Senate Bill sb1894c1

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    Florida Senate - 2003                           CS for SB 1894

    By the Committee on Governmental Oversight and Productivity;
    and Senator Atwater




    302-2400-03

  1                      A bill to be entitled

  2         An act relating to government accountability;

  3         amending s. 11.40, F.S.; combining the office

  4         of the Auditor General and the Office of

  5         Program Policy Analysis and Government

  6         Accountability into the Office of Government

  7         Accountability; amending s. 11.42, F.S.;

  8         deleting provisions relating to qualifications

  9         of employees of the Auditor General; deleting

10         provisions relating to the headquarters;

11         deleting provisions prohibiting certain

12         political activity; creating s. 11.421, F.S.;

13         creating the Office of Government

14         Accountability; designating the Auditor General

15         as the head of the office; requiring

16         appointment of a qualified person as deputy

17         auditor general to head the Division of Policy

18         Analysis and Agency Review, subject to

19         confirmation by the Legislative Auditing

20         Committee; prescribing responsibilities of the

21         division; specifying qualifications of

22         employees of the office; providing for

23         headquarters and other offices and for

24         payrolls; prohibiting certain activities by

25         employees of the office; amending s. 11.45,

26         F.S.; prescribing duties of the office with

27         respect to conducting audits and similar

28         duties, including provisions directing audits

29         and review of specified entities and programs;

30         providing for corrective action plans by

31         audited entities; revising provisions relating

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 1         to petitioning for audit of a municipality;

 2         amending s. 11.47, F.S.; providing penalties

 3         for entities not cooperating with the office;

 4         repealing ss. 11.51, 11.511, F.S., relating to

 5         the Office of Program Policy Analysis and

 6         Government Accountability and to its director;

 7         amending ss. 11.513, 14.203, 17.041, 20.055,

 8         20.23, 24.105, 24.108, 24.120, 24.123, 25.075,

 9         39.202, 68.085, 68.087, 70.20, 110.116,

10         112.061, 119.07, 121.051, 121.055, 125.01,

11         136.08, 154.11, 163.2526, 163.3246, 189.4035,

12         189.412, 189.428, 192.0105, 193.074, 193.1142,

13         195.027, 195.084, 196.101, 213.053, 215.44,

14         215.93, 215.94, 215.97, 215.981, 216.102,

15         216.141, 216.163, 216.177, 216.178, 216.181,

16         216.192, 216.231, 216.262, 216.292, 216.301,

17         218.31, 218.32, 218.39, 220.187, 243.73,

18         253.025, 259.037, 259.041, 267.1732, 273.02,

19         273.03, 273.05, 273.055, 274.02, 282.318,

20         282.322, 287.045, 287.058, 287.0943, 287.115,

21         287.17, 288.1224, 288.1226, 288.1227, 288.7011,

22         288.7091, 288.7092, 288.90151, 288.905,

23         288.906, 288.9517, 288.9604, 290.00689, 296.17,

24         296.41, 298.17, 310.131, 320.023, 320.08058,

25         320.08062, 322.081, 331.419, 334.0445, 336.022,

26         339.406, 365.173, 373.45926, 373.4595, 373.536,

27         403.1835, 403.8532, 409.2563, 411.01, 411.011,

28         411.221, 421.091, 427.705, 443.1316, 445.003,

29         445.004, 446.609, 455.32, 471.038, 527.22,

30         550.125, 601.15, 616.263, 744.708, 943.25,

31         944.105, 944.512, 944.719, 946.516, 948.15,

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 1         957.07, 957.11, 985.31, 985.311, 985.412,

 2         985.416, 1001.24, 1001.453, 1002.22, 1002.36,

 3         1002.37, 1004.28, 1004.29, 1004.43, 1004.445,

 4         1004.58, 1004.70, 1004.78, 1005.37, 1006.07,

 5         1006.19, 1008.35, 1008.46, 1009.265, 1009.53,

 6         1009.976, 1009.983, 1010.305, 1011.10, 1011.51,

 7         1013.35, 1013.512, F.S., and s. 34, chapter

 8         2002-22, Laws of Florida, and repealing s.

 9         112.658, F.S., relating to the Office of

10         Program Policy Analysis and Government

11         Accountability, to conform; amending ss.

12         216.023, 288.1224, 322.135, 324.202, 411.01,

13         445.009, F.S., to repeal obsolete provisions;

14         providing an effective date.

15  

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

17  

18         Section 1.  Subsections (3), (4), and (5) of section

19  11.40, Florida Statutes, are amended to read:

20         11.40  Legislative Auditing Committee.--

21         (3)  The Legislative Auditing Committee may direct the

22  Auditor General or the Office of Program Policy Analysis and

23  Government Accountability to conduct an audit, review, or

24  examination of any entity or record described in s. 11.45(2)

25  or (3).

26         (4)  The Legislative Auditing Committee may take under

27  investigation any matter within the scope of an audit, review,

28  or examination either completed or then being conducted by the

29  Auditor General or the Office of Program Policy Analysis and

30  Government Accountability, and, in connection with such

31  

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 1  investigation, may exercise the powers of subpoena by law

 2  vested in a standing committee of the Legislature.

 3         (5)  Following notification by the Office of Government

 4  Accountability Auditor General, the Department of Banking and

 5  Finance, or the Division of Bond Finance of the State Board of

 6  Administration of the failure of a local governmental entity,

 7  district school board, charter school, or charter technical

 8  career center to comply with the applicable provisions within

 9  s. 11.45(5)-(7), s. 218.32(1), or s. 218.38, the Legislative

10  Auditing Committee may schedule a hearing. If a hearing is

11  scheduled, the committee shall determine if the entity should

12  be subject to further state action.  If the committee

13  determines that the entity should be subject to further state

14  action, the committee shall:

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

16  district school board, request the Department of Revenue and

17  the Department of Banking and Finance to withhold any funds

18  not pledged for bond debt service satisfaction which are

19  payable to such entity until the entity complies with the law.

20  The committee, in its request, shall specify the date such

21  action shall begin, and the request must be received by the

22  Department of Revenue and the Department of Banking and

23  Finance 30 days before the date of the distribution mandated

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

25  Banking and Finance are authorized to implement the provisions

26  of this paragraph.

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

28  Department of Community Affairs that the special district has

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

30  the Department of Community Affairs shall proceed pursuant to

31  the provisions specified in ss. 189.421 and 189.422.

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 1         (c)  In the case of a charter school or charter

 2  technical career center, notify the appropriate sponsoring

 3  entity, which may terminate the charter pursuant to ss.

 4  1002.33 and 1002.34.

 5         Section 2.  Section 11.42, Florida Statutes, is amended

 6  to read:

 7         11.42  The Auditor General.--

 8         (1)  The Auditor General appointed in this section is

 9  the auditor that is required by s. 2, Art. III of the State

10  Constitution.

11         (2)  The Auditor General shall be appointed to office

12  to serve at the pleasure of the Legislature, by a majority

13  vote of the members of the Legislative Auditing Committee,

14  subject to confirmation by both houses of the Legislature. At

15  the time of her or his or her appointment, the Auditor General

16  shall have been certified under the Public Accountancy Law in

17  this state for a period of at least 10 years and shall have

18  had not less than 10 years' experience in an accounting or

19  auditing related field. Vacancies in the office shall be

20  filled in the same manner as the original appointment.

21         (3)  The Auditor General shall perform his or her

22  duties independently but under the general policies

23  established by the Legislative Auditing Committee.

24         (4)(3)(a)  To carry out her or his or her duties the

25  Auditor General shall make all spending decisions within the

26  annual operating budget of the Office of Government

27  Accountability approved by the President of the Senate and the

28  Speaker of the House of Representatives. The Auditor General

29  shall employ qualified persons necessary for the efficient

30  operation of the Auditor General's office and shall fix their

31  duties and compensation and, with the approval of the

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 1  President of the Senate and the Speaker of the House of

 2  Representatives, shall adopt and administer a uniform

 3  personnel, job classification, and pay plan for such

 4  employees.

 5         (b)  No person shall be employed as a financial auditor

 6  who does not possess the qualifications to take the

 7  examination for a certificate as certified public accountant

 8  under the laws of this state, and no person shall be employed

 9  or retained as legal adviser, on either a full-time or a

10  part-time basis, who is not a member of The Florida Bar.

11         (5)(4)  The Auditor General, before entering upon the

12  duties of the office, shall take and subscribe the oath of

13  office required of state officers by the State Constitution.

14         (6)(5)  The appointment of the Auditor General may be

15  terminated at any time by a majority vote of both houses of

16  the Legislature.

17         (6)(a)  The headquarters of the Auditor General shall

18  be at the state capital, but to facilitate auditing and to

19  eliminate unnecessary traveling the Auditor General may

20  establish field offices located outside the state capital. The

21  Auditor General shall be provided with adequate quarters to

22  carry out the position's functions in the state capital and in

23  other areas of the state.

24         (b)  All payrolls and vouchers for the operations of

25  the Auditor General's office shall be submitted to the

26  Comptroller and, if found to be correct, payments shall be

27  issued therefor.

28         (7)  The Auditor General may make and enforce

29  reasonable rules and regulations necessary to facilitate

30  audits, including, but not limited to, examinations, policy

31  analyses, program evaluations and justification reviews,

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 1  reviews, and other engagements that the Office of Government

 2  Accountability which she or he is authorized to perform.

 3         (8)  No officer or salaried employee of the Office of

 4  the Auditor General shall serve as the representative of any

 5  political party or on any executive committee or other

 6  governing body thereof; serve as an executive, officer, or

 7  employee of any political party committee, organization, or

 8  association; or be engaged on behalf of any candidate for

 9  public office in the solicitation of votes or other activities

10  in behalf of such candidacy. Neither the Auditor General nor

11  any employee of the Auditor General may become a candidate for

12  election to public office unless she or he first resigns from

13  office or employment. No officer or salaried employee of the

14  Auditor General shall actively engage in any other business or

15  profession or be otherwise employed without the prior written

16  permission of the Auditor General.

17         (8)(9)  Sections 11.25(1) and 11.26 shall not apply to

18  the Auditor General.

19         Section 3.  Section 11.421, Florida Statutes, is

20  created to read:

21         11.421  The Office of Government Accountability.--

22         (1)  There is created an Office of Government

23  Accountability.

24         (2)  The Auditor General is the head of the Office of

25  Government Accountability.

26         (3)  The Office of Government Accountability shall

27  consist of a Division of Policy Analysis and Agency Review and

28  any other divisions deemed necessary by the Auditor General.

29  The Division of Policy Analysis and Agency Review is

30  responsible for conducting examinations, policy analyses,

31  program evaluation and justification reviews, and other

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 1  engagements as directed by the Auditor General or as directed

 2  by the Legislative Auditing Committee. The Division of Policy

 3  Analysis and Agency Review is also responsible for maintaining

 4  the Florida Government Accountability Report, which summarizes

 5  accountability information on all major state programs, and

 6  providing this information to the Legislature electronically

 7  and by other means.

 8         (4)  The Auditor General shall appoint a deputy auditor

 9  general to direct the Division of Policy Analysis and Agency

10  Review. At the time of the appointment, this deputy auditor

11  general must have had 10 years' experience in policy analysis

12  and program evaluation. The appointment shall be subject to

13  confirmation by a majority vote of the Legislative Auditing

14  Committee.

15         (5)  The Auditor General shall employ qualified persons

16  necessary for the efficient operation of the Office of

17  Government Accountability. The staff must be chosen to provide

18  a broad background of experience and expertise and, to the

19  maximum extent possible, to represent a range of disciplines

20  that includes auditing, accounting, law, engineering, public

21  administration, environmental science, policy analysis,

22  economics, sociology, and philosophy. The Auditor General

23  shall fix their duties and compensation and, with the approval

24  of the President of the Senate and the Speaker of the House of

25  Representatives, shall adopt and administer a uniform

26  personnel, job classification, and pay plan for such

27  employees.

28         (6)  No person shall be employed as a financial auditor

29  who does not possess the qualifications to take the

30  examination for a certificate as certified public accountant

31  under the laws of this state, and no person shall be employed

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 1  or retained as legal advisor, either full-time or part-time,

 2  who is not a member in good standing of The Florida Bar.

 3         (7)(a)  The headquarters of the Office of Government

 4  Accountability shall be at the state capital, but to

 5  facilitate auditing and to eliminate unnecessary traveling the

 6  Office of Government Accountability may establish field

 7  offices located outside the state capital. The Office of

 8  Government Accountability shall be provided with adequate

 9  quarters to carry out its duties and responsibilities in the

10  state capital and in other areas of the state.

11         (b)  All payrolls and vouchers for the operations of

12  the Office of Government Accountability shall be submitted to

13  the Chief Financial Officer and, if found to be correct,

14  payment shall be issued therefor.

15         (8)  No officer or salaried employee of the Office of

16  Government Accountability shall serve as the representative of

17  any political party or on any executive committee or other

18  governing body thereof; serve as an executive, officer, or

19  employee of any political party committee, organization, or

20  association; or be engaged on behalf of any candidate for

21  public office in the solicitation of votes or other activities

22  in behalf of such candidacy. Neither the Auditor General nor

23  any employee of the Office of Government Accountability may

24  become a candidate for election to public office unless he or

25  she first resigns from office or employment. No officer or

26  salaried employee of the Office of Government Accountability

27  shall actively engage in any other business or profession or

28  be otherwise employed without the prior written permission of

29  the Auditor General.

30  

31  

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 1         Section 4.  Subsections (2), (3), (4), (5), (6), (7),

 2  (8), and (9) of section 11.45, Florida Statutes, are amended

 3  to read:

 4         11.45  Definitions; duties; authorities; reports;

 5  rules.--

 6         (2)  DUTIES.--The Office of Government Accountability

 7  Auditor General shall:

 8         (a)  Conduct audits, including, but not limited to,

 9  examinations, policy analyses, program evaluations and

10  justification reviews, reviews, and other engagements of

11  records and perform related duties as prescribed by law,

12  concurrent resolution of the Legislature, or as directed by

13  the Legislative Auditing Committee.

14         (b)  Annually conduct a financial audit of state

15  government.

16         (c)  Annually conduct financial and operational audits

17  of all universities and district boards of trustees of

18  community colleges.

19         (d)  Annually conduct financial audits of the accounts

20  and records of all district school boards in counties with

21  populations of fewer than 150,000, according to the most

22  recent federal decennial statewide census.

23         (e)  Annually conduct an audit of the Wireless

24  Emergency Telephone System Fund as described in s. 365.173.

25         (f)  At least every 2 years, conduct operational audits

26  of the accounts and records of state agencies, and

27  universities, and district boards of trustees of community

28  colleges. In connection with these audits, the Auditor General

29  shall give appropriate consideration to reports issued by

30  state agencies' inspectors general, or universities'

31  

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 1  inspectors general, or internal auditors and the resolution of

 2  findings therein.

 3         (g)  At least every 2 years, conduct a performance

 4  audit of the local government financial reporting system,

 5  which, for the purpose of this chapter, means any statutory

 6  provisions related to local government financial reporting.

 7  The purpose of such an audit is to determine the accuracy,

 8  efficiency, and effectiveness of the reporting system in

 9  achieving its goals and to make recommendations to the local

10  governments, the Governor, and the Legislature as to how the

11  reporting system can be improved and how program costs can be

12  reduced. The local government financial reporting system

13  should provide for the timely, accurate, uniform, and

14  cost-effective accumulation of financial and other information

15  that can be used by the members of the Legislature and other

16  appropriate officials to accomplish the following goals:

17         1.  Enhance citizen participation in local government;

18         2.  Improve the financial condition of local

19  governments;

20         3.  Provide essential government services in an

21  efficient and effective manner; and

22         4.  Improve decisionmaking on the part of the

23  Legislature, state agencies, and local government officials on

24  matters relating to local government.

25         (h)  At least every 2 years, determine through the

26  examination of actuarial reviews, financial statements, and

27  the practices and procedures of the Department of Management

28  Services, the compliance of the Florida Retirement System with

29  the provisions of part VII, ch. 112. The Office of Government

30  Accountability shall employ an independent consulting actuary

31  who is an enrolled actuary as defined in part VII, ch. 112, to

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 1  assist in the determination of compliance. The Office of

 2  Government Accountability shall employ the same actuarial

 3  standards to monitor the Department of Management Services as

 4  the Department of Management Services uses to monitor local

 5  governmental entities.

 6         (i)  At least every 2 years, examine the State Board of

 7  Administration's management of investments.

 8         (j)(h)  Once every 3 years, conduct performance audits

 9  of the Department of Revenue's administration of the ad

10  valorem tax laws as described in s. 195.096.

11         (k)(i)  Once every 3 years, conduct financial and

12  operational audits of the accounts and records of all district

13  school boards in counties with populations of 150,000 125,000

14  or more, according to the most recent federal decennial

15  statewide census.

16         (l)(j)  Once every 3 years, review a sample of each

17  state agency's internal audit reports to determine compliance

18  with current Standards for the Professional Practice of

19  Internal Auditing or, if appropriate, government auditing

20  standards.

21         (m)(k)  Conduct audits of local governmental entities

22  when determined to be necessary by the Auditor General, when

23  directed by the Legislative Auditing Committee, or when

24  otherwise required by law. No later than 18 months after the

25  release of the audit report, the Auditor General shall perform

26  such appropriate followup procedures as he or she deems

27  necessary to determine the audited entity's progress in

28  addressing the findings and recommendations contained within

29  the Auditor General's previous report. The Auditor General

30  shall provide a copy of his or her determination to each

31  

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 1  member of the audited entity's governing body and to the

 2  Legislative Auditing Committee.

 3         (n)  Conduct program evaluation and justification

 4  reviews as described in s. 11.513 at the discretion of the

 5  Auditor General upon consultation with the Legislative

 6  Auditing Committee or the Legislative Budget Commission.

 7         (o)  Provide a statement in its reports whether the

 8  entity audited by the Office of Government Accountability must

 9  file a corrective action plan to address findings and

10  recommendations included in the report. Whenever determined

11  necessary by the Office of Government Accountability, the

12  audited entity shall provide a corrective action plan to the

13  Legislative Auditing Committee. The audited entity shall

14  provide the corrective action plan no later than 2 months

15  after the release of the report by the Office of Government

16  Accountability. The corrective action plan must include

17  completion dates, data, and other information that describes

18  in detail what the entity will do to implement the

19  recommendations within the report. The entity shall provide

20  data and other information that describes with specificity the

21  progress the entity has made in implementing the corrective

22  action plan. The entity shall provide such data within 12

23  months after the submission of the corrective action plan or

24  the time period specified by the Office of Government

25  Accountability. The Office of Government Accountability shall

26  perform follow-up procedures to verify the entity's progress

27  in addressing findings and recommendations contained within

28  the report issued by the Office of Government Accountability.

29  The Office of Government Accountability shall provide a copy

30  of its determination to the audited entity, to the Legislative

31  

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 1  Auditing Committee, and to the appropriate legislative

 2  standing committees.

 3  

 4  The Auditor General shall perform his or her duties

 5  independently but under the general policies established by

 6  the Legislative Auditing Committee. This subsection does not

 7  limit the Office of Government Accountability's Auditor

 8  General's discretionary authority to conduct other audits or

 9  engagements of governmental entities as authorized in

10  subsection (3).

11         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--

12         (a)  The Office of Government Accountability Auditor

13  General may, pursuant to the direction of the Auditor General

14  his or her own authority, or at the direction of the

15  Legislative Auditing Committee, conduct audits, including, but

16  not limited to, examinations, policy analyses, program

17  evaluations and justification reviews, reviews, and or other

18  engagements as determined appropriate by the Auditor General

19  of:

20         (a)1.  The accounts and records of any governmental

21  entity created or established by law.

22         (b)2.  The information technology programs, activities,

23  functions, or systems of any governmental entity created or

24  established by law.

25         (c)3.  The accounts and records of any charter school

26  created or established by law.

27         (d)4.  The accounts and records of any direct-support

28  organization or citizen support organization created or

29  established by law. The Office of Government Accountability

30  Auditor General is authorized to require and receive any

31  

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 1  records from the direct-support organization or citizen

 2  support organization, or from its independent auditor.

 3         (e)5.  The public records associated with any

 4  appropriation made by the General Appropriations Act to a

 5  nongovernmental agency, corporation, or person. All records of

 6  a nongovernmental agency, corporation, or person with respect

 7  to the receipt and expenditure of such an appropriation shall

 8  be public records and shall be treated in the same manner as

 9  other public records are under general law.

10         (f)6.  State financial assistance provided to any

11  nonstate entity.

12         (g)7.  The Tobacco Settlement Financing Corporation

13  created pursuant to s. 215.56005.

14         (h)8.  The Florida Virtual School created pursuant to

15  s. 1002.37.

16         (i)9.  Any purchases of federal surplus lands for use

17  as sites for correctional facilities as described in s.

18  253.037.

19         (j)10.  Enterprise Florida, Inc., including any of its

20  boards, advisory committees, or similar groups created by

21  Enterprise Florida, Inc., and programs.  The audit report may

22  not reveal the identity of any person who has anonymously made

23  a donation to Enterprise Florida, Inc., pursuant to this

24  subparagraph. The identity of a donor or prospective donor to

25  Enterprise Florida, Inc., who desires to remain anonymous and

26  all information identifying such donor or prospective donor

27  are confidential and exempt from the provisions of s.

28  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

29  anonymity shall be maintained in the auditor's report.

30         (k)11.  The Florida Development Finance Corporation or

31  the capital development board or the programs or entities

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 1  created by the board. The audit or report may not reveal the

 2  identity of any person who has anonymously made a donation to

 3  the board pursuant to this subparagraph. The identity of a

 4  donor or prospective donor to the board who desires to remain

 5  anonymous and all information identifying such donor or

 6  prospective donor are confidential and exempt from the

 7  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

 8  Constitution. Such anonymity shall be maintained in the

 9  auditor's report.

10         (l)12.  The records pertaining to the use of funds from

11  voluntary contributions on a motor vehicle registration

12  application or on a driver's license application authorized

13  pursuant to ss. 320.023 and 322.081.

14         (m)13.  The records pertaining to the use of funds from

15  the sale of specialty license plates described in chapter 320.

16         (n)14.  The transportation corporations under contract

17  with the Department of Transportation that are acting on

18  behalf of the state to secure and obtain rights-of-way for

19  urgently needed transportation systems and to assist in the

20  planning and design of such systems pursuant to ss.

21  339.401-339.421.

22         (o)15.  The acquisitions and divestitures related to

23  the Florida Communities Trust Program created pursuant to

24  chapter 380.

25         (p)16.  The Florida Water Pollution Control Financing

26  Corporation created pursuant to s. 403.1837.

27         (q)17.  The Florida Partnership for School Readiness

28  created pursuant to s. 411.01.

29         (r)18.  The Florida Special Disability Trust Fund

30  Financing Corporation created pursuant to s. 440.49.

31  

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 1         (s)19.  Workforce Florida, Inc., or the programs or

 2  entities created by Workforce Florida, Inc., created pursuant

 3  to s. 445.004.

 4         (t)20.  The corporation defined in s. 455.32 that is

 5  under contract with the Department of Business and

 6  Professional Regulation to provide administrative,

 7  investigative, examination, licensing, and prosecutorial

 8  support services in accordance with the provisions of s.

 9  455.32 and the practice act of the relevant profession.

10         (u)21.  The Florida Engineers Management Corporation

11  created pursuant to chapter 471.

12         (v)22.  The Investment Fraud Restoration Financing

13  Corporation created pursuant to chapter 517.

14         (w)23.  The books and records of any permitholder that

15  conducts race meetings or jai alai exhibitions under chapter

16  550.

17         (x)24.  The corporation defined in part II of chapter

18  946, known as the Prison Rehabilitative Industries and

19  Diversified Enterprises, Inc., or PRIDE Enterprises.

20         (b)  The Auditor General is also authorized to:

21         1.  Promote the building of competent and efficient

22  accounting and internal audit organizations in the offices

23  administered by governmental entities.

24         2.  Provide consultation services to governmental

25  entities on their financial and accounting systems,

26  procedures, and related matters.

27         (4)  SCHEDULING AND STAFFING OF AUDITS.--

28         (a)  Each financial audit required or authorized by

29  this section, when practicable, shall be made and completed

30  within not more than 9 months following the end of each

31  audited fiscal year of the state agency or political

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 1  subdivision, or at such lesser time which may be provided by

 2  law or concurrent resolution or directed by the Legislative

 3  Auditing Committee. When the Auditor General determines that

 4  conducting any audit or engagement otherwise required by law

 5  would not be possible due to workload or would not be an

 6  efficient or effective use of the Office of Government

 7  Accountability's his or her resources based on an assessment

 8  of risk, then, in his or her discretion, the Auditor General

 9  may temporarily or indefinitely postpone such audits or other

10  engagements for such period or any portion thereof, unless

11  otherwise directed by the committee.

12         (b)  The Auditor General may, when in his or her

13  judgment it is necessary, designate and direct any auditor

14  employed by the Office of Government Accountability Auditor

15  General to audit any accounts or records within the authority

16  of the Office of Government Accountability Auditor General to

17  audit. The auditor shall report his or her findings for review

18  by the Auditor General, who shall prepare the audit report.

19         (c)  The audit report when final shall be a public

20  record. The audit workpapers and notes are not a public

21  record; however, those workpapers necessary to support the

22  computations in the final audit report may be made available

23  by a majority vote of the Legislative Auditing Committee after

24  a public hearing showing proper cause. The audit workpapers

25  and notes shall be retained by the Office of Government

26  Accountability Auditor General until no longer useful in his

27  or her proper functions, after which time they may be

28  destroyed.

29         (d)  At the conclusion of the audit, the Office of

30  Government Accountability's Auditor General or the Auditor

31  General's designated representative shall discuss the audit

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 1  with the official whose office is subject to audit and submit

 2  to that official a list of the Auditor General's findings

 3  which may be included in the audit report. If the official is

 4  not available for receipt of the list of audit findings, then

 5  delivery is presumed to be made when it is delivered to his or

 6  her office. The official shall submit to the Office of

 7  Government Accountability Auditor General or its the

 8  designated representative, within 30 days after the receipt of

 9  the list of findings, or within 15 days after receipt of the

10  list of findings when requested by the Office of Government

11  Accountability his or her written statement of explanation or

12  rebuttal concerning all of the findings, including corrective

13  action to be taken to preclude a recurrence of all findings.

14         (e)  The Office of Government Accountability Auditor

15  General shall provide the successor independent certified

16  public accountant of a district school board with access to

17  the prior year's working papers in accordance with the

18  Statements on Auditing Standards, including documentation of

19  planning, internal control, audit results, and other matters

20  of continuing accounting and auditing significance, such as

21  the working paper analysis of balance sheet accounts and those

22  relating to contingencies.

23         (5)  PETITION FOR AN AUDIT BY THE OFFICE OF GOVERNMENT

24  ACCOUNTABILITY AUDITOR GENERAL.--The Legislative Auditing

25  Committee shall direct the Office of Government Accountability

26  Auditor General to make an a financial audit of any

27  municipality whenever petitioned to do so by at least 20

28  percent of the registered electors in the last general

29  election of that municipality pursuant to this subsection. The

30  supervisor of elections of the county in which the

31  municipality is located shall certify whether or not the

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 1  petition contains the signatures of at least 20 percent of the

 2  registered electors of the municipality. After the completion

 3  of the audit, the Office of Government Accountability Auditor

 4  General shall determine whether the municipality has the

 5  fiscal resources necessary to pay the cost of the audit. The

 6  municipality shall pay the cost of the audit within 90 days

 7  after the Office of Government Accountability's Auditor

 8  General's determination that the municipality has the

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

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

11  certification of the Office of Government Accountability

12  Auditor General, withhold from that portion of the

13  distribution pursuant to s. 212.20(6)(d)6. which is

14  distributable to such municipality, a sum sufficient to pay

15  the cost of the audit and shall deposit that sum into the

16  General Revenue Fund of the state. A letter of intent must be

17  filed with the municipal clerk prior to any petition of the

18  electors of that municipality for the purpose of an audit. All

19  petitions shall be submitted to the Supervisor of Elections

20  with the minimum standards; Printed Name; Signature of

21  Elector; Residence Address; Date of Birth; Date Signed. All

22  petitions must be submitted for verification within 1 calendar

23  year of the audit petition origination by the municipal

24  electors.

25         (6)  REQUEST BY A LOCAL GOVERNMENTAL ENTITY FOR AN

26  AUDIT BY THE AUDITOR GENERAL.--Whenever a local governmental

27  entity requests the Office of Government Accountability

28  Auditor General to conduct an audit of all or part of its

29  operations and the Office of Government Accountability Auditor

30  General conducts the audit under his or her own authority or

31  at the direction of the Legislative Auditing Committee, the

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 1  expenses of the audit shall be paid by the local governmental

 2  entity. The Office of Government Accountability Auditor

 3  General shall estimate the cost of the audit. Fifty percent of

 4  the cost estimate shall be paid by the local governmental

 5  entity before the initiation of the audit and deposited into

 6  the General Revenue Fund of the state. After the completion of

 7  the audit, the Office of Government Accountability Auditor

 8  General shall notify the local governmental entity of the

 9  actual cost of the audit. The local governmental entity shall

10  remit the remainder of the cost of the audit to the Office of

11  Government Accountability Auditor General for deposit into the

12  General Revenue Fund of the state. If the local governmental

13  entity fails to comply with paying the remaining cost of the

14  audit, the Office of Government Accountability Auditor General

15  shall notify the Legislative Auditing Committee. The committee

16  shall proceed in accordance with s. 11.40(5).

17         (7)  OFFICE OF GOVERNMENT ACCOUNTABILITY AUDITOR

18  GENERAL REPORTING REQUIREMENTS.--

19         (a)  The Office of Government Accountability Auditor

20  General shall notify the Legislative Auditing Committee of any

21  local governmental entity, district school board, charter

22  school, or charter technical career center that does not

23  comply with the reporting requirements of s. 218.39.  The

24  committee shall proceed in accordance with s. 11.40(5).

25         (b)  The Office of Government Accountability Auditor

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

27  review all audit reports submitted pursuant to s. 218.39. The

28  Office of Government Accountability Auditor General shall

29  request any significant items that were omitted in violation

30  of a rule adopted by the Office of Government Accountability

31  Auditor General. The items must be provided within 45 days

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 1  after the date of the request. If the governmental entity does

 2  not comply with the Office of Government Accountability's

 3  Auditor General's request, the Office of Government

 4  Accountability Auditor General shall notify the Legislative

 5  Auditing Committee. The committee shall proceed in accordance

 6  with s. 11.40(5).

