Nonstate organization" means a local governmental

  9  entity, nonprofit organization, or for-profit organization

10  that receives state resources.

11         (o)(m)  "Recipient" means a nonstate entity that

12  receives state financial assistance directly from a state

13  awarding agency.

14         (p)(n)  "Schedule of Expenditures of State Financial

15  Assistance" means a document prepared in accordance with the

16  rules of the Comptroller and included in each financial

17  reporting package required by this section.

18         (q)(o)  "State awarding agency" means a the state

19  agency, as defined in s. 216.011, that provides provided state

20  financial assistance to a the nonstate entity.

21         (r)(p)  "State financial assistance" means financial

22  assistance from state resources, not including federal

23  financial assistance and state matching on federal programs,

24  provided to a nonstate entity entities to carry out a state

25  project. "State financial assistance" shall include the

26  includes all types of state resources assistance as stated in

27  the rules of the Comptroller Executive Office of the Governor

28  established in consultation with all the Comptroller and

29  appropriate state awarding agencies that provide state

30  financial assistance. It includes State financial assistance

31  may be provided directly by state awarding agencies or

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  indirectly by nonstate entities recipients of state awards or

  2  subrecipients. State financial assistance It does not include

  3  procurement contracts used to buy goods or services from

  4  vendors and. Audits of such procurement contracts with vendors

  5  are outside of the scope of this section. Also, audits of

  6  contracts to operate state-owned state-government-owned and

  7  contractor-operated facilities are excluded from the audit

  8  requirements of this section.

  9         (s)(q)  "State matching" means state resources provided

10  to a nonstate entity entities to be used to meet federal

11  financial participation matching requirements of federal

12  programs.

13         (t)  "State program" means a set of special purpose

14  activities undertaken to realize identifiable goals and

15  objectives in order to achieve a state agency's mission and

16  legislative intent requiring accountability for state

17  resources.

18         (u)(r)  "State project" means a state program that

19  provides all state financial assistance to a nonstate

20  organization and that must be entity assigned a single state

21  project number identifier in the Catalog of State Financial

22  Assistance.

23         (v)(s)  "State Projects Compliance Supplement" means a

24  document issued by the Comptroller Executive Office of the

25  Governor, in consultation with the Comptroller and all state

26  awarding agencies that provide state financial assistance. The

27  State Projects Compliance Supplement shall identify state

28  projects, the significant compliance requirements, eligibility

29  requirements, matching requirements, suggested audit

30  procedures, and other relevant information determined

31  necessary.

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (w)(t)  "State project-specific audit" means an audit

  2  of one state project performed in accordance with the

  3  requirements of subsection (10) (9).

  4         (x)(u)  "State single audit" means an audit of a

  5  nonstate entity's financial statements and state financial

  6  assistance. Such audits shall be conducted in accordance with

  7  the auditing standards as stated in the rules of the Auditor

  8  General.

  9         (y)(v)  "Subrecipient" means a nonstate entity that

10  receives state financial assistance through another nonstate

11  entity.

12         (z)(w)  "Vendor" means a dealer, distributor, merchant,

13  or other seller providing goods or services that are required

14  for the conduct of a state project. These goods or services

15  may be for an organization's own use or for the use of

16  beneficiaries of the state project.

17         (3)  The Executive Office of the Governor shall be

18  responsible for notifying the Comptroller of any actions

19  during the budgetary process that impact the Catalog of State

20  Financial Assistance.:

21         (a)  Upon conferring with the Comptroller and all state

22  awarding agencies, adopt rules necessary to provide

23  appropriate guidance to state awarding agencies, recipients

24  and subrecipients, and independent auditors of state financial

25  assistance relating to the requirements of this section,

26  including:

27         1.  The types or classes of financial assistance

28  considered to be state financial assistance which would be

29  subject to the requirements of this section. This would

30  include guidance to assist in identifying when the state

31  agency or recipient has contracted with a vendor rather than

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  with a recipient or subrecipient.

  2         2.  The criteria for identifying a major state project.

  3         3.  The criteria for selecting state projects for

  4  audits based on inherent risk.

  5         (b)  Be responsible for coordinating the initial

  6  preparation and subsequent revisions of the Catalog of State

  7  Financial Assistance after consultation with the Comptroller

  8  and all state awarding agencies.

  9         (c)  Be responsible for coordinating the initial

10  preparation and subsequent revisions of the State Projects

11  Compliance Supplement, after consultation with the Comptroller

12  and all state awarding agencies.

13         (4)  The Comptroller shall:

14         (a)  Upon conferring with the Executive Office of the

15  Governor and all state awarding agencies, adopt rules

16  necessary to provide appropriate guidance to state awarding

17  agencies, nonstate entities, and independent auditors of state

18  financial assistance relating to the requirements of this

19  section, including:

20         1.  The types or classes of state resources considered

21  to be state financial assistance that would be subject to the

22  requirements of this section. This would include guidance to

23  assist in identifying when the state awarding agency or a

24  nonstate entity has contracted with a vendor rather than with

25  a recipient or subrecipient.

26         2.  The criteria for identifying a major state project.

27         3.  The criteria for selecting state projects for

28  audits based on inherent risk.

29         (b)  Be responsible for coordinating revisions to the

30  Catalog of State Financial Assistance after consultation with

31  the Executive Office of the Governor and all state awarding

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  agencies.

  2         (c)  Be responsible for coordinating with the Executive

  3  Office of the Governor actions affecting the budgetary process

  4  under paragraph (b).

  5         (d)  Be responsible for coordinating revisions to the

  6  State Projects Compliance Supplement, after consultation with

  7  the Executive Office of the Governor and all state awarding

  8  agencies.

  9         (e)(a)  Make enhancements to the state's accounting

10  system to provide for the:

11         1.  Recording of state financial assistance and federal

12  financial assistance appropriations and expenditures within

13  the state awarding agencies' operating funds.

14         2.  Recording of state project number identifiers, as

15  provided in the Catalog of State Financial Assistance, for

16  state financial assistance.

