House Bill hb1979e1

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                                          HB 1979, First Engrossed



  1                      A bill to be entitled

  2         An act relating to local government

  3         accountability; amending s. 11.40, F.S.;

  4         revising duties of the Legislative Auditing

  5         Committee; amending s. 11.45, F.S.; revising

  6         reporting requirements of the Auditor General;

  7         amending s. 75.05, F.S.; deleting a requirement

  8         for an independent special district to submit a

  9         copy of a complaint to the Division of Bond

10         Finance of the State Board of Administration;

11         amending s. 112.625, F.S.; revising the

12         definition of "governmental entity" to include

13         counties and district school boards; amending

14         s. 112.63, F.S.; providing for additional

15         information to be provided to the Department of

16         Management Services in actuarial reports with

17         regard to retirement systems and plans and

18         providing procedures therefor; providing for

19         notification of the Department of Revenue and

20         the Department of Banking and Finance, or the

21         Chief Financial Officer on or after January 1,

22         2003, in cases of noncompliance and authorizing

23         the withholding of certain funds; requiring the

24         Department of Management Services to notify the

25         Department of Community Affairs in the case of

26         affected special districts; amending s. 130.04,

27         F.S.; revising provisions governing notice of

28         bids and disposition of bonds; amending s.

29         132.02, F.S.; revising provisions relating to

30         the authorization to issue refund bonds;

31         amending s. 132.09, F.S.; revising provisions


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                                          HB 1979, First Engrossed



  1         relating to the notice of sale, bids, and

  2         awards and private sale of bonds; amending s.

  3         163.05, F.S.; revising provisions governing the

  4         Small County Technical Assistance Program;

  5         amending s. 166.121, F.S.; revising provisions

  6         governing the issuance of bonds by a

  7         municipality; amending s. 166.241, F.S.;

  8         providing a municipal budget amendment process

  9         and requirements; amending s. 189.4044, F.S.;

10         revising special procedures for determination

11         of inactive special districts; amending s.

12         189.412, F.S.; revising duties of the Special

13         District Information Program of the Department

14         of Community Affairs; amending s. 189.418,

15         F.S.; revising reporting requirements of newly

16         created special districts; authorizing the

17         governing body of a special district to amend

18         its budget; amending s. 189.419, F.S.; revising

19         provisions relating to the failure of special

20         districts to file required reports; amending s.

21         189.421, F.S.; revising provisions governing

22         the failure of special districts to disclose

23         financial reports; providing for extension of

24         time for the filing of said reports; providing

25         remedies for noncompliance; providing for

26         attorney's fees and costs; amending s. 189.428,

27         F.S.; revising provisions governing the special

28         district oversight review process; amending s.

29         189.439, F.S.; revising provisions governing

30         the issuance of bonds by special districts;

31         amending s. 215.981, F.S.; exempting state


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                                          HB 1979, First Engrossed



  1         agency direct-support organizations and citizen

  2         support organizations meeting specified expense

  3         levels from audit requirements; amending s.

  4         218.075, F.S.; revising provisions governing

  5         the reduction or waiver of permit processing

  6         fees for certain counties; amending s. 218.32,

  7         F.S., relating to annual financial reports;

  8         requiring the Department of Banking and Finance

  9         to notify the Speaker of the House of

10         Representatives and the President of the Senate

11         of any municipality that has not had financial

12         activity for a specified period of time;

13         providing that such notice is sufficient to

14         initiate dissolution procedures; amending s.

15         218.36, F.S.; revising reporting requirements

16         for boards of county commissioners relating to

17         the failure of a county officer to comply with

18         the provisions of the section; amending s.

19         218.369, F.S.; revising the definition of "unit

20         of local government" to include district school

21         boards; renaming pt. V of ch. 218, F.S., as

22         "Local Governmental Entity and District School

23         Board Financial Emergencies"; amending s.

24         218.50, F.S.; renaming ss. 218.50-218.504,

25         F.S., as the "Local Governmental Entity and

26         District School Board Act"; amending s.

27         218.501, F.S.; revising the stated purposes of

28         pt. V of ch. 218, F.S.; amending s. 218.502,

29         F.S.; revising the definition of "local

30         governmental entity"; amending s. 218.503,

31         F.S.; revising provisions governing the


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                                          HB 1979, First Engrossed



  1         determination of financial emergency for local

  2         governments and district school boards;

  3         amending s. 218.504, F.S.; revising provisions

  4         relating to the authority of the Governor and

  5         authorizing the Commissioner of Education to

  6         terminate all state actions pursuant to ss.

  7         218.50-218.504, F.S.; amending s. 236.43, F.S.;

  8         revising provisions governing receipt of bids

  9         and sale of bonds; amending ss. 237.40,

10         240.299, and 240.331, F.S.; exempting district

11         school board direct-support organizations and

12         citizen support organizations meeting specified

13         expense levels from audit requirements;

14         repealing ch. 131, F.S., consisting of ss.

15         131.01, 131.02, 131.03, 131.04, 131.05, and

16         131.06, F.S., relating to refunding bonds of

17         counties, municipalities, and special

18         districts; repealing s. 132.10, F.S., relating

19         to minimum sale price of bonds; repealing s.

20         165.052, F.S., relating to special dissolution

21         procedures for municipalities; repealing s.

22         189.409, F.S., relating to determination of

23         financial emergencies of special districts;

24         repealing s. 189.422, F.S., relating to actions

25         of the Department of Community Affairs and

26         special districts; repealing s. 200.0684, F.S.,

27         relating to an annual compliance report of the

28         Department of Community Affairs regarding

29         special districts; repealing s. 218.37(1)(h),

30         F.S., relating to the requirement that the

31         Division of Bond Finance use a served copy of


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                                          HB 1979, First Engrossed



  1         the complaint for bond validation to verify

  2         compliance by special districts with the

  3         requirements in s. 218.38, F.S.; providing

  4         effective dates.

  5

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

  7

  8         Section 1.  Paragraphs (a) and (b) of subsection (5) of

  9  section 11.40, Florida Statutes, are amended to read:

10         11.40  Legislative Auditing Committee.--

11         (5)  Following notification by the Auditor General, the

12  Department of Banking and Finance, or the Division of Bond

13  Finance of the State Board of Administration of the failure of

14  a local governmental entity, district school board, charter

15  school, or charter technical career center to comply with the

16  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or

17  s. 218.38, the Legislative Auditing Committee may schedule a

18  hearing. If a hearing is scheduled, the committee shall

19  determine if the entity should be subject to further state

20  action.  If the committee determines that the entity should be

21  subject to further state action, the committee shall:

22         (a)  In the case of a local governmental entity or

23  district school board, direct request the Department of

24  Revenue and the Department of Banking and Finance to withhold

25  any funds not pledged for bond debt service satisfaction which

26  are payable to such entity until the entity complies with the

27  law. The committee, in its request, shall specify the date

28  such action shall begin, and the request must be received by

29  the Department of Revenue and the Department of Banking and

30  Finance 30 days before the date of the distribution mandated

31  by law. The Department of Revenue and the Department of


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                                          HB 1979, First Engrossed



  1  Banking and Finance are authorized to implement the provisions

  2  of this paragraph.

  3         (b)  In the case of a special district, notify the

  4  Department of Community Affairs that the special district has

  5  failed to comply with the law. Upon receipt of notification,

  6  the Department of Community Affairs shall proceed pursuant to

  7  the provisions specified in s. ss. 189.421 and 189.422.

  8         Section 2.  Subsection (5), paragraph (e) of subsection

  9  (7), and subsection (8) of section 11.45, Florida Statutes,

10  are amended to read:

11         11.45  Definitions; duties; authorities; reports;

12  rules.--

13         (5)  PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.--The

14  Legislative Auditing Committee shall direct the Auditor

15  General to make an a financial audit of any municipality

16  whenever petitioned to do so by at least 20 percent of the

17  electors of that municipality. The supervisor of elections of

18  the county in which the municipality is located shall certify

19  whether or not the petition contains the signatures of at

20  least 20 percent of the electors of the municipality. After

21  the completion of the audit, the Auditor General shall

22  determine whether the municipality has the fiscal resources

23  necessary to pay the cost of the audit. The municipality shall

24  pay the cost of the audit within 90 days after the Auditor

25  General's determination that the municipality has the

26  available resources. If the municipality fails to pay the cost

27  of the audit, the Department of Revenue shall, upon

28  certification of the Auditor General, withhold from that

29  portion of the distribution pursuant to s. 212.20(6)(e)6.