 7         (c)  The Office of Government Accountability Auditor

 8  General shall provide annually a list of those special

 9  districts which are not in compliance with s. 218.39 to the

10  Special District Information Program of the Department of

11  Community Affairs.

12         (d)  During the Office of Government Accountability's

13  Auditor General's review of audit reports, it he or she shall

14  contact those units of local government, as defined in s.

15  218.403, that are not in compliance with s. 218.415 and

16  request evidence of corrective action. The unit of local

17  government shall provide the Office of Government

18  Accountability Auditor General with evidence of corrective

19  action within 45 days after the date it is requested by the

20  Office of Government Accountability Auditor General.  If the

21  unit of local government fails to comply with the Office of

22  Government Accountability's Auditor General's request, the

23  Office of Government Accountability Auditor General shall

24  notify the Legislative Auditing Committee.  The committee

25  shall proceed in accordance with s. 11.40(5).

26         (e)  The Auditor General shall notify the Governor and

27  the Legislative Auditing Committee of any audit report

28  reviewed by the Office of Government Accountability Auditor

29  General pursuant to paragraph (b) which contains a statement

30  that the local governmental entity or district school board is

31  in a state of financial emergency as provided in s. 218.503.

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 1  If the Office of Government Accountability Auditor General

 2  requests a clarification regarding information included in an

 3  audit report to determine whether a local governmental entity

 4  or district school board is in a state of financial emergency,

 5  the requested clarification must be provided within 45 days

 6  after the date of the request. If the local governmental

 7  entity or district school board does not comply with the

 8  Office of Government Accountability's Auditor General's

 9  request, the Office of Government Accountability Auditor

10  General shall notify the Legislative Auditing Committee. If,

11  after obtaining the requested clarification, the Office of

12  Government Accountability Auditor General determines that the

13  local governmental entity or district school board is in a

14  state of financial emergency, it he or she shall notify the

15  Governor and the Legislative Auditing Committee.

16         (f)  The Auditor General shall annually compile and

17  transmit to the President of the Senate, the Speaker of the

18  House of Representatives, and the Legislative Auditing

19  Committee a summary of significant findings and financial

20  trends identified in audit reports reviewed in paragraph (b)

21  or otherwise identified by the Office of Government

22  Accountability's Auditor General's review of such audit

23  reports and financial information, and identified in audits of

24  district school boards conducted by the Office of Government

25  Accountability Auditor General. The Office of Government

26  Accountability Auditor General shall include financial

27  information provided pursuant to s. 218.32(1)(e) for entities

28  with fiscal years ending on or after June 30, 2003, within his

29  or her reports submitted pursuant to this paragraph.

30         (g)  If the Office of Government Accountability Auditor

31  General discovers significant errors, improper practices, or

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 1  other significant discrepancies in connection with its his or

 2  her audits of a state agency or state officer, the Auditor

 3  General shall notify the President of the Senate, the Speaker

 4  of the House of Representatives, and the Legislative Auditing

 5  Committee.  The President of the Senate and the Speaker of the

 6  House of Representatives shall promptly forward a copy of the

 7  notification to the chairs of the respective legislative

 8  committees, which in the judgment of the President of the

 9  Senate and the Speaker of the House of Representatives are

10  substantially concerned with the functions of the state agency

11  or state officer involved. Thereafter, and in no event later

12  than the 10th day of the next succeeding legislative session,

13  the person in charge of the state agency involved, or the

14  state officer involved, as the case may be, shall explain in

15  writing to the President of the Senate, the Speaker of the

16  House of Representatives, and to the Legislative Auditing

17  Committee the reasons or justifications for such errors,

18  improper practices, or other significant discrepancies and the

19  corrective measures, if any, taken by the agency.

20         (h)  The Auditor General shall transmit to the

21  President of the Senate, the Speaker of the House of

22  Representatives, and the Legislative Auditing Committee by

23  December 1 of each year a list of statutory and fiscal changes

24  recommended by the Auditor General. The Auditor General may

25  also transmit recommendations at other times of the year when

26  the information would be timely and useful for the

27  Legislature.

28         (8)  RULES OF THE OFFICE OF GOVERNMENT ACCOUNTABILITY

29  OF THE AUDITOR GENERAL.--The Office of Government

30  Accountability Auditor General, in consultation with the Board

31  of Accountancy, shall adopt rules for the form and conduct of

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 1  all financial audits performed by independent certified public

 2  accountants pursuant to ss. 215.981, 218.39, 1001.453,

 3  1004.28, and 1004.70. The rules for audits of local

 4  governmental entities and district school boards must include,

 5  but are not limited to, requirements for the reporting of

 6  information necessary to carry out the purposes of the Local

 7  Government Financial Emergencies Act as stated in s. 218.501.

 8         (9)  TECHNICAL ASSISTANCE OTHER GUIDANCE PROVIDED BY

 9  THE OFFICE OF GOVERNMENT ACCOUNTABILITY AUDITOR GENERAL.--The

10  Office of Government Accountability may provide technical

11  assistance to: Auditor General, in consultation with

12         (a)  The Department of Education, in the development of

13  shall develop a compliance supplement for the financial audit

14  of a district school board conducted by an independent

15  certified public accountant.

16         (b)  Governmental entities on their financial and

17  accounting systems, procedures, and related matters.

18         (c)  Governmental entities on promoting the building of

19  competent and efficient accounting and internal audit

20  organizations in their offices.

21         Section 5.  Section 11.47, Florida Statutes, is amended

22  to read:

23         11.47  Penalties; failure to make a proper audit or

24  examination; making a false report; failure to produce

25  documents or information.--

26         (1)  All officers whose respective offices the Auditor

27  General or the Office of Program Policy Analysis and

28  Government Accountability is authorized to audit or examine

29  shall enter into their public records sufficient information

30  for proper audit or examination, and shall make the same

31  

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 1  available to the Auditor General or the Office of Program

 2  Policy Analysis and Government Accountability on demand.

 3         (2)  The willful failure or refusal of the Auditor

 4  General, director of the Office of Program Policy Analysis and

 5  Government Accountability, or any staff employed by the

 6  Auditor General or the Office of Program Policy Analysis and

 7  Government Accountability to make a proper audit or

 8  examination in line with his or her duty, the willful making

 9  of a false report as to any audit or examination, or the

10  willful failure or refusal to report a shortage or

11  misappropriation of funds or property shall be cause for

12  removal from such office or employment, and the Auditor

13  General, the director of the Office of Program Policy Analysis

14  and Government Accountability, or a staff member shall be

15  guilty of a misdemeanor of the first degree, punishable as

16  provided in s. 775.082 or s. 775.083.

17         (3)  Any person who willfully fails or refuses to

18  furnish or produce any book, record, paper, document, data, or

19  sufficient information necessary to a proper audit or

20  examination which the Auditor General or the Office of Program

21  Policy Analysis and Government Accountability is by law

22  authorized to perform shall be guilty of a misdemeanor of the

23  first degree, punishable as provided in s. 775.082 or s.

24  775.083.

25         (4)  Any officer who willfully fails or refuses to

26  furnish or produce any book, record, paper, document, data, or

27  sufficient information necessary to a proper audit or

28  examination which the Auditor General or the Office of Program

29  Policy Analysis and Government Accountability is by law

30  authorized to perform, shall be subject to removal from

31  office.

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 1         Section 6.  Section 11.51, Florida Statutes, is

 2  repealed.

 3         Section 7.  Section 11.511, Florida Statutes, is

 4  repealed.

 5         Section 8.  Section 11.513, Florida Statutes, is

 6  amended to read:

 7         11.513  Program evaluation and justification review.--

 8         (1)  Each state agency may shall be subject to a

 9  program evaluation and justification review by the Office of

10  Program Policy Analysis and Government Accountability as

11  determined by the Legislative Auditing Committee. This review

12  shall be conducted at the discretion of the Auditor General

13  upon consultation with the Legislative Auditing Committee or

14  the Legislative Budget Commission. Each state agency shall

15  offer its complete cooperation to the Office of Program Policy

16  Analysis and Government Accountability so that such review may

17  be accomplished.

18         (2)  A state agency's inspector general, internal

19  auditor, or other person designated by the agency head must

20  shall develop, in consultation with the Office of Program

21  Policy Analysis and Government Accountability, a plan for

22  monitoring and reviewing the state agency's major programs to

23  ensure that performance data are maintained timely and

24  accurately and supported by agency records.

25         (3)  The program evaluation and justification review

26  shall be conducted on major programs, but may include other

27  programs. The review shall be comprehensive in its scope but,

28  at a minimum, must be conducted in such a manner as to

29  specifically determine the following, and to consider and

30  determine what changes, if any, are needed with respect

31  thereto:

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 1         (a)  The identifiable cost of each program.

 2         (b)  The specific purpose of each program, as well as

 3  the specific public benefit derived therefrom.

 4         (c)  Progress toward achieving the outputs and outcomes

 5  associated with each program.

 6         (d)  An explanation of circumstances contributing to

 7  the state agency's ability to achieve, not achieve, or exceed

 8  its projected outputs and outcomes, as defined in s. 216.011,

 9  associated with each program.

10         (e)  Alternate courses of action that would result in

11  administration of the same program in a more efficient or

12  effective manner. The courses of action to be considered must

13  include, but are not limited to:

14         1.  Whether the program could be organized in a more

15  efficient and effective manner, whether the program's mission,

16  goals, or objectives should be redefined, or, when the state

17  agency cannot demonstrate that its efforts have had a positive

18  effect, whether the program should be reduced in size or

19  eliminated.

20         2.  Whether the program could be administered more

21  efficiently or effectively to avoid duplication of activities

22  and ensure that activities are adequately coordinated.

23         3.  Whether the program could be performed more

24  efficiently or more effectively by another unit of government

25  or a private entity, or whether a program performed by a

26  private entity could be performed more efficiently and

27  effectively by a state agency.

28         4.  When compared to costs, whether effectiveness

29  warrants elimination of the program or, if the program serves

30  a limited interest, whether it should be redesigned to require

31  users to finance program costs.

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 1         5.  Whether the cost to administer the program exceeds

 2  license and other fee revenues paid by those being regulated.

 3         6.  Whether other changes could improve the efficiency

 4  and effectiveness of the program.

 5         (f)  The consequences of discontinuing such program. If

 6  any discontinuation is recommended, such recommendation must

 7  be accompanied by a description of alternatives to implement

 8  such recommendation, including an implementation schedule for

 9  discontinuation and recommended procedures for assisting state

10  agency employees affected by the discontinuation.

11         (g)  Determination as to public policy, which may

12  include recommendations as to whether it would be sound public

13  policy to continue or discontinue funding the program, either

14  in whole or in part, in the existing manner.

15         (h)  Whether the information reported as part of the

16  state's performance-based program budgeting system has

17  relevance and utility for the evaluation of each program.

18         (i)  Whether state agency management has established

19  control systems sufficient to ensure that performance data are

20  maintained and supported by state agency records and

21  accurately presented in state agency performance reports.

22         (4)  Upon completion of a program evaluation and

23  justification review No later than December 1 of the second

24  year following the year in which an agency begins operating

25  under a performance-based program budget, the Office of

26  Program Policy Analysis and Government Accountability shall

27  submit a report of evaluation and justification review

28  findings and recommendations to the President of the Senate,

29  the Speaker of the House of Representatives, the chairpersons

30  of the appropriate substantive committees, the chairpersons of

31  the appropriations committees, the Legislative Auditing

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 1  Committee, the Governor, the head of each state agency that

 2  was the subject of the evaluation and justification review,

 3  and the head of any state agency that is substantially

 4  affected by the findings and recommendations.

 5         (5)  The Legislature intends that the program

 6  evaluation and justification review procedure be designed to

 7  assess the efficiency, effectiveness, and long-term

 8  implications of current or alternative state policies, and

 9  that the procedure results in recommendations for the

10  improvement of such policies and state government. To that

11  end, whenever possible, all reports submitted pursuant to

12  subsection (4) must include an identification of the estimated

13  financial consequences, including any potential savings, that

14  could be realized if the recommendations or alternative

15  courses of action were implemented.

16         (6)  Evaluation and justification reviews may include

17  consideration of programs provided by other agencies which are

18  integrally related to the programs administered by the state

19  agency or entity that which is being reviewed scheduled for

20  review as determined by the Legislative Auditing Committee.

21         Section 9.  Subsection (2) of section 14.203, Florida

22  Statutes, is amended to read:

23         14.203  State Council on Competitive Government.--It is

24  the policy of this state that all state services be performed

25  in the most effective and efficient manner in order to provide

26  the best value to the citizens of the state. The state also

27  recognizes that competition among service providers may

28  improve the quality of services provided, and that

29  competition, innovation, and creativity among service

30  providers should be encouraged.

31  

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 1         (2)  There is hereby created the State Council on

 2  Competitive Government, which shall be composed of the

 3  Governor and Cabinet, sitting as the Administration Commission

 4  as defined in s. 14.202. The council, on its own initiative,

 5  or the Office of Program Policy Analysis and Government

 6  Accountability, created pursuant to s. 11.51, may identify

 7  commercial activities currently being performed by state

 8  agencies and, if it is determined that such services may be

 9  better provided by requiring competition with private sources

10  or other state agency service providers, may recommend that a

11  state agency engage in any process, including competitive

12  bidding, that creates competition with private sources or

13  other state agency service providers.

14         Section 10.  Subsections (1) and (4) of section 17.041,

15  Florida Statutes, are amended to read:

16         17.041  County and district accounts and claims.--

17         (1)  It shall be the duty of the Department of Banking

18  and Finance of this state to adjust and settle, or cause to be

19  adjusted and settled, all accounts and claims heretofore or

20  hereafter reported to it by the Office of Government

21  Accountability Auditor General, the appropriate county or

22  district official, or any person against all county and

23  district officers and employees, and against all other persons

24  entrusted with, or who may have received, any property, funds,

25  or moneys of a county or district or who may be in anywise

26  indebted to or accountable to a county or district for any

27  property, funds, moneys, or other thing of value, and to

28  require such officer, employee, or person to render full

29  accounts thereof and to yield up such property, funds, moneys,

30  or other thing of value according to law to the officer or

31  authority entitled by law to receive the same.

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 1         (4)  If Should it appears appear to the department that

 2  any criminal statute of this state has or may have been

 3  violated by such defaulting officer, employee, or person, such

 4  information, evidence, documents, and other things tending to

 5  show such a violation, whether in the hands of the

 6  Comptroller, the Office of Government Accountability Auditor

 7  General, the county, or the district, shall be forthwith

 8  turned over to the proper state attorney for inspection,

 9  study, and such action as may be deemed proper, or the same

10  may be brought to the attention of the proper grand jury.

11         Section 11.  Paragraph (g) of subsection (2) and

12  paragraphs (e), (f), and (g) of subsection (5) of section

13  20.055, Florida Statutes, are amended to read:

14         20.055  Agency inspectors general.--

15         (2)  The Office of Inspector General is hereby

16  established in each state agency to provide a central point

17  for coordination of and responsibility for activities that

18  promote accountability, integrity, and efficiency in

19  government. It shall be the duty and responsibility of each

20  inspector general, with respect to the state agency in which

21  the office is established, to:

22         (g)  Ensure effective coordination and cooperation

23  between the Office of Government Accountability Auditor

24  General, federal auditors, and other governmental bodies with

25  a view toward avoiding duplication.

26         (5)  In carrying out the auditing duties and

27  responsibilities of this act, each inspector general shall

28  review and evaluate internal controls necessary to ensure the

29  fiscal accountability of the state agency. The inspector

30  general shall conduct financial, compliance, electronic data

31  processing, and performance audits of the agency and prepare

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 1  audit reports of his or her findings. The scope and assignment

 2  of the audits shall be determined by the inspector general;

 3  however, the agency head may at any time direct the inspector

 4  general to perform an audit of a special program, function, or

 5  organizational unit. The performance of the audit shall be

 6  under the direction of the inspector general, except that if

 7  the inspector general does not possess the qualifications

 8  specified in subsection (4), the director of auditing shall

 9  perform the functions listed in this subsection.

10         (e)  The inspector general shall submit the final

11  report to the agency head and to the Office of Government

12  Accountability Auditor General.

13         (f)  The Office of Government Accountability Auditor

14  General, in connection with the independent audit postaudit of

15  the same agency pursuant to s. 11.45, shall give appropriate

16  consideration to internal audit reports and the resolution of

17  findings therein. The Legislative Auditing Committee may

18  inquire into the reasons or justifications for failure of the

19  agency head to correct the deficiencies reported in internal

20  audits that are also reported by the Office of Government

21  Accountability Auditor General and shall take appropriate

22  action.

23         (g)  The inspector general shall monitor the

24  implementation of the state agency's corrective action plan

25  prepared in accordance with s. 11.45(3). response to any

26  report on the state agency issued by the Auditor General or by

27  the Office of Program Policy Analysis and Government

28  Accountability. No later than 6 months after the Auditor

29  General or the Office of Program Policy Analysis and

30  Government Accountability publishes a report on the state

31  agency, the inspector general shall provide a written response

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 1  to the agency head on the status of corrective actions taken.

 2  The Inspector General shall file a copy of such response with

 3  the Legislative Auditing Committee.

 4         Section 12.  Subsection (6) of section 20.23, Florida

 5  Statutes, is amended to read:

 6         20.23  Department of Transportation.--There is created

 7  a Department of Transportation which shall be a decentralized

 8  agency.

 9         (6)  To facilitate the efficient and effective

10  management of the department in a businesslike manner, the

11  department shall develop a system for the submission of

12  monthly management reports to the Florida Transportation

13  Commission and secretary from the district secretaries.  The

14  commission and the secretary shall determine which reports are

15  required to fulfill their respective responsibilities under

16  this section.  A copy of each such report shall be submitted

17  monthly to the appropriations and transportation committees of

18  the Senate and the House of Representatives. Recommendations

19  made by the Office of Government Accountability Auditor

20  General in its his or her audits of the department that relate

21  to management practices, systems, or reports shall be

22  implemented in a timely manner. However, if the department

23  determines that one or more of the recommendations should be

24  altered or should not be implemented, it shall provide a

25  written explanation of such determination to the Legislative

26  Auditing Committee within 6 months after the date the

27  recommendations were published.

28         Section 13.  Paragraph (c) of subsection (12) of

29  section 24.105, Florida Statutes, is amended to read:

30         24.105  Powers and duties of department.--The

31  department shall:

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 1         (12)

 2         (c)  Any information made confidential and exempt from

 3  the provisions of s. 119.07(1) under this subsection shall be

 4  disclosed to the Auditor General, to the Office of Program

 5  Policy Analysis and Government Accountability, or to the

 6  independent auditor selected under s. 24.123 upon such

 7  person's request therefor.  If the President of the Senate or

 8  the Speaker of the House of Representatives certifies that

 9  information made confidential under this subsection is

10  necessary for effecting legislative changes, the requested

11  information shall be disclosed to him or her, and he or she

12  may disclose such information to members of the Legislature

13  and legislative staff as necessary to effect such purpose.

14         Section 14.  Paragraph (b) of subsection (7) of section

15  24.108, Florida Statutes, is amended to read:

16         24.108  Division of Security; duties; security

17  report.--

18         (7)

19         (b)  The portion of the security report containing the

20  overall evaluation of the department in terms of each aspect

21  of security shall be presented to the Governor, the President

22  of the Senate, and the Speaker of the House of

23  Representatives.  The portion of the security report

24  containing specific recommendations shall be confidential and

25  shall be presented only to the secretary, the Governor, and

26  the Office of Government Accountability Auditor General;

27  however, upon certification that such information is necessary

28  for the purpose of effecting legislative changes, such

29  information shall be disclosed to the President of the Senate

30  and the Speaker of the House of Representatives, who may

31  disclose such information to members of the Legislature and

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 1  legislative staff as necessary to effect such purpose.

 2  However, any person who receives a copy of such information or

 3  other information which is confidential pursuant to this act

 4  or rule of the department shall maintain its confidentiality.

 5  The confidential portion of the report is exempt from the

 6  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

 7  Constitution.

 8         Section 15.  Subsection (4) of section 24.120, Florida

 9  Statutes, is amended to read:

10         24.120  Financial matters; Administrative Trust Fund;

11  interagency cooperation.--

12         (4)  The department shall cooperate with the State

13  Treasurer, the Comptroller, the Auditor General, and the

14  Office of Program Policy Analysis and Government

15  Accountability by giving employees designated by any of them

16  access to facilities of the department for the purpose of

17  efficient compliance with their respective responsibilities.

18         Section 16.  Subsection (2) of section 24.123, Florida

19  Statutes, is amended to read:

20         24.123  Annual audit of financial records and

21  reports.--

22         (2)  The Office of Government Accountability Auditor

23  General may at any time conduct an audit of any phase of the

24  operations of the state lottery and shall receive a copy of

25  the yearly independent financial audit and any security report

26  prepared pursuant to s. 24.108.

27         Section 17.  Subsection (3) of section 25.075, Florida

28  Statutes, is amended to read:

29         25.075  Uniform case reporting system.--

30         (3)  The Office of Government Accountability Auditor

31  General shall audit the reports made to the Supreme Court in

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 1  accordance with the uniform system established by the Supreme

 2  Court.

 3         Section 18.  Paragraph (k) of subsection (2) of section

 4  39.202, Florida Statutes, is amended to read:

 5         39.202  Confidentiality of reports and records in cases

 6  of child abuse or neglect.--

 7         (2)  Access to such records, excluding the name of the

 8  reporter which shall be released only as provided in

 9  subsection (4), shall be granted only to the following

10  persons, officials, and agencies:

11         (k)  Any appropriate official of a Florida advocacy

12  council investigating a report of known or suspected child

13  abuse, abandonment, or neglect; the Auditor General or the

14  Office of Program Policy Analysis and Government

15  Accountability for the purpose of conducting audits or

16  examinations pursuant to law; or the guardian ad litem for the

17  child.

18         Section 19.  Subsection (2) of section 68.085, Florida

19  Statutes, is amended to read:

20         68.085  Awards to plaintiffs bringing action.--

21         (2)  If the department proceeds with an action which

22  the court finds to be based primarily on disclosures of

23  specific information, other than that provided by the person

24  bringing the action, relating to allegations or transactions

25  in a criminal, civil, or administrative hearing; a

26  legislative, administrative, inspector general, or Office of

27  Government Accountability auditor general report, hearing,

28  audit, or investigation; or from the news media, the court may

29  award such sums as it considers appropriate, but in no case

30  more than 10 percent of the proceeds recovered under a

31  judgment or received in settlement of a claim under this act,

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 1  taking into account the significance of the information and

 2  the role of the person bringing the action in advancing the

 3  case to litigation.

 4         Section 20.  Subsection (3) of section 68.087, Florida

 5  Statutes, is amended to read:

 6         68.087  Exemptions to civil actions.--

 7         (3)  No court shall have jurisdiction over an action

 8  brought under this act based upon the public disclosure of

 9  allegations or transactions in a criminal, civil, or

10  administrative hearing; in a legislative, administrative,

11  inspector general, or Office of Government Accountability

12  Auditor General, Comptroller, or Department of Banking and

13  Finance report, hearing, audit, or investigation; or from the

14  news media, unless the action is brought by the department, or

15  unless the person bringing the action is an original source of

16  the information. For purposes of this subsection, the term

17  "original source" means an individual who has direct and

18  independent knowledge of the information on which the

19  allegations are based and has voluntarily provided the

20  information to the department before filing an action under

21  this act based on the information.

22         Section 21.  Subsection (13) of section 70.20, Florida

23  Statutes, is repealed.

24         Section 22.  Subsection (1) of section 110.116, Florida

25  Statutes, is amended to read:

26         110.116  Personnel information system; payroll

27  procedures.--

28         (1)  The Department of Management Services shall

29  establish and maintain, in coordination with the payroll

30  system of the Department of Banking and Finance, a complete

31  personnel information system for all authorized and

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 1  established positions in the state service, with the exception

 2  of employees of the Legislature. The specifications shall be

 3  developed in conjunction with the payroll system of the

 4  Department of Banking and Finance and in coordination with the

 5  Office of Government Accountability Auditor General. The

 6  Department of Banking and Finance shall determine that the

 7  position occupied by each employee has been authorized and

 8  established in accordance with the provisions of s. 216.251.

 9  The Department of Management Services shall develop and

10  maintain a position numbering system that will identify each

11  established position, and such information shall be a part of

12  the payroll system of the Department of Banking and Finance.

13  With the exception of employees of the Legislature, this

14  system shall include all career service positions and those

15  positions exempted from career service provisions,

16  notwithstanding the funding source of the salary payments, and

17  information regarding persons receiving payments from other

18  sources. Necessary revisions shall be made in the personnel

19  and payroll procedures of the state to avoid duplication

20  insofar as is feasible.  A list shall be organized by budget

21  entity to show the employees or vacant positions within each

22  budget entity.  This list shall be available to the Speaker of

23  the House of Representatives and the President of the Senate

24  upon request.

25         Section 23.  Paragraph (b) of subsection (8) of section

26  112.061, Florida Statutes, is amended to read:

27         112.061  Per diem and travel expenses of public

28  officers, employees, and authorized persons.--

29         (8)  OTHER EXPENSES.--

30         (b)  Other expenses which are not specifically

31  authorized by this section may be approved by the Department

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 1  of Banking and Finance pursuant to rules adopted by it.

 2  Expenses approved pursuant to this paragraph shall be reported

 3  by the Department of Banking and Finance to the Office of

 4  Government Accountability Auditor General annually.

 5         Section 24.  Paragraphs (a) and (c) of subsection (8)

 6  of section 112.324, Florida Statutes, are amended to read:

 7         112.324  Procedures on complaints of violations; public

 8  records and meeting exemptions.--

 9         (8)  If, in cases pertaining to complaints other than

10  complaints against impeachable officers or members of the

11  Legislature, upon completion of a full and final investigation

12  by the commission, the commission finds that there has been a

13  violation of this part or of s. 8, Art. II of the State

14  Constitution, it shall be the duty of the commission to report

15  its findings and recommend appropriate action to the proper

16  disciplinary official or body as follows, and such official or

17  body shall have the power to invoke the penalty provisions of

18  this part, including the power to order the appropriate

19  elections official to remove a candidate from the ballot for a

20  violation of s. 112.3145 or s. 8(a) and (i), Art. II of the

21  State Constitution:

22         (a)  The President of the Senate and the Speaker of the

23  House of Representatives, jointly, in any case concerning the

24  Public Counsel, members of the Public Service Commission,

25  members of the Public Service Commission Nominating Council,

26  the Auditor General, the director of the Office of Program

27  Policy Analysis and Government Accountability, or members of

28  the Legislative Committee on Intergovernmental Relations.

29         (c)  The President of the Senate, in any case

30  concerning an employee of the Senate; the Speaker of the House

31  of Representatives, in any case concerning an employee of the

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 1  House of Representatives; or the President and the Speaker,

 2  jointly, in any case concerning an employee of a committee of

 3  the Legislature whose members are appointed solely by the

 4  President and the Speaker or in any case concerning an

 5  employee of the Public Counsel, Public Service Commission,

 6  Auditor General, Office of Program Policy Analysis and

 7  Government Accountability, or Legislative Committee on

 8  Intergovernmental Relations.

 9         Section 25.  Section 112.658, Florida Statutes, is

10  repealed.

11         Section 26.  Subsection (6) of section 119.07, Florida

12  Statutes, is amended to read:

13         119.07  Inspection, examination, and duplication of

14  records; exemptions.--

15         (6)  Nothing in subsection (3) or any other general or

16  special law shall limit the access of the Auditor General, the

17  Office of Program Policy Analysis and Government

18  Accountability, or any state, county, municipal, university,

19  board of community college, school district, or special

20  district internal auditor to public records when such person

21  states in writing that such records are needed for a properly

22  authorized audit, examination, or investigation. Such person

23  shall maintain the confidentiality of any public records that

24  are confidential or exempt from the provisions of subsection

25  (1) and shall be subject to the same penalties as the

26  custodians of those public records for violating

27  confidentiality.

28         Section 27.  Paragraph (b) of subsection (5) of section

29  121.051, Florida Statutes, is amended to read:

30         121.051  Participation in the system.--

31         (5)  RIGHTS LIMITED.--

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 1         (b)  A member who is convicted by a court of competent

 2  jurisdiction of causing a shortage in a public account, when

 3  such shortage is certified by the Office of Government

 4  Accountability Auditor General or a certified public

 5  accountant, may not retire or receive any benefits under this

 6  chapter so long as such shortage exists.

 7         Section 28.  Paragraph (c) of subsection (1) of section

 8  121.055, Florida Statutes, is amended to read:

 9         121.055  Senior Management Service Class.--There is

10  hereby established a separate class of membership within the

11  Florida Retirement System to be known as the "Senior

12  Management Service Class," which shall become effective

13  February 1, 1987.

14         (1)

15         (c)1.  Effective January 1, 1990, participation in the

16  Senior Management Service Class shall be compulsory for up to

17  75 nonelective positions at the level of committee staff

18  director or higher or equivalent managerial or policymaking

19  positions within the House of Representatives, as selected by

20  the Speaker of the House of Representatives, up to 50

21  nonelective positions at the level of committee staff director

22  or higher or equivalent managerial or policymaking positions

23  within the Senate, as selected by the President of the Senate,

24  all staff directors of joint committees and service offices of

25  the Legislature, the Auditor General and up to 9 managerial or

26  policymaking positions within the Office of Government

27  Accountability his or her office as selected by the Auditor

28  General, and the executive director of the Commission on

29  Ethics.

30         2.  Participation in this class shall be compulsory,

31  except as provided in subparagraph 3., for any legislative

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 1  employee who holds a position designated for coverage in the

 2  Senior Management Service Class, and such participation shall

 3  continue until the employee terminates employment in a covered

 4  position.

 5         3.  In lieu of participation in the Senior Management

 6  Service Class, at the discretion of the President of the

 7  Senate and the Speaker of the House of Representatives, such

 8  members may participate in the Senior Management Service

 9  Optional Annuity Program as established in subsection (6).

10         Section 29.  Paragraph (x) of subsection (1) of section

11  125.01, Florida Statutes, is amended to read:

12         125.01  Powers and duties.--

13         (1)  The legislative and governing body of a county

14  shall have the power to carry on county government.  To the

15  extent not inconsistent with general or special law, this

16  power includes, but is not restricted to, the power to:

17         (x)  Employ an independent certified public accounting

18  firm to audit any funds, accounts, and financial records of

19  the county and its agencies and governmental subdivisions.