17         3.  Establishment and recording of an identification

18  code for each financial transaction, including state awarding

19  agencies' disbursements of state financial assistance and

20  federal financial assistance, as to the corresponding type or

21  organization that is party to the transaction (e.g., other

22  governmental agencies, nonprofit organizations, and for-profit

23  organizations), and disbursements of federal financial

24  assistance, as to whether the party to the transaction is or

25  is not a nonstate entity recipient or subrecipient.

26         (f)(b)  Upon conferring with the Executive Office of

27  the Governor and all state awarding agencies, adopt rules

28  necessary to provide appropriate guidance to state awarding

29  agencies, nonstate entities recipients and subrecipients, and

30  independent auditors of state financial assistance relating to

31  the format for the Schedule of Expenditures of State Financial

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  Assistance.

  2         (g)(c)  Perform any inspections, reviews,

  3  investigations, or audits of state financial assistance

  4  considered necessary in carrying out the Comptroller's legal

  5  responsibilities for state financial assistance or to comply

  6  with the requirements of this section.

  7         (5)  Each state awarding agency shall:

  8         (a)  Provide to each a recipient information needed by

  9  the recipient to comply with the requirements of this section,

10  including:

11         1.  The audit and accountability requirements for state

12  projects as stated in this section and applicable rules of the

13  Executive Office of the Governor, rules of the Comptroller,

14  and rules of the Auditor General.

15         2.  Information from the Catalog of State Financial

16  Assistance, including the standard state project number

17  identifier; official title; legal authorization; and

18  description of the state project including objectives,

19  restrictions, and other relevant information determined

20  necessary.

21         3.  Information from the State Projects Compliance

22  Supplement, including the significant compliance requirements,

23  eligibility requirements, matching requirements, suggested

24  audit procedures, and other relevant information determined

25  necessary.

26         (b)  Require the recipient, as a condition of receiving

27  state financial assistance, to allow the state awarding

28  agency, the Comptroller, and the Auditor General access to the

29  recipient's records and the recipient's independent auditor's

30  working papers as necessary for complying with the

31  requirements of this section.

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (c)  Notify the recipient that this section does not

  2  limit the authority of the state awarding agency to conduct or

  3  arrange for the conduct of additional audits or evaluations of

  4  state financial assistance or limit the authority of any state

  5  awarding agency inspector general, the Auditor General, or any

  6  other state official.

  7         (d)  Be provided one copy of each financial reporting

  8  package prepared in accordance with the requirement of this

  9  section.

10         (e)  Review the recipient's recipient financial

11  reporting package, including the management letters and

12  corrective action plans, to the extent necessary to determine

13  whether timely and appropriate corrective action has been

14  taken with respect to audit findings and recommendations

15  pertaining to state financial assistance that is specific to

16  provided by the state awarding agency.

17         (f)  Designate within the state awarding agency a

18  division, bureau, or other organizational unit that will be

19  responsible for reviewing financial reporting packages

20  pursuant to paragraph (e).

21

22  If the state awarding agency is not the coordinating agency as

23  defined in paragraph (2)(d), the state awarding agency's

24  designated division, bureau, or other organizational unit

25  shall communicate to the coordinating agency the state

26  awarding agency's approval of the recipient's corrective

27  action plan with respect to findings and recommendations that

28  are not specific to the state awarding agency.

29         (6)  Each coordinating agency shall:

30         (a)  Review the recipient's financial reporting

31  package, including the management letter and corrective action

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  plan, to identify audit findings and recommendations that

  2  affect state financial assistance that is not specific to a

  3  particular state awarding agency.

  4         (b)  For any such findings and recommendations

  5  determine:

  6         1.  Whether timely and appropriate corrective action

  7  has been taken.

  8         2.  Promptly inform the state awarding agency's

  9  contact, as designated pursuant to paragraph (5)(f), of

10  actions taken by the recipient to comply with the approved

11  corrective action plan.

12         (c)  Maintain records of followup actions taken for the

13  use of any succeeding coordinating agency.

14         (7)(6)  As a condition of receiving state financial

15  assistance, each nonstate entity recipient that provides state

16  financial assistance to a subrecipient shall:

17         (a)  Provide to each a subrecipient information needed

18  by the subrecipient to comply with the requirements of this

19  section, including:

20         1.  Identification of the state awarding agency.

21         2.  The audit and accountability requirements for state

22  projects as stated in this section and applicable rules of the

23  Executive Office of the Governor, rules of the Comptroller,

24  and rules of the Auditor General.

25         3.  Information from the Catalog of State Financial

26  Assistance, including the standard state project number

27  identifier; official title; legal authorization; and

28  description of the state project, including objectives,

29  restrictions, and other relevant information.

30         4.  Information from the State Projects Compliance

31  Supplement including the significant compliance requirements,

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  eligibility requirements, matching requirements, and suggested

  2  audit procedures, and other relevant information determined

  3  necessary.

  4         (b)  Review the financial reporting package of the

  5  subrecipient audit reports, including the management letter

  6  and corrective action plan letters, to the extent necessary to

  7  determine whether timely and appropriate corrective action has

  8  been taken with respect to audit findings and recommendations

  9  pertaining to state financial assistance provided by a the

10  state awarding agency or nonstate entity.

11         (c)  Perform such other procedures as specified in

12  terms and conditions of the written agreement with the state

13  awarding agency or nonstate entity including any required

14  monitoring of the subrecipient's use of state financial

15  assistance through onsite visits, limited scope audits, or

16  other specified procedures.

17         (d)  Require subrecipients, as a condition of receiving

18  state financial assistance, to permit the independent auditor

19  of the nonstate entity recipient, the state awarding agency,

20  the Comptroller, and the Auditor General access to the

21  subrecipient's records and the subrecipient's independent

22  auditor's working papers as necessary to comply with the

23  requirements of this section.