30  which is distributable to such municipality, a sum sufficient

31


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                                          HB 1979, First Engrossed



  1  to pay the cost of the audit and shall deposit that sum into

  2  the General Revenue Fund of the state.

  3         (7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--

  4         (e)  The Auditor General shall notify the Governor or

  5  the Commissioner of Education, as appropriate, and the

  6  Legislative Auditing Committee of any audit report reviewed by

  7  the Auditor General pursuant to paragraph (b) that which

  8  contains a statement that a the local governmental entity or

  9  district school board has met one or more of the conditions

10  specified is in a state of financial emergency as provided in

11  s. 218.503. If the Auditor General requests a clarification

12  regarding information included in an audit report to determine

13  whether a local governmental entity or district school board

14  has met one or more of the conditions specified in s. 218.503

15  is in a state of financial emergency, the requested

16  clarification must be provided within 45 days after the date

17  of the request. If the local governmental entity or district

18  school board does not comply with the Auditor General's

19  request, the Auditor General shall notify the Legislative

20  Auditing Committee. If, after obtaining the requested

21  clarification, the Auditor General determines that the local

22  governmental entity or district school board has met one or

23  more of the conditions specified in s. 218.503 is in a state

24  of financial emergency, he or she shall notify the Governor or

25  the Commissioner of Education and the Legislative Auditing

26  Committee.

27         (8)  RULES OF THE AUDITOR GENERAL.--The Auditor

28  General, in consultation with the Board of Accountancy, shall

29  adopt rules for the form and conduct of all financial audits

30  performed by independent certified public accountants pursuant

31  to ss. 215.981, 218.39, 237.40, 240.299, and 240.331. The


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                                          HB 1979, First Engrossed



  1  rules for audits of local governmental entities and district

  2  school boards must include, but are not limited to,

  3  requirements for the reporting of information necessary to

  4  carry out the purposes of the Local Governmental Entity and

  5  District School Board Government Financial Emergencies Act as

  6  stated in s. 218.501.

  7         Section 3.  Subsection (3) of section 75.05, Florida

  8  Statutes, is amended to read:

  9         75.05  Order and service.--

10         (3)  In the case of independent special districts as

11  defined in s. 218.31(7), a copy of the complaint shall be

12  served on the Division of Bond Finance of the State Board of

13  Administration. Notwithstanding any other provision of law,

14  whether a general law or special act, validation of bonds to

15  be issued by a special district, other than a community

16  development district established pursuant to chapter 190, as

17  provided in s. 190.016(12), is not mandatory, but is at the

18  option of the issuer. However, the validation of bonds issued

19  by such community development districts shall not be required

20  on refunding issues.

21         Section 4.  Subsection (5) of section 112.625, Florida

22  Statutes, is amended to read:

23         112.625  Definitions.--As used in this act:

24         (5)  "Governmental entity" means the state, for the

25  Florida Retirement System, and the county, municipality, or

26  special district, or district school board which is the

27  employer of the member of a local retirement system or plan.

28         Section 5.  Subsection (4) of section 112.63, Florida

29  Statutes, is amended to read:

30         112.63  Actuarial reports and statements of actuarial

31  impact; review.--


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                                          HB 1979, First Engrossed



  1         (4)  Upon receipt, pursuant to subsection (2), of an

  2  actuarial report, or upon receipt, pursuant to subsection (3),

  3  of a statement of actuarial impact, the Department of

  4  Management Services shall acknowledge such receipt, but shall

  5  only review and comment on each retirement system's or plan's

  6  actuarial valuations at least on a triennial basis.  If the

  7  department finds that the actuarial valuation is not complete,

  8  accurate, or based on reasonable assumptions or otherwise

  9  fails to satisfy the requirements of this part, the department

10  requires additional information necessary to complete its

11  review of the actuarial valuation of a system or plan or

12  information necessary to satisfy the duties of the department

13  pursuant to s. 112.665(1), or if the department does not

14  receive the actuarial report or statement of actuarial impact,

15  the department shall notify the administrator of the affected

16  retirement system or plan and the affected governmental entity

17  local government and request appropriate adjustment, the

18  additional information, or the required report or statement.

19  The notification shall inform the administrator of the

20  affected retirement system or plan and the affected

21  governmental entity of the consequences for failure to comply

22  with the requirements of this subsection. If, after a

23  reasonable period of time, a satisfactory adjustment is not

24  made or the report, statement, or additional information is

25  not provided, the department may notify the Department of

26  Revenue and the Department of Banking and Finance of such

27  noncompliance, in which case the Department of Revenue and the

28  Department of Banking and Finance shall withhold any funds not

29  pledged for bond debt service satisfaction that are payable to

30  the affected governmental entity until the adjustment is made

31  or the report, statement, or additional information is


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                                          HB 1979, First Engrossed



  1  provided to the department. The department shall specify the

  2  date such action is to begin and notification by the

  3  department must be received by the Department of Revenue, the

  4  Department of Banking and Finance, and the affected

  5  governmental entity 30 days before the date the action is to

  6  begin.

  7         (a)  Within 21 days after receipt of the notice, the

  8  affected governmental entity local government or the

  9  department may petition for a hearing under the provisions of

10  ss. 120.569 and 120.57 with the Department of Management

11  Services. The Department of Revenue and the Department of

12  Banking and Finance shall not be parties to any such hearing

13  but may request to intervene if requested by the Department of

14  Management Services or if either the Department of Revenue or

15  the Department of Banking and Finance determines its interests

16  may be adversely affected by the hearing. If the

17  administrative law judge recommends in favor of the

18  department, the department shall perform an actuarial review,

19  or prepare the statement of actuarial impact, or collect the

20  requested information. The cost to the department of

21  performing such actuarial review, or preparing such statement,

22  or collecting the requested information shall be charged to

23  the affected governmental entity of which the employees are

24  covered by the retirement system or plan. If payment of such

25  costs is not received by the department within 60 days after

26  receipt by the affected governmental entity of the request for

27  payment, the department shall certify to the Department of

28  Revenue and the Department of Banking and Finance Comptroller

29  the amount due, and the Department of Revenue and the

30  Department of Banking and Finance Comptroller shall pay such

31  amount to the Department of Management Services from any funds


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                                          HB 1979, First Engrossed



  1  not pledged for bond debt service satisfaction that are

  2  payable to the affected governmental entity of which the

  3  employees are covered by the retirement system or plan. If the

  4  administrative law judge recommends in favor of the affected

  5  governmental entity local retirement system and the department

  6  performs an actuarial review, prepares the statement of

  7  actuarial impact, or collects the requested information, the

  8  cost to the department of performing the actuarial review,

  9  preparing the statement, or collecting the requested

10  information shall be paid by the Department of Management

11  Services.

12         (b)  In the case of an affected special district, the

13  Department of Management Services shall also notify the

14  Department of Community Affairs.  Upon receipt of

15  notification, the Department of Community Affairs shall

16  proceed pursuant to the provisions of s. 189.421 with regard

17  to the special district.