20  Entities that are funded wholly or in part by the county, at

21  the discretion of the county, may be required by the county to

22  conduct a performance audit paid for by the county. An entity

23  shall not be considered as funded by the county by virtue of

24  the fact that such entity utilizes the county to collect

25  taxes, assessments, fees, or other revenue. If an independent

26  special district receives county funds pursuant to a contract

27  or interlocal agreement for the purposes of funding, in whole

28  or in part, a discrete program of the district, only that

29  program may be required by the county to undergo a performance

30  audit. Not fewer than five copies of each complete audit

31  report, with accompanying documents, shall be filed with the

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 1  clerk of the circuit court and maintained there for public

 2  inspection. The clerk shall thereupon forward one complete

 3  copy of the audit report with accompanying documents to the

 4  Office of Government Accountability Auditor General.

 5         Section 30.  Section 136.08, Florida Statutes, is

 6  amended to read:

 7         136.08  Accounts subject to examination by authorized

 8  persons.--The accounts of each and every board and the county

 9  accounts of each and every depository, mentioned or provided

10  for in this chapter, shall at all times be subject to the

11  inspection and examination by the county auditor and by the

12  Office of Government Accountability Auditor General.

13         Section 31.  Paragraph (o) of subsection (1) of section

14  154.11, Florida Statutes, is amended to read:

15         154.11  Powers of board of trustees.--

16         (1)  The board of trustees of each public health trust

17  shall be deemed to exercise a public and essential

18  governmental function of both the state and the county and in

19  furtherance thereof it shall, subject to limitation by the

20  governing body of the county in which such board is located,

21  have all of the powers necessary or convenient to carry out

22  the operation and governance of designated health care

23  facilities, including, but without limiting the generality of,

24  the foregoing:

25         (o)  To employ certified public accountants to audit

26  and analyze the records of the board and to prepare financial

27  or revenue statements of the board; however, this paragraph

28  shall not in any way affect any responsibility of the Office

29  of Government Accountability Auditor General pursuant to s.

30  11.45.

31  

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 1         Section 32.  Section 163.2526, Florida Statutes, is

 2  amended to read:

 3         163.2526  Review and evaluation.--Before the 2004

 4  Regular Session of the Legislature, the Office of Program

 5  Policy Analysis and Government Accountability shall perform a

 6  review and evaluation of ss. 163.2511-163.2526, including the

 7  financial incentives listed in s. 163.2520. The report must

 8  evaluate the effectiveness of the designation of urban infill

 9  and redevelopment areas in stimulating urban infill and

10  redevelopment and strengthening the urban core. A report of

11  the findings and recommendations of the Office of Program

12  Policy Analysis and Government Accountability shall be

13  submitted to the President of the Senate and the Speaker of

14  the House of Representatives before the 2004 Regular Session

15  of the Legislature.

16         Section 33.  Subsection (12) of section 163.3246,

17  Florida Statutes, is amended to read:

18         163.3246  Local government comprehensive planning

19  certification program.--

20         (12)  The Office of Program Policy Analysis and

21  Government Accountability shall prepare a report evaluating

22  the certification program, which shall be submitted to the

23  Governor, the President of the Senate, and the Speaker of the

24  House of Representatives by December 1, 2007.

25         Section 34.  Subsections (2) and (5) of section

26  189.4035, Florida Statutes, are amended to read:

27         189.4035  Preparation of official list of special

28  districts.--

29         (2)  The official list shall be produced by the

30  department after the department has notified each special

31  district that is currently reporting to the department, the

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 1  Department of Banking and Finance pursuant to s. 218.32, or

 2  the Office of Government Accountability Auditor General

 3  pursuant to s. 218.39.  Upon notification, each special

 4  district shall submit, within 60 days, its determination of

 5  its status.  The determination submitted by a special district

 6  shall be consistent with the status reported in the most

 7  recent local government audit of district activities submitted

 8  to the Office of Government Accountability Auditor General

 9  pursuant to s. 218.39.

10         (5)  The official list of special districts shall be

11  distributed by the department on October 1 of each year to the

12  President of the Senate, the Speaker of the House of

13  Representatives, the Office of Government Accountability

14  Auditor General, the Department of Revenue, the Department of

15  Banking and Finance, the Department of Management Services,

16  the State Board of Administration, counties, municipalities,

17  county property appraisers, tax collectors, and supervisors of

18  elections and to all interested parties who request the list.

19         Section 35.  Subsection (1) of section 189.412, Florida

20  Statutes, is amended to read:

21         189.412  Special District Information Program; duties

22  and responsibilities.--The Special District Information

23  Program of the Department of Community Affairs is created and

24  has the following special duties:

25         (1)  The collection and maintenance of special district

26  compliance status reports from the Office of Government

27  Accountability Auditor General, the Department of Banking and

28  Finance, the Division of Bond Finance of the State Board of

29  Administration, the Department of Management Services, the

30  Department of Revenue, and the Commission on Ethics for the

31  reporting required in ss. 112.3144, 112.3145, 112.3148,

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 1  112.3149, 112.63, 200.068, 218.32, 218.38, 218.39, and 280.17

 2  and chapter 121 and from state agencies administering programs

 3  that distribute money to special districts. The special

 4  district compliance status reports must consist of a list of

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

 6  which special districts did not comply with the reporting

 7  statutorily required by that agency.

 8         Section 36.  Paragraphs (f) and (g) of subsection (5)

 9  of section 189.428, Florida Statutes, are amended to read:

10         189.428  Special districts; oversight review process.--

11         (5)  Those conducting the oversight review process

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

13  evaluating the special district, but may also consider any

14  additional factors relating to the district and its

15  performance.  If any of the listed criteria do not apply to

16  the special district being reviewed, they need not be

17  considered.  The criteria to be considered by the reviewer

18  include:

19         (f)  Whether the Office of Government Accountability

20  Auditor General has notified the Legislative Auditing

21  Committee that the special district's audit report, reviewed

22  pursuant to s. 11.45(7), indicates that a deteriorating

23  financial condition exists that may cause a condition

24  described in s. 218.503(1) to occur if actions are not taken

25  to address such condition.

26         (g)  Whether the Office of Government Accountability

27  Auditor General has determined that the special district is in

28  a state of financial emergency as provided in s. 218.503(1),

29  and has notified the Governor and the Legislative Auditing

30  Committee.

31  

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 1         Section 37.  Paragraph (b) of subsection (4) of section

 2  192.0105, Florida Statutes, is amended to read:

 3         192.0105  Taxpayer rights.--There is created a Florida

 4  Taxpayer's Bill of Rights for property taxes and assessments

 5  to guarantee that the rights, privacy, and property of the

 6  taxpayers of this state are adequately safeguarded and

 7  protected during tax levy, assessment, collection, and

 8  enforcement processes administered under the revenue laws of

 9  this state. The Taxpayer's Bill of Rights compiles, in one

10  document, brief but comprehensive statements that summarize

11  the rights and obligations of the property appraisers, tax

12  collectors, clerks of the court, local governing boards, the

13  Department of Revenue, and taxpayers. Additional rights

14  afforded to payors of taxes and assessments imposed under the

15  revenue laws of this state are provided in s. 213.015. The

16  rights afforded taxpayers to assure that their privacy and

17  property are safeguarded and protected during tax levy,

18  assessment, and collection are available only insofar as they

19  are implemented in other parts of the Florida Statutes or

20  rules of the Department of Revenue. The rights so guaranteed

21  to state taxpayers in the Florida Statutes and the

22  departmental rules include:

23         (4)  THE RIGHT TO CONFIDENTIALITY.--

24         (b)  The right to limiting access to a taxpayer's

25  records by a property appraiser, the Department of Revenue,

26  and the Office of Government Accountability Auditor General

27  only to those instances in which it is determined that such

28  records are necessary to determine either the classification

29  or the value of taxable nonhomestead property (see s.

30  195.027(3)).

31  

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 1         Section 38.  Section 193.074, Florida Statutes, is

 2  amended to read:

 3         193.074  Confidentiality of returns.--All returns of

 4  property and returns required by s. 201.022 submitted by the

 5  taxpayer pursuant to law shall be deemed to be confidential in

 6  the hands of the property appraiser, the clerk of the circuit

 7  court, the department, the tax collector, the Auditor General,

 8  and the Office of Program Policy Analysis and Government

 9  Accountability, and their employees and persons acting under

10  their supervision and control, except upon court order or

11  order of an administrative body having quasi-judicial powers

12  in ad valorem tax matters, and such returns are exempt from

13  the provisions of s. 119.07(1).

14         Section 39.  Paragraph (a) of subsection (2) of section

15  193.1142, Florida Statutes, is amended to read:

16         193.1142  Approval of assessment rolls.--

17         (2)(a)  The executive director or his or her designee

18  shall disapprove all or part of any assessment roll of any

19  county not in full compliance with the administrative order of

20  the executive director issued pursuant to the notice called

21  for in s. 195.097 and shall otherwise disapprove all or any

22  part of any roll not assessed in substantial compliance with

23  law, as disclosed during the investigation by the department,

24  including, but not limited to, audits by the Department of

25  Revenue and Office of Government Accountability Auditor

26  General establishing noncompliance.

27         Section 40.  Subsections (3) and (6) of section

28  195.027, Florida Statutes, are amended to read:

29         195.027  Rules and regulations.--

30         (3)  The rules and regulations shall provide procedures

31  whereby the property appraiser, the Department of Revenue, and

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 1  the Office of Government Accountability Auditor General shall

 2  be able to obtain access, where necessary, to financial

 3  records relating to nonhomestead property which records are

 4  required to make a determination of the proper assessment as

 5  to the particular property in question.  Access to a

 6  taxpayer's records shall be provided only in those instances

 7  in which it is determined that such records are necessary to

 8  determine either the classification or the value of the

 9  taxable nonhomestead property.  Access shall be provided only

10  to those records which pertain to the property physically

11  located in the taxing county as of January 1 of each year and

12  to the income from such property generated in the taxing

13  county for the year in which a proper assessment is made.  All

14  records produced by the taxpayer under this subsection shall

15  be deemed to be confidential in the hands of the property

16  appraiser, the department, the tax collector, and the Office

17  of Government Accountability Auditor General and shall not be

18  divulged to any person, firm, or corporation, except upon

19  court order or order of an administrative body having

20  quasi-judicial powers in ad valorem tax matters, and such

21  records are exempt from the provisions of s. 119.07(1).

22         (6)  The fees and costs of the sale or purchase and

23  terms of financing shall be presumed to be usual unless the

24  buyer or seller or agent thereof files a form which discloses

25  the unusual fees, costs, and terms of financing. Such form

26  shall be filed with the clerk of the circuit court at the time

27  of recording.  The rules and regulations shall prescribe an

28  information form to be used for this purpose.  Either the

29  buyer or the seller or the agent of either shall complete the

30  information form and certify that the form is accurate to the

31  best of his or her knowledge and belief.  The information form

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 1  shall be confidential in the hands of all persons after

 2  delivery to the clerk, except that the Department of Revenue

 3  and the Office of Government Accountability Auditor General

 4  shall have access to it in the execution of their official

 5  duties, and such form is exempt from the provisions of s.

 6  119.07(1).  The information form may be used in any judicial

 7  proceeding, upon a motion to produce duly made by any party to

 8  such proceedings.  Failure of the clerk to obtain an

 9  information form with the recording shall not impair the

10  validity of the recording or the conveyance. The form shall

11  provide for a notation by the clerk indicating the book and

12  page number of the conveyance in the official record books of

13  the county.  The clerk shall promptly deliver all information

14  forms received to the property appraiser for his or her

15  custody and use.

16         Section 41.  Section 195.084, Florida Statutes, is

17  amended to read:

18         195.084  Information exchange.--

19         (1)  The department shall adopt promulgate rules and

20  regulations for the exchange of information among the

21  department, the property appraisers' offices, the tax

22  collector, the Auditor General, and the Office of Program

23  Policy Analysis and Government Accountability.  All records

24  and returns of the department useful to the property appraiser

25  or the tax collector shall be made available upon request but

26  subject to the reasonable conditions imposed by the

27  department.  This section shall supersede statutes prohibiting

28  disclosure only with respect to the property appraiser, the

29  tax collector, the Auditor General, and the Office of Program

30  Policy Analysis and Government Accountability, but the

31  department may establish regulations setting reasonable

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 1  conditions upon the access to and custody of such information.

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

 3  Government Accountability, the tax collectors, and the

 4  property appraisers shall be bound by the same requirements of

 5  confidentiality as the Department of Revenue. Breach of

 6  confidentiality shall be a misdemeanor of the first degree,

 7  punishable as provided by ss. 775.082 and 775.083.

 8         (2)  All of the records of property appraisers and

 9  collectors, including, but not limited to, worksheets and

10  property record cards, shall be made available to the

11  Department of Revenue, the Auditor General, and the Office of

12  Program Policy Analysis and Government Accountability.

13  Property appraisers and collectors are hereby directed to

14  cooperate fully with representatives of the Department of

15  Revenue, the Auditor General, and the Office of Program Policy

16  Analysis and Government Accountability in realizing the

17  objectives stated in s. 195.0012.

18         Section 42.  Paragraph (c) of subsection (4) of section

19  196.101, Florida Statutes, is amended to read:

20         196.101  Exemption for totally and permanently disabled

21  persons.--

22         (4)

23         (c)  The department shall require by rule that the

24  taxpayer annually submit a sworn statement of gross income,

25  pursuant to paragraph (a).  The department shall require that

26  the filing of such statement be accompanied by copies of

27  federal income tax returns for the prior year, wage and

28  earnings statements (W-2 forms), and other documents it deems

29  necessary, for each member of the household. The taxpayer's

30  statement shall attest to the accuracy of such copies.  The

31  department shall prescribe and furnish a form to be used for

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 1  this purpose which form shall include spaces for a separate

 2  listing of United States Department of Veterans Affairs

 3  benefits and social security benefits.  All records produced

 4  by the taxpayer under this paragraph are confidential in the

 5  hands of the property appraiser, the department, the tax

 6  collector, the Auditor General, and the Office of Program

 7  Policy Analysis and Government Accountability and shall not be

 8  divulged to any person, firm, or corporation except upon court

 9  order or order of an administrative body having quasi-judicial

10  powers in ad valorem tax matters, and such records are exempt

11  from the provisions of s. 119.07(1).

12         Section 43.  Subsection (6) of section 213.053, Florida

13  Statutes, is amended to read:

14         213.053  Confidentiality and information sharing.--

15         (6)  Any information received by the Department of

16  Revenue in connection with the administration of taxes,

17  including, but not limited to, information contained in

18  returns, reports, accounts, or declarations filed by persons

19  subject to tax, shall be made available by the department to

20  the Auditor General or his or her authorized agent, the

21  director of the Office of Program Policy Analysis and

22  Government Accountability or his or her authorized agent, the

23  Comptroller or his or her authorized agent, the Insurance

24  Commissioner or his or her authorized agent, the Treasurer or

25  his or her authorized agent, or a property appraiser or tax

26  collector or their authorized agents pursuant to s.

27  195.084(1), in the performance of their official duties, or to

28  designated employees of the Department of Education solely for

29  determination of each school district's price level index

30  pursuant to s. 1011.62(2); however, no information shall be

31  disclosed to the Auditor General or his or her authorized

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 1  agent, the director of the Office of Program Policy Analysis

 2  and Government Accountability or his or her authorized agent,

 3  the Comptroller or his or her authorized agent, the Insurance

 4  Commissioner or his or her authorized agent, the Treasurer or

 5  his or her authorized agent, or to a property appraiser or tax

 6  collector or their authorized agents, or to designated

 7  employees of the Department of Education if such disclosure is

 8  prohibited by federal law. The Auditor General or his or her

 9  authorized agent, the director of the Office of Program Policy

10  Analysis and Government Accountability or his or her

11  authorized agent, the Comptroller or his or her authorized

12  agent, the Treasurer or his or her authorized agent, and the

13  property appraiser or tax collector and their authorized

14  agents, or designated employees of the Department of Education

15  shall be subject to the same requirements of confidentiality

16  and the same penalties for violation of the requirements as

17  the department. For the purpose of this subsection,

18  "designated employees of the Department of Education" means

19  only those employees directly responsible for calculation of

20  price level indices pursuant to s. 1011.62(2). It does not

21  include the supervisors of such employees or any other

22  employees or elected officials within the Department of

23  Education.

24         Section 44.  Subsection (6) of section 215.44, Florida

25  Statutes, is repealed.

26         Section 45.  Subsection (3) of section 215.93, Florida

27  Statutes, is amended to read:

28         215.93  Florida Financial Management Information

29  System.--

30         (3)  The Florida Financial Management Information

31  System shall include financial management data and utilize the

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 1  chart of accounts approved by the Comptroller.  Common

 2  financial management data shall include, but not be limited

 3  to, data codes, titles, and definitions used by one or more of

 4  the functional owner subsystems.  The Florida Financial

 5  Management Information System shall utilize common financial

 6  management data codes.  The council shall recommend and the

 7  board shall adopt policies regarding the approval and

 8  publication of the financial management data.  The Comptroller

 9  shall adopt policies regarding the approval and publication of

10  the chart of accounts.  The Comptroller's chart of accounts

11  shall be consistent with the common financial management data

12  codes established by the coordinating council.  Further, all

13  systems not a part of the Florida Financial Management

14  Information System which provide information to the system

15  shall use the common data codes from the Florida Financial

16  Management Information System and the Comptroller's chart of

17  accounts. Data codes that cannot be supplied by the Florida

18  Financial Management Information System and the Comptroller's

19  chart of accounts and that are required for use by the

20  information subsystems shall be approved by the board upon

21  recommendation of the coordinating council. However, board

22  approval shall not be required for those data codes specified

23  by the Office of Government Accountability Auditor General

24  under the provisions of s. 215.94(6)(c).

25         Section 46.  Subsections (6) and (7) of section 215.94,

26  Florida Statutes, are amended to read:

27         215.94  Designation, duties, and responsibilities of

28  functional owners.--

29         (6)(a)  The Office of Government Accountability Auditor

30  General shall be advised by the functional owner of each

31  information subsystem as to the date that the development or

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 1  significant modification of its functional system

 2  specifications is to begin.

 3         (b)  Upon such notification, the Office of Government

 4  Accountability Auditor General shall participate with each

 5  functional owner to the extent necessary to provide assurance

 6  that:

 7         1.  The accounting information produced by the

 8  information subsystem adheres to generally accepted accounting

 9  principles.

10         2.  The information subsystem contains the necessary

11  controls to maintain its integrity, within acceptable limits

12  and at an acceptable cost.

13         3.  The information subsystem is auditable.

14         (c)  The Office of Government Accountability Auditor

15  General shall specify those additional features,

16  characteristics, controls, and internal control measures

17  deemed necessary to carry out the provisions of this

18  subsection. Further, it shall be the responsibility of each

19  functional owner to install and incorporate such specified

20  features, characteristics, controls, and internal control

21  measures within each information subsystem.

22         (7)  The Office of Government Accountability Auditor

23  General shall provide to the board and the coordinating

24  council the findings and recommendations of any audit

25  regarding the provisions of ss. 215.90-215.96.

26         Section 47.  Subsections (2), (5), (6), (7), (8), (9),

27  and (10) of section 215.97, Florida Statutes, are amended to

28  read:

29         215.97  Florida Single Audit Act.--

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

31  

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 1         (a)  "Audit threshold" means the amount to use in

 2  determining when a state single audit of a nonstate entity

 3  shall be conducted in accordance with this section. Each

 4  nonstate entity that expends a total amount of state financial

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

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

 7  single audit for such fiscal year in accordance with the

 8  requirements of this section. Every 2 years the Office of

 9  Government Accountability Auditor General, after consulting

10  with the Executive Office of the Governor, the Comptroller,

11  and all state agencies that provide state financial assistance

12  to nonstate entities, shall review the amount for requiring

13  audits under this section and may adjust such dollar amount

14  consistent with the purpose of this section.

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

16  as stated in the rules of the Office of Government

17  Accountability Auditor General as applicable to for-profit

18  organizations, nonprofit organizations, or local governmental

19  entities.

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

21  comprehensive listing of state projects. The Catalog of State

22  Financial Assistance shall be issued by the Executive Office

23  of the Governor after conferring with the Comptroller and all

24  state agencies that provide state financial assistance to

25  nonstate entities. The Catalog of State Financial Assistance

26  shall include for each listed state project: the responsible

27  state agency; standard state project number identifier;

28  official title; legal authorization; and description of the

29  state project, including objectives, restrictions, application

30  and awarding procedures, and other relevant information

31  determined necessary.

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 1         (d)  "Financial reporting package" means the nonstate

 2  entities' financial statements, Schedule of State Financial

 3  Assistance, auditor's reports, management letter, auditor's

 4  written responses or corrective action plan, correspondence on

 5  followup of prior years' corrective actions taken, and such

 6  other information determined by the Office of Government

 7  Accountability Auditor General to be necessary and consistent

 8  with the purposes of this section.

 9         (e)  "Federal financial assistance" means financial

10  assistance from federal sources passed through the state and

11  provided to nonstate entities to carry out a federal program.

12  "Federal financial assistance" includes all types of federal

13  assistance as defined in applicable United States Office of

14  Management and Budget circulars.

15         (f)  "For-profit organization" means any organization

16  or sole proprietor but is not a local governmental entity or a

17  nonprofit organization.

18         (g)  "Independent auditor" means an external state or

19  local government auditor or a certified public accountant who

20  meets the independence standards.

21         (h)  "Internal control over state projects" means a

22  process, effected by an entity's management and other

23  personnel, designed to provide reasonable assurance regarding

24  the achievement of objectives in the following categories:

25         1.  Effectiveness and efficiency of operations.

26         2.  Reliability of financial operations.

27         3.  Compliance with applicable laws and regulations.

28         (i)  "Local governmental entity" means a county agency,

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

30  than a district school board or community college), however

31  

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 1  styled, which independently exercises any type of governmental

 2  function.

 3         (j)  "Major state project" means any state project

 4  meeting the criteria as stated in the rules of the Executive

 5  Office of the Governor. Such criteria shall be established

 6  after consultation with the Comptroller and appropriate state

 7  agencies that provide state financial assistance and shall

 8  consider the amount of state project expenditures or expenses

 9  or inherent risks. Each major state project shall be audited

10  in accordance with the requirements of this section.

11         (k)  "Nonprofit organization" means any corporation,

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

13         1.  Is operated primarily for scientific, educational

14  service, charitable, or similar purpose in the public

15  interest;

16         2.  Is not organized primarily for profit;

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

18  the operations of the organization; and

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

20  to its members, directors, or officers.

21         (l)  "Nonstate entity" means a local governmental

22  entity, nonprofit organization, or for-profit organization

23  that receives state resources.

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

25  state financial assistance directly from a state awarding

26  agency.

27         (n)  "Schedule of State Financial Assistance" means a

28  document prepared in accordance with the rules of the

29  Comptroller and included in each financial reporting package

30  required by this section.

31  

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 1         (o)  "State awarding agency" means the state agency

 2  that provided state financial assistance to the nonstate

 3  entity.

 4         (p)  "State financial assistance" means financial

 5  assistance from state resources, not including federal

 6  financial assistance and state matching, provided to nonstate

 7  entities to carry out a state project. "State financial

 8  assistance" includes all types of state assistance as stated

 9  in the rules of the Executive Office of the Governor

10  established in consultation with the Comptroller and

11  appropriate state agencies that provide state financial

12  assistance. It includes state financial assistance provided

13  directly by state awarding agencies or indirectly by

14  recipients of state awards or subrecipients. It does not

15  include procurement contracts used to buy goods or services

16  from vendors. Audits of such procurement contracts with

17  vendors are outside of the scope of this section. Also, audits

18  of contracts to operate state-government-owned and

19  contractor-operated facilities are excluded from the audit

20  requirements of this section.

21         (q)  "State matching" means state resources provided to

22  nonstate entities to be used to meet federal financial

23  participation matching requirements of federal programs.

24         (r)  "State project" means all state financial

25  assistance to a nonstate entity assigned a single state

26  project number identifier in the Catalog of State Financial

27  Assistance.

28         (s)  "State Projects Compliance Supplement" means a

29  document issued by the Executive Office of the Governor, in

30  consultation with the Comptroller and all state agencies that

31  provide state financial assistance. The State Projects

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 1  Compliance Supplement shall identify state projects, the

 2  significant compliance requirements, eligibility requirements,

 3  matching requirements, suggested audit procedures, and other

 4  relevant information determined necessary.

 5         (t)  "State project-specific audit" means an audit of

 6  one state project performed in accordance with the

 7  requirements of subsection (9).

 8         (u)  "State single audit" means an audit of a nonstate

 9  entity's financial statements and state financial assistance.

10  Such audits shall be conducted in accordance with the auditing

11  standards as stated in the rules of the Office of Government

12  Accountability Auditor General.

13         (v)  "Subrecipient" means a nonstate entity that

14  receives state financial assistance through another nonstate

15  entity.

16         (w)  "Vendor" means a dealer, distributor, merchant, or

17  other seller providing goods or services that are required for

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

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

20  of the state project.

21         (5)  Each state awarding agency shall:

22         (a)  Provide to a recipient information needed by the

23  recipient to comply with the requirements of this section,

24  including:

25         1.  The audit and accountability requirements for state

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

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

28  and rules of the Office of Government Accountability Auditor

29  General.

30         2.  Information from the Catalog of State Financial

31  Assistance, including the standard state project number

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 1  identifier; official title; legal authorization; and

 2  description of the state project including objectives,

 3  restrictions, and other relevant information determined

 4  necessary.

 5         3.  Information from the State Projects Compliance

 6  Supplement, including the significant compliance requirements,

 7  eligibility requirements, matching requirements, suggested

 8  audit procedures, and other relevant information determined

 9  necessary.

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

11  state financial assistance, to allow the state awarding

12  agency, the Comptroller, and the Office of Government

13  Accountability Auditor General access to the recipient's

14  records and the recipient's independent auditor's working

15  papers as necessary for complying with the requirements of

16  this section.

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

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

19  arrange for the conduct of additional audits or evaluations of

20  state financial assistance or limit the authority of any state

21  agency inspector general, the Office of Government

22  Accountability Auditor General, or any other state official.

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

24  package prepared in accordance with the requirement of this

25  section.

26         (e)  Review the recipient financial reporting package,

27  including the management letters and corrective action plans,

28  to the extent necessary to determine whether timely and

29  appropriate corrective action has been taken with respect to

30  audit findings and recommendations pertaining to state

31  financial assistance provided by the state agency.

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 1         (6)  As a condition of receiving state financial

 2  assistance, each recipient that provides state financial

 3  assistance to a subrecipient shall:

 4         (a)  Provide to a subrecipient information needed by

 5  the subrecipient to comply with the requirements of this

 6  section, including:

 7         1.  Identification of the state awarding agency.

 8         2.  The audit and accountability requirements for state

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

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

11  and rules of the Office of Government Accountability Auditor

12  General.

13         3.  Information from the Catalog of State Financial

14  Assistance, including the standard state project number

15  identifier; official title; legal authorization; and

16  description of the state project, including objectives,

17  restrictions, and other relevant information.

18         4.  Information from the State Projects Compliance

19  Supplement including the significant compliance requirements,

20  eligibility requirements, matching requirements, and suggested

21  audit procedures, and other relevant information determined

22  necessary.

23         (b)  Review the subrecipient audit reports, including

24  the management letters, to the extent necessary to determine

25  whether timely and appropriate corrective action has been

26  taken with respect to audit findings and recommendations

27  pertaining to state financial assistance provided by the state

28  agency.

29         (c)  Perform such other procedures as specified in

30  terms and conditions of the written agreement with the state

31  awarding agency including any required monitoring of the

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 1  subrecipient's use of state financial assistance through

 2  onsite visits, limited scope audits, or other specified

 3  procedures.

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

 5  state financial assistance, to permit the independent auditor

 6  of the recipient, the state awarding agency, the Comptroller,

 7  and the Office of Government Accountability Auditor General

 8  access to the subrecipient's records and the subrecipient's

 9  independent auditor's working papers as necessary to comply

10  with the requirements of this section.

11         (7)  Each recipient or subrecipient of state financial

12  assistance shall comply with the following:

13         (a)  Each nonstate entity that receives state financial

14  assistance and meets audit threshold requirements, in any

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

16  the Office of Government Accountability Auditor General, shall

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

18  accordance with the requirements of this act and with

19  additional requirements established in rules of the Executive

20  Office of the Governor, rules of the Comptroller, and rules of

21  the Office of Government Accountability Auditor General. If

22  only one state project is involved in a nonstate entity's

23  fiscal year, the nonstate entity may elect to have only a

24  state project-specific audit of the state project for that

25  fiscal year.

26         (b)  Each nonstate entity that receives state financial

27  assistance and does not meet the threshold requirements, in

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

29  or the rules of the Office of Government Accountability

30  Auditor General is exempt for such fiscal year from the state

31  single audit requirements of this section. However, such

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 1  nonstate entity must meet terms and conditions specified in

 2  the written agreement with the state awarding agency.

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

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

 5  nonstate entity from compliance with provisions of law

 6  relating to maintaining records concerning state financial

 7  assistance to such nonstate entity or allowing access and

 8  examination of those records by the state awarding agency, the

 9  Comptroller, or the Office of Government Accountability

10  Auditor General.

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

12  performed annually.

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

14  conducted by independent auditors in accordance with auditing

15  standards as stated in rules of the Office of Government

16  Accountability Auditor General.

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

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

19  shall be filed with the state awarding agency and the Office

20  of Government Accountability Auditor General. Upon completion

21  of the audit as required by this section, a copy of the

22  subrecipient's financial reporting package shall be filed with

23  the recipient that provided the state financial assistance.

24  The financial reporting package shall be filed in accordance

25  with the rules of the Auditor General.

26         (g)  All financial reporting packages prepared pursuant

27  to the requirements of this section shall be available for

28  public inspection.

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

30  discloses any significant audit findings relating to state

31  financial assistance, including material noncompliance with

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 1  individual state project compliance requirements or reportable

 2  conditions in internal controls of the nonstate entity, the

 3  nonstate entity shall submit as part of the audit package to

 4  the state awarding agency a plan for corrective action to

 5  eliminate such audit findings or a statement describing the

 6  reasons that corrective action is not necessary.

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

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

 9  federal Single Audit Act and other federal laws and

10  regulations. To the extent that such federally required audits

11  provide the state awarding agency with information it requires

12  to carry out its responsibilities under state law or other

13  guidance, a state agency shall rely upon and use that

14  information.

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

16  pursuant to this section is allowable charges to state

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

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

19  audit requirements of this section in relation to other audit

20  requirements. The nonstate entity should allocate such

21  incremental costs to all state projects for which it expended

22  state financial assistance.

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

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

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

26  nonstate entity fails to have an audit conducted consistent

27  with this section, state awarding agencies may take

28  appropriate corrective action to enforce compliance.