24         (8)(7)  Each recipient or subrecipient of state

25  financial assistance shall comply with the following:

26         (a)  Each nonstate entity that receives state financial

27  assistance and meets the audit threshold requirements, in any

28  fiscal year of the nonstate entity, as stated in the rules of

29  the Auditor General, shall have a state single audit conducted

30  for such fiscal year in accordance with the requirements of

31  this act and with additional requirements established in rules

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  of the Executive Office of the Governor, rules of the

  2  Comptroller, and rules of the Auditor General. If only one

  3  state project is involved in a nonstate entity's fiscal year,

  4  the nonstate entity may elect to have only a state

  5  project-specific audit of the state project for that fiscal

  6  year.

  7         (b)  Each nonstate entity that receives state financial

  8  assistance and does not meet the audit threshold requirements,

  9  in any fiscal year of the nonstate entity, as stated in this

10  law or the rules of the Auditor General is exempt for such

11  fiscal year from the state single audit requirements of this

12  section. However, such nonstate entity must meet terms and

13  conditions specified in the written agreement with the state

14  awarding agency or nonstate entity.

15         (c)  Regardless of the amount of the state financial

16  assistance, the provisions of this section do not exempt a

17  nonstate entity from compliance with provisions of law

18  relating to maintaining records concerning state financial

19  assistance to such nonstate entity or allowing access and

20  examination of those records by the state awarding agency,

21  nonstate entity, the Comptroller, or the Auditor General.

22         (d)  Audits conducted pursuant to this section shall be

23  performed annually.

24         (e)  Audits conducted pursuant to this section shall be

25  conducted by independent auditors in accordance with auditing

26  standards as stated in rules of the Auditor General.

27         (f)  Upon completion of the audit as required by this

28  section, a copy of the recipient's financial reporting package

29  shall be filed with the state awarding agency and the Auditor

30  General. Upon completion of the audit as required by this

31  section, a copy of the subrecipient's financial reporting

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  package shall be filed with the nonstate entity recipient that

  2  provided the state financial assistance and the Auditor

  3  General. The financial reporting package shall be filed in

  4  accordance with the rules of the Auditor General.

  5         (g)  All financial reporting packages prepared pursuant

  6  to the requirements of this section shall be available for

  7  public inspection.

  8         (h)  If an audit conducted pursuant to this section

  9  discloses any significant audit findings relating to state

10  financial assistance, including material noncompliance with

11  individual state project compliance requirements or reportable

12  conditions in internal controls of the nonstate entity, the

13  nonstate entity shall submit as part of the financial

14  reporting audit package to the state awarding agency or

15  nonstate entity a plan for corrective action to eliminate such

16  audit findings or a statement describing the reasons that

17  corrective action is not necessary.

18         (i)  An audit conducted in accordance with this section

19  is in addition to any audit of federal awards required by the

20  federal Single Audit Act and other federal laws and

21  regulations. To the extent that such federally required audits

22  provide the state awarding agency or nonstate entity with

23  information it requires to carry out its responsibilities

24  under state law or other guidance, the a state awarding agency

25  or nonstate entity shall rely upon and use that information.

26         (j)  Unless prohibited by law, the costs cost of audits

27  pursuant to this section are is allowable charges to state

28  projects. However, any charges to state projects should be

29  limited to those incremental costs incurred as a result of the

30  audit requirements of this section in relation to other audit

31  requirements. The nonstate entity should allocate such

                                  16

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  incremental costs to all state projects for which it expended

  2  state financial assistance.

  3         (k)  Audit costs may not be charged to state projects

  4  when audits required by this section have not been made or

  5  have been made but not in accordance with this section. If a

  6  nonstate entity fails to have an audit conducted consistent

  7  with this section, a state awarding agency or nonstate entity

  8  agencies may take appropriate corrective action to enforce

  9  compliance.

10         (l)  This section does not prohibit the state awarding

11  agency or nonstate entity from including terms and conditions

12  in the written agreement which require additional assurances

13  that state financial assistance meets the applicable

14  requirements of laws, regulations, and other compliance rules.

15         (m)  A state awarding agency or nonstate entity that

16  provides state financial assistance to nonstate entities and

17  conducts or arranges for audits of state financial assistance

18  that are in addition to the audits conducted under this act,

19  including audits of nonstate entities that do not meet the

20  audit threshold requirements, shall, consistent with other

21  applicable law, arrange for funding the full cost of such

22  additional audits.

23         (9)(8)  The independent auditor when conducting a state

24  single audit of a nonstate entity recipients or subrecipients

25  shall:

26         (a)  Determine whether the nonstate entity's financial

27  statements are presented fairly in all material respects in

28  conformity with generally accepted accounting principles.

29         (b)  Determine whether state financial assistance shown

30  on the Schedule of Expenditures of State Financial Assistance

31  is presented fairly in all material respects in relation to

                                  17

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  the nonstate entity's financial statements taken as a whole.

  2         (c)  With respect to internal controls pertaining to

  3  each major state project:

  4         1.  Obtain an understanding of internal controls;

  5         2.  Assess control risk;

  6         3.  Perform tests of controls unless the controls are

  7  deemed to be ineffective; and

  8         4.  Determine whether the nonstate entity has internal

  9  controls in place to provide reasonable assurance of

10  compliance with the provisions of laws and rules pertaining to

11  state financial assistance that have a material effect on each

12  major state project.

13         (d)  Determine whether each major state project

14  complied with the provisions of laws, rules, and guidelines as

15  identified in the State Projects Compliance Supplement, or

16  otherwise identified by the state awarding agency, which have

17  a material effect on each major state project. When major

18  state projects are less than 50 percent of the nonstate

19  entity's total expenditures for all state financial

20  assistance, the auditor shall select and test additional state

21  projects as major state projects as necessary to achieve audit

22  coverage of at least 50 percent of the expenditures for all

23  state financial assistance provided to the nonstate entity.