18         Section 6.  Effective January 1, 2003, subsection (4)

19  of section 112.63, Florida Statutes, as amended by this act,

20  is amended to read:

21         112.63  Actuarial reports and statements of actuarial

22  impact; review.--

23         (4)  Upon receipt, pursuant to subsection (2), of an

24  actuarial report, or upon receipt, pursuant to subsection (3),

25  of a statement of actuarial impact, the Department of

26  Management Services shall acknowledge such receipt, but shall

27  only review and comment on each retirement system's or plan's

28  actuarial valuations at least on a triennial basis.  If the

29  department finds that the actuarial valuation is not complete,

30  accurate, or based on reasonable assumptions or otherwise

31  fails to satisfy the requirements of this part, the department


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                                          HB 1979, First Engrossed



  1  requires additional information necessary to complete its

  2  review of the actuarial valuation of a system or plan or

  3  information necessary to satisfy the duties of the department

  4  pursuant to s. 112.665(1), or the department does not receive

  5  the actuarial report or statement of actuarial impact, the

  6  department shall notify the administrator of the affected

  7  retirement system or plan and the affected governmental entity

  8  and request appropriate adjustment, the additional

  9  information, or the required report or statement. The

10  notification shall inform the administrator of the affected

11  retirement system or plan and the affected governmental entity

12  of the consequences for failure to comply with the

13  requirements of this subsection. If, after a reasonable period

14  of time, a satisfactory adjustment is not made or the report,

15  statement, or additional information is not provided, the

16  department may notify the Department of Revenue and the Chief

17  Financial Officer Department of Banking and Finance of such

18  noncompliance, in which case the Department of Revenue and the

19  Chief Financial Officer Department of Banking and Finance

20  shall withhold any funds not pledged for bond debt service

21  satisfaction that are payable to the affected governmental

22  entity until the adjustment is made or the report, statement,

23  or additional information is provided to the department. The

24  department shall specify the date such action is to begin and

25  notification by the department must be received by the

26  Department of Revenue, the Chief Financial Officer Department

27  of Banking and Finance, and the affected governmental entity

28  30 days before the date the action is to begin.

29         (a)  Within 21 days after receipt of the notice, the

30  affected governmental entity may petition for a hearing under

31  the provisions of ss. 120.569 and 120.57 with the Department


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                                          HB 1979, First Engrossed



  1  of Management Services. The Department of Revenue and the

  2  Chief Financial Officer Department of Banking and Finance

  3  shall not be parties to any such hearing but may request to

  4  intervene if requested by the Department of Management

  5  Services or if either the Department of Revenue or the Chief

  6  Financial Officer Department of Banking and Finance determines

  7  the respective its interests of either may be adversely

  8  affected by the hearing. If the administrative law judge

  9  recommends in favor of the department, the department shall

10  perform an actuarial review, prepare the statement of

11  actuarial impact, or collect the requested information. The

12  cost to the department of performing such actuarial review,

13  preparing such statement, or collecting the requested

14  information shall be charged to the affected governmental

15  entity of which the employees are covered by the retirement

16  system or plan. If payment of such costs is not received by

17  the department within 60 days after receipt by the affected

18  governmental entity of the request for payment, the department

19  shall certify to the Department of Revenue and the Chief

20  Financial Officer Department of Banking and Finance the amount

21  due, and the Department of Revenue and the Chief Financial

22  Officer Department of Banking and Finance shall pay such

23  amount to the Department of Management Services from any funds

24  not pledged for bond debt service satisfaction that are

25  payable to the affected governmental entity of which the

26  employees are covered by the retirement system or plan. If the

27  administrative law judge recommends in favor of the affected

28  governmental entity and the department performs an actuarial

29  review, prepares the statement of actuarial impact, or

30  collects the requested information, the cost to the department

31  of performing the actuarial review, preparing the statement,


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                                          HB 1979, First Engrossed



  1  or collecting the requested information shall be paid by the

  2  Department of Management Services.

  3         (b)  In the case of an affected special district, the

  4  Department of Management Services shall also notify the

  5  Department of Community Affairs. Upon receipt of notification,

  6  the Department of Community Affairs shall proceed pursuant to

  7  the provisions of s. 189.421 with regard to the special

  8  district.

  9         Section 7.  Section 130.04, Florida Statutes, is

10  amended to read:

11         130.04  Sale Notice for bids and disposition of

12  bonds.--In case the issuing of bonds shall be authorized by

13  the result of such election, the county commissioners shall

14  sell the bonds in the manner provided in s. 218.385. cause

15  notice to be given by publication in a newspaper published in

16  the county, or in some newspaper published in the same

17  judicial circuit, if there be none published in the county,

18  that they will receive bids for the purchase of county bonds

19  at the clerk's office, on a date not less than 10 days nor

20  more than 60 days from the first publication of such notice.

21  The notice shall specify the amount of bonds offered for sale,

22  the rate of interest, and the time when principal and

23  installments of interest shall be due and payable.  Any and

24  all bids shall be rejected if the commissioners shall deem it

25  to the best interest for the county so to do, and they may

26  cause a new notice to be given in like manner inviting other

27  bids for said bonds; provided, that when the rate of interest

28  on said bonds exceeds 5 percent per annum, said bonds shall

29  not be sold for less than 95 cents on the dollar, but when any

30  bonds have heretofore been provided for by election, and the

31  rate of interest is 5 percent per annum, or less, that in such


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                                          HB 1979, First Engrossed



  1  cases the county commissioners may accept less than 95 cents

  2  upon the dollar, in the sale of said bonds, or for any portion

  3  of said bonds not already sold; provided, however, no bonds

  4  shall be sold for less than 90 cents on the dollar.

  5         Section 8.  Subsection (1) of section 132.02, Florida

  6  Statutes, is amended to read:

  7         132.02  Taxing units may refund obligations.--

  8         (1)  Each county, municipality, city, town, special

  9  road and bridge district, special tax school district, or and

10  other taxing district districts in this state, herein

11  sometimes called a unit, may issue, pursuant to a resolution

12  or resolutions of the governing body thereof (meaning thereby

13  the board or body vested with the power of determining the

14  amount of tax levies required for taxing the taxable property

15  of such unit for the purpose of such unit) and either with or

16  without the approval of such bonds at an election, except as

17  may be required by the Constitution of the state, bonds of

18  such unit for the purpose of refunding any or all bonds,

19  coupons, or interest on any such bonds, or coupons or paving

20  certificates of indebtedness or interest on any such paving

21  certificates of indebtedness, now or hereafter outstanding, or

22  any other funded debt, all of which are herein referred to as

23  bonds, whether such unit created such indebtedness or has

24  assumed, or may become liable therefor, and whether

25  indebtedness to be refunded has matured or to thereafter

26  become matured.

27         Section 9.  Section 132.09, Florida Statutes, is

28  amended to read:

29         132.09  Sale of bonds Notice of sale; bids and award;

30  private sale.--When sold, the refunding bonds (except as

31  otherwise expressly provided) shall be sold in the manner


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                                          HB 1979, First Engrossed



  1  provided in s. 218.385. pursuant to the terms of a notice of

  2  sale which shall be published at least twice.  The first

  3  publication to be not less than 7 days before the date fixed

  4  for the sale and to be published in a newspaper published in

  5  the unit, or if no newspaper is published in the unit, then in

  6  a newspaper published in the county, or if no newspaper is

  7  published in the county, then in a newspaper published in

  8  Tallahassee, and in the discretion of the governing body of

  9  the unit may be published in a financial newspaper in the City

10  of New York.  Such notices shall state the time and place and

11  when and where sealed bids will be received, shall state the

12  amount of bonds, their dates, maturities, denominations and

13  interest rate or rates (which may be a maximum rate), interest

14  payment dates, an outline of the terms, if any, on which they

15  are redeemable or become payable before maturity, the amount

16  which must be deposited with the bid to secure its performance

17  if accepted, and such other pertinent information as the

18  governing body of the unit may determine.  The notice of sale

19  may require the bidders to fix the interest rate or rates that

20  the bonds are to bear subject to the terms of the notice and

21  the maximum rate permitted by this chapter.  The award of the

22  bonds shall be made by the governing body of the unit to the

23  bidder making the most advantageous bid which shall be

24  determined by the governing body in its absolute and

25  uncontrolled discretion.  The right to reject all bids shall

26  be reserved to the governing body of the unit.  If no bids are

27  received at such public sale, or if all bids are rejected, the

28  bonds may be sold without notice at private sale at any time

29  within one year thereafter, but such bonds shall not be sold

30  at private sale on terms less favorable to the unit than were

31  contained in the best bid at the prior public sale.