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

30  agency from including terms and conditions in the written

31  agreement which require additional assurances that state

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 1  financial assistance meets the applicable requirements of

 2  laws, regulations, and other compliance rules.

 3         (m)  A state awarding agency that provides state

 4  financial assistance to nonstate entities and conducts or

 5  arranges for audits of state financial assistance that are in

 6  addition to the audits conducted under this act shall,

 7  consistent with other applicable law, arrange for funding the

 8  full cost of such additional audits.

 9         (8)  The independent auditor when conducting a state

10  single audit of recipients or subrecipients shall:

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

12  statements are presented fairly in all material respects in

13  conformity with generally accepted accounting principles.

14         (b)  Determine whether state financial assistance shown

15  on the Schedule of State Financial Assistance is presented

16  fairly in all material respects in relation to the nonstate

17  entity's financial statements taken as a whole.

18         (c)  With respect to internal controls pertaining to

19  each major state project:

20         1.  Obtain an understanding of internal controls;

21         2.  Assess control risk;

22         3.  Perform tests of controls unless the controls are

23  deemed to be ineffective; and

24         4.  Determine whether the nonstate entity has internal

25  controls in place to provide reasonable assurance of

26  compliance with the provisions of laws and rules pertaining to

27  state financial assistance that have a material effect on each

28  major state project.

29         (d)  Determine whether each major state project

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

31  identified in the State Projects Compliance Supplement, or

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 1  otherwise identified by the state awarding agency, which have

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

 3  state projects are less than 50 percent of the nonstate

 4  entity's total expenditures for all state financial

 5  assistance, the auditor shall select and test additional state

 6  projects as major state projects as necessary to achieve audit

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

 8  state financial assistance provided to the nonstate entity.

 9  Additional state projects needed to meet the 50-percent

10  requirement may be selected on an inherent risk basis as

11  stated in the rules of the Executive Office of the Governor.

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

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

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

15  and rules of the Office of Government Accountability Auditor

16  General. Audit reports shall include summaries of the

17  auditor's results regarding the nonstate entity's financial

18  statements; Schedule of State Financial Assistance; internal

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

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

21  rules of the Office of Government Accountability Auditor

22  General.

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

24  available the working papers relating to the audit conducted

25  pursuant to the requirements of this section to the state

26  awarding agency, the Comptroller, or the Office of Government

27  Accountability Auditor General for review or copying.

28         (9)  The independent auditor, when conducting a state

29  project-specific audit of recipients or subrecipients, shall:

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

31  of state financial assistance is presented fairly in all

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 1  material respects in conformity with stated accounting

 2  policies.

 3         (b)  Obtain an understanding of internal control and

 4  perform tests of internal control over the state project

 5  consistent with the requirements of a major state project.

 6         (c)  Determine whether or not the auditor has complied

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

 8  identified in the State Projects Compliance Supplement, or

 9  otherwise identified by the state awarding agency, which could

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

11         (d)  Report on the results of a state project-specific

12  audit consistent with the requirements of the state single

13  audit and issue a management letter as prescribed in the rules

14  of the Office of Government Accountability Auditor General.

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

16  available the working papers relating to the audit conducted

17  pursuant to the requirements of this section to the state

18  awarding agency, the Comptroller, or the Office of Government

19  Accountability Auditor General for review or copying.

20         (10)  The Office of Government Accountability Auditor

21  General shall:

22         (a)  Have the authority to audit state financial

23  assistance provided to any nonstate entity when determined

24  necessary by the Auditor General or when directed by the

25  Legislative Auditing Committee.

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

27  independent auditors are to follow for audits of nonstate

28  entities required by this section.

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

30  filing deadlines for the financial reporting package.

31  

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 1         (d)  Provide technical advice upon request of the

 2  Comptroller, Executive Office of the Governor, and state

 3  agencies relating to financial reporting and audit

 4  responsibilities contained in this section.

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

 6  package prepared in accordance with the requirements of this

 7  section.

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

 9  reporting packages filed pursuant to the requirements of this

10  section to determine compliance with the reporting

11  requirements of this section and applicable rules of the

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

13  and rules of the Office of Government Accountability Auditor

14  General.

15         Section 48.  Subsection (1) of section 215.981, Florida

16  Statutes, is amended to read:

17         215.981  Audits of state agency direct-support

18  organizations and citizen support organizations.--

19         (1)  Each direct-support organization and each citizen

20  support organization, created or authorized pursuant to law,

21  and created, approved, or administered by a state agency,

22  other than a university, district board of trustees of a

23  community college, or district school board, shall provide for

24  an annual financial audit of its financial statements in order

25  to express an opinion on the fairness with which they are

26  presented in conformity with generally accepted accounting

27  principles. The audit is accounts and and records to be

28  conducted by an independent certified public accountant in

29  accordance with rules adopted by the Office of Government

30  Accountability Auditor General pursuant to s. 11.45 s.

31  11.45(8) and the state agency that created, approved, or

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 1  administers the direct-support organization or citizen support

 2  organization. The audit report shall be submitted within 9

 3  months after the end of the fiscal year to the Office of

 4  Government Accountability Auditor General and to the state

 5  agency responsible for creation, administration, or approval

 6  of the direct-support organization or citizen support

 7  organization. Such state agency, the Auditor General, and the

 8  Office of Program Policy Analysis and Government

 9  Accountability shall have the authority to require and receive

10  from the organization or from the independent auditor any

11  records relative to the operation of the organization.

12         Section 49.  Subsections (5) and (12) of section

13  216.023, Florida Statutes, are amended to read:

14         216.023  Legislative budget requests to be furnished to

15  Legislature by agencies.--

16         (5)  Prior to September 15 of the fiscal year prior to

17  which the judicial branch is required to submit a

18  performance-based program budget request, the Chief Justice of

19  the Supreme Court shall identify and, after consultation with

20  the Office of Program Policy Analysis and Government

21  Accountability, submit to the President of the Senate and the

22  Speaker of the House of Representatives a list of proposed

23  programs and associated performance measures. The judicial

24  branch shall provide documentation to accompany the list of

25  proposed programs and performance measures as provided under

26  subsection (4). The judicial branch shall submit a

27  performance-based program agency budget request using the

28  programs and performance measures adopted by the Legislature.

29  The Chief Justice may propose revisions to approved programs

30  or performance measures for the judicial branch. The

31  Legislature shall have final approval of all programs and

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 1  associated performance measures and standards for the judicial

 2  branch through the General Appropriations Act or legislation

 3  implementing the General Appropriations Act. By September 15,

 4  2001, the Chief Justice of the Supreme Court shall submit to

 5  the President of the Senate and the Speaker of the House of

 6  Representatives a performance-based program budget request for

 7  programs of the judicial branch approved by the Legislature

 8  and provide a copy to the Executive Office of the Governor.

 9         (12)  The legislative budget request from each agency

10  and from the judicial branch shall be reviewed by the

11  Legislature. The review may allow for the opportunity to have

12  information or testimony by the agency, the judicial branch,

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

14  Government Accountability, the Governor's Office of Planning

15  and Budgeting, and the public regarding the proper level of

16  funding for the agency in order to carry out its mission.

17         Section 50.  Paragraph (a) of subsection (3) of section

18  216.102, Florida Statutes, is amended to read:

19         216.102  Filing of financial information; handling by

20  Comptroller; penalty for noncompliance.--

21         (3)  The Comptroller shall:

22         (a)  Prepare and furnish to the Office of Government

23  Accountability Auditor General annual financial statements for

24  the state on or before December 31 of each year, using

25  generally accepted accounting principles.

26  

27  The Comptroller may furnish and publish in electronic form the

28  financial statements and the comprehensive annual financial

29  report required under paragraphs (a), (b), and (c).

30         Section 51.  Subsection (2) of section 216.141, Florida

31  Statutes, is amended to read:

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 1         216.141  Budget system procedures; planning and

 2  programming by state agencies.--

 3         (2)  The Florida Management Information Board shall

 4  notify the Office of Government Accountability Auditor General

 5  of any changes or modifications to the Florida Financial

 6  Management Information System and its functional owner

 7  information subsystems.

 8         Section 52.  Paragraph (f) of subsection (2) and

 9  subsection (4) of section 216.163, Florida Statutes, are

10  amended to read:

11         216.163  Governor's recommended budget; form and

12  content; declaration of collective bargaining impasses.--

13         (2)  The Governor's recommended budget shall also

14  include:

15         (f)  The Governor's recommendations for high-risk

16  information technology projects which should be subject to

17  monitoring under s. 282.322. These recommendations shall

18  include proviso language which specifies whether funds are

19  specifically provided to contract for project monitoring, or

20  whether the Office of Government Accountability Auditor

21  General will conduct such project monitoring. When funds are

22  recommended for contracting with a project monitor, such funds

23  may equal 1 percent to 5 percent of the project's estimated

24  total costs. These funds shall be specifically appropriated

25  and nonrecurring.

26         (4)  The Executive Office of the Governor shall review

27  the findings of the Office of Program Policy Analysis and

28  Government Accountability, to the extent they are available,

29  request any reports or additional analyses as necessary, and

30  submit a recommendation for executive agencies, which may

31  include a recommendation regarding incentives or disincentives

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 1  for agency performance. Incentives or disincentives may apply

 2  to all or part of a state agency. The Chief Justice shall

 3  review the findings of the Office of Program Policy Analysis

 4  and Government Accountability regarding judicial branch

 5  performance and make appropriate recommendations for the

 6  judicial branch.

 7         (a)  Incentives may include, but are not limited to:

 8         1.  Additional flexibility in budget management, such

 9  as, but not limited to, the use of lump sums or special

10  categories; consolidation of budget entities or program

11  components; consolidation of appropriation categories; and

12  increased agency transfer authority between appropriation

13  categories or budget entities.

14         2.  Additional flexibility in salary rate and position

15  management.

16         3.  Retention of up to 50 percent of all unencumbered

17  balances of appropriations as of June 30, or undisbursed

18  balances as of December 31, excluding special categories and

19  grants and aids, which may be used for nonrecurring purposes

20  including, but not limited to, lump-sum bonuses, employee

21  training, or productivity enhancements, including technology

22  and other improvements.

23         4.  Additional funds to be used for, but not limited

24  to, lump-sum bonuses, employee training, or productivity

25  enhancements, including technology and other improvements.

26         5.  Additional funds provided pursuant to law to be

27  released to an agency quarterly or incrementally contingent

28  upon the accomplishment of units of output or outcome

29  specified in the General Appropriations Act.

30         (b)  Disincentives may include, but are not limited to:

31  

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 1         1.  Mandatory quarterly reports to the Executive Office

 2  of the Governor and the Legislature on the agency's progress

 3  in meeting performance standards.

 4         2.  Mandatory quarterly appearances before the

 5  Legislature, the Governor, or the Governor and Cabinet to

 6  report on the agency's progress in meeting performance

 7  standards.

 8         3.  Elimination or restructuring of the program, which

 9  may include, but not be limited to, transfer of the program or

10  outsourcing all or a portion of the program.

11         4.  Reduction of total positions for a program.

12         5.  Restriction on or reduction of the spending

13  authority provided in s. 216.292(2).

14         6.  Reduction of managerial salaries.

15         Section 53.  Subsection (1) of section 216.177, Florida

16  Statutes, is amended to read:

17         216.177  Appropriations acts, statement of intent,

18  violation, notice, review and objection procedures.--

19         (1)  When an appropriations act is delivered to the

20  Governor after the Legislature has adjourned sine die, as soon

21  as practicable, but no later than the 10th day before the end

22  of the period allowed by law for veto consideration in any

23  year in which an appropriation is made, the chairs of the

24  legislative appropriations committees shall jointly transmit:

25         (a)  The official list of General Revenue Fund

26  appropriations determined in consultation with the Executive

27  Office of the Governor to be nonrecurring; and

28         (b)  The documents set forth in s. 216.0442(2)(a) and

29  (c),

30  

31  

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 1  to the Executive Office of the Governor, the Comptroller, the

 2  Auditor General, the director of the Office of Program Policy

 3  Analysis and Government Accountability, the Chief Justice of

 4  the Supreme Court, and each state agency. A request for

 5  additional explanation and direction regarding the legislative

 6  intent of the General Appropriations Act during the fiscal

 7  year may be made to the chair and vice chair of the

 8  Legislative Budget Commission or the President of the Senate

 9  and the Speaker of the House of Representatives only by and

10  through the Executive Office of the Governor for state

11  agencies, and by and through the Chief Justice of the Supreme

12  Court for the judicial branch, as is deemed necessary.

13  However, the Comptroller may also request further

14  clarification of legislative intent pursuant to the

15  Comptroller's responsibilities related to his or her preaudit

16  function of expenditures.

17         Section 54.  Subsection (2) of section 216.178, Florida

18  Statutes, is amended to read:

19         216.178  General Appropriations Act; format;

20  procedure.--

21         (2)  The Office of Planning and Budgeting shall develop

22  a final budget report that reflects the net appropriations for

23  each budget item.  The report shall reflect actual

24  expenditures for each of the 2 preceding fiscal years and the

25  estimated expenditures for the current fiscal year.  In

26  addition, the report must contain the actual revenues and cash

27  balances for the preceding 2 fiscal years and the estimated

28  revenues and cash balances for the current fiscal year.  The

29  report may also contain expenditure data, program objectives,

30  and program measures for each state agency program. The report

31  must be produced by October 15 each year.  A copy of the

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 1  report must be made available to each member of the

 2  Legislature, to the head of each state agency, to the Auditor

 3  General, to the director of the Office of Program Policy

 4  Analysis and Government Accountability, and to the public.

 5         Section 55.  Subsection (12) of section 216.181,

 6  Florida Statutes, is amended to read;

 7         216.181  Approved budgets for operations and fixed

 8  capital outlay.--

 9         (12)  There is appropriated nonoperating budget for

10  refunds, payments to the United States Treasury, payments of

11  the service charge to the General Revenue Fund, and transfers

12  of funds specifically required by law. Such authorized budget,

13  together with related releases, shall be transmitted by the

14  state agency or by the judicial branch to the Comptroller for

15  entry in the Comptroller's records in the manner and format

16  prescribed by the Executive Office of the Governor in

17  consultation with the Comptroller. A copy of such authorized

18  budgets shall be furnished to the Executive Office of the

19  Governor or the Chief Justice, the chairs of the legislative

20  committees responsible for developing the general

21  appropriations acts, and the Office of Government

22  Accountability Auditor General. The Governor may withhold

23  approval of nonoperating investment authority for certain

24  trust funds when deemed in the best interest of the state. The

25  Governor for the executive branch, and the Chief Justice for

26  the judicial branch, may establish nonoperating budgets for

27  transfers, purchase of investments, special expenses,

28  distributions, and any other nonoperating budget categories

29  they deem necessary and in the best interest of the state and

30  consistent with legislative intent and policy. The provisions

31  of this subsection are subject to the notice, review, and

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 1  objection procedures set forth in s. 216.177. For purposes of

 2  this section, the term "nonoperating budgets" means

 3  nonoperating disbursement authority for purchase of

 4  investments, refunds, payments to the United States Treasury,

 5  transfers of funds specifically required by law, distributions

 6  of assets held by the state in a trustee capacity as an agent

 7  of fiduciary, special expenses, and other nonoperating budget

 8  categories as determined necessary by the Executive Office of

 9  the Governor, not otherwise appropriated in the General

10  Appropriations Act.

11         Section 56.  Subsection (1) of section 216.192, Florida

12  Statutes, is amended to read:

13         216.192  Release of appropriations; revision of

14  budgets.--

15         (1)  Unless otherwise provided in the General

16  Appropriations Act, on July 1 of each fiscal year, up to 25

17  percent of the original approved operating budget of each

18  agency and of the judicial branch may be released until such

19  time as annual plans for quarterly releases for all

20  appropriations have been developed, approved, and furnished to

21  the Comptroller by the Executive Office of the Governor for

22  state agencies and by the Chief Justice of the Supreme Court

23  for the judicial branch.  The plans, including appropriate

24  plans of releases for fixed capital outlay projects that

25  correspond with each project schedule, shall attempt to

26  maximize the use of trust funds and shall be transmitted to

27  the Comptroller by August 1 of each fiscal year. Such releases

28  shall at no time exceed the total appropriations available to

29  a state agency or to the judicial branch, or the approved

30  budget for such agency or the judicial branch if less. The

31  Comptroller shall enter such releases in his or her records in

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 1  accordance with the release plans prescribed by the Executive

 2  Office of the Governor and the Chief Justice, unless otherwise

 3  amended as provided by law.  The Executive Office of the

 4  Governor and the Chief Justice shall transmit a copy of the

 5  approved annual releases to the head of the state agency, the

 6  chair and vice chair of the Legislative Budget Commission, and

 7  the Office of Government Accountability Auditor General. The

 8  Comptroller shall authorize all expenditures to be made from

 9  the appropriations on the basis of such releases and in

10  accordance with the approved budget, and not otherwise.

11  Expenditures shall be authorized only in accordance with

12  legislative authorizations. Nothing herein precludes periodic

13  reexamination and revision by the Executive Office of the

14  Governor or by the Chief Justice of the annual plans for

15  release of appropriations and the notifications of the parties

16  of all such revisions.

17         Section 57.  Subsection (3) of section 216.231, Florida

18  Statutes, is amended to read:

19         216.231  Release of certain classified

20  appropriations.--

21         (3)  Notwithstanding any other provisions of law,

22  moneys appropriated in any appropriations act to the Governor

23  for discretionary contingencies may be expended at his or her

24  discretion to promote general government and intergovernmental

25  cooperation and to enhance the image of the state.  All funds

26  expended for such purposes shall be accounted for, and a

27  report showing the amounts expended, the names of the persons

28  receiving the amounts expended, and the purpose of each

29  expenditure shall be annually reported to the Office of

30  Government Accountability Auditor General and the legislative

31  appropriations committees.

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 1         Section 58.  Paragraph (a) of subsection (1) of section

 2  216.262, Florida Statutes, is amended to read:

 3         216.262  Authorized positions.--

 4         (1)(a)  Unless otherwise expressly provided by law, the

 5  total number of authorized positions may not exceed the total

 6  provided in the appropriations acts.  In the event any state

 7  agency or entity of the judicial branch finds that the number

 8  of positions so provided is not sufficient to administer its

 9  authorized programs, it may file an application with the

10  Executive Office of the Governor or the Chief Justice; and, if

11  the Executive Office of the Governor or Chief Justice

12  certifies that there are no authorized positions available for

13  addition, deletion, or transfer within the agency as provided

14  in paragraph (c) and recommends an increase in the number of

15  positions, the Governor or the Chief Justice may, after a

16  public hearing, authorize an increase in the number of

17  positions for the following reasons only:

18         1.  To implement or provide for continuing federal

19  grants or changes in grants not previously anticipated;

20         2.  To meet emergencies pursuant to s. 252.36;

21         3.  To satisfy new federal regulations or changes

22  therein;

23         4.  To take advantage of opportunities to reduce

24  operating expenditures or to increase the revenues of the

25  state or local government; and

26         5.  To authorize positions which were not fixed by the

27  Legislature through error in drafting the appropriations acts.

28  

29  The provisions of this paragraph are subject to the notice and

30  review procedures set forth in s. 216.177.  A copy of the

31  application, the certification, and the final authorization

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 1  shall be filed with the Legislative Budget Commission, the

 2  appropriations committees, and with the Office of Government

 3  Accountability Auditor General.

 4         Section 59.  Subsections (2) and (3) of section

 5  216.292, Florida Statutes, are amended to read:

 6         216.292  Appropriations nontransferable; exceptions.--

 7         (2)  A lump sum appropriated for a performance-based

 8  program must be distributed by the Governor for state agencies

 9  or the Chief Justice for the judicial branch into the

10  traditional expenditure categories in accordance with s.

11  216.181(6)(b).  At any time during the year, the agency head

12  or Chief Justice may transfer funds between those categories

13  with no limit on the amount of the transfer. Authorized

14  revisions of the original approved operating budget, together

15  with related changes, if any, must be transmitted by the state

16  agency or by the judicial branch to the Executive Office of

17  the Governor or the Chief Justice, the chair and vice chair of

18  the Legislative Budget Commission, and the Office of Program

19  Policy Analysis and Government Accountability, and the Auditor

20  General. Such authorized revisions shall be consistent with

21  the intent of the approved operating budget, shall be

22  consistent with legislative policy and intent, and shall not

23  conflict with specific spending policies specified in the

24  General Appropriations Act. The Executive Office of the

25  Governor shall forward a copy of the revisions within 7

26  working days to the Comptroller for entry in his or her

27  records in the manner and format prescribed by the Executive

28  Office of the Governor in consultation with the Comptroller.

29  Such authorized revisions shall be consistent with the intent

30  of the approved operating budget, shall be consistent with

31  legislative policy and intent, and shall not conflict with

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 1  specific spending policies specified in the General

 2  Appropriations Act.

 3         (3)  The head of each department or the Chief Justice

 4  of the Supreme Court, whenever it is deemed necessary by

 5  reason of changed conditions, may transfer appropriations

 6  funded from identical funding sources, except appropriations

 7  for fixed capital outlay, and transfer the amounts included

 8  within the total original approved budget and releases as

 9  furnished pursuant to ss. 216.181 and 216.192, as follows:

10         (a)  Between categories of appropriations within a

11  budget entity, if no category of appropriation is increased or

12  decreased by more than 5 percent of the original approved

13  budget or $150,000, whichever is greater, by all action taken

14  under this subsection.

15         (b)  Additionally, between budget entities within

16  identical categories of appropriations, if no category of

17  appropriation is increased or decreased by more than 5 percent

18  of the original approved budget or $150,000, whichever is

19  greater, by all action taken under this subsection.

20         (c)  Such authorized revisions must be consistent with

21  the intent of the approved operating budget, must be

22  consistent with legislative policy and intent, and must not

23  conflict with specific spending policies specified in the

24  General Appropriations Act.

25  

26  Such authorized revisions, together with related changes, if

27  any, in the plan for release of appropriations, shall be

28  transmitted by the state agency or by the judicial branch to

29  the Comptroller for entry in the Comptroller's records in the

30  manner and format prescribed by the Executive Office of the

31  Governor in consultation with the Comptroller.  A copy of such

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 1  revision shall be furnished to the Executive Office of the

 2  Governor or the Chief Justice, the chair and vice chair of the

 3  Legislative Budget Commission, and the Auditor General, and

 4  the director of the Office of Program Policy Analysis and

 5  Government Accountability.

 6         Section 60.  Paragraph (a) of subsection (1), paragraph

 7  (a) of subsection (2), and subsection (3) of section 216.301,

 8  Florida Statutes, are amended to read:

 9         216.301  Appropriations; undisbursed balances.--

10         (1)(a)  Any balance of any appropriation, except an

11  appropriation for fixed capital outlay, which is not disbursed

12  but which is expended or contracted to be expended shall, at

13  the end of each fiscal year, be certified by the head of the

14  affected state agency or the judicial or legislative branches,

15  on or before August 1 of each year, to the Executive Office of

16  the Governor, showing in detail the obligees to whom obligated

17  and the amounts of such obligations.  On or before September 1

18  of each year, the Executive Office of the Governor shall

19  review and approve or disapprove, consistent with legislative

20  policy and intent, any or all of the items and amounts

21  certified by the head of the affected state agency and shall

22  approve all items and amounts certified by the Chief Justice

23  of the Supreme Court for the judicial branch and by the

24  legislative branch and shall furnish the Comptroller, the

25  legislative appropriations committees, and the Office of

26  Government Accountability Auditor General a detailed listing

27  of the items and amounts approved as legal encumbrances

28  against the undisbursed balance of such appropriation. The

29  review shall assure that trust funds have been fully

30  maximized.  Any such encumbered balance remaining undisbursed

31  on December 31 of the same calendar year in which such

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 1  certification was made shall revert to the fund from which

 2  appropriated and shall be available for reappropriation by the

 3  Legislature.  In the event such certification is not made and

 4  an obligation is proven to be legal, due, and unpaid, then the

 5  obligation shall be paid and charged to the appropriation for

 6  the current fiscal year of the state agency or the legislative

 7  or judicial branch affected.

 8         (2)(a)  Any balance of any appropriation for fixed

 9  capital outlay not disbursed but expended or contracted or

10  committed to be expended shall, at the end of each fiscal

11  year, be certified by the head of the affected state agency or

12  the legislative or judicial branch, on or before August 1 of

13  each year, to the Executive Office of the Governor, showing in

14  detail the commitment or to whom obligated and the amount of

15  such commitment or obligation.  On or before September 1 of

16  each year, the Executive Office of the Governor shall review

17  and approve or disapprove, consistent with legislative policy

18  and intent, any or all of the items and amounts certified by

19  the head of the affected state agency and shall approve all

20  items and amounts certified by the Chief Justice of the

21  Supreme Court and by the legislative branch and shall furnish

22  the Comptroller, the legislative appropriations committees,

23  and the Office of Government Accountability Auditor General a

24  detailed listing of the items and amounts approved as legal

25  encumbrances against the undisbursed balances of such

26  appropriations. In the event such certification is not made

27  and the balance of the appropriation has reverted and the

28  obligation is proven to be legal, due, and unpaid, then the

29  same shall be presented to the Legislature for its

30  consideration.

31  

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 1         (3)  Notwithstanding the provisions of subsection (2),

 2  the unexpended balance of any appropriation for fixed capital

 3  outlay subject to but not under the terms of a binding

 4  contract or a general construction contract prior to February

 5  1 of the second fiscal year, or the third fiscal year if it is

 6  for an educational facility as defined in chapter 1013 or a

 7  construction project of a state university, of the

 8  appropriation shall revert on February 1 of such year to the

 9  fund from which appropriated and shall be available for

10  reappropriation. The Executive Office of the Governor shall,

11  not later than February 20 of each year, furnish the

12  Comptroller, the legislative appropriations committees, and

13  the Office of Government Accountability Auditor General a

14  report listing in detail the items and amounts reverting under

15  the authority of this subsection, including the fund to which

16  reverted and the agency affected.

17         Section 61.  Subsections (17) and (18) of section

18  218.31, Florida Statutes, are amended to read:

19         218.31  Definitions.--As used in this part, except

20  where the context clearly indicates a different meaning:

21         (17)  "Financial audit" means an examination of

22  financial statements in order to express an opinion on the

23  fairness with which they are presented in conformity with

24  generally accepted accounting principles and an examination to

25  determine whether operations are properly conducted in

26  accordance with legal and regulatory requirements. Financial

27  audits must be conducted in accordance with generally accepted

28  auditing standards and government auditing standards as

29  adopted by the Board of Accountancy and as prescribed by rules

30  adopted promulgated by the Office of Government Accountability

31  Auditor General.

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 1         (18)  "Management letter" means a statement of the

 2  auditor's comments and recommendations as prescribed by rules

 3  adopted by the Office of Government Accountability Auditor

 4  General.

 5         Section 62.  Paragraph (e) of subsection (1) and

 6  subsection (2) of section 218.32, Florida Statutes, are

 7  amended to read:

 8         218.32  Annual financial reports; local governmental

 9  entities.--

10         (1)

11         (e)  Each local governmental entity that is not

12  required to provide for an audit report in accordance with s.

13  218.39 must submit the annual financial report to the

14  department no later than April 30 of each year. The department

15  shall consult with the Office of Government Accountability

16  Auditor General in the development of the format of annual

17  financial reports submitted pursuant to this paragraph. The

18  format shall include balance sheet information to be utilized

19  by the Office of Government Accountability Auditor General

20  pursuant to s. 11.45 s. 11.45(7)(f). The department must

21  forward the financial information contained within these

22  entities' annual financial reports to the Office of Government

23  Accountability Auditor General in electronic form. This

24  paragraph does not apply to housing authorities created under

25  chapter 421.

26         (2)  The department shall annually by December 1 file a

27  verified report with the Governor, the Legislature, the Office

28  of Government Accountability Auditor General, and the Special

29  District Information Program of the Department of Community

30  Affairs showing the revenues, both locally derived and derived

31  from intergovernmental transfers, and the expenditures of each

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 1  local governmental entity, regional planning council, local

 2  government finance commission, and municipal power corporation

 3  that is required to submit an annual financial report.  The

 4  report must include, but is not limited to:

 5         (a)  The total revenues and expenditures of each local

 6  governmental entity that is a component unit included in the

 7  annual financial report of the reporting entity.

 8         (b)  The amount of outstanding long-term debt by each

 9  local governmental entity.  For purposes of this paragraph,

10  the term "long-term debt" means any agreement or series of

11  agreements to pay money, which, at inception, contemplate

12  terms of payment exceeding 1 year in duration.

13         Section 63.  Subsections (1), (2), (7), (8), and (9) of

14  section 218.39, Florida Statutes, are amended to read:

15         218.39  Annual financial audit reports.--

16         (1)  If, by the first day in any fiscal year, a local

17  governmental entity, district school board, charter school, or

18  charter technical career center has not been notified that a

19  financial audit for that fiscal year will be performed by the

20  Office of Government Accountability Auditor General, each of

21  the following entities shall have an annual financial audit of

22  its accounts and records completed within 12 months after the

23  end of its fiscal year by an independent certified public

24  accountant retained by it and paid from its public funds:

25         (a)  Each county.

26         (b)  Any municipality with revenues or the total of

27  expenditures and expenses in excess of $250,000.

28         (c)  Any special district with revenues or the total of

29  expenditures and expenses in excess of $100,000.

30         (d)  Each district school board.

31         (e)  Each charter school established under s. 1002.33.

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 1         (f)  Each charter technical center established under s.

 2  1002.34.

 3         (g)  Each municipality with revenues or the total of

 4  expenditures and expenses between $100,000 and $250,000 that

 5  has not been subject to a financial audit pursuant to this

 6  subsection for the 2 preceding fiscal years.

 7         (h)  Each special district with revenues or the total

 8  of expenditures and expenses between $50,000 and $100,000 that

 9  has not been subject to a financial audit pursuant to this

10  subsection for the 2 preceding fiscal years.

11         (2)  The county audit report shall be a single document

12  that includes a financial audit of the county as a whole and,

13  for each county agency other than a board of county

14  commissioners, an audit of its financial accounts and records,

15  including reports on compliance and internal control,

16  management letters, and financial statements as required by

17  rules adopted by the Office of Government Accountability

18  Auditor General. In addition to such requirements, if a board

19  of county commissioners elects to have a separate audit of its

20  financial accounts and records in the manner required by rules

21  adopted by the Office of Government Accountability Auditor

22  General for other county agencies, such separate audit shall

23  be included in the county audit report.