24  Additional state projects needed to meet the 50-percent

25  requirement may be selected on an inherent risk basis as

26  stated in the rules of the Comptroller Executive Office of the

27  Governor.

28         (e)  Report on the results of any audit conducted

29  pursuant to this section in accordance with the rules of the

30  Executive Office of the Governor, rules of the Comptroller,

31  and rules of the Auditor General. Financial reporting packages

                                  18

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  Audit reports shall include summaries of the auditor's results

  2  regarding the nonstate entity's financial statements; Schedule

  3  of Expenditures of State Financial Assistance; internal

  4  controls; and compliance with laws, rules, and guidelines.

  5         (f)  Issue a management letter as prescribed in the

  6  rules of the Auditor General.

  7         (g)  Upon notification by the nonstate entity, make

  8  available the working papers relating to the audit conducted

  9  pursuant to the requirements of this section to the state

10  awarding agency, the Comptroller, or the Auditor General for

11  review or copying.

12         (10)(9)  The independent auditor, when conducting a

13  state project-specific audit of a nonstate entity recipients

14  or subrecipients, shall:

15         (a)  Determine whether the nonstate entity's Schedule

16  of Expenditures of State Financial Assistance is presented

17  fairly in all material respects in conformity with stated

18  accounting policies.

19         (b)  Obtain an understanding of internal controls

20  control and perform tests of internal controls control over

21  the state project consistent with the requirements of a major

22  state project.

23         (c)  Determine whether or not the auditee has complied

24  with applicable provisions of laws, rules, and guidelines as

25  identified in the State Projects Compliance Supplement, or

26  otherwise identified by the state awarding agency, which could

27  have a direct and material effect on the state project.

28         (d)  Report on the results of the a state

29  project-specific audit consistent with the requirements of the

30  state single audit and issue a management letter as prescribed

31  in the rules of the Auditor General.

                                  19

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (e)  Upon notification by the nonstate entity, make

  2  available the working papers relating to the audit conducted

  3  pursuant to the requirements of this section to the state

  4  awarding agency, the Comptroller, or the Auditor General for

  5  review or copying.

  6         (11)(10)  The Auditor General shall:

  7         (a)  Have the authority to audit state financial

  8  assistance provided to any nonstate entity when determined

  9  necessary by the Auditor General or when directed by the

10  Legislative Auditing Committee.

11         (b)  Adopt rules that state the auditing standards that

12  independent auditors are to follow for audits of nonstate

13  entities required by this section.

14         (c)  Adopt rules that describe the contents and the

15  filing deadlines for the financial reporting package.

16         (d)  Provide technical advice upon request of the

17  Comptroller, Executive Office of the Governor, and state

18  awarding agencies relating to financial reporting and audit

19  responsibilities contained in this section.

20         (e)  Be provided one copy of each financial reporting

21  package prepared in accordance with the requirements of this

22  section.

23         (f)  Perform ongoing reviews of a sample of financial

24  reporting packages filed pursuant to the requirements of this

25  section to determine compliance with the reporting

26  requirements of this section and applicable rules of the

27  Executive Office of the Governor, rules of the Comptroller,

28  and rules of the Auditor General.

29         Section 44.  Effective July 1, 2002, one full-time

30  equivalent position is transferred from the Executive Office

31  of the Governor to the Comptroller.

                                  20

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         Section 45.  Effective January 1, 2003, section

  2  215.195, Florida Statutes, as amended by this act, is amended

  3  to read:

  4         215.195  Agency deposits relating to the Statewide Cost

  5  Allocation Plan.--

  6         (1)  APPLICATION FOR ALLOCABLE STATEWIDE

  7  OVERHEAD.--Each state agency, and the judicial branch, making

  8  application for federal grant or contract funds shall, in

  9  accordance with the Statewide Cost Allocation Plan (SWCAP),

10  include in its application a prorated share of the cost of

11  services provided by state central service agencies which are

12  reimbursable to the state pursuant to the provisions of Office

13  of Management and Budget Circular A-87. Preparation of the

14  Statewide Cost Allocation Plan and coordination thereof with

15  all applicable parties is the responsibility of the Chief

16  Financial Officer Comptroller.  The Chief Financial Officer

17  Comptroller shall ensure that the SWCAP presents the most

18  favorable allocation of central services cost allowable to the

19  state by the Federal Government.

20         (2)  DEPOSIT OF OVERHEAD IN THE GENERAL REVENUE

21  FUND.--If an application for federal grant or contract funds

22  is approved, the state agency or judicial branch receiving the

23  federal grant or contract shall identify that portion

24  representing reimbursement of allocable statewide overhead and

25  deposit that amount into the General Revenue Fund unallocated

26  as directed by the Chief Financial Officer Comptroller. The

27  Chief Financial Officer Comptroller shall be responsible for

28  monitoring agency compliance with this section.

29         Section 46.  Effective January 1, 2003, section 215.97,

30  Florida Statutes, as amended by this act, is amended to read:

31         215.97  Florida Single Audit Act.--

                                  21

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (1)  The purposes of the section are to:

  2         (a)  Establish uniform state audit requirements for

  3  state financial assistance provided by state agencies to

  4  nonstate entities to carry out state projects.

  5         (b)  Promote sound financial management, including

  6  effective internal controls, with respect to state financial

  7  assistance administered by nonstate entities.

  8         (c)  Promote audit economy and efficiency by relying to

  9  the extent possible on already required audits of federal

10  financial assistance provided to nonstate entities.

11         (d)  Provide for identification of state financial

12  assistance transactions in the appropriations act, state

13  accounting records, and recipient organization records.

14         (e)  Promote improved coordination and cooperation

15  within and between affected state agencies providing state

16  financial assistance and nonstate entities receiving state

17  assistance.

18         (f)  Ensure, to the maximum extent possible, that state

19  agencies monitor, use, and followup on audits of state

20  financial assistance provided to nonstate entities.

21         (2)  Definitions; as used in this section, the term:

22         (a)  "Audit threshold" means the threshold amount used

23  to determine when a state single audit of a nonstate entity

24  shall be conducted in accordance with this section. Each

25  nonstate entity that expends a total amount of state financial

26  assistance equal to or in excess of $300,000 in any fiscal

27  year of such nonstate entity shall be required to have a state

28  single audit for such fiscal year in accordance with the

29  requirements of this section. Every 2 years the Auditor

30  General, after consulting with the Executive Office of the

31  Governor, the Chief Financial Officer Comptroller, and all

                                  22

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  state awarding agencies, shall review the threshold amount for

  2  requiring audits under this section and may adjust such

  3  threshold dollar amount consistent with the purposes of this

  4  section.