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                                          HB 1979, First Engrossed



  1         Section 10.  Paragraph (a) of subsection (2) of section

  2  163.05, Florida Statutes, is amended to read:

  3         163.05  Small County Technical Assistance Program.--

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

  5  Legislature declares that:

  6         (a)  The financial difficulties fiscal emergencies

  7  confronting small counties require an investment that will

  8  facilitate efforts to improve the productivity and efficiency

  9  of small counties' structures and operating procedures.

10         Section 11.  Subsection (2) of section 166.121, Florida

11  Statutes, is amended to read:

12         166.121  Issuance of bonds.--

13         (2)  The governing body of a municipality shall

14  determine the terms and manner of sale and distribution or

15  other disposition of any and all bonds it may issue,

16  consistent with the provisions of s. 218.385, and shall have

17  any and all powers necessary or convenient to such

18  disposition.

19         Section 12.  Section 166.241, Florida Statutes, is

20  amended to read:

21         166.241  Fiscal years, financial reports,

22  appropriations, and budgets, and budget amendments.--

23         (1)  Each municipality shall report its finances

24  annually as provided by general law.

25         (1)(2)  Each municipality shall make provision for

26  establishing a fiscal year beginning October 1 of each year

27  and ending September 30 of the following year.

28         (2)(3)  The governing body of each municipality shall

29  adopt a budget each fiscal year. The budget must be adopted by

30  ordinance unless otherwise specified in the respective

31  municipality's charter, except that municipalities required to


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                                          HB 1979, First Engrossed



  1  establish millage pursuant to chapter 200 shall adopt the

  2  budget by resolution or ordinance in the manner specified in

  3  s. 200.065(2). The amount available from taxation and other

  4  sources, including amounts carried over from prior fiscal

  5  years, must equal the total appropriations for expenditures

  6  and reserves. The budget must regulate expenditures of the

  7  municipality, and it is unlawful for any officer of a

  8  municipal government to expend or contract for expenditures in

  9  any fiscal year except in pursuance of budgeted

10  appropriations.

11         (3)  The governing body of each municipality at any

12  time within a fiscal year or within up to 60 days following

13  the end of the fiscal year may amend a budget for that year as

14  follows:

15         (a)  Appropriations for expenditures within a fund may

16  be decreased or increased by motion recorded in the minutes,

17  provided that the total of the appropriations of the fund is

18  not changed.

19         (b)  The governing body may establish procedures by

20  which the designated budget officer may authorize certain

21  budget amendments within a department, provided that the total

22  of the appropriations of the department is not changed.

23         (c)  If a budget amendment is required for a purpose

24  not specifically authorized in paragraph (a) or paragraph (b),

25  the budget amendment must be adopted in the same manner as the

26  original budget unless otherwise specified in the charter of

27  the respective municipality.

28         Section 13.  Section 189.4044, Florida Statutes, is

29  amended to read:

30         189.4044  Special procedures for inactive districts.--

31


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                                          HB 1979, First Engrossed



  1         (1)  The department shall declare inactive any special

  2  district in this state by documenting the following filing a

  3  report with the Speaker of the House of Representatives and

  4  the President of the Senate which shows that such special

  5  district is no longer active.  The inactive status of the

  6  special district must be based upon a finding:

  7         (a)  That The special district meets one of the

  8  following criteria:

  9         1.  The registered agent of the district, the chair of

10  the governing body of the district, or the governing body of

11  the appropriate local general-purpose government notifies the

12  department in writing that the district has taken no action

13  for 2 or more calendar years;

14         2.  Following an inquiry from the department, the

15  registered agent of the district, the chair of the governing

16  body of the district, or the governing body of the appropriate

17  local general-purpose government notifies the department in

18  writing that the district has not had a governing board or a

19  sufficient number of governing board members to constitute a

20  quorum for 2 or more years or the registered agent of the

21  district, the chair of the governing body of the district, or

22  the governing body of the appropriate local general-purpose

23  government fails to respond to the department's inquiry within

24  21 days; or 18 or more months;

25         3.  The department determines, pursuant to s. 189.421,

26  that the district has failed to file or make a good faith

27  effort to file any of the reports listed in s. 189.419.; or

28         4.  The district has failed, for 2 consecutive fiscal

29  years, to pay fees assessed by the Special District

30  Information Program pursuant to this chapter.

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                                          HB 1979, First Engrossed



  1         (b)  The department, special district, or local

  2  general-purpose government published That a notice of the

  3  proposed declaration of inactive status has been published

  4  once a week for 2 weeks in a newspaper of general circulation

  5  in within the county or municipality in which wherein the

  6  territory of the special district is located and sent a copy

  7  of such notice by certified mail to the registered agent or

  8  chair of the board, if any. Such notice shall include, stating

  9  the name of said special district, the law under which it was

10  organized and operating, a general description of the

11  territory included in said special district, and a statement

12  stating that any objections must be filed pursuant to chapter

13  120 within 21 days after the publication date to the proposed

14  declaration or to any claims against the assets of said

15  special district shall be filed not later than 60 days

16  following the date of last publication with the department;

17  and

18         (c)  Twenty-one That 60 days have elapsed from the last

19  publication date of the notice of proposed declaration of

20  inactive status and no administrative appeals were sustained

21  objections have been filed.

22         (2)  If any special district is declared inactive

23  pursuant to this section, the property or assets of the

24  special district are subject to legal process for payment of

25  any debts of the district.  After the payment of all the debts

26  of said inactive special district, the remainder of its

27  property or assets shall escheat to the county or municipality

28  wherein located.  If, however, it shall be necessary, in order

29  to pay any such debt, to levy any tax or taxes on the property

30  in the territory or limits of the inactive special district,

31  the same may be assessed and levied by order of the local


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                                          HB 1979, First Engrossed



  1  general-purpose government wherein the same is situated and

  2  shall be assessed by the county property appraiser and

  3  collected by the county tax collector.

  4         (3)  In the case of a district created by special act

  5  of the Legislature, the department shall send a notice of

  6  declaration of inactive status to notify the Speaker of the

  7  House of Representatives and the President of the Senate. The

  8  notice of declaration of inactive status shall reference of

  9  each known special act creating or amending the charter of any

10  special district declared to be inactive under this section.

11  The declaration of inactive status shall be sufficient notice

12  as required by s. 10, Art. III of the State Constitution to

13  authorize the Legislature to repeal any special laws so

14  reported. In the case of a district created by one or more

15  local general-purpose governments, the department shall send a

16  notice of declaration of inactive status to the chair of the

17  governing body of each local general-purpose government that

18  created the district.  In the case of a district created by

19  interlocal agreement, the department shall send a notice of

20  declaration of inactive status to the chair of the governing

21  body of each local general-purpose government that entered

22  into the interlocal agreement.

23         (4)  The entity that created a special district

24  declared inactive under this section must dissolve the special

25  district be dissolved by repealing repeal of its enabling laws

26  or by other appropriate means.

27         Section 14.  Subsection (1) of section 189.412, Florida

28  Statutes, is amended, and subsection (8) is added to said

29  section, to read:

30         189.412  Special District Information Program; duties

31  and responsibilities.--The Special District Information


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                                          HB 1979, First Engrossed



  1  Program of the Department of Community Affairs is created and

  2  has the following special duties:

  3         (1)  The collection and maintenance of special district

  4  noncompliance compliance status reports from the Department of

  5  Management Services Auditor General, the Department of Banking

  6  and Finance, the Division of Bond Finance of the State Board

  7  of Administration, and the Auditor General the Department of

  8  Management Services, the Department of Revenue, and the

  9  Commission on Ethics for the reporting required in ss.

10  112.3144, 112.3145, 112.3148, 112.3149, 112.63, 200.068,

11  218.32, 218.34, 218.38, and 218.39, and 280.17 and chapter 121

12  and from state agencies administering programs that distribute

13  money to special districts. The noncompliance special district

14  compliance status reports must list those consist of a list of

15  special districts used in that state agency and a list of

16  which special districts that did not comply with the statutory

17  reporting requirements statutorily required by that agency.