24         (7)  The predecessor auditor of a district school board

25  shall provide the Office of Government Accountability Auditor

26  General access to the prior year's working papers in

27  accordance with the Statements on Auditing Standards,

28  including documentation of planning, internal control, audit

29  results, and other matters of continuing accounting and

30  auditing significance, such as the working paper analysis of

31  balance sheet accounts and those relating to contingencies.

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 1         (8)  All audits conducted in accordance with this

 2  section must be conducted in accordance with the rules of the

 3  Office of Government Accountability adopted Auditor General

 4  promulgated pursuant to s. 11.45.  All audit reports and the

 5  officer's written statement of explanation or rebuttal must be

 6  submitted to the Office of Government Accountability Auditor

 7  General within 45 days after delivery of the audit report to

 8  the entity's governing body, but no later than 12 months after

 9  the end of the fiscal year.

10         (9)  Each charter school and charter technical career

11  center must file a copy of its audit report with the

12  sponsoring entity; the local district school board, if not the

13  sponsoring entity; the Office of Government Accountability

14  Auditor General; and with the Department of Education.

15         Section 64.  Paragraph (f) of subsection (4) of section

16  220.187, Florida Statutes, is amended to read:

17         220.187  Credits for contributions to nonprofit

18  scholarship-funding organizations.--

19         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

20  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

21         (f)  An eligible nonprofit scholarship-funding

22  organization that receives eligible contributions must provide

23  to the Office of Government Accountability Auditor General an

24  annual financial and compliance audit of its accounts and

25  records conducted by an independent certified public

26  accountant and in accordance with rules adopted by the Office

27  of Government Accountability Auditor General.

28         Section 65.  Subsection (3) of section 243.73, Florida

29  Statutes, is amended to read:

30         243.73  Reports; audits.--

31  

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 1         (3)  The Office of Government Accountability Auditor

 2  General may, pursuant to direction by the Auditor General his

 3  or her own authority or at the direction of the Legislative

 4  Auditing Committee, conduct an audit of the authority or any

 5  programs or entities created by the authority.

 6         Section 66.  Subsection (11) of section 253.025,

 7  Florida Statutes, is amended to read:

 8         253.025  Acquisition of state lands for purposes other

 9  than preservation, conservation, and recreation.--

10         (11)  The Office of Government Accountability Auditor

11  General shall conduct audits of acquisitions and divestitures

12  which, according to its his or her preliminary assessments of

13  board-approved acquisitions and divestitures, it he or she

14  deems necessary. These preliminary assessments shall be

15  initiated not later than 60 days following the final approval

16  by the board of land acquisitions under this section.  If an

17  audit is conducted, the Office of Government Accountability

18  Auditor General shall submit an audit report to the board of

19  trustees, the President of the Senate, the Speaker of the

20  House of Representatives, and their designees.

21         Section 67.  Subsection (2) of section 259.037, Florida

22  Statutes, is amended to read:

23         259.037  Land Management Uniform Accounting Council.--

24         (2)  The Auditor General and the director of the Office

25  of Program Policy Analysis and Government Accountability, or

26  their designees, shall advise the council to ensure that

27  appropriate accounting procedures are utilized and that a

28  uniform method of collecting and reporting accurate costs of

29  land management activities are created and can be used by all

30  agencies.

31  

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 1         Section 68.  Subsection (16) of section 259.041,

 2  Florida Statutes, is amended to read:

 3         259.041  Acquisition of state-owned lands for

 4  preservation, conservation, and recreation purposes.--

 5         (16)  The Office of Government Accountability Auditor

 6  General shall conduct audits of acquisitions and divestitures

 7  which it he or she deems necessary, according to its his or

 8  her preliminary assessments of board-approved acquisitions and

 9  divestitures. These preliminary assessments shall be initiated

10  not later than 60 days following the final approval by the

11  board of land acquisitions under this section. If an audit is

12  conducted, the Office of Government Accountability Auditor

13  General shall submit an audit report to the board of trustees,

14  the President of the Senate, the Speaker of the House of

15  Representatives, and their designees.

16         Section 69.  Subsection (8) of section 267.1732,

17  Florida Statutes, is amended to read:

18         267.1732  Direct-support organization.--

19         (8)  The identity of a donor or prospective donor of

20  property to a direct-support organization who desires to

21  remain anonymous, and all information identifying such donor

22  or prospective donor, is confidential and exempt from the

23  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

24  Constitution; and that anonymity must be maintained in the

25  auditor's report. The university and the Office of Government

26  Accountability Auditor General shall have access to all

27  records of the direct-support organization at any time it is

28  requested.

29         Section 70.  Section 273.02, Florida Statutes, is

30  amended to read:

31  

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 1         273.02  Record and inventory of certain property.--The

 2  word "property" as used in this section means equipment,

 3  fixtures, and other tangible personal property of a

 4  nonconsumable and nonexpendable nature, the value or cost of

 5  which is $1,000 or more and the normal expected life of which

 6  is 1 year or more, and hardback-covered bound books that are

 7  circulated to students or the general public, the value or

 8  cost of which is $25 or more, and hardback-covered bound

 9  books, the value or cost of which is $250 or more.  Each item

10  of property which it is practicable to identify by marking

11  shall be marked in the manner required by the Office of

12  Government Accountability Auditor General. Each custodian

13  shall maintain an adequate record of property in his or her

14  custody, which record shall contain such information as shall

15  be required by the Office of Government Accountability Auditor

16  General. Once each year, on July 1 or as soon thereafter as is

17  practicable, and whenever there is a change of custodian, each

18  custodian shall take an inventory of property in his or her

19  custody. The inventory shall be compared with the property

20  record, and all discrepancies shall be traced and reconciled.

21  All publicly supported libraries shall be exempt from marking

22  hardback-covered bound books, as required by this section. The

23  catalog and inventory control records maintained by each

24  publicly supported library shall constitute the property

25  record of hardback-covered bound books with a value or cost of

26  $25 or more included in each publicly supported library

27  collection and shall serve as a perpetual inventory in lieu of

28  an annual physical inventory.  All books identified by these

29  records as missing shall be traced and reconciled, and the

30  library inventory shall be adjusted accordingly.

31  

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 1         Section 71.  Subsection (5) of section 273.05, Florida

 2  Statutes, is amended to read:

 3         273.05  Surplus property.--

 4         (5)  The custodian shall maintain records of property

 5  that is certified as surplus with information indicating the

 6  value and condition of the property. Agency records for

 7  property certified as surplus shall comply with rules issued

 8  by the Office of Government Accountability Auditor General.

 9         Section 72.  Subsection (2) of section 273.055, Florida

10  Statutes, is amended to read:

11         273.055  Disposition of state-owned tangible personal

12  property.--

13         (2)  Custodians shall maintain records to identify each

14  property item as to disposition. Such records shall comply

15  with rules adopted issued by the Office of Government

16  Accountability Auditor General.

17         Section 73.  Subsection (2) of section 274.02, Florida

18  Statutes, is amended to read:

19         274.02  Record and inventory of certain property.--

20         (2)  Each item of property which it is practicable to

21  identify by marking shall be marked in the manner required by

22  the Office of Government Accountability Auditor General. Each

23  governmental unit shall maintain an adequate record of its

24  property, which record shall contain such information as shall

25  be required by the Office of Government Accountability Auditor

26  General. Each governmental unit shall take an inventory of its

27  property in the custody of a custodian whenever there is a

28  change in such custodian. A complete physical inventory of all

29  property shall be taken annually, and the date inventoried

30  shall be entered on the property record. The inventory shall

31  

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 1  be compared with the property record, and all discrepancies

 2  shall be traced and reconciled.

 3         Section 74.  Paragraph (a) of subsection (2) of section

 4  282.318, Florida Statutes, is amended to read:

 5         282.318  Security of data and information technology

 6  resources.--

 7         (2)(a)  The State Technology Office, in consultation

 8  with each agency head, is responsible and accountable for

 9  assuring an adequate level of security for all data and

10  information technology resources of each agency and, to carry

11  out this responsibility, shall, at a minimum:

12         1.  Designate an information security manager who shall

13  administer the security program of each agency for its data

14  and information technology resources.

15         2.  Conduct, and periodically update, a comprehensive

16  risk analysis to determine the security threats to the data

17  and information technology resources of each agency.  The risk

18  analysis information is confidential and exempt from the

19  provisions of s. 119.07(1), except that such information shall

20  be available to the Office of Government Accountability

21  Auditor General in performing its auditing his or her

22  postauditing duties.

23         3.  Develop, and periodically update, written internal

24  policies and procedures to assure the security of the data and

25  information technology resources of each agency. The internal

26  policies and procedures which, if disclosed, could facilitate

27  the unauthorized modification, disclosure, or destruction of

28  data or information technology resources are confidential

29  information and exempt from the provisions of s. 119.07(1),

30  except that such information shall be available to the Office

31  

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 1  of Government Accountability Auditor General in performing its

 2  auditing his or her postauditing duties.

 3         4.  Implement appropriate cost-effective safeguards to

 4  reduce, eliminate, or recover from the identified risks to the

 5  data and information technology resources of each agency.

 6         5.  Ensure that periodic internal audits and

 7  evaluations of each security program for the data and

 8  information technology resources of the agency are conducted.

 9  The results of such internal audits and evaluations are

10  confidential information and exempt from the provisions of s.

11  119.07(1), except that such information shall be available to

12  the Office of Government Accountability Auditor General in

13  performing its auditing his or her postauditing duties.

14         6.  Include appropriate security requirements, as

15  determined by the State Technology Office, in consultation

16  with each agency head, in the written specifications for the

17  solicitation of information technology resources.

18         Section 75.  Subsection (1) of section 282.322, Florida

19  Statutes, is amended to read:

20         282.322  Special monitoring process for designated

21  information resources management projects.--

22         (1)  For each information resources management project

23  which is designated for special monitoring in the General

24  Appropriations Act, with a proviso requiring a contract with a

25  project monitor, the Technology Review Workgroup established

26  pursuant to s. 216.0446, in consultation with each affected

27  agency, shall be responsible for contracting with the project

28  monitor. Upon contract award, funds equal to the contract

29  amount shall be transferred to the Technology Review Workgroup

30  upon request and subsequent approval of a budget amendment

31  pursuant to s. 216.292. With the concurrence of the

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 1  Legislative Auditing Committee, the Office of Government

 2  Accountability the Auditor General shall be the project

 3  monitor for other projects designated for special monitoring.

 4  However, nothing in this section precludes the Office of

 5  Government Accountability Auditor General from conducting such

 6  monitoring on any project designated for special monitoring.

 7  In addition to monitoring and reporting on significant

 8  communications between a contracting agency and the

 9  appropriate federal authorities, the project monitoring

10  process shall consist of evaluating each major stage of the

11  designated project to determine whether the deliverables have

12  been satisfied and to assess the level of risks associated

13  with proceeding to the next stage of the project. The major

14  stages of each designated project shall be determined based on

15  the agency's information systems development methodology.

16  Within 20 days after an agency has completed a major stage of

17  its designated project or at least 90 days, the project

18  monitor shall issue a written report, including the findings

19  and recommendations for correcting deficiencies, to the agency

20  head, for review and comment. Within 20 days after receipt of

21  the project monitor's report, the agency head shall submit a

22  written statement of explanation or rebuttal concerning the

23  findings and recommendations of the project monitor, including

24  any corrective action to be taken by the agency. The project

25  monitor shall include the agency's statement in its final

26  report, which shall be forwarded, within 7 days after receipt

27  of the agency's statement, to the agency head, the inspector

28  general's office of the agency, the Executive Office of the

29  Governor, the appropriations committees of the Legislature,

30  the Joint Legislative Auditing Committee, the Technology

31  Review Workgroup, the President of the Senate, and the Speaker

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 1  of the House of Representatives, and the Office of Program

 2  Policy Analysis and Government Accountability. The Office of

 3  Government Accountability Auditor General shall also receive a

 4  copy of the project monitor's report for those projects in

 5  which the Office of Government Accountability Auditor General

 6  is not the project monitor.

 7         Section 76.  Paragraph (b) of subsection (2) of section

 8  287.045, Florida Statutes, is amended to read:

 9         287.045  Procurement of products and materials with

10  recycled content.--

11         (2)

12         (b)  The Office of Government Accountability Auditor

13  General shall assist in monitoring the product procurement

14  requirements.

15         Section 77.  Subsection (2) of section 287.058, Florida

16  Statutes, is amended to read:

17         287.058  Contract document.--

18         (2)  The written agreement shall be signed by the

19  agency head and the contractor prior to the rendering of any

20  contractual service the value of which is in excess of the

21  threshold amount provided in s. 287.017 for CATEGORY TWO,

22  except in the case of a valid emergency as certified by the

23  agency head. The certification of an emergency shall be

24  prepared within 30 days after the contractor begins rendering

25  the service and shall state the particular facts and

26  circumstances which precluded the execution of the written

27  agreement prior to the rendering of the service. If the agency

28  fails to have the contract signed by the agency head and the

29  contractor prior to rendering the contractual service, and if

30  an emergency does not exist, the agency head shall, no later

31  than 30 days after the contractor begins rendering the

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 1  service, certify the specific conditions and circumstances to

 2  the department as well as describe actions taken to prevent

 3  recurrence of such noncompliance. The agency head may delegate

 4  the certification only to other senior management agency

 5  personnel.  A copy of the certification shall be furnished to

 6  the Comptroller with the voucher authorizing payment. The

 7  department shall report repeated instances of noncompliance by

 8  an agency to the Office of Government Accountability Auditor

 9  General. Nothing in this subsection shall be deemed to

10  authorize additional compensation prohibited by s. 215.425.

11  The procurement of contractual services shall not be divided

12  so as to avoid the provisions of this section.

13         Section 78.  Subsection (11) of section 287.0943,

14  Florida Statutes, is amended to read:

15         287.0943  Certification of minority business

16  enterprises.--

17         (11)  To deter fraud in the program, the Office of

18  Government Accountability Auditor General may review the

19  criteria by which a business became certified as a certified

20  minority business enterprise.

21         Section 79.  Section 287.115, Florida Statutes, is

22  amended to read:

23         287.115  Comptroller; annual report.--The Comptroller

24  shall submit to the Office of Government Accountability the

25  Auditor General an annual report on those contractual service

26  contracts disallowed by the Comptroller, which report shall

27  include, but is not limited to, the name of the user agency,

28  the name of the firm or individual from which the contractual

29  service was to be acquired, a description of the contractual

30  service, the financial terms of the contract, and the reason

31  for rejection.

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 1         Section 80.  Subsection (5) of section 287.17, Florida

 2  Statutes, is amended to read:

 3         287.17  Limitation on use of motor vehicles and

 4  aircraft.--

 5         (5)  Each state agency's head shall, by December 31,

 6  2000, conduct a review of motor vehicle utilization with

 7  oversight from the agency's inspector general. This review

 8  shall consist of two parts. The first part of the review shall

 9  determine the number of miles that each assigned motor vehicle

10  has been driven on official state business in the past fiscal

11  year. Commuting mileage shall be excluded from calculating

12  vehicle use. The purpose of this review is to determine

13  whether employees with assigned motor vehicles are driving the

14  vehicles a sufficient number of miles to warrant continued

15  vehicle assignment. The second part of the review shall

16  identify employees who have driven personal vehicles

17  extensively on state business in the past fiscal year. The

18  purpose of this review is to determine whether it would be

19  cost-effective to provide state motor vehicles to such

20  employees. In making this determination, the inspector general

21  shall use the break-even mileage criteria developed by the

22  Department of Management Services. A copy of the review shall

23  be presented to the Office of Program Policy Analysis and

24  Government Accountability.

25         Section 81.  Paragraphs (d) and (e) of subsection (4)

26  of section 288.1224, Florida Statutes, are amended to read:

27         288.1224  Powers and duties.--The commission:

28         (4)

29         (d)  The plan shall include recommendations regarding

30  specific performance standards and measurable outcomes for the

31  commission and its direct-support organization. The

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 1  commission, in consultation with the Office of Program Policy

 2  Analysis and Government Accountability, shall develop a plan

 3  for monitoring its operations to ensure that performance data

 4  are maintained and supported by records of the organization.

 5         (e)  Prior to the 2003 Regular Session of the

 6  Legislature, the Office of Program Policy Analysis and

 7  Government Accountability shall conduct a review of, and

 8  prepare a report on, the Florida Commission on Tourism and its

 9  direct-support organization. The review shall be comprehensive

10  in its scope, but, at a minimum, must be conducted in such a

11  manner as to specifically determine:

12         1.  The progress toward achieving the established

13  outcomes.

14         2.  The circumstances contributing to the

15  organization's ability to achieve, not achieve, or exceed its

16  established outcomes.

17         3.  Whether it would be sound public policy to continue

18  or discontinue funding the organization, and the consequences

19  of discontinuing the organization.

20  

21  The report shall be submitted by January 1, 2003, to the

22  President of the Senate, the Speaker of the House of

23  Representatives, the Senate Minority Leader, and the House

24  Minority Leader.

25         Section 82.  Subsection (6) of section 288.1226,

26  Florida Statutes, is amended to read:

27         288.1226  Florida Tourism Industry Marketing

28  Corporation; use of property; board of directors; duties;

29  audit.--

30         (6)  ANNUAL AUDIT.--The corporation shall provide for

31  an annual financial audit in accordance with s. 215.981.  The

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 1  annual audit report shall be submitted to the Auditor General;

 2  the Office of Policy Analysis and Government Accountability;

 3  and the Office of Tourism, Trade, and Economic Development for

 4  review. The Office of Program Policy Analysis and Government

 5  Accountability; the Office of Tourism, Trade, and Economic

 6  Development; and the Auditor General have the authority to

 7  require and receive from the corporation or from its

 8  independent auditor any detail or supplemental data relative

 9  to the operation of the corporation. The Office of Tourism,

10  Trade, and Economic Development shall annually certify whether

11  the corporation is operating in a manner and achieving the

12  objectives that are consistent with the policies and goals of

13  the commission and its long-range marketing plan. The identity

14  of a donor or prospective donor to the corporation who desires

15  to remain anonymous and all information identifying such donor

16  or prospective donor are confidential and exempt from the

17  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

18  Constitution. Such anonymity shall be maintained in the

19  auditor's report.

20         Section 83.  Subsection (2) of section 288.1227,

21  Florida Statutes, is amended to read:

22         288.1227  Annual report of the Florida Commission on

23  Tourism; audits.--

24         (2)  The Office of Government Accountability Auditor

25  General may, pursuant to the direction of the Auditor General

26  his or her own authority or at the direction of the

27  Legislative Auditing Committee, conduct an audit of the

28  commission or its direct-support organization.

29         Section 84.  Section 288.7011, Florida Statutes, is

30  amended to read:

31  

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 1         288.7011  Assistance to certified development

 2  corporation.--The Office of Tourism, Trade, and Economic

 3  Development is authorized to enter into contracts with a

 4  nonprofit, statewide development corporation certified

 5  pursuant to s. 503 of the Small Business Investment Act of

 6  1958, as amended, to permit such corporation to locate and

 7  contract for administrative and technical staff assistance and

 8  support, including, without limitation, assistance to the

 9  development corporation in the packaging and servicing of

10  loans for the purpose of stimulating and expanding the

11  availability of private equity capital and long-term loans to

12  small businesses.  Such assistance and support will cease when

13  the corporation has received state support in an amount the

14  equivalent of $250,000 per year over a 5-year period beginning

15  July 1, 1997. Any contract between the office and such

16  corporation shall specify that the records of the corporation

17  must be available for audit by the office and by the Office of

18  Government Accountability Auditor General.

19         Section 85.  Subsection (10) of section 288.7091,

20  Florida Statutes, is amended to read:

21         288.7091  Duties of the Florida Black Business

22  Investment Board, Inc.--The Florida Black Business Investment

23  Board, Inc., shall:

24         (10)  Annually, provide for a financial audit as

25  defined in s. 11.45 of its accounts and records by an

26  independent certified public accountant. The audit report

27  shall be filed within 12 months after the end of the fiscal

28  year to the Governor, the President of the Senate, the Speaker

29  of the House of Representatives, and the Office of Government

30  Accountability Auditor General.

31  

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 1         Section 86.  Subsection (8) of section 288.7092,

 2  Florida Statutes, is amended to read:

 3         288.7092  Return on investment from activities of the

 4  corporation.--

 5         (8)  The corporation, in consultation with the Office

 6  of Program Policy Analysis and Government Accountability,

 7  shall hire a private accounting firm or economic analysis firm

 8  to develop the methodology for establishing and reporting

 9  return on investment and in-kind contributions as described in

10  this section. The Office of Program Policy Analysis and

11  Government Accountability shall review and offer feedback on

12  the methodology before it is implemented. The private

13  accounting firm or economic analysis firm shall certify

14  whether the applicable statements in the annual report comply

15  with this section.

16         Section 87.  Subsection (8) of section 288.90151,

17  Florida Statutes, is amended to read:

18         288.90151  Return on investment from activities of

19  Enterprise Florida, Inc.--

20         (8)  Enterprise Florida, Inc., in consultation with the

21  Office of Program Policy Analysis and Government

22  Accountability, shall hire a private accounting firm to

23  develop the methodology for establishing and reporting

24  return-on-investment and in-kind contributions as described in

25  this section and to develop, analyze, and report on the

26  results of the customer-satisfaction survey. The Office of

27  Program Policy Analysis and Government Accountability shall

28  review and offer feedback on the methodology before it is

29  implemented. The private accounting firm shall certify whether

30  the applicable statements in the annual report comply with

31  this subsection.

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 1         Section 88.  Paragraphs (a) and (c) of subsection (4)

 2  of section 288.905, Florida Statutes, are amended to read:

 3         288.905  Duties of the board of directors of Enterprise

 4  Florida, Inc.--

 5         (4)(a)  The strategic plan shall also include

 6  recommendations regarding specific performance standards and

 7  measurable outcomes. Enterprise Florida, Inc., in consultation

 8  with the Office of Tourism, Trade, and Economic Development

 9  and the Office of Program Policy Analysis and Government

10  Accountability, shall establish performance-measure outcomes

11  for Enterprise Florida, Inc., and its boards and advisory

12  committees. Enterprise Florida, Inc., in consultation with the

13  Office of Tourism, Trade, and Economic Development and the

14  Office of Program Policy Analysis and Government

15  Accountability, shall develop a plan for monitoring its

16  operations to ensure that performance data are maintained and

17  supported by records of the organization. On a biennial basis,

18  Enterprise Florida, Inc., in consultation with the Office of

19  Tourism, Trade, and Economic Development and the Office of

20  Program Policy Analysis and Government Accountability, shall

21  review the performance-measure outcomes for Enterprise

22  Florida, Inc., and its boards, and make any appropriate

23  modifications to them. In developing measurable objectives and

24  performance outcomes, Enterprise Florida, Inc., shall consider

25  the effect of its programs, activities, and services on its

26  client population. Enterprise Florida, Inc., shall establish

27  standards such as job growth among client firms, growth in the

28  number and strength of businesses within targeted sectors,

29  client satisfaction, including the satisfaction of its local

30  and regional economic development partners, businesses

31  retained and recruited statewide and within rural and urban

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 1  core communities, employer wage growth, and increased export

 2  sales among client companies to use in evaluating performance

 3  toward accomplishing the mission of Enterprise Florida, Inc.

 4         (c)  Prior to the 2002 Regular Session of the

 5  Legislature, the Office of Program Policy Analysis and

 6  Government Accountability shall conduct a review of Enterprise

 7  Florida, Inc., and its boards and shall submit a report by

 8  January 1, 2002, to the President of the Senate, the Speaker

 9  of the House of Representatives, the Senate Minority Leader,

10  and the House Minority Leader. The review shall be

11  comprehensive in its scope, but, at a minimum, must be

12  conducted in such a manner as to specifically determine:

13         1.  The progress towards achieving the established

14  outcomes.

15         2.  The circumstances contributing to the

16  organization's ability to achieve, not achieve, or exceed its

17  established outcomes.

18         3.  Whether it would be sound public policy to continue

19  or discontinue funding the organization, and the consequences

20  of discontinuing the organization.

21         Section 89.  Subsection (7) of section 288.906, Florida

22  Statutes, is amended to read:

23         288.906  Annual report of Enterprise Florida, Inc.;

24  audits; confidentiality.--Prior to December 1 of each year,

25  Enterprise Florida, Inc., shall submit to the Governor, the

26  President of the Senate, the Speaker of the House of

27  Representatives, the Senate Minority Leader, and the House

28  Minority Leader a complete and detailed report including, but

29  not limited to:

30         (7)  An annual compliance and financial audit of

31  accounts and records by an independent certified public

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 1  accountant at the end of its most recent fiscal year performed

 2  in accordance with rules adopted by the Office of Government

 3  Accountability Auditor General.

 4  

 5  The detailed report required by this subsection shall also

 6  include the information identified in subsections (1)-(7), if

 7  applicable, for any board established within the corporate

 8  structure of Enterprise Florida, Inc.

 9         Section 90.  Subsection (1) of section 288.9517,

10  Florida Statutes, is amended to read:

11         288.9517  Audits; confidentiality.--

12         (1)  The Auditor General and the director of the Office

13  of Program Policy Analysis and Government Accountability may,

14  pursuant to the direction of the Auditor General their own

15  authority or at the direction of the Legislative Auditing

16  Committee, conduct an audit or examination of the technology

17  development board or the programs or entities created by the

18  board. The audit, examination, or report may not reveal the

19  identity of any person who has anonymously made a donation to

20  the board pursuant to subsection (2).

21         Section 91.  Paragraph (c) of subsection (4) of section

22  288.9604, Florida Statutes, is amended to read:

23         288.9604  Creation of the authority.--

24         (4)

25         (c)  The directors of the corporation shall annually

26  elect one of their members as chair and one as vice chair.

27  The corporation may employ a president, technical experts, and

28  such other agents and employees, permanent and temporary, as

29  it requires and determine their qualifications, duties, and

30  compensation.  For such legal services as it requires, the

31  corporation may employ or retain its own counsel and legal

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 1  staff.  The corporation shall file with the governing body of

 2  each public agency with which it has entered into an

 3  interlocal agreement and with the Governor, the Speaker of the

 4  House of Representatives, the President of the Senate, the

 5  Minority Leaders of the Senate and House of Representatives,

 6  and the Office of Government Accountability Auditor General,

 7  on or before 90 days after the close of the fiscal year of the

 8  corporation, a report of its activities for the preceding

 9  fiscal year, which report shall include a complete financial

10  statement setting forth its assets, liabilities, income, and

11  operating expenses as of the end of such fiscal year.

12         Section 92.  Subsection (6) of section 290.00689,

13  Florida Statutes, is amended to read:

14         290.00689  Designation of enterprise zone pilot project

15  area.--

16         (6)  Prior to the 2004 Regular Session of the

17  Legislature, the Office of Program Policy Analysis and

18  Government Accountability shall review and evaluate the

19  effectiveness and viability of the pilot project area created

20  under this section, using the research design prescribed

21  pursuant to s. 290.015. The office shall specifically evaluate

22  whether relief from certain taxes induced new investment and

23  development in the area; increased the number of jobs created

24  or retained in the area; induced the renovation,

25  rehabilitation, restoration, improvement, or new construction

26  of businesses or housing within the area; and contributed to

27  the economic viability and profitability of business and

28  commerce located within the area. The office shall submit a

29  report of its findings and recommendations to the Speaker of

30  the House of Representatives and the President of the Senate

31  no later than January 15, 2004.

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 1         Section 93.  Section 296.17, Florida Statutes, is

 2  amended to read:

 3         296.17  Audit; inspection; and standards for the

 4  home.--The home shall be open at any time to audit and

 5  inspection by the Auditor General and the Office of Program

 6  Policy Analysis and Government Accountability, as provided by

 7  law, the Department of Veterans' Affairs, the United States

 8  Department of Veterans Affairs, and to any other audits or

 9  inspections as required by law to maintain appropriate

10  standards in the home. The standards that the department shall

11  use to regulate the operation of the home shall be those

12  prescribed by the United States Department of Veterans

13  Affairs, provided that where the state's standards are more

14  restrictive, the standards of the state shall apply.

15         Section 94.  Section 296.41, Florida Statutes, is

16  amended to read:

17         296.41  Audit; inspection; standards for the home.--The

18  home shall be open at any time to audit and inspection by the

19  Auditor General and the Office of Program Policy Analysis and

20  Government Accountability, as provided by law, the department,

21  and the United States Department of Veterans Affairs, and to

22  any other audits or inspections as required by law to maintain

23  appropriate standards in the home. The standards that the

24  department shall use to regulate the operation of the home

25  shall be those prescribed by the United States Department of

26  Veterans Affairs, provided that where the state's standards

27  are more restrictive, the standards of the state shall apply.

28         Section 95.  Section 298.17, Florida Statutes, is

29  amended to read:

30         298.17  Appointment and duties of treasurer of

31  district; appointment of deputies; bond of treasurer; audit of

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 1  books; disbursements by warrant; form of warrant.--The board

 2  of supervisors in any district shall select and appoint some

 3  competent person, bank or trust company, organized under the

 4  laws of the state, as treasurer of such district, who shall

 5  receive and receipt for all the drainage taxes collected by

 6  the county collector or collectors, and the treasurer shall

 7  also receive and receipt for the proceeds of all tax sales

 8  made under the provisions of this chapter.  Said treasurer

 9  shall receive such compensation as may be fixed by the board

10  of supervisors.  Said board of supervisors shall also have the

11  authority to employ a fiscal agent, who shall be either a

12  resident of the state or some corporation organized under the

13  laws of Florida and authorized by such laws to act as such

14  fiscal agent for municipal corporations, who shall assist in

15  the keeping of the tax books, collections of taxes, the

16  remitting of funds to pay maturing bonds and coupons, and

17  perform such other service in the general management of the

18  fiscal and clerical affairs of the district as may be

19  determined by such board; and said board shall have the right

20  to define the duties of such fiscal agent and fix its

21  compensation.  Said board of supervisors shall furnish the

22  secretary and the treasurer with necessary office room,

23  furniture, stationery, maps, plats, typewriter, and postage.