  5         (b)  "Auditing standards" means the auditing standards

  6  as stated in the rules of the Auditor General as applicable to

  7  for-profit organizations, nonprofit organizations, or local

  8  governmental entities.

  9         (c)  "Catalog of State Financial Assistance" means a

10  comprehensive listing of state projects. The Catalog of State

11  Financial Assistance shall be issued by the Chief Financial

12  Officer Comptroller after conferring with all state awarding

13  agencies. The Catalog of State Financial Assistance shall

14  include for each listed state project: the responsible state

15  awarding agency; standard state project number identifier;

16  official title; legal authorization; and description of the

17  state project, including objectives, restrictions, application

18  and awarding procedures, and other relevant information

19  determined necessary.

20         (d)  "Coordinating agency" means the state awarding

21  agency that provides the predominant amount of state financial

22  assistance expended by a recipient, as determined by the

23  recipient's Schedule of Expenditures of State Financial

24  Assistance. To provide continuity, the determination of the

25  predominant amount of state financial assistance shall be

26  based upon state financial assistance expended in the

27  recipient's fiscal years ending in 2003, 2006, and 2009, and

28  every third year thereafter.

29         (e)  "Financial reporting package" means the nonstate

30  entities' financial statements, Schedule of Expenditures of

31  State Financial Assistance, auditor's reports, management

                                  23

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  letter, auditee's written responses or corrective action plan,

  2  correspondence on followup of prior years' corrective actions

  3  taken, and such other information determined by the Auditor

  4  General to be necessary and consistent with the purposes of

  5  this section.

  6         (f)  "Federal financial assistance" means financial

  7  assistance from federal sources passed through the state and

  8  provided to nonstate organizations to carry out a federal

  9  program. "Federal financial assistance" includes all types of

10  federal assistance as defined in applicable United States

11  Office of Management and Budget circulars.

12         (g)  "For-profit organization" means any organization

13  or sole proprietor that is not a local governmental entity or

14  a nonprofit organization.

15         (h)  "Independent auditor" means an external state or

16  local governmental auditor or a certified public accountant

17  who meets the independence standards.

18         (i)  "Internal control over state projects" means a

19  process, effected by a nonstate entity's management and other

20  personnel, designed to provide reasonable assurance regarding

21  the achievement of objectives in the following categories:

22         1.  Effectiveness and efficiency of operations.

23         2.  Reliability of financial operations.

24         3.  Compliance with applicable laws and regulations.

25         (j)  "Local governmental entity" means a county,

26  municipality, or special district or any other entity (other

27  than a district school board, charter school, community

28  college, or public university), however styled, which

29  independently exercises any type of governmental function

30  within the state.

31         (k)  "Major state project" means any state project

                                  24

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  meeting the criteria as stated in the rules of the Chief

  2  Financial Officer Comptroller. Such criteria shall be

  3  established after consultation with all state awarding

  4  agencies and shall consider the amount of state project

  5  expenditures and expenses or inherent risks. Each major state

  6  project shall be audited in accordance with the requirements

  7  of this section.

  8         (l)  "Nonprofit organization" means any corporation,

  9  trust, association, cooperative, or other organization that:

10         1.  Is operated primarily for scientific, educational

11  service, charitable, or similar purpose in the public

12  interest;

13         2.  Is not organized primarily for profit;

14         3.  Uses net proceeds to maintain, improve, or expand

15  the operations of the organization; and

16         4.  Has no part of its income or profit distributable

17  to its members, directors, or officers.

18         (m)  "Nonstate entity" means a local governmental

19  entity, nonprofit organization, or for-profit organization

20  that receives state financial assistance.

21         (n)  "Nonstate organization" means a local governmental

22  entity, nonprofit organization, or for-profit organization

23  that receives state resources.

24         (o)  "Recipient" means a nonstate entity that receives

25  state financial assistance directly from a state awarding

26  agency.

27         (p)  "Schedule of Expenditures of State Financial

28  Assistance" means a document prepared in accordance with the

29  rules of the Chief Financial Officer Comptroller and included

30  in each financial reporting package required by this section.

31         (q)  "State awarding agency" means a state agency, as

                                  25

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  defined in s. 216.011, that provides state financial

  2  assistance to a nonstate entity.

  3         (r)  "State financial assistance" means state

  4  resources, not including federal financial assistance and

  5  state matching on federal programs, provided to a nonstate

  6  entity to carry out a state project. "State financial

  7  assistance" shall include the types of state resources stated

  8  in the rules of the Chief Financial Officer Comptroller

  9  established in consultation with all state awarding agencies.

10  State financial assistance may be provided directly by state

11  awarding agencies or indirectly by nonstate entities. State

12  financial assistance does not include procurement contracts

13  used to buy goods or services from vendors and contracts to

14  operate state-owned and contractor-operated facilities.

15         (s)  "State matching" means state resources provided to

16  a nonstate entity to meet federal financial participation

17  matching requirements.

18         (t)  "State program" means a set of special purpose

19  activities undertaken to realize identifiable goals and

20  objectives in order to achieve a state agency's mission and

21  legislative intent requiring accountability for state

22  resources.

23         (u)  "State project" means a state program that

24  provides state financial assistance to a nonstate organization

25  and that must be assigned a state project number identifier in

26  the Catalog of State Financial Assistance.

27         (v)  "State Projects Compliance Supplement" means a

28  document issued by the Chief Financial Officer Comptroller, in

29  consultation with all state awarding agencies. The State

30  Projects Compliance Supplement shall identify state projects,

31  the significant compliance requirements, eligibility

                                  26

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  requirements, matching requirements, suggested audit

  2  procedures, and other relevant information determined

  3  necessary.