18         (8)  Providing assistance to local general-purpose

19  governments and certain state agencies in collecting

20  delinquent reports or information, helping special districts

21  comply with reporting requirements, declaring special

22  districts inactive when appropriate, and, when directed by the

23  Legislative Auditing Committee, initiating enforcement

24  provisions as provided in ss. 189.4044, 189.419, and 189.421.

25         Section 15.  Subsections (1) and (2) of section

26  189.418, Florida Statutes, are amended, subsection (5) is

27  renumbered as subsection (6), present subsection (6) is

28  renumbered as subsection (7) and amended, and a new subsection

29  (5) is added to said section, to read:

30         189.418  Reports; budgets; audits.--

31


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                                          HB 1979, First Engrossed



  1         (1)  When a new special district is created, the

  2  district must forward to the department, within 30 days after

  3  the adoption of the special act, rule, ordinance, resolution,

  4  or other document that provides for the creation of the

  5  district, a copy of the document and a written statement that

  6  includes a reference to the status of the special district as

  7  dependent or independent and the basis for such

  8  classification. In addition to the document or documents that

  9  create the district, the district must also submit a map of

10  the district, showing any municipal boundaries that cross the

11  district's boundaries, and any county lines if the district is

12  located in more than one county.  The department must notify

13  the local government or other entity and the district within

14  30 days after receipt of the document or documents that create

15  the district as to whether the district has been determined to

16  be dependent or independent.

17         (2)  Any amendment, modification, or update of the

18  document by which the district was created, including changes

19  in boundaries, must be filed with the department within 30

20  days after adoption.  The department may initiate proceedings

21  against special districts as provided in s. ss. 189.421 and

22  189.422 for failure to file the information required by this

23  subsection.

24         (5)  The governing body of each special district at any

25  time within a fiscal year or within up to 60 days following

26  the end of the fiscal year may amend a budget for that year.

27  The budget amendment must be adopted by resolution.

28         (7)(6)  All reports or information required to be filed

29  with a local governing authority under ss. 189.415, 189.416,

30  and 189.417, 218.32, and 218.39 and this section shall:

31


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                                          HB 1979, First Engrossed



  1         (a)  When the local governing authority is a county, be

  2  filed with the clerk of the board of county commissioners.

  3         (b)  When the district is a multicounty district, be

  4  filed with the clerk of the county commission in each county.

  5         (c)  When the local governing authority is a

  6  municipality, be filed at the place designated by the

  7  municipal governing body.

  8         Section 16.  Section 189.419, Florida Statutes, is

  9  amended to read:

10         189.419  Effect of failure to file certain reports or

11  information.--

12         (1)  If a special district fails to file the reports or

13  information required under s. 189.415, s. 189.416, or s.

14  189.417, s. 189.418, s. 218.32, or s. 218.39 and a description

15  of all new bonds as provided in s. 218.38(1) with the local

16  governing authority, the person authorized to receive and read

17  the reports or information shall notify the district's

18  registered agent and the appropriate local governing authority

19  or authorities. If requested by the district At any time, the

20  governing authority shall may grant an extension of time of up

21  to 30 days for filing the required reports or information,

22  except that an extension may not exceed 30 days.

23         (2)  If at any time the local governing authority or

24  authorities or the board of county commissioners determines

25  that there has been an unjustified failure to file the reports

26  or information described in subsection (1), it may notify

27  petition the department and the department may proceed

28  pursuant to initiate proceedings against the special district

29  in the manner provided in s. 189.421.

30         (3)  If a special district fails to file the reports or

31  information required under s. 112.63, s. 218.32, s. 218.38, or


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                                          HB 1979, First Engrossed



  1  s. 218.39 with the appropriate state agency, the agency shall

  2  notify the department, and the department shall proceed

  3  pursuant to s. 189.421 may initiate proceedings against the

  4  special district in the manner provided in s. 189.421 or

  5  assess fines of not more than $25, with an aggregate total not

  6  to exceed $50, when formal inquiries do not resolve the

  7  noncompliance.

  8         Section 17.  Section 189.421, Florida Statutes, is

  9  amended to read:

10         (Substantial rewording of section. See

11         s. 189.421, F.S., for present text.)

12         189.421  Failure of district to disclose financial

13  reports.--

14         (1)  When notified pursuant to s. 189.419, the

15  department shall attempt to assist a special district to

16  comply with its financial reporting requirements by sending a

17  certified letter to the special district, and a copy of the

18  letter to the chair of the governing body of the local

19  general-purpose government, which includes the following: a

20  description of the required report, including statutory

21  submission deadlines, a contact telephone number for technical

22  assistance to help the special district comply, a 60-day

23  extension of time for filing the required report with the

24  appropriate entity, the address where the report must be

25  filed, and an explanation of the penalties for noncompliance.

26  The department may grant an additional 30-day extension of

27  time if requested to do so in writing by the special district.

28  The department shall notify the appropriate entity of the new

29  extension of time.  In the case of a special district that did

30  not timely file the reports or information required by s.

31  218.38, the department shall send a certified technical


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                                          HB 1979, First Engrossed



  1  assistance letter to the special district that summarizes the

  2  requirements and encourages the special district to take steps

  3  to prevent the noncompliance from reoccurring.

  4         (2)  Failure of a special district to comply with the

  5  financial reporting requirements after the procedures of

  6  subsection (1) are exhausted shall be deemed final action of

  7  the special district.  The financial reporting requirements

  8  are hereby declared to be essential requirements of law.

  9  Remedy for noncompliance shall be by writ of certiorari as set

10  forth in subsection (3).

11         (3)  Pursuant to s. 11.40(5)(b), the Legislative

12  Auditing Committee shall notify the department of those

13  districts that failed to file the required report.  Within 30

14  days after receiving this notice or within 30 days after the

15  extension date provided in subsection (1), whichever occurs

16  later, the department shall proceed as follows:

17  notwithstanding the provisions of chapter 120, the department

18  shall file a petition for writ of certiorari with the circuit

19  court.  Venue for all actions pursuant to this subsection

20  shall be in Leon County.  The court shall award the prevailing

21  party attorney's fees and costs in all cases filed pursuant to

22  this section unless affirmatively waived by all parties.  A

23  writ of certiorari shall be issued unless a respondent

24  establishes that the notification of the Legislative Auditing

25  Committee was issued as a result of material error.

26  Proceedings under this subsection shall otherwise be governed

27  by the Rules of Appellate Procedure.

28         Section 18.  Subsection (5) of section 189.428, Florida

29  Statutes, is amended to read:

30         189.428  Special districts; oversight review process.--

31


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                                          HB 1979, First Engrossed



  1         (5)  Those conducting the oversight review process

  2  shall, at a minimum, consider the listed criteria for

  3  evaluating the special district, but may also consider any

  4  additional factors relating to the district and its

  5  performance.  If any of the listed criteria does do not apply

  6  to the special district being reviewed, it they need not be

  7  considered. The criteria to be considered by the reviewer

  8  include:

  9         (a)  The degree to which the service or services

10  offered by the special district are essential or contribute to

11  the well-being of the community.

12         (b)  The extent of continuing need for the service or

13  services currently provided by the special district.

14         (c)  The extent of municipal annexation or

15  incorporation activity occurring or likely to occur within the

16  boundaries of the special district and its impact on the

17  delivery of services by the special district.

18         (d)  Whether there is a less costly alternative method

19  of delivering the service or services that would adequately

20  provide the district residents with the services provided by

21  the district.

22         (e)  Whether transfer of the responsibility for

23  delivery of the service or services to an entity other than

24  the special district being reviewed could be accomplished

25  without jeopardizing the district's existing contracts, bonds,

26  or outstanding indebtedness.