24  The secretary and the treasurer, or either of them, may

25  appoint, by and with the advice and consent of the board of

26  supervisors, one or more deputies as may be necessary. Said

27  treasurer shall give bond in such amount as shall be fixed by

28  the board of supervisors, conditioned that the treasurer will

29  well and truly account for and pay out, as provided by law,

30  all moneys received by him or her as taxes from the county

31  collector, and the proceeds from tax sales for delinquent

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 1  taxes, and from any other source whatever on account or claim

 2  of said district, which bond shall be signed by at least two

 3  sureties, or by some surety or bonding company, approved and

 4  accepted by said board of supervisors, and said bond shall be

 5  in addition to the bond for proceeds of sales of bonds, which

 6  is required by s. 298.47.  Said bond shall be placed and

 7  remain in the custody of the president of the board of

 8  supervisors, and shall be kept separate from all papers in the

 9  custody of the secretary or treasurer.  Said treasurer shall

10  keep all funds received by him or her from any source whatever

11  deposited at all times in some bank, banks, or trust company

12  to be designated by the board of supervisors. All interest

13  accruing on such funds shall, when paid, be credited to the

14  district. The board of supervisors shall audit or have audited

15  the books of the said treasurer of said district at least once

16  each year and make a report thereof to the landowners at the

17  annual meeting and publish a statement within 30 days

18  thereafter, showing the amount of money received, the amount

19  paid out during such year, and the amount in the treasury at

20  the beginning and end of the year.  A certified copy of said

21  annual audit shall be filed with the Office of Government

22  Accountability state auditor. The treasurer of the district

23  shall pay out funds of the district only on warrants issued by

24  the district, said warrants to be signed by the president of

25  the board of supervisors and attested by the signature of the

26  secretary. All warrants shall be in the following form:

27  

28  $.... Fund .... No. of Warrant ....

29  Treasurer of .... Water Control District, State of Florida.

30  Pay to .... .... Dollars out of the money in .... fund of ....

31  Water Control District. For ....

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 1         By order of board of supervisors of .... Water Control

 2  District, Florida.

 3                                        (President of District.)

 4  Attest:                               (Secretary of District.)

 5         Section 96.  Section 310.131, Florida Statutes, is

 6  amended to read:

 7         310.131  Assessment of percentage of gross

 8  pilotage.--The department shall assess the licensed state

 9  pilots in the respective ports of the state a percentage of

10  the gross amount of pilotage earned by such pilots during each

11  year, which percentage will be established by the board not to

12  exceed 2 percent, to be paid into the Professional Regulation

13  Trust Fund by such pilots at such time and in such manner as

14  the board prescribes or as is set forth in the General

15  Appropriations Act. The financial records of all pilots and

16  deputy pilots relating to pilotage are subject to audit by the

17  department and the Office of Government Accountability Auditor

18  General. The department shall by rule set a procedure for

19  verifying the amount of pilotage at each port and may charge

20  costs to the appropriate port if the port does not comply with

21  such procedure.

22         Section 97.  Paragraph (d) of subsection (5) of section

23  320.023, Florida Statutes, is amended to read:

24         320.023  Requests to establish voluntary checkoff on

25  motor vehicle registration application.--

26         (5)  A voluntary contribution collected and distributed

27  under this chapter, or any interest earned from those

28  contributions, may not be used for commercial or for-profit

29  activities nor for general or administrative expenses, except

30  as authorized by law.

31  

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 1         (d)  Any organization subject to audit pursuant to s.

 2  215.97 shall submit an audit report in accordance with rules

 3  adopted promulgated by the Office of Government Accountability

 4  Auditor General. The annual attestation shall be submitted to

 5  the department for review within 9 months after the end of the

 6  organization's fiscal year.

 7         Section 98.  Paragraph (e) of subsection (2), paragraph

 8  (b) of subsection (9), and paragraph (c) of subsection (20) of

 9  section 320.08058, Florida Statutes, are amended to read:

10         320.08058  Specialty license plates.--

11         (2)  CHALLENGER LICENSE PLATES.--

12         (e)  The Office of Government Accountability Auditor

13  General has the authority to examine any and all records

14  pertaining to the Astronauts Memorial Foundation, Inc., and

15  the Technological Research and Development Authority to

16  determine compliance with the law.

17         (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--

18         (b)  The license plate annual use fees are to be

19  annually distributed as follows:

20         1.  Fifty-five percent of the proceeds from the Florida

21  Professional Sports Team plate must be deposited into the

22  Professional Sports Development Trust Fund within the Office

23  of Tourism, Trade, and Economic Development. These funds must

24  be used solely to attract and support major sports events in

25  this state.  As used in this subparagraph, the term "major

26  sports events" means, but is not limited to, championship or

27  all-star contests of Major League Baseball, the National

28  Basketball Association, the National Football League, the

29  National Hockey League, the men's and women's National

30  Collegiate Athletic Association Final Four basketball

31  championship, or a horseracing or dogracing Breeders' Cup. All

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 1  funds must be used to support and promote major sporting

 2  events, and the uses must be approved by the Florida Sports

 3  Foundation.

 4         2.  The remaining proceeds of the Florida Professional

 5  Sports Team license plate must be allocated to the Florida

 6  Sports Foundation, a direct-support organization of the Office

 7  of Tourism, Trade, and Economic Development.  These funds must

 8  be deposited into the Professional Sports Development Trust

 9  Fund within the Office of Tourism, Trade, and Economic

10  Development. These funds must be used by the Florida Sports

11  Foundation to promote the economic development of the sports

12  industry; to distribute licensing and royalty fees to

13  participating professional sports teams; to institute a grant

14  program for communities bidding on minor sporting events that

15  create an economic impact for the state; to distribute funds

16  to Florida-based charities designated by the Florida Sports

17  Foundation and the participating professional sports teams;

18  and to fulfill the sports promotion responsibilities of the

19  Office of Tourism, Trade, and Economic Development.

20         3.  The Florida Sports Foundation shall provide an

21  annual financial audit in accordance with s. 215.981 of its

22  financial accounts and records by an independent certified

23  public accountant pursuant to the contract established by the

24  Office of Tourism, Trade, and Economic Development as

25  specified in s. 288.1229(5). The auditor shall submit the

26  audit report to the Office of Tourism, Trade, and Economic

27  Development for review and approval. If the audit report is

28  approved, the office shall certify the audit report to the

29  Office of Government Accountability Auditor General for

30  review.

31         (20)  PROTECT WILD DOLPHINS LICENSE PLATES.--

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 1         (c)  The Office of Government Accountability Auditor

 2  General may examine any records of the Harbor Branch

 3  Oceanographic Institution, Inc., and any other organization

 4  that receives funds from the sale of this plate, to determine

 5  compliance with law.

 6         Section 99.  Paragraph (c) of subsection (1) of section

 7  320.08062, Florida Statutes, is amended to read:

 8         320.08062  Audits and attestations required; annual use

 9  fees of specialty license plates.--

10         (1)

11         (c)  Any organization subject to audit pursuant to s.

12  215.97 shall submit an audit report in accordance with rules

13  adopted promulgated by the Office of Government Accountability

14  Auditor General. The annual attestation shall be submitted to

15  the department for review within 9 months after the end of the

16  organization's fiscal year.

17         Section 100.  Paragraph (d) of subsection (5) of

18  section 322.081, Florida Statutes, is amended to read:

19         322.081  Requests to establish voluntary check-off on

20  driver's license application.--

21         (5)  A voluntary contribution collected and distributed

22  under this chapter, or any interest earned from those

23  contributions, may not be used for commercial or for-profit

24  activities nor for general or administrative expenses, except

25  as authorized by law.

26         (d)  Any organization subject to audit pursuant to s.

27  215.97 shall submit an audit report in accordance with rules

28  adopted promulgated by the Office of Government Accountability

29  Auditor General. The annual attestation must be submitted to

30  the department for review within 9 months after the end of the

31  organization's fiscal year.

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 1         Section 101.  Subsection (6) of section 322.135,

 2  Florida Statutes, is amended to read:

 3         322.135  Driver's license agents.--

 4         (6)  Administration of driver license services by a

 5  county tax collector as the exclusive agent of the department

 6  must be revenue neutral with no adverse state fiscal impact

 7  and with no adverse unfunded mandate to the tax collector.

 8  Toward this end, the Cost Determination and Allocation Task

 9  Force is created, to be established by July 1, 2001. The task

10  force shall be composed of two representatives appointed by

11  the executive director of the department, two tax collectors

12  appointed by the president of the Florida Tax Collectors,

13  Inc., one from a small-population county and one from a

14  large-population county; one person appointed by the Speaker

15  of the House of Representatives; one person appointed by the

16  President of the Senate; and the Governor's appointee. If

17  requested by the task force, the Auditor General must provide

18  technical assistance. The purpose of the task force is to

19  recommend the allocation of cost between the Department of

20  Highway Safety and Motor Vehicles and tax collectors to

21  administer driver license services authorized in this chapter.

22  These recommendations must be submitted in a written report by

23  January 1, 2002.  The task force shall dissolve on January 1,

24  2002.  The written report shall be presented to the President

25  of the Senate, the Speaker of the House of Representatives,

26  and the Executive Office of the Governor, and shall contain

27  findings and determinations and related allocation

28  recommendations dealing with costs, both construction and

29  operating costs, of both the department and the applicable tax

30  collectors, appropriate allocations of costs between the

31  department and the tax collectors, and fee recommendations to

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 1  assure that the fees paid for these driver license services do

 2  not result in a loss of revenue to the state in excess of

 3  costs incurred by the state.

 4         Section 102.  Subsection (1) of section 324.202,

 5  Florida Statutes, is repealed.

 6         Section 103.  Subsection (2) of section 331.419,

 7  Florida Statutes, is amended to read:

 8         331.419  Reports and audits.--

 9         (2)  By September 1, 2000, the corporation, in

10  cooperation with the Office of Program Policy Analysis and

11  Government Accountability, shall develop a research design,

12  including goals and measurable objectives for the corporation,

13  which will provide the Legislature with a quantitative

14  evaluation of the corporation. The corporation shall utilize

15  the monitoring mechanisms and reports developed in the designs

16  and provide these reports to the Governor, the President of

17  the Senate, the Speaker of the House of Representatives, and

18  the Office of Program Policy Analysis and Government

19  Accountability.

20         Section 104.  Subsection (4) of section 334.0445,

21  Florida Statutes, is amended to read:

22         334.0445  Model career service classification and

23  compensation plan.--

24         (4)  The department shall issue a baseline report on

25  the performance measures outlined in subsection (3) within 30

26  days after implementation of this act and shall provide

27  quarterly progress reports to the Department of Management

28  Services, the Executive Office of the Governor, legislative

29  appropriations committees, legislative personnel committees,

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

31  Government Accountability, and the affected certified

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 1  bargaining unions. Such reports shall contain the mandatory

 2  measures listed in this legislation, as well as other mutually

 3  agreed-upon measures between the Department of Transportation,

 4  the Department of Management Services, the Executive Office of

 5  the Governor, legislative appropriations committees,

 6  legislative personnel committees, and the affected certified

 7  bargaining unions.

 8         Section 105.  Subsection (2) of section 336.022,

 9  Florida Statutes, is amended to read:

10         336.022  County transportation trust fund; controls and

11  administrative remedies.--

12         (2)  The Office of Government Accountability Auditor

13  General shall conduct an audit of each such special trust fund

14  at such intervals of time as practicable and in accordance

15  with s. 11.45, to assure that the surplus of the

16  constitutional gas tax distributed to each county is being

17  expended in accordance with law. If, as a result of an audit,

18  the Office of Government Accountability Auditor General

19  determines that a county has violated the constitutional or

20  statutory requirements for expenditure of transportation

21  funds, he or she shall immediately notify the county. The

22  county shall have an opportunity to respond to the auditor's

23  report within 30 days after the date of written notification

24  to the county. If the Office of Government Accountability

25  Auditor General refuses to modify or repeal its his or her

26  findings, the county may have such findings reviewed pursuant

27  to the provisions of the Administrative Procedure Act, chapter

28  120. If the findings of the Office of Government

29  Accountability Auditor General are upheld after exhaustion of

30  all administrative and legal remedies of the county, no

31  further surplus constitutional gas tax funds in excess of

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 1  funds for committed projects shall be distributed to the

 2  violating county until the county corrects the matters cited

 3  by the Office of Government Accountability Auditor General and

 4  such corrections have been certified by the Office of

 5  Government Accountability Auditor General as having been

 6  completed.

 7         Section 106.  Subsection (7) of section 339.406,

 8  Florida Statutes, is amended to read:

 9         339.406  Contract between the department and the

10  corporation.--The contract must provide for:

11         (7)  The authority for the department and the Office of

12  Government Accountability Auditor General to conduct audits.

13         Section 107.  Subsection (3) of section 365.173,

14  Florida Statutes, is amended to read:

15         365.173  Wireless Emergency Telephone System Fund.--

16         (3)  The Office of Government Accountability Auditor

17  General shall annually audit the fund to ensure that moneys in

18  the fund are being managed in accordance with this section and

19  s. 365.172. The Office of Government Accountability Auditor

20  General shall provide a report of the annual audit to the

21  board.

22         Section 108.  Subsection (3) of section 373.45926,

23  Florida Statutes, is amended to read:

24         373.45926  Everglades Trust Fund; allocation of

25  revenues and expenditure of funds for conservation and

26  protection of natural resources and abatement of water

27  pollution.--

28         (3)  The South Florida Water Management District shall

29  furnish, on a quarterly basis, a detailed copy of its

30  expenditures from the Everglades Trust Fund to the Governor,

31  the President of the Senate, and the Speaker of the House of

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 1  Representatives, and shall make copies available to the

 2  public. The information shall be provided in a format approved

 3  by the Joint Legislative Committee on Everglades Oversight. At

 4  the direction of the Joint Legislative Committee on Everglades

 5  Oversight, an audit may be made from time to time by the

 6  Office of Government Accountability Auditor General, and such

 7  audit shall be within the authority of such Office of

 8  Government Accountability said Auditor General to make.

 9         Section 109.  Paragraph (c) of subsection (3) of

10  section 373.4595, Florida Statutes, is amended to read:

11         373.4595  Lake Okeechobee Protection Program.--

12         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

13  program for Lake Okeechobee that achieves phosphorus load

14  reductions for Lake Okeechobee shall be immediately

15  implemented as specified in this subsection. The program shall

16  address the reduction of phosphorus loading to the lake from

17  both internal and external sources. Phosphorus load reductions

18  shall be achieved through a phased program of implementation.

19  Initial implementation actions shall be technology-based,

20  based upon a consideration of both the availability of

21  appropriate technology and the cost of such technology, and

22  shall include phosphorus reduction measures at both the source

23  and the regional level. The initial phase of phosphorus load

24  reductions shall be based upon the district's Technical

25  Publication 81-2 and the district's WOD program, with

26  subsequent phases of phosphorus load reductions based upon the

27  total maximum daily loads established in accordance with s.

28  403.067. In the development and administration of the Lake

29  Okeechobee Protection Program, the coordinating agencies shall

30  maximize opportunities provided by federal cost-sharing

31  

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 1  programs and opportunities for partnerships with the private

 2  sector.

 3         (c)  Lake Okeechobee Watershed Phosphorus Control

 4  Program.--The Lake Okeechobee Watershed Phosphorus Control

 5  Program is designed to be a multifaceted approach to reducing

 6  phosphorus loads by improving the management of phosphorus

 7  sources within the Lake Okeechobee watershed through continued

 8  implementation of existing regulations and best management

 9  practices, development and implementation of improved best

10  management practices, improvement and restoration of the

11  hydrologic function of natural and managed systems, and

12  utilization of alternative technologies for nutrient

13  reduction. The coordinating agencies shall facilitate the

14  application of federal programs that offer opportunities for

15  water quality treatment, including preservation, restoration,

16  or creation of wetlands on agricultural lands.

17         1.  Agricultural nonpoint source best management

18  practices, developed in accordance with s. 403.067 and

19  designed to achieve the objectives of the Lake Okeechobee

20  Protection Program, shall be implemented on an expedited

21  basis. By March 1, 2001, the coordinating agencies shall

22  develop an interagency agreement pursuant to ss. 373.046 and

23  373.406(5) that assures the development of best management

24  practices that complement existing regulatory programs and

25  specifies how those best management practices are implemented

26  and verified. The interagency agreement shall address measures

27  to be taken by the coordinating agencies during any best

28  management practice reevaluation performed pursuant to

29  sub-subparagraph d. The department shall use best professional

30  judgment in making the initial determination of best

31  management practice effectiveness.

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 1         a.  As provided in s. 403.067(7)(d), by October 1,

 2  2000, the Department of Agriculture and Consumer Services, in

 3  consultation with the department, the district, and affected

 4  parties, shall initiate rule development for interim measures,

 5  best management practices, conservation plans, nutrient

 6  management plans, or other measures necessary for Lake

 7  Okeechobee phosphorus load reduction. The rule shall include

 8  thresholds for requiring conservation and nutrient management

 9  plans and criteria for the contents of such plans. Development

10  of agricultural nonpoint source best management practices

11  shall initially focus on those priority basins listed in

12  subparagraph (b)1. The Department of Agriculture and Consumer

13  Services, in consultation with the department, the district,

14  and affected parties, shall conduct an ongoing program for

15  improvement of existing and development of new interim

16  measures or best management practices for the purpose of

17  adoption of such practices by rule.

18         b.  Where agricultural nonpoint source best management

19  practices or interim measures have been adopted by rule of the

20  Department of Agriculture and Consumer Services, the owner or

21  operator of an agricultural nonpoint source addressed by such

22  rule shall either implement interim measures or best

23  management practices or demonstrate compliance with the

24  district's WOD program by conducting monitoring prescribed by

25  the department or the district. Owners or operators of

26  agricultural nonpoint sources who implement interim measures

27  or best management practices adopted by rule of the Department

28  of Agriculture and Consumer Services shall be subject to the

29  provisions of s. 403.067(7). The Department of Agriculture and

30  Consumer Services, in cooperation with the department and the

31  district, shall provide technical and financial assistance for

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 1  implementation of agricultural best management practices,

 2  subject to the availability of funds.

 3         c.  The district or department shall conduct monitoring

 4  at representative sites to verify the effectiveness of

 5  agricultural nonpoint source best management practices.

 6         d.  Where water quality problems are detected for

 7  agricultural nonpoint sources despite the appropriate

 8  implementation of adopted best management practices, the

 9  Department of Agriculture and Consumer Services, in

10  consultation with the other coordinating agencies and affected

11  parties, shall institute a reevaluation of the best management

12  practices and make appropriate changes to the rule adopting

13  best management practices.

14         2.  Nonagricultural nonpoint source best management

15  practices, developed in accordance with s. 403.067 and

16  designed to achieve the objectives of the Lake Okeechobee

17  Protection Program, shall be implemented on an expedited

18  basis. By March 1, 2001, the department and the district shall

19  develop an interagency agreement pursuant to ss. 373.046 and

20  373.406(5) that assures the development of best management

21  practices that complement existing regulatory programs and

22  specifies how those best management practices are implemented

23  and verified. The interagency agreement shall address measures

24  to be taken by the department and the district during any best

25  management practice reevaluation performed pursuant to

26  sub-subparagraph d.

27         a.  The department and the district are directed to

28  work with the University of Florida's Institute of Food and

29  Agricultural Sciences to develop appropriate nutrient

30  application rates for all nonagricultural soil amendments in

31  the watershed. As provided in s. 403.067(7)(c), by January 1,

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 1  2001, the department, in consultation with the district and

 2  affected parties, shall develop interim measures, best

 3  management practices, or other measures necessary for Lake

 4  Okeechobee phosphorus load reduction. Development of

 5  nonagricultural nonpoint source best management practices

 6  shall initially focus on those priority basins listed in

 7  subparagraph (b)1. The department, the district, and affected

 8  parties shall conduct an ongoing program for improvement of

 9  existing and development of new interim measures or best

10  management practices. The district shall adopt

11  technology-based standards under the district's WOD program

12  for nonagricultural nonpoint sources of phosphorus.

13         b.  Where nonagricultural nonpoint source best

14  management practices or interim measures have been developed

15  by the department and adopted by the district, the owner or

16  operator of a nonagricultural nonpoint source shall implement

17  interim measures or best management practices and be subject

18  to the provisions of s. 403.067(7). The department and

19  district shall provide technical and financial assistance for

20  implementation of nonagricultural nonpoint source best

21  management practices, subject to the availability of funds.

22         c.  The district or the department shall conduct

23  monitoring at representative sites to verify the effectiveness

24  of nonagricultural nonpoint source best management practices.

25         d.  Where water quality problems are detected for

26  nonagricultural nonpoint sources despite the appropriate

27  implementation of adopted best management practices, the

28  department and the district shall institute a reevaluation of

29  the best management practices.

30         3.  The provisions of subparagraphs 1. and 2. shall not

31  preclude the department or the district from requiring

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 1  compliance with water quality standards or with current best

 2  management practices requirements set forth in any applicable

 3  regulatory program authorized by law for the purpose of

 4  protecting water quality. Additionally, subparagraphs 1. and

 5  2. are applicable only to the extent that they do not conflict

 6  with any rules promulgated by the department that are

 7  necessary to maintain a federally delegated or approved

 8  program.

 9         4.  Projects which reduce the phosphorus load

10  originating from domestic wastewater systems within the Lake

11  Okeechobee watershed shall be given funding priority in the

12  department's revolving loan program under s. 403.1835. The

13  department shall coordinate and provide assistance to those

14  local governments seeking financial assistance for such

15  priority projects.

16         5.  Projects that make use of private lands, or lands

17  held in trust for Indian tribes, to reduce nutrient loadings

18  or concentrations within a basin by one or more of the

19  following methods: restoring the natural hydrology of the

20  basin, restoring wildlife habitat or impacted wetlands,

21  reducing peak flows after storm events, increasing aquifer

22  recharge, or protecting range and timberland from conversion

23  to development, are eligible for grants available under this

24  section from the coordinating agencies.  For projects of

25  otherwise equal priority, special funding priority will be

26  given to those projects that make best use of the methods

27  outlined above that involve public-private partnerships or

28  that obtain federal match money. Preference ranking above the

29  special funding priority will be given to projects located in

30  a rural area of critical economic concern designated by the

31  Governor. Grant applications may be submitted by any person or

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 1  tribal entity, and eligible projects may include, but are not

 2  limited to, the purchase of conservation and flowage

 3  easements, hydrologic restoration of wetlands, creating

 4  treatment wetlands, development of a management plan for

 5  natural resources, and financial support to implement a

 6  management plan.

 7         6.a.  The department shall require all entities

 8  disposing of domestic wastewater residuals within the Lake

 9  Okeechobee watershed and the remaining areas of Okeechobee,

10  Glades, and Hendry Counties to develop and submit to the

11  department an agricultural use plan that limits applications

12  based upon phosphorus loading. By July 1, 2005, phosphorus

13  concentrations originating from these application sites shall

14  not exceed the limits established in the district's WOD

15  program.

16         b.  Private and government-owned utilities within

17  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

18  River, Okeechobee, Highlands, Hendry, and Glades Counties that

19  dispose of wastewater residual sludge from utility operations

20  and septic removal by land spreading in the Lake Okeechobee

21  watershed may use a line item on local sewer rates to cover

22  wastewater residual treatment and disposal if such disposal

23  and treatment is done by approved alternative treatment

24  methodology at a facility located within the areas designated

25  by the Governor as rural areas of critical economic concern

26  pursuant to s. 288.0656. This additional line item is an

27  environmental protection disposal fee above the present sewer

28  rate and shall not be considered a part of the present sewer

29  rate to customers, notwithstanding provisions to the contrary

30  in chapter 367. The fee shall be established by the county

31  commission or its designated assignee in the county in which

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 1  the alternative method treatment facility is located. The fee

 2  shall be calculated to be no higher than that necessary to

 3  recover the facility's prudent cost of providing the service.

 4  Upon request by an affected county commission, the Florida

 5  Public Service Commission will provide assistance in

 6  establishing the fee. Further, for utilities and utility

 7  authorities that use the additional line item environmental

 8  protection disposal fee, such fee shall not be considered a

 9  rate increase under the rules of the Public Service Commission

10  and shall be exempt from such rules. Utilities using the

11  provisions of this section may immediately include in their

12  sewer invoicing the new environmental protection disposal fee.

13  Proceeds from this environmental protection disposal fee shall

14  be used for treatment and disposal of wastewater residuals,

15  including any treatment technology that helps reduce the

16  volume of residuals that require final disposal, but such

17  proceeds shall not be used for transportation or shipment

18  costs for disposal or any costs relating to the land

19  application of residuals in the Lake Okeechobee watershed.

20         c.  No less frequently than once every 3 years, the

21  Florida Public Service Commission or the county commission

22  through the services of an independent auditor shall perform a

23  financial audit of all facilities receiving compensation from

24  an environmental protection disposal fee. The Florida Public

25  Service Commission or the county commission through the

26  services of an independent auditor shall also perform an audit

27  of the methodology used in establishing the environmental

28  protection disposal fee. The Florida Public Service Commission

29  or the county commission shall, within 120 days after

30  completion of an audit, file the audit report with the

31  President of the Senate and the Speaker of the House of

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 1  Representatives and shall provide copies to the county

 2  commissions of the counties set forth in sub-subparagraph b.

 3  The books and records of any facilities receiving compensation

 4  from an environmental protection disposal fee shall be open to

 5  the Florida Public Service Commission and the Office of

 6  Government Accountability Auditor General for review upon

 7  request.

 8         7.  The Department of Health shall require all entities

 9  disposing of septage within the Lake Okeechobee watershed and

10  the remaining areas of Okeechobee, Glades, and Hendry Counties

11  to develop and submit to that agency, by July 1, 2003, an

12  agricultural use plan that limits applications based upon

13  phosphorus loading.  By July 1, 2005, phosphorus

14  concentrations originating from these application sites shall

15  not exceed the limits established in the district's WOD

16  program.

17         8.  The Department of Agriculture and Consumer Services

18  shall initiate rulemaking requiring entities within the Lake

19  Okeechobee watershed and the remaining areas of Okeechobee,

20  Glades, and Hendry Counties which land-apply animal manure to

21  develop conservation or nutrient management plans that limit

22  application, based upon phosphorus loading. Such rules may

23  include criteria and thresholds for the requirement to develop

24  a conservation or nutrient management plan, requirements for

25  plan approval, and recordkeeping requirements.

26         9.  Prior to authorizing a discharge into works of the

27  district, the district shall require responsible parties to

28  demonstrate that proposed changes in land use will not result

29  in increased phosphorus loading over that of existing land

30  uses.

31  

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 1         10.  The district, the department, or the Department of

 2  Agriculture and Consumer Services, as appropriate, shall

 3  implement those alternative nutrient reduction technologies

 4  determined to be feasible pursuant to subparagraph (d)6.

 5         Section 110.  Paragraph (a) of subsection (6) of

 6  section 373.536, Florida Statutes, is amended to read:

 7         373.536  District budget and hearing thereon.--

 8         (6)  FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS

 9  PLAN; WATER RESOURCE DEVELOPMENT WORK PROGRAM.--

10         (a)  Each district must, by the date specified for each

11  item, furnish copies of the following documents to the

12  Governor, the President of the Senate, the Speaker of the

13  House of Representatives, the chairs of all legislative

14  committees and subcommittees having substantive or fiscal

15  jurisdiction over the districts, as determined by the

16  President of the Senate or the Speaker of the House of

17  Representatives as applicable, the secretary of the

18  department, and the governing board of each county in which

19  the district has jurisdiction or derives any funds for the

20  operations of the district:

21         1.  The adopted budget, to be furnished within 10 days

22  after its adoption.

23         2.  A financial audit of its accounts and records, to

24  be furnished within 10 days after its acceptance by the

25  governing board. The audit must be conducted in accordance

26  with the provisions of s. 11.45 and the rules adopted

27  thereunder. In addition to the entities named above, the

28  district must provide a copy of the audit to the Office of

29  Government Accountability Auditor General within 10 days after

30  its acceptance by the governing board.

31  

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 1         3.  A 5-year capital improvements plan, to be furnished

 2  within 45 days after the adoption of the final budget. The

 3  plan must include expected sources of revenue for planned

 4  improvements and must be prepared in a manner comparable to

 5  the fixed capital outlay format set forth in s. 216.043.

 6         4.  A 5-year water resource development work program to

 7  be furnished within 45 days after the adoption of the final

 8  budget. The program must describe the district's

 9  implementation strategy for the water resource development

10  component of each approved regional water supply plan

11  developed or revised under s. 373.0361. The work program must

12  address all the elements of the water resource development

13  component in the district's approved regional water supply

14  plans. Within 45 days after its submittal, the department

15  shall review the proposed work program and submit its

16  findings, questions, and comments to the district. The review

17  must include a written evaluation of the program's consistency

18  with the furtherance of the district's approved regional water

19  supply plans, and the adequacy of proposed expenditures. As

20  part of the review, the department shall give interested

21  parties the opportunity to provide written comments on each

22  district's proposed work program. Within 60 days after receipt

23  of the department's evaluation, the governing board shall

24  state in writing to the department which changes recommended

25  in the evaluation it will incorporate into its work program or

26  specify the reasons for not incorporating the changes. The

27  department shall include the district's responses in a final

28  evaluation report and shall submit a copy of the report to the

29  Governor, the President of the Senate, and the Speaker of the

30  House of Representatives.

31  

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 1         Section 111.  Paragraph (c) of subsection (6) of

 2  section 403.1835, Florida Statutes, is amended to read:

 3         403.1835  Water pollution control financial

 4  assistance.--

 5         (6)  Prior to approval of financial assistance, the

 6  applicant shall:

 7         (c)  Provide assurance that records will be kept using

 8  generally accepted accounting principles and that the

 9  department, the Office of Government Accountability Auditor

10  General, or their agents will have access to all records

11  pertaining to the financial assistance provided.

12         Section 112.  Paragraph (d) of subsection (11) of

13  section 403.8532, Florida Statutes, is amended to read:

14         403.8532  Drinking water state revolving loan fund;

15  use; rules.--

16         (11)  Prior to approval of a loan, the local government

17  or public water system shall, at a minimum:

18         (d)  Provide assurance that records will be kept using

19  generally accepted accounting principles and that the

20  department or its agents and the Office of Government

21  Accountability Auditor General will have access to all records

22  pertaining to the loan.

23         Section 113.  Subsection (17) of section 409.2563,

24  Florida Statutes, is amended to read:

25         409.2563  Administrative establishment of child support

26  obligations.--

27         (17)  EVALUATION.--

28         (a)  For the purpose of identifying measurable outcomes

29  and evaluating the administrative process created by this

30  section, a study area shall be established. The study area

31  must be located in a county selected by the Department of

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 1  Revenue having a population of fewer than 500,000, in which

 2  the Title IV-D caseload did not exceed 20,000 cases, and the

 3  obligation rate was approximately 65 percent at the end of the

 4  1999-2000 fiscal year. The Department of Revenue shall develop

 5  measurable outcomes that at a minimum consist of the

 6  department's support order establishment performance measures

 7  that are applicable to the administrative process, a measure

 8  of the effectiveness of the administrative process in

 9  establishing support orders as compared to the judicial

10  process, and a measure of the cost efficiency of the

11  administrative process as compared to the judicial process.