  4         (w)  "State project-specific audit" means an audit of

  5  one state project performed in accordance with the

  6  requirements of subsection (10).

  7         (x)  "State single audit" means an audit of a nonstate

  8  entity's financial statements and state financial assistance.

  9  Such audits shall be conducted in accordance with the auditing

10  standards as stated in the rules of the Auditor General.

11         (y)  "Subrecipient" means a nonstate entity that

12  receives state financial assistance through another nonstate

13  entity.

14         (z)  "Vendor" means a dealer, distributor, merchant, or

15  other seller providing goods or services that are required for

16  the conduct of a state project. These goods or services may be

17  for an organization's own use or for the use of beneficiaries

18  of the state project.

19         (3)  The Executive Office of the Governor shall be

20  responsible for notifying the Chief Financial Officer

21  Comptroller of any actions during the budgetary process that

22  impact the Catalog of State Financial Assistance.

23         (4)  The Chief Financial Officer Comptroller shall:

24         (a)  Upon conferring with the Executive Office of the

25  Governor and all state awarding agencies, adopt rules

26  necessary to provide appropriate guidance to state awarding

27  agencies, nonstate entities, and independent auditors of state

28  financial assistance relating to the requirements of this

29  section, including:

30         1.  The types or classes of state resources considered

31  to be state financial assistance that would be subject to the

                                  27

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  requirements of this section. This would include guidance to

  2  assist in identifying when the state awarding agency or a

  3  nonstate entity has contracted with a vendor rather than with

  4  a recipient or subrecipient.

  5         2.  The criteria for identifying a major state project.

  6         3.  The criteria for selecting state projects for

  7  audits based on inherent risk.

  8         (b)  Be responsible for coordinating revisions to the

  9  Catalog of State Financial Assistance after consultation with

10  the Executive Office of the Governor and all state awarding

11  agencies.

12         (c)  Be responsible for coordinating with the Executive

13  Office of the Governor actions affecting the budgetary process

14  under paragraph (b).

15         (d)  Be responsible for coordinating revisions to the

16  State Projects Compliance Supplement, after consultation with

17  the Executive Office of the Governor and all state awarding

18  agencies.

19         (e)  Make enhancements to the state's accounting system

20  to provide for the:

21         1.  Recording of state financial assistance and federal

22  financial assistance appropriations and expenditures within

23  the state awarding agencies' operating funds.

24         2.  Recording of state project number identifiers, as

25  provided in the Catalog of State Financial Assistance, for

26  state financial assistance.

27         3.  Establishment and recording of an identification

28  code for each financial transaction, including state awarding

29  agencies' disbursements of state financial assistance and

30  federal financial assistance, as to the corresponding type or

31  organization that is party to the transaction (e.g., other

                                  28

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  governmental agencies, nonprofit organizations, and for-profit

  2  organizations), and disbursements of federal financial

  3  assistance, as to whether the party to the transaction is or

  4  is not a nonstate entity.

  5         (f)  Upon conferring with the Executive Office of the

  6  Governor and all state awarding agencies, adopt rules

  7  necessary to provide appropriate guidance to state awarding

  8  agencies, nonstate entities, and independent auditors of state

  9  financial assistance relating to the format for the Schedule

10  of Expenditures of State Financial Assistance.

11         (g)  Perform any inspections, reviews, investigations,

12  or audits of state financial assistance considered necessary

13  in carrying out the Chief Financial Officer's Comptroller's

14  legal responsibilities for state financial assistance or to

15  comply with the requirements of this section.

16         (5)  Each state awarding agency shall:

17         (a)  Provide to each recipient information needed by

18  the recipient to comply with the requirements of this section,

19  including:

20         1.  The audit and accountability requirements for state

21  projects as stated in this section and applicable rules of the

22  Chief Financial Officer Comptroller and rules of the Auditor

23  General.

24         2.  Information from the Catalog of State Financial

25  Assistance, including the standard state project number

26  identifier; official title; legal authorization; and

27  description of the state project including objectives,

28  restrictions, and other relevant information determined

29  necessary.

30         3.  Information from the State Projects Compliance

31  Supplement, including the significant compliance requirements,

                                  29

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  eligibility requirements, matching requirements, suggested

  2  audit procedures, and other relevant information determined

  3  necessary.

  4         (b)  Require the recipient, as a condition of receiving

  5  state financial assistance, to allow the state awarding

  6  agency, the Chief Financial Officer Comptroller, and the

  7  Auditor General access to the recipient's records and the

  8  recipient's independent auditor's working papers as necessary

  9  for complying with the requirements of this section.

10         (c)  Notify the recipient that this section does not

11  limit the authority of the state awarding agency to conduct or

12  arrange for the conduct of additional audits or evaluations of

13  state financial assistance or limit the authority of any state

14  awarding agency inspector general, the Auditor General, or any

15  other state official.

16         (d)  Be provided one copy of each financial reporting

17  package prepared in accordance with the requirement of this

18  section.

19         (e)  Review the recipient's financial reporting

20  package, including the management letters and corrective

21  action plans, to the extent necessary to determine whether

22  timely and appropriate corrective action has been taken with

23  respect to audit findings and recommendations pertaining to

24  state financial assistance that is specific to the state

25  awarding agency.

26         (f)  Designate within the state awarding agency a

27  division, bureau, or other organizational unit that will be

28  responsible for reviewing financial reporting packages

29  pursuant to paragraph (e).

30

31  If the state awarding agency is not the coordinating agency as

                                  30

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  defined in paragraph (2)(d), the state awarding agency's

  2  designated division, bureau, or other organizational unit

  3  shall communicate to the coordinating agency the state

  4  awarding agency's approval of the recipient's corrective

  5  action plan with respect to findings and recommendations that

  6  are not specific to the state awarding agency.

  7         (6)  Each coordinating agency shall:

  8         (a)  Review the recipient's financial reporting

  9  package, including the management letter and corrective action

10  plan, to identify audit findings and recommendations that

11  affect state financial assistance that is not specific to a

12  particular state awarding agency.