27         (f)  Whether the Auditor General has notified the

28  Legislative Auditing Committee that the special district's

29  audit report, reviewed pursuant to s. 11.45(7), indicates that

30  the district has met any of the conditions specified in s.

31  218.503(1) or that a deteriorating financial condition exists


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                                          HB 1979, First Engrossed



  1  that may cause a condition described in s. 218.503(1) to occur

  2  if actions are not taken to address such condition.

  3         (g)  Whether the Auditor General has determined that

  4  the special district is in a state of financial emergency as

  5  provided in s. 218.503(1), and has notified the Governor and

  6  the Legislative Auditing Committee.

  7         (g)(h)  Whether the district is inactive according to

  8  the official list of special districts, and whether the

  9  district is meeting and discharging its responsibilities as

10  required by its charter, as well as projected increases or

11  decreases in district activity.

12         (h)(i)  Whether the special district has failed to

13  comply with any of the reporting requirements in this chapter,

14  including preparation of the public facilities report.

15         (i)(j)  Whether the special district has designated a

16  registered office and agent as required by s. 189.416, and has

17  complied with all open public records and meeting

18  requirements.

19         Section 19.  Paragraph (a) of subsection (1) of section

20  189.439, Florida Statutes, is amended to read:

21         189.439  Bonds.--

22         (1)  AUTHORIZATION AND FORM OF BONDS.--

23         (a)  The authority may issue and sell bonds for any

24  purpose for which the authority has the power to expend money,

25  including, without limitation, the power to obtain working

26  capital loans to finance the costs of any project and to

27  refund any bonds or other indebtedness at the time outstanding

28  at or before maturity. Bonds may be sold in the manner

29  provided in s. 218.385 and by public or negotiated sale after

30  advertisement, if any, as the board considers advisable.

31  Bonds may be authorized by resolution of the board.


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                                          HB 1979, First Engrossed



  1         Section 20.  Section 215.981, Florida Statutes, is

  2  amended to read:

  3         215.981  Audits of state agency direct-support

  4  organizations and citizen support organizations.--Each

  5  direct-support organization and each citizen support

  6  organization, created or authorized pursuant to law, and

  7  created, approved, or administered by a state agency, other

  8  than a university, district board of trustees of a community

  9  college, or district school board, shall provide for an annual

10  financial audit of its accounts and records to be conducted by

11  an independent certified public accountant in accordance with

12  rules adopted by the Auditor General pursuant to s. 11.45(8)

13  and the state agency that created, approved, or administers

14  the direct-support organization or citizen support

15  organization, whenever the organization's expenditures and

16  expenses exceed $100,000. The audit report shall be submitted

17  within 9 months after the end of the fiscal year to the

18  Auditor General and to the state agency responsible for

19  creation, administration, or approval of the direct-support

20  organization or citizen support organization. Such state

21  agency, the Auditor General, and the Office of Program Policy

22  Analysis and Government Accountability shall have the

23  authority to require and receive from the organization or from

24  the independent auditor any records relative to the operation

25  of the organization.

26         Section 21.  Subsection (3) of section 218.075, Florida

27  Statutes, is amended to read:

28         218.075  Reduction or waiver of permit processing

29  fees.--Notwithstanding any other provision of law, the

30  Department of Environmental Protection and the water

31  management districts shall reduce or waive permit processing


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                                          HB 1979, First Engrossed



  1  fees for counties with a population of 50,000 or less on April

  2  1, 1994, until such counties exceed a population of 75,000 and

  3  municipalities with a population of 25,000 or less, or any

  4  county or municipality not included within a metropolitan

  5  statistical area. Fee reductions or waivers shall be approved

  6  on the basis of fiscal hardship or environmental need for a

  7  particular project or activity. The governing body must

  8  certify that the cost of the permit processing fee is a fiscal

  9  hardship due to one of the following factors:

10         (3)  Any condition specified in s. 218.503(1), that

11  results in the county or municipality being in determines a

12  state of financial emergency;

13

14  The permit applicant must be the governing body of a county or

15  municipality or a third party under contract with a county or

16  municipality and the project for which the fee reduction or

17  waiver is sought must serve a public purpose. If a permit

18  processing fee is reduced, the total fee shall not exceed

19  $100.

20         Section 22.  Subsection (3) is added to section 218.32,

21  Florida Statutes, to read:

22         218.32  Annual financial reports; local governmental

23  entities.--

24         (3)  The department shall notify the President of the

25  Senate and the Speaker of the House of Representatives of any

26  municipality that has not had financial activity for the last

27  4 fiscal years.  Such notice shall be sufficient to initiate

28  dissolution procedures described in s. 165.051(1)(a).  Any

29  special law authorizing the incorporation or creation of said

30  municipality shall be included within the notification.

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                                          HB 1979, First Engrossed



  1         Section 23.  Subsection (3) of section 218.36, Florida

  2  Statutes, is amended to read:

  3         218.36  County officers; record and report of fees and

  4  disposition of same.--

  5         (3)  The board of county commissioners may shall, on

  6  the 32nd day following the close of the fiscal year, notify

  7  the Governor of the failure of any county officer to comply

  8  with the provisions of this section.  Such notification shall

  9  specify the name of the officer and the office held by him or

10  her at the time of such failure and shall subject said officer

11  to suspension from office at the Governor's discretion.

12         Section 24.  Section 218.369, Florida Statutes, is

13  amended to read:

14         218.369  Definitions applicable to ss.

15  218.37-218.386.--As used in this section and in ss. 218.37,

16  218.38, 218.385, and 218.386, the term "unit of local

17  government," except where exception is made, means a county,

18  municipality, special district, district school board, local

19  agency, authority, or consolidated city-county government or

20  any other local governmental body or public body corporate and

21  politic authorized or created by general or special law and

22  granted the power to issue general obligation or revenue

23  bonds; and the words "general obligation or revenue bonds"

24  shall be interpreted to include within their scope general

25  obligation bonds, revenue bonds, special assessment bonds,

26  limited revenue bonds, special obligation bonds, debentures,

27  and other similar instruments, but not bond anticipation

28  notes.

29         Section 25.  Part V of chapter 218, Florida Statutes,

30  entitled "Financial Emergencies" is renamed "Local

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                                          HB 1979, First Engrossed



  1  Governmental Entity and District School Board Financial

  2  Emergencies."

  3         Section 26.  Section 218.50, Florida Statutes, is

  4  amended to read:

  5         218.50  Short title.--Sections 218.50-218.504 shall be

  6  known as the "Local Governmental Entity and District School

  7  Board Government Financial Emergencies Act."

  8         Section 27.  Section 218.501, Florida Statutes, is

  9  amended to read:

10         218.501  Purposes.--The purposes of ss. 218.50-218.504

11  are:

12         (1)  To promote preserve and protect the fiscal

13  responsibility solvency of local governmental entities and

14  district school boards.

15         (2)  To assist local governmental entities and district

16  school boards in providing essential services without

17  interruption and in meeting their financial obligations.

18         (3)  To assist local governmental entities and district

19  school boards through the improvement of local financial

20  management procedures.

21         Section 28.  Section 218.502, Florida Statutes, is

22  amended to read:

23         218.502  Definition.--As used in ss. 218.50-218.504,

24  the term "local governmental entity" means a county,

25  municipality, or special district, or district school board.

26         Section 29.  Section 218.503, Florida Statutes, as

27  amended by chapter 2001-354, Laws of Florida, is amended to

28  read:

29         218.503  Determination of financial emergency.--

30         (1)  A Local governmental entities and district school

31  boards shall be subject to review and oversight by the


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                                          HB 1979, First Engrossed



  1  Governor or the Commissioner of Education entity is in a state

  2  of financial emergency when any one of the following

  3  conditions occurs:

  4         (a)  Failure within the same fiscal year in which due

  5  to pay short-term loans from banks or failure to make bond

  6  debt service or other long-term debt payments when due, as a

  7  result of a lack of funds.

  8         (b)  Failure to pay uncontested claims from creditors

  9  within 90 days after the claim is presented, as a result of a

10  lack of funds.