12  The department shall use the procedures of this section to

13  establish support obligations in Title IV-D cases on behalf of

14  custodial parents or caretaker relatives residing in the

15  county selected for the study area. By June 30, 2002, the

16  Department of Revenue shall submit a report on the

17  implementation of the administrative process in the study area

18  to the Governor and Cabinet, the President of the Senate, and

19  the Speaker of the House of Representatives. The Office of

20  Program Policy Analysis and Government Accountability shall

21  conduct an evaluation of the operation and impact of the

22  administrative process in the study area. In evaluating the

23  administrative process, achievement of the measurable outcomes

24  must be considered. The Office of Program Policy Analysis and

25  Government Accountability shall submit an evaluation report on

26  the administrative process in the study area by June 30, 2003,

27  which must include the findings of the evaluation and any

28  recommendations to improve the administrative process

29  established by this section. The department shall report to

30  the Governor and Cabinet, the President of the Senate, and the

31  Speaker of the House of Representatives by June 30, 2004, on

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 1  the implementation and results of the procedures established

 2  by this section.

 3         (b)  The Office of Program Policy Analysis and

 4  Government Accountability shall conduct an evaluation of the

 5  statewide implementation of the administrative process for

 6  establishing child support provided for in this section. This

 7  evaluation shall examine whether these processes have been

 8  effectively implemented and administered statewide and are

 9  operating to the benefit of the children, including, but not

10  limited to the ability of Title IV-D parents to easily access

11  the court system for necessary court action. The Office of

12  Program Policy Analysis and Government Accountability shall

13  submit an evaluation report on the statewide implementation of

14  the administrative processes for establishing child support by

15  January 31, 2005.

16         Section 114.  Subsections (8) and (11) of section

17  411.01, Florida Statutes, are amended to read:

18         411.01  Florida Partnership for School Readiness;

19  school readiness coalitions.--

20         (8)  STANDARDS; OUTCOME MEASURES.--All publicly funded

21  school readiness programs shall be required to meet the

22  performance standards and outcome measures developed and

23  approved by the partnership. The Office of Program Policy

24  Analysis and Government Accountability shall provide

25  consultation to the partnership in the development of the

26  measures and standards. These performance standards and

27  outcome measures shall be applicable on a statewide basis.

28         (11)  REPORTS.--The Office of Program Policy Analysis

29  and Government Accountability shall assess the implementation,

30  efficiency, and outcomes of the school readiness program and

31  report its findings to the President of the Senate and the

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 1  Speaker of the House of Representatives by January 1, 2002.

 2  Subsequent reviews shall be conducted at the direction of the

 3  Joint Legislative Auditing Committee.

 4         Section 115.  Section 411.011, Florida Statutes, is

 5  amended to read:

 6         411.011  Records of children in school readiness

 7  programs.--The individual records of children enrolled in

 8  school readiness programs provided under s. 411.01, when held

 9  in the possession of the school readiness coalition or the

10  Florida Partnership for School Readiness, are confidential and

11  exempt from the provisions of s. 119.07 and s. 24(a), Art. I

12  of the State Constitution. For the purposes of this section,

13  records include assessment data, health data, records of

14  teacher observations, and identifying data, including the

15  child's social security number. A parent, guardian, or

16  individual acting as a parent in the absence of a parent or

17  guardian has the right to inspect and review the individual

18  school readiness program record of his or her child and to

19  obtain a copy of the record. School readiness records may be

20  released to the United States Secretary of Education, the

21  United States Secretary of Health and Human Services, and the

22  Comptroller General of the United States for the purpose of

23  federal audits; to individuals or organizations conducting

24  studies for institutions to develop, validate, or administer

25  assessments or improve instruction; to accrediting

26  organizations in order to carry out their accrediting

27  functions; to appropriate parties in connection with an

28  emergency if the information is necessary to protect the

29  health or safety of the student or other individuals; to the

30  Office of Government Accountability Auditor General in

31  connection with its his or her official functions; to a court

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 1  of competent jurisdiction in compliance with an order of that

 2  court pursuant to a lawfully issued subpoena; and to parties

 3  to an interagency agreement among school readiness coalitions,

 4  local governmental agencies, providers of school readiness

 5  programs, state agencies, and the Florida Partnership for

 6  School Readiness for the purpose of implementing the school

 7  readiness program. Agencies, organizations, or individuals

 8  that receive school readiness records in order to carry out

 9  their official functions must protect the data in a manner

10  that will not permit the personal identification of students

11  and their parents by persons other than those authorized to

12  receive the records. This section is subject to the Open

13  Government Sunset Review Act of 1995 in accordance with s.

14  119.15 and shall stand repealed on October 2, 2005, unless

15  reviewed and saved from repeal through reenactment by the

16  Legislature.

17         Section 116.  Subsection (2) of section 411.221,

18  Florida Statutes, is amended to read:

19         411.221  Prevention and early assistance strategic

20  plan; agency responsibilities.--

21         (2)  The strategic plan and subsequent plan revisions

22  shall incorporate and otherwise utilize, to the fullest extent

23  possible, the evaluation findings and recommendations from

24  intraagency, independent third-party, field projects, and

25  reports issued by the Auditor General or the Office of Program

26  Policy Analysis and Government Accountability, as well as the

27  recommendations of the State Coordinating Council for School

28  Readiness Programs.

29         Section 117.  Subsection (1) of section 421.091,

30  Florida Statutes, is amended to read:

31  

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 1         421.091  Financial accounting and investments; fiscal

 2  year.--

 3         (1)  A complete and full financial accounting and audit

 4  in accordance with federal audit standards of public housing

 5  agencies shall be made biennially by a certified public

 6  accountant. A copy of such audit shall be filed with the

 7  governing body and with the Office of Government

 8  Accountability Auditor General.

 9         Section 118.  Subsection (2) of section 427.705,

10  Florida Statutes, is amended to read:

11         427.705  Administration of the telecommunications

12  access system.--

13         (2)  The administrator shall be audited annually by an

14  independent auditing firm to assure proper management of any

15  revenues it receives and disburses. The administrator's books

16  and records shall be open to the commission and to the Office

17  of Government Accountability Auditor General for review upon

18  request. The commission shall have the authority to establish

19  fiscal and operational requirements for the administrator to

20  follow in order to ensure that the administrative costs of the

21  system are reasonable.

22         Section 119.  Section 443.1316, Florida Statutes, is

23  amended to read:

24         443.1316  Contract with Department of Revenue for

25  unemployment tax collection services.--By January 1, 2001, the

26  Agency for Workforce Innovation shall enter into a contract

27  with the Department of Revenue which shall provide for the

28  Department of Revenue to provide unemployment tax collection

29  services.  The Department of Revenue, in consultation with the

30  Department of Labor and Employment Security, shall determine

31  the number of positions needed to provide unemployment tax

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 1  collection services within the Department of Revenue.  The

 2  number of unemployment tax collection service positions the

 3  Department of Revenue determines are needed shall not exceed

 4  the number of positions that, prior to the contract, were

 5  authorized to the Department of Labor and Employment Security

 6  for this purpose.  Upon entering into the contract with the

 7  Agency for Workforce Innovation to provide unemployment tax

 8  collection services, the number of required positions, as

 9  determined by the Department of Revenue, shall be authorized

10  within the Department of Revenue.  Beginning January 1, 2002,

11  the Office of Program Policy Analysis and Government

12  Accountability shall conduct a feasibility study regarding

13  privatization of unemployment tax collection services.  A

14  report on the conclusions of this study shall be submitted to

15  the Governor, the President of the Senate, and the Speaker of

16  the House of Representatives. The Department of Revenue is

17  considered to be administering a revenue law of this state

18  when the department provides unemployment compensation tax

19  collection services pursuant to a contract of the department

20  with the Agency for Workforce Innovation. Sections 213.018,

21  213.025, 213.051, 213.053, 213.055, 213.071, 213.10, 213.2201,

22  213.23, 213.24(2), 213.27, 213.28, 213.285, 213.37, 213.50,

23  213.67, 213.69, 213.73, 213.733, 213.74, and 213.757 apply to

24  the collection of unemployment contributions by the Department

25  of Revenue unless prohibited by federal law.

26         Section 120.  Subsection (6) of section 445.003,

27  Florida Statutes, is amended to read:

28         445.003  Implementation of the federal Workforce

29  Investment Act of 1998.--

30         (6)  LONG-TERM CONSOLIDATION OF WORKFORCE

31  DEVELOPMENT.--

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 1         (a)  Workforce Florida, Inc., may recommend

 2  workforce-related divisions, bureaus, units, programs, duties,

 3  commissions, boards, and councils that can be eliminated,

 4  consolidated, or privatized.

 5         (b)  The Office of Program Policy Analysis and

 6  Government Accountability shall review the workforce

 7  development system, as established by this act. The office

 8  shall submit its final report and recommendations by December

 9  31, 2002, to the President of the Senate and the Speaker of

10  the House of Representatives.

11         Section 121.  Subsections (8) and (9) of section

12  445.004, Florida Statutes, are amended to read:

13         445.004  Workforce Florida, Inc.; creation; purpose;

14  membership; duties and powers.--

15         (8)  The Auditor General may, pursuant to his or her

16  own authority or at the direction of the Legislative Auditing

17  Committee, conduct an audit of Workforce Florida, Inc., or the

18  programs or entities created by Workforce Florida, Inc. The

19  Office of Program Policy Analysis and Government

20  Accountability, pursuant to its authority or at the direction

21  of the Legislative Auditing Committee, may review the systems

22  and controls related to performance outcomes and quality of

23  services of Workforce Florida, Inc.

24         (8)(9)  Workforce Florida, Inc., in collaboration with

25  the regional workforce boards and appropriate state agencies

26  and local public and private service providers, and in

27  consultation with the Office of Program Policy Analysis and

28  Government Accountability, shall establish uniform measures

29  and standards to gauge the performance of the workforce

30  development strategy. These measures and standards must be

31  organized into three outcome tiers.

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 1         (a)  The first tier of measures must be organized to

 2  provide benchmarks for systemwide outcomes. Workforce Florida,

 3  Inc., must, in collaboration with the Office of Program Policy

 4  Analysis and Government Accountability, establish goals for

 5  the tier-one outcomes. Systemwide outcomes may include

 6  employment in occupations demonstrating continued growth in

 7  wages; continued employment after 3, 6, 12, and 24 months;

 8  reduction in and elimination of public assistance reliance;

 9  job placement; employer satisfaction; and positive return on

10  investment of public resources.

11         (b)  The second tier of measures must be organized to

12  provide a set of benchmark outcomes for the initiatives of the

13  First Jobs/First Wages Council, the Better Jobs/Better Wages

14  Council, and the High Skills/High Wages Council and for each

15  of the strategic components of the workforce development

16  strategy. Cost per entered employment, earnings at placement,

17  retention in employment, job placement, and entered employment

18  rate must be included among the performance outcome measures.

19         (c)  The third tier of measures must be the operational

20  output measures to be used by the agency implementing

21  programs, and it may be specific to federal requirements. The

22  tier-three measures must be developed by the agencies

23  implementing programs, and Workforce Florida, Inc., may be

24  consulted in this effort. Such measures must be reported to

25  Workforce Florida, Inc., by the appropriate implementing

26  agency.

27         (d)  Regional differences must be reflected in the

28  establishment of performance goals and may include job

29  availability, unemployment rates, average worker wage, and

30  available employable population.

31  

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 1         (e)  Job placement must be reported pursuant to s.

 2  1008.39. Positive outcomes for providers of education and

 3  training must be consistent with ss. 1008.42 and 1008.43.

 4         (f)  The uniform measures of success that are adopted

 5  by Workforce Florida, Inc., or the regional workforce boards

 6  must be developed in a manner that provides for an equitable

 7  comparison of the relative success or failure of any service

 8  provider in terms of positive outcomes.

 9         (g)  By December 1 of each year, Workforce Florida,

10  Inc., shall provide the Legislature with a report detailing

11  the performance of Florida's workforce development system, as

12  reflected in the three-tier measurement system. Additionally,

13  this report must benchmark Florida outcomes, at all tiers,

14  against other states that collect data similarly.

15         Section 122.  Paragraph (d) of subsection 445.009,

16  Florida Statutes, is repealed.

17         Section 123.  Subsection (10) of section 446.609,

18  Florida Statutes, is amended to read:

19         446.609  Jobs for Florida's Graduates Act.--

20         (10)  ASSESSMENT OF PROGRAM RESULTS.--The success of

21  the Jobs for Florida's Graduates Program shall be assessed as

22  follows:

23         (a)  No later than November 1 of each year of the Jobs

24  for Florida's Graduates Program, Jobs for America's Graduates,

25  Inc., shall conduct and deliver to the Office of Program

26  Policy Analysis and Government Accountability a full review

27  and report of the program's activities. The Office of Program

28  Policy Analysis and Government Accountability shall audit and

29  review the report and deliver the report, along with its

30  analysis and any recommendations for expansion, curtailment,

31  

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 1  modification, or continuation, to the board not later than

 2  December 31 of the same year.

 3         (b)  Beginning in the first year of the Jobs for

 4  Florida's Graduates Program, the Office of Economic and

 5  Demographic Research shall undertake, during the initial

 6  phase, an ongoing longitudinal study of participants to

 7  determine the overall efficacy of the program.  The division

 8  shall transmit its findings each year to the Office of Program

 9  Policy Analysis and Government Accountability for inclusion in

10  the report provided for in paragraph (a).

11         Section 124.  Paragraph (d) of subsection (3) and

12  subsection (9) of section 455.32, Florida Statutes, are

13  amended to read:

14         455.32  Management Privatization Act.--

15         (3)  Based upon the request of any board, commission,

16  or council, the department is authorized to contract with a

17  corporation or other business entity to perform support

18  services specified in the contract. The contract must be in

19  compliance with this section and other applicable laws and

20  must be approved by the board before the department enters

21  into the contract. The department shall retain responsibility

22  for any duties it currently exercises relating to its police

23  powers and any other current duty that is not provided to the

24  corporation by the contract. The contract shall provide, at a

25  minimum, that:

26         (d)  The corporation keep financial and statistical

27  information as necessary to completely disclose the financial

28  condition and operation of the project and as requested by the

29  Office of Program Policy Analysis and Government

30  Accountability, the Auditor General, and the department.

31  

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 1         (9)  The corporation shall provide for an annual

 2  financial audit of its financial accounts and records by an

 3  independent certified public accountant. The annual audit

 4  report shall include a management letter in accordance with s.

 5  11.45 and a detailed supplemental schedule of expenditures for

 6  each expenditure category. The annual audit report must be

 7  submitted to the board, the department, and the Office of

 8  Government Accountability Auditor General for review.

 9         Section 125.  Paragraph (j) of subsection (3) of

10  section 471.038, Florida Statutes, is amended to read:

11         471.038  Florida Engineers Management Corporation.--

12         (3)  The Florida Engineers Management Corporation is

13  created to provide administrative, investigative, and

14  prosecutorial services to the board in accordance with the

15  provisions of chapter 455 and this chapter. The management

16  corporation may hire staff as necessary to carry out its

17  functions. Such staff are not public employees for the

18  purposes of chapter 110 or chapter 112, except that the board

19  of directors and the staff are subject to the provisions of s.

20  112.061. The provisions of s. 768.28 apply to the management

21  corporation, which is deemed to be a corporation primarily

22  acting as an instrumentality of the state, but which is not an

23  agency within the meaning of s. 20.03(11). The management

24  corporation shall:

25         (j)  Provide for an annual financial audit of its

26  financial accounts and records by an independent certified

27  public accountant. The annual audit report shall include a

28  management letter in accordance with s. 11.45 and a detailed

29  supplemental schedule of expenditures for each expenditure

30  category. The annual audit report must be submitted to the

31  

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 1  board, the department, and the Office of Government

 2  Accountability Auditor General for review.

 3         Section 126.  Subsection (4) of section 527.22, Florida

 4  Statutes, is amended to read:

 5         527.22  Florida Propane Gas Education, Safety, and

 6  Research Council established; membership; duties and

 7  responsibilities.--

 8         (4)  The council shall keep minutes, accounting

 9  records, and other records as necessary to clearly reflect all

10  of the acts and transactions of the council and regularly

11  report such information to the commissioner, along with such

12  other information as the commissioner requires. All records of

13  the council shall be kept on file with the department, and

14  these records and other documents about matters within the

15  jurisdiction of the council shall be subject to the review and

16  inspection of the department's Inspector General, the Office

17  of Government Accountability Auditor General the members of

18  the council, or other interested parties upon request. All

19  records of the council are subject to the provisions of s.

20  119.07.

21         Section 127.  Paragraph (c) of subsection (2) of

22  section 550.125, Florida Statutes, is amended to read:

23         550.125  Uniform reporting system; bond requirement.--

24         (2)

25         (c)  The Auditor General and the Office of Program

26  Policy Analysis and Government Accountability may, pursuant to

27  the direction of the Auditor General their own authority or at

28  the direction of the Legislative Auditing Committee, audit,

29  examine, and check the books and records of any permitholder.

30  These audit reports shall become part of, and be maintained

31  in, the division files.

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 1         Section 128.  Paragraph (d) of subsection (10) of

 2  section 601.15, Florida Statutes, is amended to read:

 3         601.15  Advertising campaign; methods of conducting;

 4  excise tax; emergency reserve fund; citrus research.--

 5         (10)  The powers and duties of the Department of Citrus

 6  include the following:

 7         (d)  To keep books, records, and accounts of all of its

 8  activities, which books, records, and accounts shall be open

 9  to inspection, audit, and examination by the Auditor General

10  and the Office of Program Policy Analysis and Government

11  Accountability.

12         Section 129.  Subsection (2) of section 616.263,

13  Florida Statutes, is amended to read:

14         616.263  Annual reports of authority.--

15         (2)  The authority shall at all times maintain proper

16  accounting systems and procedures and shall be subject to

17  audit by the Office of Government Accountability Auditor

18  General.

19         Section 130.  Subsection (5) of section 744.708,

20  Florida Statutes, is amended to read:

21         744.708  Reports and standards.--

22         (5)  An independent audit by a qualified certified

23  public accountant shall be performed at least every 2 years.

24  The audit should include an investigation into the practices

25  of the office for managing the person and property of the

26  wards. A copy of the report shall be submitted to the

27  Statewide Public Guardianship Office. In addition, the office

28  of public guardian shall be subject to audits or examinations

29  by the Auditor General and the Office of Program Policy

30  Analysis and Government Accountability pursuant to law.

31  

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 1         Section 131.  Subsection (3) of section 943.25, Florida

 2  Statutes, is amended to read:

 3         943.25  Criminal justice trust funds; source of funds;

 4  use of funds.--

 5         (3)  The Office of Government Accountability Auditor

 6  General is directed in its her or his audit of courts to

 7  ascertain that such assessments have been collected and

 8  remitted and shall report to the Legislature. All such records

 9  of the courts shall be open for its her or his inspection. The

10  Office of Government Accountability Auditor General is further

11  directed to conduct audits of the expenditures of the trust

12  funds and to report to the Legislature. Such audits shall be

13  conducted in accordance with s. 11.45.

14         Section 132.  Subsection (1) of section 944.105,

15  Florida Statutes, is amended to read:

16         944.105  Contractual arrangements with private entities

17  for operation and maintenance of correctional facilities and

18  supervision of inmates.--

19         (1)  The Department of Corrections is authorized to

20  enter into contracts with private vendors for the provision of

21  the operation and maintenance of correctional facilities and

22  the supervision of inmates.  However, no such contract shall

23  be entered into or renewed unless:

24         (a)  The contract offers a substantial savings to the

25  department, as determined by the department.  In determining

26  the cost savings, the department, after consultation with the

27  Office of Government Accountability Auditor General, shall

28  calculate all the cost components that contribute to the

29  inmate per diem, including all administrative costs associated

30  with central and regional office administration. Services

31  which are provided to the department by other government

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 1  agencies without any direct cost to the department shall be

 2  assigned an equivalent cost and included in the per diem.  The

 3  private firm shall be assessed the total annual cost to the

 4  state of monitoring the contract;

 5         (b)  The contract provides for the same quality of

 6  services as that offered by the department; and

 7         (c)  The Legislature has given specific appropriation

 8  for the contract.

 9         Section 133.  Paragraph (c) of subsection (2) of

10  section 944.512, Florida Statutes, is amended to read:

11         944.512  State lien on proceeds from literary or other

12  type of account of crime for which convicted.--

13         (2)  The proceeds of such account shall be distributed

14  in the following order:

15         (c)  After payments have been made pursuant to

16  paragraph (a) or paragraph (b), an amount equal to pay all

17  court costs in the prosecution of the convicted felon, which

18  shall include, but not be limited to, jury fees and expenses,

19  court reporter fees, and reasonable per diem for the

20  prosecuting attorneys for the state, shall go to the General

21  Revenue Fund. Additional costs shall be assessed for the

22  computed per capita cost of imprisonment or supervision by the

23  state or county correctional system. Such costs shall be

24  determined and certified by the prosecuting attorney and the

25  imprisoning entity and subject to review by the Office of

26  Government Accountability Auditor General.

27         Section 134.  Subsections (3) and (5) of section

28  944.719, Florida Statutes, are amended to read:

29         944.719  Adoption of rules, monitoring, and

30  reporting.--

31  

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 1         (3)  The private vendor shall provide a work area at

 2  the private correctional facility for use by the contract

 3  monitor appointed by the department and shall provide the

 4  monitor with access to all data, reports, and other materials

 5  that the monitor and, the Auditor General, and the Office of

 6  Program Policy Analysis and Government Accountability

 7  determine are necessary to carry out monitoring and auditing

 8  responsibilities.

 9         (5)  The Office of Program Policy Analysis and

10  Government Accountability shall conduct a performance audit,

11  including a review of the annual financial audit of the

12  private entity and shall deliver a report to the Legislature

13  by February 1 of the third year following any contract awarded

14  by the department for the operation of a correctional facility

15  by a private vendor.

16         (a)  The report shall determine the reasonableness of

17  the cost analysis procedures used by the department for

18  comparing services provided under the contract and for

19  comparing the quality of the services provided under the

20  contract with the costs and quality of similar services

21  provided by the department.

22         (b)  In preparing the report, the office shall

23  consider, in addition to other factors it determines are

24  significant:

25         1.  The extent to which the private vendor and the

26  department have complied with the terms of the contract and

27  ss. 944.710-944.719.

28         2.  The wages and benefits that are provided to the

29  staff of the private correctional facility as compared to

30  wages and benefits provided to employees of the department

31  performing comparable tasks.

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 1         Section 135.  Subsections (1) and (3) of section

 2  946.516, Florida Statutes, are amended to read:

 3         946.516  Corporation status report and annual financial

 4  audit report.--

 5         (1)  The corporation shall submit to the Governor and

 6  the Legislature, on or before July 1 of each year, a report on

 7  the status of the correctional work programs, including, but

 8  not limited to, the proposed use of the profits from such

 9  programs, a breakdown of the amount of noninmate labor used,

10  work subcontracted to other vendors, use of consultants,

11  finished goods purchased for resale, and the number of inmates

12  working in the correctional work programs at the time of such

13  report. In addition, the corporation shall submit to the

14  department, the Governor, the Legislature, and the Office of

15  Government Accountability Auditor General an annual financial

16  audit report and such other information as may be requested by

17  the Legislature, together with recommendations relating to

18  provisions for reasonable tax incentives to private

19  enterprises which employ inmates, parolees, or former inmates

20  who have participated in correctional work programs.

21         (3)  The corporation shall have an annual financial

22  audit of its accounts and records by an independent certified

23  public accountant retained by it and paid from its funds. The

24  Auditor General or the director of the Office of Program

25  Policy Analysis and Government Accountability may, pursuant to

26  his or her own authority or at the direction of the Joint

27  Legislative Auditing Committee, conduct an audit of the

28  corporation.

29         Section 136.  Subsection (3) of section 948.15, Florida

30  Statutes, is amended to read:

31         948.15  Misdemeanor probation services.--

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 1         (3)  Any private entity providing services for the

 2  supervision of misdemeanor probationers must contract with the

 3  county in which the services are to be rendered. In a county

 4  with a population of less than 70,000, the county court judge,

 5  or the administrative judge of the county court in a county

 6  that has more than one county court judge, must approve the

 7  contract. Terms of the contract must state, but are not

 8  limited to:

 9         (a)  The extent of the services to be rendered by the

10  entity providing supervision or rehabilitation.

11         (b)  Staff qualifications and criminal record checks of

12  staff in accordance with essential standards established by

13  the American Correctional Association as of January 1, 1991.

14         (c)  Staffing levels.

15         (d)  The number of face-to-face contacts with the

16  offender.

17         (e)  Procedures for handling the collection of all

18  offender fees and restitution.

19         (f)  Procedures for handling indigent offenders which

20  ensure placement irrespective of ability to pay.

21         (g)  Circumstances under which revocation of an

22  offender's probation may be recommended.

23         (h)  Reporting and recordkeeping requirements.

24         (i)  Default and contract termination procedures.

25         (j)  Procedures that aid offenders with job assistance.

26  

27  In addition, the entity shall supply the chief judge's office

28  with a quarterly report summarizing the number of offenders

29  supervised by the private entity, payment of the required

30  contribution under supervision or rehabilitation, and the

31  number of offenders for whom supervision or rehabilitation

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 1  will be terminated. All records of the entity must be open to

 2  inspection upon the request of the county, the court, the

 3  Auditor General, the Office of Program Policy Analysis and

 4  Government Accountability, or agents thereof.

 5         Section 137.  Paragraph (a) of subsection (5) of

 6  section 957.07, Florida Statutes, is amended to read:

 7         957.07  Cost-saving requirements.--

 8         (5)(a)  By February 1, 2002, and each year thereafter,

 9  the Prison Per-Diem Workgroup shall develop consensus per diem

10  rates to be used when determining per diem rates of privately

11  operated prisons. The Office of Program Policy Analysis and

12  Government Accountability, the Office of the Auditor General,

13  and the staffs of the appropriations committees of both the

14  Senate and the House of Representatives are the principals of

15  the workgroup. The workgroup may consult with other experts to

16  assist in the development of the consensus per diem rates. All

17  meetings of the workgroup shall be open to the public as

18  provided in chapter 286.

19         Section 138.  Section 957.11, Florida Statutes, is

20  amended to read:

21         957.11  Evaluation of costs and benefits of

22  contracts.--The Office of Program Policy Analysis and

23  Government Accountability may conduct an examination shall

24  develop and implement an evaluation of the costs and benefits

25  of each contract entered into under this chapter. This

26  evaluation must include a comparison of the costs and benefits

27  of constructing and operating prisons by the state versus by

28  private contractors. The Office of Program Policy Analysis and

29  Government Accountability shall also evaluate the performance

30  of the private contractor at the end of the term of each

31  management contract and make recommendations to the Speaker of

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 1  the House of Representatives and the President of the Senate

 2  on whether to continue the contract.

 3         Section 139.  Paragraph (a) of subsection (1) of

 4  section 985.31, Florida Statutes, is amended to read:

 5         985.31  Serious or habitual juvenile offender.--

 6         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

 7  the provisions of this chapter and the establishment of

 8  appropriate program guidelines and standards, contractual

 9  instruments, which shall include safeguards of all

10  constitutional rights, shall be developed as follows:

11         (a)  The department shall provide for:

12         1.  The oversight of implementation of assessment and

13  treatment approaches.

14         2.  The identification and prequalification of

15  appropriate individuals or not-for-profit organizations,

16  including minority individuals or organizations when possible,

17  to provide assessment and treatment services to serious or

18  habitual delinquent children.

19         3.  The monitoring and evaluation of assessment and

20  treatment services for compliance with the provisions of this

21  chapter and all applicable rules and guidelines pursuant

22  thereto.

23         4.  The development of an annual report on the

24  performance of assessment and treatment to be presented to the

25  Governor, the Attorney General, the President of the Senate,

26  the Speaker of the House of Representatives, and the Office of

27  Government Accountability Auditor General no later than

28  January 1 of each year.

29         Section 140.  Paragraph (a) of subsection (1) of

30  section 985.311, Florida Statutes, is amended to read:

31  

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 1         985.311  Intensive residential treatment program for

 2  offenders less than 13 years of age.--

 3         (1)  ASSESSMENT AND TREATMENT SERVICES.--Pursuant to

 4  the provisions of this chapter and the establishment of

 5  appropriate program guidelines and standards, contractual

 6  instruments, which shall include safeguards of all

 7  constitutional rights, shall be developed for intensive

 8  residential treatment programs for offenders less than 13

 9  years of age as follows:

10         (a)  The department shall provide for:

11         1.  The oversight of implementation of assessment and

12  treatment approaches.

13         2.  The identification and prequalification of

14  appropriate individuals or not-for-profit organizations,

15  including minority individuals or organizations when possible,

16  to provide assessment and treatment services to intensive

17  offenders less than 13 years of age.

18         3.  The monitoring and evaluation of assessment and

19  treatment services for compliance with the provisions of this

20  chapter and all applicable rules and guidelines pursuant

21  thereto.

22         4.  The development of an annual report on the

23  performance of assessment and treatment to be presented to the

24  Governor, the Attorney General, the President of the Senate,

25  the Speaker of the House of Representatives, the Auditor

26  General, and the Office of Program Policy Analysis and

27  Government Accountability no later than January 1 of each

28  year.

29         Section 141.  Paragraph (d) of subsection (4) of

30  section 985.412, Florida Statutes, is amended to read:

31         985.412  Quality assurance and cost-effectiveness.--

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 1         (4)

 2         (d)  In collaboration with the Office of Economic and

 3  Demographic Research, and contract service providers, the

 4  department shall develop a work plan to refine the

 5  cost-effectiveness model so that the model is consistent with

 6  the performance-based program budgeting measures approved by

 7  the Legislature to the extent the department deems

 8  appropriate. The department shall notify the Office of Program

 9  Policy Analysis and Government Accountability of any meetings

10  to refine the model.

11         Section 142.  Subsection (3) of section 985.416,

12  Florida Statutes, is amended to read:

13         985.416  Innovation zones.--The department shall

14  encourage each of the juvenile justice circuit boards to

15  propose at least one innovation zone within the circuit for

16  the purpose of implementing any experimental, pilot, or

17  demonstration project that furthers the legislatively

18  established goals of the department. An innovation zone is a

19  defined geographic area such as a circuit, commitment region,

20  county, municipality, service delivery area, school campus, or

21  neighborhood providing a laboratory for the research,

22  development, and testing of the applicability and efficacy of

23  model programs, policy options, and new technologies for the

24  department.

25         (3)  Before implementing an innovation zone under this

26  subsection, the secretary shall, in conjunction with the

27  Office of Program Policy Analysis and Government

28  Accountability, develop measurable and valid objectives for

29  such zone within a negotiated reasonable period of time.