13         (b)  For any such findings and recommendations

14  determine:

15         1.  Whether timely and appropriate corrective action

16  has been taken.

17         2.  Promptly inform the state awarding agency's

18  contact, as designated pursuant to paragraph (5)(f), of

19  actions taken by the recipient to comply with the approved

20  corrective action plan.

21         (c)  Maintain records of followup actions taken for the

22  use of any succeeding coordinating agency.

23         (7)  As a condition of receiving state financial

24  assistance, each nonstate entity that provides state financial

25  assistance to a subrecipient shall:

26         (a)  Provide to each subrecipient information needed by

27  the subrecipient to comply with the requirements of this

28  section, including:

29         1.  Identification of the state awarding agency.

30         2.  The audit and accountability requirements for state

31  projects as stated in this section and applicable rules of the

                                  31

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  Chief Financial Officer Comptroller and rules of the Auditor

  2  General.

  3         3.  Information from the Catalog of State Financial

  4  Assistance, including the standard state project number

  5  identifier; official title; legal authorization; and

  6  description of the state project, including objectives,

  7  restrictions, and other relevant information.

  8         4.  Information from the State Projects Compliance

  9  Supplement including the significant compliance requirements,

10  eligibility requirements, matching requirements, and suggested

11  audit procedures, and other relevant information determined

12  necessary.

13         (b)  Review the financial reporting package of the

14  subrecipient, including the management letter and corrective

15  action plan, to the extent necessary to determine whether

16  timely and appropriate corrective action has been taken with

17  respect to audit findings and recommendations pertaining to

18  state financial assistance provided by a state awarding agency

19  or nonstate entity.

20         (c)  Perform such other procedures as specified in

21  terms and conditions of the written agreement with the state

22  awarding agency or nonstate entity including any required

23  monitoring of the subrecipient's use of state financial

24  assistance through onsite visits, limited scope audits, or

25  other specified procedures.

26         (d)  Require subrecipients, as a condition of receiving

27  state financial assistance, to permit the independent auditor

28  of the nonstate entity, the state awarding agency, the Chief

29  Financial Officer Comptroller, and the Auditor General access

30  to the subrecipient's records and the subrecipient's

31  independent auditor's working papers as necessary to comply

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  with the requirements of this section.

  2         (8)  Each recipient or subrecipient of state financial

  3  assistance shall comply with the following:

  4         (a)  Each nonstate entity that meets the audit

  5  threshold requirements, in any fiscal year of the nonstate

  6  entity, as stated in the rules of the Auditor General, shall

  7  have a state single audit conducted for such fiscal year in

  8  accordance with the requirements of this act and with

  9  additional requirements established in rules of the Chief

10  Financial Officer Comptroller and rules of the Auditor

11  General. If only one state project is involved in a nonstate

12  entity's fiscal year, the nonstate entity may elect to have

13  only a state project-specific audit.

14         (b)  Each nonstate entity that does not meet the audit

15  threshold requirements, in any fiscal year of the nonstate

16  entity, as stated in this law or the rules of the Auditor

17  General is exempt for such fiscal year from the state single

18  audit requirements of this section. However, such nonstate

19  entity must meet terms and conditions specified in the written

20  agreement with the state awarding agency or nonstate entity.

21         (c)  Regardless of the amount of state financial

22  assistance, the provisions of this section do not exempt a

23  nonstate entity from compliance with provisions of law

24  relating to maintaining records concerning state financial

25  assistance to such nonstate entity or allowing access and

26  examination of those records by the state awarding agency,

27  nonstate entity, the Chief Financial Officer Comptroller, or

28  the Auditor General.

29         (d)  Audits conducted pursuant to this section shall be

30  performed annually.

31         (e)  Audits conducted pursuant to this section shall be

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  conducted by independent auditors in accordance with auditing

  2  standards as stated in rules of the Auditor General.

  3         (f)  Upon completion of the audit as required by this

  4  section, a copy of the recipient's financial reporting package

  5  shall be filed with the state awarding agency and the Auditor

  6  General. Upon completion of the audit as required by this

  7  section, a copy of the subrecipient's financial reporting

  8  package shall be filed with the nonstate entity that provided

  9  the state financial assistance and the Auditor General. The

10  financial reporting package shall be filed in accordance with

11  the rules of the Auditor General.

12         (g)  All financial reporting packages prepared pursuant

13  to the requirements of this section shall be available for

14  public inspection.

15         (h)  If an audit conducted pursuant to this section

16  discloses any significant audit findings relating to state

17  financial assistance, including material noncompliance with

18  individual state project compliance requirements or reportable

19  conditions in internal controls of the nonstate entity, the

20  nonstate entity shall submit as part of the financial

21  reporting package to the state awarding agency or nonstate

22  entity a plan for corrective action to eliminate such audit

23  findings or a statement describing the reasons that corrective

24  action is not necessary.

25         (i)  An audit conducted in accordance with this section

26  is in addition to any audit of federal awards required by the

27  federal Single Audit Act and other federal laws and

28  regulations. To the extent that such federally required audits

29  provide the state awarding agency or nonstate entity with

30  information it requires to carry out its responsibilities

31  under state law or other guidance, the state awarding agency

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  or nonstate entity shall rely upon and use that information.

  2         (j)  Unless prohibited by law, the costs of audits

  3  pursuant to this section are allowable charges to state

  4  projects. However, any charges to state projects should be

  5  limited to those incremental costs incurred as a result of the

  6  audit requirements of this section in relation to other audit

  7  requirements. The nonstate entity should allocate such

  8  incremental costs to all state projects for which it expended

  9  state financial assistance.

10         (k)  Audit costs may not be charged to state projects

11  when audits required by this section have not been made or

12  have been made but not in accordance with this section. If a

13  nonstate entity fails to have an audit conducted consistent

14  with this section, a state awarding agency or nonstate entity

15  may take appropriate corrective action to enforce compliance.