11         (c)(b)  Failure to transfer at the appropriate time,

12  due to lack of funds:

13         1.  Taxes withheld on the income of employees; or

14         2.  Employer and employee contributions for:

15         a.  Federal social security; or

16         b.  Any pension, retirement, or benefit plan of an

17  employee.

18         (d)(c)  Failure for one pay period to pay, due to lack

19  of funds:

20         1.  Wages and salaries owed to employees; or

21         2.  Retirement benefits owed to former employees.

22         (e)(d)  An unreserved or total fund balance or retained

23  earnings deficit, or unrestricted or total net assets deficit,

24  as reported on the balance sheet or statement of net assets on

25  the general purpose or fund financial statements, for which

26  sufficient resources of the local governmental entity, as

27  reported on the balance sheet or statement of net assets on

28  the general purpose or fund financial statements, are not

29  available to cover the deficit for 2 successive years.

30  Resources available to cover reported deficits include net

31  assets that are not otherwise restricted by federal, state, or


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                                          HB 1979, First Engrossed



  1  local laws, bond covenants, contractual agreements, or other

  2  legal constraints. Fixed or capital assets, the disposal of

  3  which would impair the ability of a local governmental entity

  4  to carry out its functions, are not considered resources

  5  available to cover reported deficits.

  6         (e)  Noncompliance of the local government retirement

  7  system with actuarial conditions provided by law.

  8         (2)  A local governmental entity shall notify the

  9  Governor and the Legislative Auditing Committee, and a

10  district school board shall notify the Commissioner of

11  Education and the Legislative Auditing Committee, when one or

12  more of the conditions specified in subsection (1) have

13  occurred or will occur if action is not taken to assist the

14  local governmental entity or district school board.  In

15  addition, any state agency must, within 30 days after a

16  determination that one or more of the conditions specified in

17  subsection (1) have occurred or will occur if action is not

18  taken to assist the local governmental entity or district

19  school board the identification of the financial emergency,

20  notify the Governor or the Commissioner of Education, as

21  appropriate, and the Legislative Auditing Committee when one

22  or more of the conditions specified in subsection (1) have

23  occurred or will occur if action is not taken to assist a

24  local governmental entity.

25         (3)  Upon notification that one or more of the

26  conditions in subsection (1) exist, the Governor or his or her

27  designee shall contact the local governmental entity or the

28  Commissioner of Education or his or her designee shall contact

29  the district school board to determine what actions have been

30  taken by the local governmental entity or the district school

31  board to resolve the condition financial emergency. The


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                                          HB 1979, First Engrossed



  1  Governor or the Commissioner of Education, as appropriate,

  2  shall determine whether the local governmental entity or the

  3  district school board needs state assistance to resolve the

  4  condition.  If state assistance is needed, the local

  5  governmental entity or district school board is considered to

  6  be in a state of financial emergency.  The Governor or the

  7  Commissioner of Education, as appropriate, has the authority

  8  to implement measures as set forth in ss. 218.50-218.504 to

  9  assist the local governmental entity or district school board

10  in resolving resolve the financial emergency.  Such measures

11  may include, but are not limited to:

12         (a)  Requiring approval of the local governmental

13  entity's budget by the Governor or approval of the district

14  school board's budget by the Commissioner of Education.

15         (b)  Authorizing a state loan to a the local

16  governmental entity and providing for repayment of same.

17         (c)  Prohibiting a local governmental entity or

18  district school board from issuing bonds, notes, certificates

19  of indebtedness, or any other form of debt until such time as

20  it is no longer subject to this section.

21         (d)  Making such inspections and reviews of records,

22  information, reports, and assets of the local governmental

23  entity or district school board. The appropriate local

24  officials shall cooperate in such, in which inspections and

25  reviews the appropriate local officials shall cooperate.

26         (e)  Consulting with the officials and auditors of the

27  local governmental entity or the district school board and the

28  appropriate state officials agency regarding any steps

29  necessary to bring the books of account, accounting systems,

30  financial procedures, and reports into compliance with state

31  requirements.


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                                          HB 1979, First Engrossed



  1         (f)  Providing technical assistance to the local

  2  governmental entity or the district school board.

  3         (g)1.  Establishing a financial emergency emergencies

  4  board to oversee the activities of the local governmental

  5  entity or the district school board. If a financial emergency

  6  The board, if is established for a local governmental entity,

  7  shall be appointed by the Governor shall appoint board members

  8  and select a chair. If a financial emergency board is

  9  established for a district school board, the State Board of

10  Education shall appoint board members and select a chair. The

11  Governor shall select a chair and such other officers as are

12  necessary. The financial emergency board shall adopt such

13  rules as are necessary for conducting board business. The

14  board may:

15         a.  Make such reviews of records, reports, and assets

16  of the local governmental entity or the district school board

17  as are needed.

18         b.  Consult with the officials and auditors of the

19  local governmental entity or the district school board and the

20  appropriate state officials regarding any steps necessary to

21  bring the books of account, accounting systems, financial

22  procedures, and reports of the local governmental entity or

23  the district school board into compliance with state

24  requirements.

25         c.  Review the operations, management, efficiency,

26  productivity, and financing of functions and operations of the

27  local governmental entity or district school board.

28         2.  The recommendations and reports made by the

29  financial emergency board must be submitted to the Governor

30  for local governmental entities or to the Commissioner of

31


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                                          HB 1979, First Engrossed



  1  Education and the State Board of Education for district school

  2  boards for appropriate action.

  3         (h)  Requiring and approving a plan, to be prepared by

  4  officials of the appropriate state agency in conjunction with

  5  the local governmental entity or the district school board in

  6  consultation with the appropriate state officials, prescribing

  7  actions that will cause the local governmental entity or

  8  district school board to no longer be subject to this section.

  9  The plan must include, but need not be limited to:

10         1.  Provision for payment in full of obligations

11  outlined in subsection (1), designated as priority items, that

12  are currently all payments due or will to come due on debt

13  obligations, pension payments, and all payments and charges

14  imposed or mandated by federal or state law and for all

15  judgments and past due accounts, as priority items of

16  expenditures.

17         2.  Establishment of a basis of priority budgeting or

18  zero-based budgeting in order, so as to eliminate low-priority

19  items that are not affordable.

20         3.  The prohibition of a level of operations which can

21  be sustained only with nonrecurring revenues.

22         (4)  A During the financial emergency period, the local

23  governmental entity or district school board may not seek

24  application of laws under the bankruptcy provisions of the

25  United States Constitution except with the prior approval of

26  the Governor for local governmental entities or the

27  Commissioner of Education for district school boards.

28         (5)(a)  The governing authority of any municipality

29  having a resident population of 300,000 or more on or after

30  April 1, 1999, which has been declared in a state of financial

31  emergency pursuant to this section may impose a discretionary


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                                          HB 1979, First Engrossed



  1  per-vehicle surcharge of up to 20 percent on the gross

  2  revenues of the sale, lease, or rental of space at parking

  3  facilities within the municipality which are open for use to

  4  the general public.

  5         (b)  A municipal governing authority that imposes the

  6  surcharge authorized by this subsection may use the proceeds

  7  of such surcharge for the following purposes only:

  8         1.  No less than 60 percent and no more than 80 percent

  9  of the surcharge proceeds shall be used by the governing

10  authority to reduce its ad valorem tax millage rate or to

11  reduce or eliminate non-ad valorem assessments.

12         2.  A portion of the balance of the surcharge proceeds

13  shall be used by the governing authority to increase its

14  budget reserves; however, the governing authority shall not

15  reduce the amount it allocates for budget reserves from other

16  sources below the amount allocated for reserves in the fiscal

17  year prior to the year in which the surcharge is initially

18  imposed. When a 15-percent budget reserve is achieved, based

19  on the average gross revenue for the most recent 3 prior

20  fiscal years, the remaining proceeds from this subparagraph

21  shall be used for the payment of annual debt service related

22  to outstanding obligations backed or secured by a covenant to

23  budget and appropriate from non-ad valorem revenues.