16         (l)  This section does not prohibit the state awarding

17  agency or nonstate entity from including terms and conditions

18  in the written agreement which require additional assurances

19  that state financial assistance meets the applicable

20  requirements of laws, regulations, and other compliance rules.

21         (m)  A state awarding agency or nonstate entity that

22  conducts or arranges for audits of state financial assistance

23  that are in addition to the audits conducted under this act,

24  including audits of nonstate entities that do not meet the

25  audit threshold requirements, shall, consistent with other

26  applicable law, arrange for funding the full cost of such

27  additional audits.

28         (9)  The independent auditor when conducting a state

29  single audit of a nonstate entity shall:

30         (a)  Determine whether the nonstate entity's financial

31  statements are presented fairly in all material respects in

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  conformity with generally accepted accounting principles.

  2         (b)  Determine whether state financial assistance shown

  3  on the Schedule of Expenditures of State Financial Assistance

  4  is presented fairly in all material respects in relation to

  5  the nonstate entity's financial statements taken as a whole.

  6         (c)  With respect to internal controls pertaining to

  7  each major state project:

  8         1.  Obtain an understanding of internal controls;

  9         2.  Assess control risk;

10         3.  Perform tests of controls unless the controls are

11  deemed to be ineffective; and

12         4.  Determine whether the nonstate entity has internal

13  controls in place to provide reasonable assurance of

14  compliance with the provisions of laws and rules pertaining to

15  state financial assistance that have a material effect on each

16  major state project.

17         (d)  Determine whether each major state project

18  complied with the provisions of laws, rules, and guidelines as

19  identified in the State Projects Compliance Supplement, or

20  otherwise identified by the state awarding agency, which have

21  a material effect on each major state project. When major

22  state projects are less than 50 percent of the nonstate

23  entity's total expenditures for all state financial

24  assistance, the auditor shall select and test additional state

25  projects as major state projects as necessary to achieve audit

26  coverage of at least 50 percent of the expenditures for all

27  state financial assistance provided to the nonstate entity.

28  Additional state projects needed to meet the 50-percent

29  requirement may be selected on an inherent risk basis as

30  stated in the rules of the Chief Financial Officer

31  Comptroller.

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         (e)  Report on the results of any audit conducted

  2  pursuant to this section in accordance with the rules of the

  3  Chief Financial Officer Comptroller and rules of the Auditor

  4  General. Financial reporting packages shall include summaries

  5  of the auditor's results regarding the nonstate entity's

  6  financial statements; Schedule of Expenditures of State

  7  Financial Assistance; internal controls; and compliance with

  8  laws, rules, and guidelines.

  9         (f)  Issue a management letter as prescribed in the

10  rules of the Auditor General.

11         (g)  Upon notification by the nonstate entity, make

12  available the working papers relating to the audit conducted

13  pursuant to the requirements of this section to the state

14  awarding agency, the Chief Financial Officer Comptroller, or

15  the Auditor General for review or copying.

16         (10)  The independent auditor, when conducting a state

17  project-specific audit of a nonstate entity, shall:

18         (a)  Determine whether the nonstate entity's Schedule

19  of Expenditures of State Financial Assistance is presented

20  fairly in all material respects in conformity with stated

21  accounting policies.

22         (b)  Obtain an understanding of internal controls and

23  perform tests of internal controls over the state project

24  consistent with the requirements of a major state project.

25         (c)  Determine whether or not the auditee has complied

26  with applicable provisions of laws, rules, and guidelines as

27  identified in the State Projects Compliance Supplement, or

28  otherwise identified by the state awarding agency, which could

29  have a direct and material effect on the state project.

30         (d)  Report on the results of the state

31  project-specific audit consistent with the requirements of the

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  state single audit and issue a management letter as prescribed

  2  in the rules of the Auditor General.

  3         (e)  Upon notification by the nonstate entity, make

  4  available the working papers relating to the audit conducted

  5  pursuant to the requirements of this section to the state

  6  awarding agency, the Chief Financial Officer Comptroller, or

  7  the Auditor General for review or copying.

  8         (11)  The Auditor General shall:

  9         (a)  Have the authority to audit state financial

10  assistance provided to any nonstate entity when determined

11  necessary by the Auditor General or when directed by the

12  Legislative Auditing Committee.

13         (b)  Adopt rules that state the auditing standards that

14  independent auditors are to follow for audits of nonstate

15  entities required by this section.

16         (c)  Adopt rules that describe the contents and the

17  filing deadlines for the financial reporting package.

18         (d)  Provide technical advice upon request of the Chief

19  Financial Officer Comptroller and state awarding agencies

20  relating to financial reporting and audit responsibilities

21  contained in this section.

22         (e)  Be provided one copy of each financial reporting

23  package prepared in accordance with the requirements of this

24  section.

25         (f)  Perform ongoing reviews of a sample of financial

26  reporting packages filed pursuant to the requirements of this

27  section to determine compliance with the reporting

28  requirements of this section and applicable rules of the Chief

29  Financial Officer Comptroller and rules of the Auditor

30  General.

31

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                                                   HOUSE AMENDMENT

    729-147AX-22                        Bill No. HB 1979, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 5, line 3, after the semicolon,

  4

  5  insert:

  6         amending s. 215.195, F.S.; providing

  7         responsibilities of the Comptroller, or the

  8         Chief Financial Officer effective January 1,

  9         2003, with regard to preparation of the

10         Statewide Cost Allocation Plan and the

11         monitoring of compliance therewith; amending s.

12         215.97, F.S.; revising and adding definitions

13         relating to the Florida Single Audit Act;

14         revising duties of the Executive Office of the

15         Governor and the Comptroller, or the Chief

16         Financial Officer effective January 1, 2003,

17         relating to the Florida Single Audit Act;

18         providing duties of state agencies; requiring

19         state agencies to review the audit report of

20         state financial award recipients; revising

21         duties of the Auditor General relating to the

22         Florida Single Audit Act; transferring a

23         position from the Executive Office of the

24         Governor to the Comptroller;

25

26

27

28

29

30

31

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