24         (c)  This subsection expires June 30, 2006.

25         Section 30.  Section 218.504, Florida Statutes, is

26  amended to read:

27         218.504  Cessation of state action.--The Governor or

28  the Commissioner of Education, as appropriate, has the

29  authority to terminate all state actions pursuant to ss.

30  218.50-218.504.  Cessation of state action must not occur

31


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                                          HB 1979, First Engrossed



  1  until the Governor or the Commissioner of Education, as

  2  appropriate, has determined that:

  3         (1)  The local governmental entity or district school

  4  board:

  5         (a)  Has established and is operating an effective

  6  financial accounting and reporting system.

  7         (b)  Has resolved corrected or eliminated the fiscal

  8  emergency conditions outlined in s. 218.503(1).

  9         (2)  None of the No new fiscal emergency conditions

10  outlined in s. 218.593(1) exist.

11         Section 31.  Section 236.43, Florida Statutes, is

12  amended to read:

13         236.43  Receiving bids and sale of bonds.--

14         (1)  In case the issuance of bonds shall be authorized

15  at said election, or in case any bonds outstanding against the

16  district are being refunded, the school board shall sell the

17  bonds in the manner provided in s. 218.385. cause notice to be

18  given by publication in some newspaper published in the

19  district that said board will receive bids for the purchase of

20  the bonds at the office of the superintendent of said

21  district.  The notice shall be published twice and the first

22  publication shall be given not less than 30 days prior to the

23  date set for receiving the bids.  Said notice shall specify

24  the amount of the bonds offered for sale and shall state

25  whether the bids shall be sealed bids or whether the bonds are

26  to be sold at auction, shall give the schedule of maturities

27  of the proposed bonds and such other pertinent information as

28  may be prescribed by regulations of the state board.  Bidders

29  may be invited to name the rate of interest which the bonds

30  are to bear or the school board may name rates of interest and

31  invite bids thereon.  In addition to publication of notice of


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                                          HB 1979, First Engrossed



  1  the proposed sale as set forth above, the school board shall

  2  also notify in writing at least three recognized bond dealers

  3  in the state and shall also at the same time notify the

  4  Department of Education concerning the proposed sale,

  5  enclosing a copy of the advertisement.

  6         (2)  All bonds and refunding bonds issued as provided

  7  by law shall be sold to the highest and best bidder at such

  8  public sale unless sold at a better price or yield basis

  9  within 30 days after failure to receive an acceptable bid at a

10  duly advertised public sale; provided, that at no time shall

11  bonds or refunding bonds be sold or exchanged at less than par

12  value except as specifically authorized by the department; and

13  provided, further, that the school board shall have the right

14  to reject all bids and cause a new notice to be given in like

15  manner inviting other bids for such bonds, or to sell all or

16  any part of such bonds to the state board at a price and yield

17  basis which shall not be less advantageous to the school board

18  than that represented by the highest and best bid received.

19  In the marketing of said bonds the school board shall be

20  entitled to have such assistance as can be rendered by the

21  Governor, the State Treasurer, the Commissioner of Education,

22  or any other public state officer or agency.  In determining

23  the highest and best bidder for bonds offered for sale by

24  competitive bid, the true net interest cost to the school

25  board as shown in standard bond tables shall govern,;

26  provided, that the determination of the school board as to the

27  highest and best bidder shall be final.

28         Section 32.  Subsection (4) of section 237.40, Florida

29  Statutes, is amended to read:

30         237.40  Direct-support organization; use of property;

31  board of directors; audit.--


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                                          HB 1979, First Engrossed



  1         (4)  ANNUAL AUDIT.--Each direct-support organization

  2  with more than $100,000 in expenditures and expenses shall

  3  provide for an annual financial audit of its accounts and

  4  records, to be conducted by an independent certified public

  5  accountant in accordance with rules adopted by the Auditor

  6  General pursuant to s. 11.45(8) and the Commissioner of

  7  Education. The annual audit report shall be submitted within 9

  8  months after the fiscal year's end to the district school

  9  board and the Auditor General. The Commissioner of Education,

10  the Auditor General, and the Office of Program Policy Analysis

11  and Government Accountability have the authority to require

12  and receive from the organization or the district auditor any

13  records relative to the operation of the organization. The

14  identity of donors and all information identifying donors and

15  prospective donors are confidential and exempt from the

16  provisions of s. 119.07(1), and that anonymity shall be

17  maintained in the auditor's report. All other records and

18  information shall be considered public records for the

19  purposes of chapter 119.

20         Section 33.  Subsection (5) of section 240.299, Florida

21  Statutes, is amended to read:

22         240.299  Direct-support organizations; use of property;

23  board of directors; activities; audit; facilities.--

24         (5)  ANNUAL AUDIT.--Each direct-support organization

25  with more than $100,000 in expenditures and expenses shall

26  provide for an annual financial audit of its accounts and

27  records to be conducted by an independent certified public

28  accountant in accordance with rules adopted by the Auditor

29  General pursuant to s. 11.45(8) and by the Board of Regents.

30  The annual audit report shall be submitted, within 9 months

31  after the end of the fiscal year, to the Auditor General and


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                                          HB 1979, First Engrossed



  1  the Board of Regents for review.  The Board of Regents, the

  2  Auditor General, and the Office of Program Policy Analysis and

  3  Government Accountability shall have the authority to require

  4  and receive from the organization or from its independent

  5  auditor any records relative to the operation of the

  6  organization. The identity of donors who desire to remain

  7  anonymous shall be protected, and that anonymity shall be

  8  maintained in the auditor's report.  All records of the

  9  organization other than the auditor's report, management

10  letter, and any supplemental data requested by the Board of

11  Regents, the Auditor General, and the Office of Program Policy

12  Analysis and Government Accountability shall be confidential

13  and exempt from the provisions of s. 119.07(1).

14         Section 34.  Subsection (6) of section 240.331, Florida

15  Statutes, is amended to read:

16         240.331  Community college direct-support

17  organizations.--

18         (6)  ANNUAL AUDIT.--Each direct-support organization

19  with more than $100,000 in expenditures and expenses shall

20  provide for an annual financial audit of its accounts and

21  records in accordance with rules adopted by the Auditor

22  General pursuant to s. 11.45(8). The annual audit report must

23  be submitted, within 9 months after the end of the fiscal

24  year, to the Auditor General, the State Board of Community

25  Colleges, and the board of trustees for review.  The board of

26  trustees, the Auditor General, and the Office of Program

27  Policy Analysis and Government Accountability may require and

28  receive from the organization or from its independent auditor

29  any detail or supplemental data relative to the operation of

30  the organization.  The identity of donors who desire to remain

31  anonymous shall be protected, and that anonymity shall be


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                                          HB 1979, First Engrossed



  1  maintained in the auditor's report. All records of the

  2  organization, other than the auditor's report, any information

  3  necessary for the auditor's report, any information related to

  4  the expenditure of funds, and any supplemental data requested

  5  by the board of trustees, the Auditor General, and the Office

  6  of Program Policy Analysis and Government Accountability,

  7  shall be confidential and exempt from the provisions of s.

  8  119.07(1).

  9         Section 35.  Chapter 131, Florida Statutes, consisting

10  of sections 131.01, 131.02, 131.03, 131.04, 131.05, and

11  131.06, Florida Statutes, is repealed.

12         Section 36.  Section 132.10, Florida Statutes, is

13  repealed.

14         Section 37.  Section 165.052, Florida Statutes, is

15  repealed.

16         Section 38.  Section 189.409, Florida Statutes, is

17  repealed.

18         Section 39.  Section 189.422, Florida Statutes, is

19  repealed.

20         Section 40.  Section 200.0684, Florida Statutes, is

21  repealed.

22         Section 41.  Paragraph (h) of subsection (1) of section

23  218.37, Florida Statutes, is repealed.

24         Section 42.  Except as otherwise provided herein, this

25  act shall take effect upon becoming a law.

26

27

28

29

30

31


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