30  Moneys designated for an innovation zone in one operating

31  

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 1  circuit may not be used to fund an innovation zone in another

 2  operating circuit.

 3         Section 143.  Subsection (4) of section 1001.24,

 4  Florida Statutes, is amended to read:

 5         1001.24  Direct-support organization; use of property;

 6  board of directors; audit.--

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

 8  shall provide for an annual financial audit in accordance with

 9  s. 215.981. The identity of donors who desire to remain

10  anonymous shall be protected, and that anonymity shall be

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

12  organization other than the auditor's report, management

13  letter, and any supplemental data requested by the Auditor

14  General and the Office of Program Policy Analysis and

15  Government Accountability shall be confidential and exempt

16  from the provisions of s. 119.07(1).

17         Section 144.  Subsection (4) of section 1001.453,

18  Florida Statutes, is amended to read:

19         1001.453  Direct-support organization; use of property;

20  board of directors; audit.--

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

22  with more than $100,000 in expenditures or expenses shall

23  provide for an annual financial audit of its financial

24  statements in order to express an opinion on the fairness with

25  which they are presented in accordance with generally accepted

26  accounting principles. The audit is accounts and records, to

27  be conducted by an independent certified public accountant in

28  accordance with rules adopted by the Office of Government

29  Accountability Auditor General pursuant to s. 11.45(8) and the

30  Commissioner of Education. The annual audit report shall be

31  submitted within 9 months after the fiscal year's end to the

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 1  district school board and the Office of Government

 2  Accountability Auditor General. The Commissioner of Education,

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

 4  and Government Accountability have the authority to require

 5  and receive from the organization or the district auditor any

 6  records relative to the operation of the organization. The

 7  identity of donors and all information identifying donors and

 8  prospective donors are confidential and exempt from the

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

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

11  information shall be considered public records for the

12  purposes of chapter 119.

13         Section 145.  Paragraph (d) of subsection (3) of

14  section 1002.22, Florida Statutes, is amended to read:

15         1002.22  Student records and reports; rights of parents

16  and students; notification; penalty.--

17         (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any

18  student who attends or has attended any public school, area

19  technical center, or public postsecondary educational

20  institution shall have the following rights with respect to

21  any records or reports created, maintained, and used by any

22  public educational institution in the state.  However,

23  whenever a student has attained 18 years of age, or is

24  attending a postsecondary educational institution, the

25  permission or consent required of, and the rights accorded to,

26  the parents of the student shall thereafter be required of and

27  accorded to the student only, unless the student is a

28  dependent student of such parents as defined in 26 U.S.C. s.

29  152 (s. 152 of the Internal Revenue Code of 1954). The State

30  Board of Education shall adopt rules whereby parents or

31  students may exercise these rights:

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 1         (d)  Right of privacy.--Every student shall have a

 2  right of privacy with respect to the educational records kept

 3  on him or her. Personally identifiable records or reports of a

 4  student, and any personal information contained therein, are

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

 6  No state or local educational agency, board, public school,

 7  technical center, or public postsecondary educational

 8  institution shall permit the release of such records, reports,

 9  or information without the written consent of the student's

10  parent, or of the student himself or herself if he or she is

11  qualified as provided in this subsection, to any individual,

12  agency, or organization.  However, personally identifiable

13  records or reports of a student may be released to the

14  following persons or organizations without the consent of the

15  student or the student's parent:

16         1.  Officials of schools, school systems, technical

17  centers, or public postsecondary educational institutions in

18  which the student seeks or intends to enroll; and a copy of

19  such records or reports shall be furnished to the parent or

20  student upon request.

21         2.  Other school officials, including teachers within

22  the educational institution or agency, who have legitimate

23  educational interests in the information contained in the

24  records.

25         3.  The United States Secretary of Education, the

26  Director of the National Institute of Education, the Assistant

27  Secretary for Education, the Comptroller General of the United

28  States, or state or local educational authorities who are

29  authorized to receive such information subject to the

30  conditions set forth in applicable federal statutes and

31  regulations of the United States Department of Education, or

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 1  in applicable state statutes and rules of the State Board of

 2  Education.

 3         4.  Other school officials, in connection with a

 4  student's application for or receipt of financial aid.

 5         5.  Individuals or organizations conducting studies for

 6  or on behalf of an institution or a board of education for the

 7  purpose of developing, validating, or administering predictive

 8  tests, administering student aid programs, or improving

 9  instruction, if such studies are conducted in such a manner as

10  will not permit the personal identification of students and

11  their parents by persons other than representatives of such

12  organizations and if such information will be destroyed when

13  no longer needed for the purpose of conducting such studies.

14         6.  Accrediting organizations, in order to carry out

15  their accrediting functions.

16         7.  School readiness coalitions and the Florida

17  Partnership for School Readiness in order to carry out their

18  assigned duties.

19         8.  For use as evidence in student expulsion hearings

20  conducted by a district school board pursuant to the

21  provisions of chapter 120.

22         9.  Appropriate parties in connection with an

23  emergency, if knowledge of the information in the student's

24  educational records is necessary to protect the health or

25  safety of the student or other individuals.

26         10.  The Auditor General and the Office of Program

27  Policy Analysis and Government Accountability in connection

28  with their official functions; however, except when the

29  collection of personally identifiable information is

30  specifically authorized by law, any data collected by the

31  Auditor General and the Office of Program Policy Analysis and

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 1  Government Accountability is confidential and exempt from the

 2  provisions of s. 119.07(1) and shall be protected in such a

 3  way as will not permit the personal identification of students

 4  and their parents by other than the Auditor General, the

 5  Office of Program Policy Analysis and Government

 6  Accountability, and its their staff, and such personally

 7  identifiable data shall be destroyed when no longer needed for

 8  the Auditor General's and the Office of Program Policy

 9  Analysis and Government Accountability's official use.

10         11.a.  A court of competent jurisdiction in compliance

11  with an order of that court or the attorney of record pursuant

12  to a lawfully issued subpoena, upon the condition that the

13  student and the student's parent are notified of the order or

14  subpoena in advance of compliance therewith by the educational

15  institution or agency.

16         b.  A person or entity pursuant to a court of competent

17  jurisdiction in compliance with an order of that court or the

18  attorney of record pursuant to a lawfully issued subpoena,

19  upon the condition that the student, or his or her parent if

20  the student is either a minor and not attending a

21  postsecondary educational institution or a dependent of such

22  parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal

23  Revenue Code of 1954), is notified of the order or subpoena in

24  advance of compliance therewith by the educational institution

25  or agency.

26         12.  Credit bureaus, in connection with an agreement

27  for financial aid that the student has executed, provided that

28  such information may be disclosed only to the extent necessary

29  to enforce the terms or conditions of the financial aid

30  agreement. Credit bureaus shall not release any information

31  obtained pursuant to this paragraph to any person.

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 1         13.  Parties to an interagency agreement among the

 2  Department of Juvenile Justice, school and law enforcement

 3  authorities, and other signatory agencies for the purpose of

 4  reducing juvenile crime and especially motor vehicle theft by

 5  promoting cooperation and collaboration, and the sharing of

 6  appropriate information in a joint effort to improve school

 7  safety, to reduce truancy and in-school and out-of-school

 8  suspensions, and to support alternatives to in-school and

 9  out-of-school suspensions and expulsions that provide

10  structured and well-supervised educational programs

11  supplemented by a coordinated overlay of other appropriate

12  services designed to correct behaviors that lead to truancy,

13  suspensions, and expulsions, and that support students in

14  successfully completing their education.  Information provided

15  in furtherance of such interagency agreements is intended

16  solely for use in determining the appropriate programs and

17  services for each juvenile or the juvenile's family, or for

18  coordinating the delivery of such programs and services, and

19  as such is inadmissible in any court proceedings prior to a

20  dispositional hearing unless written consent is provided by a

21  parent or other responsible adult on behalf of the juvenile.

22  

23  This paragraph does not prohibit any educational institution

24  from publishing and releasing to the general public directory

25  information relating to a student if the institution elects to

26  do so.  However, no educational institution shall release, to

27  any individual, agency, or organization that is not listed in

28  subparagraphs 1.-13., directory information relating to the

29  student body in general or a portion thereof unless it is

30  normally published for the purpose of release to the public in

31  general.  Any educational institution making directory

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 1  information public shall give public notice of the categories

 2  of information that it has designated as directory information

 3  with respect to all students attending the institution and

 4  shall allow a reasonable period of time after such notice has

 5  been given for a parent or student to inform the institution

 6  in writing that any or all of the information designated

 7  should not be released.

 8         Section 146.  Subsection (3) of section 1002.36,

 9  Florida Statutes, is repealed.

10         Section 147.  Paragraph (d) of subsection (5) of

11  section 1002.37, Florida Statutes, is amended to read:

12         1002.37  The Florida Virtual School.--

13         (5)  The board of trustees shall annually submit to the

14  Governor, the Legislature, the Commissioner of Education, and

15  the State Board of Education a complete and detailed report

16  setting forth:

17         (d)  A copy of an annual financial audit of the

18  accounts and records of the Florida Virtual School, conducted

19  by an independent certified public accountant and performed in

20  accordance with rules adopted by the Office of Government

21  Accountability Auditor General.

22         Section 148.  Subsection (5) of section 1004.28,

23  Florida Statutes, is amended to read:

24         1004.28  Direct-support organizations; use of property;

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

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

27  shall provide for an annual financial audit of its financial

28  statements in order to express an opinion on the fairness with

29  which they are presented in accordance with generally accepted

30  accounting principles. The audit is accounts and records to be

31  conducted by an independent certified public accountant in

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 1  accordance with rules adopted by the Office of Government

 2  Accountability Auditor General pursuant to s. 11.45 s.

 3  11.45(8) and by the university board of trustees.  The annual

 4  audit report shall be submitted, within 9 months after the end

 5  of the fiscal year, to the Office of Government Accountability

 6  Auditor General and the State Board of Education for review.

 7  The State Board of Education, the university board of

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

 9  Policy Analysis and Government Accountability shall have the

10  authority to require and receive from the organization or from

11  its independent auditor any records relative to the operation

12  of the organization. The identity of donors who desire to

13  remain anonymous shall be protected, and that anonymity shall

14  be maintained in the auditor's report. All records of the

15  organization other than the auditor's report, management

16  letter, and any supplemental data requested by the State Board

17  of Education, the university board of trustees, the Auditor

18  General, and the Office of Program Policy Analysis and

19  Government Accountability shall be confidential and exempt

20  from the provisions of s. 119.07(1).

21         Section 149.  Subsection (5) of section 1004.29,

22  Florida Statutes, is amended to read:

23         1004.29  University health services support

24  organizations.--

25         (5)  Each university health services support

26  organization shall provide for an annual financial audit in

27  accordance with s. 1004.28(5). The auditor's report,

28  management letter, and any supplemental data requested by the

29  State Board of Education, the university board of trustees,

30  and the Office of Government Accountability Auditor General

31  shall be considered public records, pursuant to s. 119.07.

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 1         Section 150.  Paragraph (d) of subsection (2) and

 2  paragraph (b) of subsection (8) of section 1004.43, Florida

 3  Statutes, are amended to read:

 4         1004.43  H. Lee Moffitt Cancer Center and Research

 5  Institute.--There is established the H. Lee Moffitt Cancer

 6  Center and Research Institute at the University of South

 7  Florida.

 8         (2)  The State Board of Education shall provide in the

 9  agreement with the not-for-profit corporation for the

10  following:

11         (d)  Preparation of an annual financial audit of the

12  not-for-profit corporation's accounts and records and the

13  accounts and records of any subsidiaries to be conducted by an

14  independent certified public accountant. The annual audit

15  report shall include a management letter, as defined in s.

16  11.45, and shall be submitted to the Office of Government

17  Accountability Auditor General and the State Board of

18  Education.  The State Board of Education, the Auditor General,

19  and the Office of Program Policy Analysis and Government

20  Accountability shall have the authority to require and receive

21  from the not-for-profit corporation and any subsidiaries or

22  from their independent auditor any detail or supplemental data

23  relative to the operation of the not-for-profit corporation or

24  subsidiary.

25         (8)

26         (b)  Proprietary confidential business information is

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

28  and s. 24(a), Art. I of the State Constitution.  However, the

29  Auditor General, the Office of Program Policy Analysis and

30  Government Accountability, and the State Board of Education,

31  pursuant to their oversight and auditing functions, must be

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 1  given access to all proprietary confidential business

 2  information upon request and without subpoena and must

 3  maintain the confidentiality of information so received. As

 4  used in this paragraph, the term "proprietary confidential

 5  business information" means information, regardless of its

 6  form or characteristics, which is owned or controlled by the

 7  not-for-profit corporation or its subsidiaries; is intended to

 8  be and is treated by the not-for-profit corporation or its

 9  subsidiaries as private and the disclosure of which would harm

10  the business operations of the not-for-profit corporation or

11  its subsidiaries; has not been intentionally disclosed by the

12  corporation or its subsidiaries unless pursuant to law, an

13  order of a court or administrative body, a legislative

14  proceeding pursuant to s. 5, Art. III of the State

15  Constitution, or a private agreement that provides that the

16  information may be released to the public; and which is

17  information concerning:

18         1.  Internal auditing controls and reports of internal

19  auditors;

20         2.  Matters reasonably encompassed in privileged

21  attorney-client communications;

22         3.  Contracts for managed-care arrangements, including

23  preferred provider organization contracts, health maintenance

24  organization contracts, and exclusive provider organization

25  contracts, and any documents directly relating to the

26  negotiation, performance, and implementation of any such

27  contracts for managed-care arrangements;

28         4.  Bids or other contractual data, banking records,

29  and credit agreements the disclosure of which would impair the

30  efforts of the not-for-profit corporation or its subsidiaries

31  to contract for goods or services on favorable terms;

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 1         5.  Information relating to private contractual data,

 2  the disclosure of which would impair the competitive interest

 3  of the provider of the information;

 4         6.  Corporate officer and employee personnel

 5  information;

 6         7.  Information relating to the proceedings and records

 7  of credentialing panels and committees and of the governing

 8  board of the not-for-profit corporation or its subsidiaries

 9  relating to credentialing;

10         8.  Minutes of meetings of the governing board of the

11  not-for-profit corporation and its subsidiaries, except

12  minutes of meetings open to the public pursuant to subsection

13  (9);

14         9.  Information that reveals plans for marketing

15  services that the corporation or its subsidiaries reasonably

16  expect to be provided by competitors;

17         10.  Trade secrets as defined in s. 688.002, including

18  reimbursement methodologies or rates; or

19         11.  The identity of donors or prospective donors of

20  property who wish to remain anonymous or any information

21  identifying such donors or prospective donors.  The anonymity

22  of these donors or prospective donors must be maintained in

23  the auditor's report.

24  

25  As used in this paragraph, the term "managed care" means

26  systems or techniques generally used by third-party payors or

27  their agents to affect access to and control payment for

28  health care services. Managed-care techniques most often

29  include one or more of the following:  prior, concurrent, and

30  retrospective review of the medical necessity and

31  appropriateness of services or site of services; contracts

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 1  with selected health care providers; financial incentives or

 2  disincentives related to the use of specific providers,

 3  services, or service sites; controlled access to and

 4  coordination of services by a case manager; and payor efforts

 5  to identify treatment alternatives and modify benefit

 6  restrictions for high-cost patient care.

 7         Section 151.  Paragraph (d) of subsection (3) of

 8  section 1004.445, Florida Statutes, is amended to read:

 9         1004.445  Florida Alzheimer's Center and Research

10  Institute.--

11         (3)  The State Board of Education shall provide in the

12  agreement with the not-for-profit corporation for the

13  following:

14         (d)  Preparation of an annual postaudit of the

15  not-for-profit corporation's financial accounts and the

16  financial accounts of any subsidiaries to be conducted by an

17  independent certified public accountant. The annual audit

18  report shall include management letters and shall be submitted

19  to the Office of Government Accountability Auditor General and

20  the State Board of Education for review. The State Board of

21  Education, the Auditor General, and the Office of Program

22  Policy Analysis and Government Accountability shall have the

23  authority to require and receive from the not-for-profit

24  corporation and any subsidiaries, or from their independent

25  auditor, any detail or supplemental data relative to the

26  operation of the not-for-profit corporation or subsidiary.

27         Section 152.  Subsection (2) of section 1004.58,

28  Florida Statutes, is amended to read:

29         1004.58  Leadership Board for Applied Research and

30  Public Service.--

31         (2)  Membership of the board shall be:

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 1         (a)  The Commissioner of Education, or the

 2  commissioner's designee, who shall serve as chair.

 3         (b)  The director of the Office of Planning and

 4  Budgeting of the Executive Office of the Governor.

 5         (c)  The secretary of the Department of Management

 6  Services.

 7         (d)  The director of Economic and Demographic Research.

 8         (e)  The director of the Office of Program Policy

 9  Analysis and Government Accountability.

10         (e)(f)  The President of the Florida League of Cities.

11         (f)(g)  The President for the Florida Association of

12  Counties.

13         (g)(h)  The President of the Florida School Board

14  Association.

15         (h)(i)  Five additional university president members,

16  designated by the commissioner, to rotate annually.

17         Section 153.  Subsection (6) of section 1004.70,

18  Florida Statutes, is amended to read:

19         1004.70  Community college direct-support

20  organizations.--

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

22  shall provide for an annual financial audit of its financial

23  statements in order to express an opinion on the fairness with

24  which they are presented in conformity with generally accepted

25  accounting principles. The audit is to be conducted by an

26  independent certified public accountant in accordance with

27  rules adopted by the Office of Government Accountability

28  Auditor General pursuant to s. 11.45 s. 11.45(8). The annual

29  audit report must be submitted, within 9 months after the end

30  of the fiscal year, to the Office of Government Accountability

31  Auditor General, the State Board of Education, and the board

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 1  of trustees for review. The board of trustees, the Auditor

 2  General, and the Office of Program Policy Analysis and

 3  Government Accountability may require and receive from the

 4  organization or from its independent auditor any detail or

 5  supplemental data 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, any information

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

11  the expenditure of funds, and any supplemental data requested

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

13  of Program Policy Analysis and Government Accountability,

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

15  119.07(1).

16         Section 154.  Subsection (5) of section 1004.78,

17  Florida Statutes, is amended to read:

18         1004.78  Technology transfer centers at community

19  colleges.--

20         (5)  A technology transfer center shall be financed

21  from the Academic Improvement Program or from moneys of a

22  community college which are on deposit or received for use in

23  the activities conducted in the center. Such moneys shall be

24  deposited by the community college in a permanent technology

25  transfer fund in a depository or depositories approved for the

26  deposit of state funds and shall be accounted for and

27  disbursed subject to audit by the Office of Government

28  Accountability Auditor General.

29         Section 155.  Subsection (7) of section 1005.37,

30  Florida Statutes, is amended to read:

31         1005.37  Student Protection Fund.--

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 1         (7)  The Student Protection Fund must be actuarially

 2  sound, periodically audited by the Office of Government

 3  Accountability Auditor General in connection with its his or

 4  her audit of the Department of Education, and reviewed to

 5  determine if additional fees must be charged to schools

 6  eligible to participate in the fund.

 7         Section 156.  Subsection (6) of section 1006.07,

 8  Florida Statutes, is amended to read:

 9         1006.07  District school board duties relating to

10  student discipline and school safety.--The district school

11  board shall provide for the proper accounting for all

12  students, for the attendance and control of students at

13  school, and for proper attention to health, safety, and other

14  matters relating to the welfare of students, including:

15         (6)  SAFETY AND SECURITY BEST PRACTICES.--Use the

16  Safety and Security Best Practices developed by the Office of

17  Program Policy Analysis and Government Accountability to

18  conduct a self-assessment of the school districts' current

19  safety and security practices. Based on these self-assessment

20  findings, the district school superintendent shall provide

21  recommendations to the district school board which identify

22  strategies and activities that the district school board

23  should implement in order to improve school safety and

24  security. Annually each district school board must receive the

25  self-assessment results at a publicly noticed district school

26  board meeting to provide the public an opportunity to hear the

27  district school board members discuss and take action on the

28  report findings. Each district school superintendent shall

29  report the self-assessment results and school board action to

30  the commissioner within 30 days after the district school

31  board meeting.

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 1         Section 157.  Section 1006.19, Florida Statutes, is

 2  amended to read:

 3         1006.19  Audit of records of nonprofit corporations and

 4  associations handling interscholastic activities.--

 5         (1)  Each nonprofit association or corporation that

 6  operates for the purpose of supervising and controlling

 7  interscholastic activities of public high schools and whose

 8  membership is composed of duly certified representatives of

 9  public high schools, and whose rules and regulations are

10  established by members thereof, shall have an annual financial

11  audit of its accounts and records by an independent certified

12  public accountant retained by it and paid from its funds. The

13  accountant shall furnish a copy of the audit report to the

14  Office of Government Accountability Auditor General.

15         (2)  Any such nonprofit association or corporation

16  shall keep adequate and complete records of all moneys

17  received by it, including the source and amount, and all

18  moneys spent by it, including salaries, fees, expenses, travel

19  allowances, and all other items of expense.  All records of

20  any such organization shall be open for inspection by the

21  Office of Government Accountability Auditor General.

22         Section 158.  Section 1008.35, Florida Statutes, is

23  amended to read:

24         1008.35  Best financial management practices for school

25  districts; standards; reviews; designation of school

26  districts.--

27         (1)  The purpose of best financial management practices

28  reviews is to improve Florida school district management and

29  use of resources and to identify cost savings. The Office of

30  Program Policy Analysis and Government Accountability is

31  (OPPAGA) and the Office of the Auditor General are directed to

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 1  develop a system for reviewing the financial management

 2  practices of school districts. In this system, the Auditor

 3  General shall assist OPPAGA in examining district operations

 4  to determine whether they meet "best financial management

 5  practices."

 6         (2)  The best financial management practices adopted by

 7  the Commissioner of Education may be updated periodically

 8  after consultation with the Legislature, the Governor, the

 9  Department of Education, school districts, and the Office of

10  Government Accountability Auditor General. The Office

11  Government Accountability OPPAGA shall submit to the

12  Commissioner of Education for review and adoption proposed

13  revisions to the best financial management practices adopted

14  by the commissioner. The best financial management practices,

15  at a minimum, must instill public confidence by addressing the

16  school district's use of resources, identifying ways that the

17  district could save funds, and improving districts'

18  performance accountability systems, including public

19  accountability. To achieve these objectives, best practices

20  shall be developed for, but need not be limited to, the

21  following areas:

22         (a)  Management structures.

23         (b)  Performance accountability.

24         (c)  Efficient delivery of educational services,

25  including instructional materials.

26         (d)  Administrative and instructional technology.

27         (e)  Personnel systems and benefits management.

28         (f)  Facilities construction.

29         (g)  Facilities maintenance.

30         (h)  Student transportation.

31         (i)  Food service operations.

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 1         (j)  Cost control systems, including asset management,

 2  risk management, financial management, purchasing, internal

 3  auditing, and financial auditing.

 4  

 5  In areas for which the commissioner has not adopted best

 6  practices, Office of Government Accountability OPPAGA may

 7  develop additional best financial management practices, with

 8  input from a broad range of stakeholders. The Office of

 9  Government Accountability OPPAGA shall present any additional

10  best practices to the commissioner for review and adoption.

11  Revised best financial management practices adopted by the

12  commissioner must be used in the next year's scheduled school

13  district reviews conducted according to this section.

14         (3)  The Office of Government Accountability OPPAGA

15  shall contract with a private firm selected through a formal

16  request for proposal process to perform the review, to the

17  extent that funds are provided for this purpose in the General

18  Appropriations Act each year. When sufficient funds are not

19  provided to contract for all the scheduled best financial

20  management practices reviews, the Office of Government

21  Accountability OPPAGA shall conduct the remaining reviews

22  scheduled for that year, except as otherwise provided in this

23  act. At least one member of the private firm review team shall

24  have expertise in school district finance. The scope of the

25  review shall focus on the best practices adopted by the

26  Commissioner of Education, pursuant to subsection (2). The

27  Office of Government Accountability OPPAGA may include

28  additional items in the scope of the review after seeking

29  input from the school district and the Department of

30  Education.

31  

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 1         (4)  The Office of Government Accountability OPPAGA

 2  shall consult with the Commissioner of Education throughout

 3  the best practices review process to ensure that the technical

 4  expertise of the Department of Education benefits the review

 5  process and supports the school districts before, during, and

 6  after the review.

 7         (5)  It is the intent of the Legislature that each

 8  school district shall be subject to a best financial

 9  management practices review. The Legislature also intends that

10  all school districts shall be reviewed on a continuing 5-year

11  cycle, as follows, unless specified otherwise in the General

12  Appropriations Act, or as provided in this section:

13         (a)  Year 1: Hillsborough, Sarasota, Collier, Okaloosa,

14  Alachua, St. Lucie, Santa Rosa, Hernando, Indian River,

15  Monroe, Osceola, and Bradford.

16         (b)  Year 2: Miami-Dade, Duval, Volusia, Bay, Columbia,

17  Suwannee, Wakulla, Baker, Union, Hamilton, Jefferson, Gadsden,

18  and Franklin.

19         (c)  Year 3: Palm Beach, Orange, Seminole, Lee,

20  Escambia, Leon, Levy, Taylor, Madison, Gilchrist, Gulf, Dixie,

21  Liberty, and Lafayette.

22         (d)  Year 4: Pinellas, Pasco, Marion, Manatee, Clay,

23  Charlotte, Citrus, Highlands, Nassau, Hendry, Okeechobee,

24  Hardee, DeSoto, and Glades.

25         (e)  Year 5: Broward, Polk, Brevard, Lake, St. Johns,

26  Martin, Putnam, Jackson, Flagler, Walton, Sumter, Holmes,

27  Washington, and Calhoun.

28         (6)(a)  The Joint Legislative Auditing Committee may

29  adjust the schedule of districts to be reviewed when

30  unforeseen circumstances prevent initiation of reviews

31  scheduled in a given year.

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 1         (b)  Once the 5-year cycle has been completed, reviews

 2  shall continue, beginning again with those districts included

 3  in year one of the cycle unless a district has requested and

 4  received a waiver as provided in subsection (17).

 5         (7)  At the direction of the Joint Legislative Auditing

 6  Committee or the President of the Senate and the Speaker of

 7  the House of Representatives, and subject to funding by the

 8  Legislature, the Office of Government Accountability OPPAGA

 9  may conduct, or contract with a private firm to conduct, up to

10  two additional best financial management practices reviews in

11  districts not scheduled for review during that year if such

12  review is necessary to address adverse financial conditions.

13         (8)  Reviews shall be conducted by the Office of

14  Government Accountability OPPAGA and the consultant to the

15  extent specifically funded by the Legislature in the General

16  Appropriations Act for this purpose. Such funds may be used

17  for the cost of reviews by the Office of Government

18  Accountability OPPAGA and private consultants contracted by

19  the Office of Government Accountability director of OPPAGA.

20  Costs may include professional services, travel expenses of

21  the Office of Government Accountability OPPAGA and staff of

22  the Auditor General, and any other necessary expenses incurred

23  as part of a best financial management practices review.

24         (9)  Districts scheduled for review must complete a

25  self-assessment instrument provided by the Office of

26  Government Accountability OPPAGA which indicates the school

27  district's evaluation of its performance on each best

28  practice. The district must begin the self-assessment not

29  later than 60 days prior to the commencement of the review.

30  The completed self-assessment instrument and supporting

31  documentation must be submitted to the Office of Government

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 1  Accountability OPPAGA not later than the date of commencement

 2  of the review as notified by the Office of Government

 3  Accountability OPPAGA. The best practice review team will use

 4  this self-assessment information during their review of the

 5  district.

 6         (10)  During the review, the Office of Government

 7  Accountability OPPAGA and the consultant conducting the

 8  review, if any, shall hold at least one advertised public

 9  forum as part of the review in order to explain the best

10  financial management practices review process and obtain input

11  from students, parents, the business community, and other

12  district residents regarding their concerns about the

13  operations and management of the school district.

14         (11)  District reviews conducted under this section

15  must be completed within 6 months after commencement. The

16  Office of Government Accountability OPPAGA shall issue a final

17  report to the President of the Senate, the Speaker of the

18  House of Representatives, and the district regarding the

19  district's use of best financial management practices and cost

20  savings recommendations within 60 days after completing the

21  reviews. Copies of the final report shall be provided to the

22  Governor, the Commissioner of Education, and to the chairs of

23  school advisory councils and district advisory councils

24  established pursuant to s. 1001.452(1)(a) and (b).  The

25  district school board shall notify all members of the school

26  advisory councils and district advisory council by mail that

27  the final report has been delivered to the school district and

28  to the council chairs. The notification shall also inform

29  members of the Office of Government Accountability OPPAGA

30  website address at which an electronic copy of the report is

31  available.

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 1         (12)  After receipt of the final report and before the

 2  district school board votes whether to adopt the action plan,

 3  or if no action plan was required because the district was

 4  found to be using the best practices, the district school

 5  board shall hold an advertised public forum to accept public

 6  input and review the findings and recommendations of the

 7  report. The district school board shall advertise and promote

 8  this forum in a manner appropriate to inform school and

 9  district advisory councils, parents, school district

10  employees, the business community, and other district

11  residents of the opportunity to attend this meeting. The

12  Office of Government Accountability OPPAGA and the consultant,

13  if any, shall also be represented at this forum.

14         (13)(a)  If the district is found not to conform to

15  best financial management practices, the report must contain

16  an action plan detailing how the district could meet the best

17  practices within 2 years. The district school board must

18  decide, by a majority plus one vote within 90 days after

19  receipt of the final report, whether or not to implement the

20  action plan and pursue a "Seal of Best Financial Management"

21  awarded by the State Board of Education to qualified school

22  districts. If a district fails to vote on the action plan

23  within 90 days, district school board members may be required

24  to appear and present testimony before a legislative

25  committee, pursuant to s. 11.143.

26         (b)  The district school board may vote to reverse a

27  decision not to implement an action plan, provided that the

28  action plan is implemented and there is still sufficient time,

29  as determined by the district school board, to meet the best

30  practices within 2 years after issuance of the final report.

31  

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 1         (c)  Within 90 days after the receipt of the final

 2  report, the district school board must notify the Office of

 3  Government Accountability OPPAGA and the Commissioner of

 4  Education in writing of the date and outcome of the district

 5  school board vote on whether to adopt the action plan. If the

 6  district school board fails to vote on whether to adopt the

 7  action plan, the district school superintendent must notify

 8  the Office of Government Accountability OPPAGA and the

 9  Commissioner of Education. The Department of Education may

10  contact the school district, assess the situation, urge the

11  district school board to vote, and offer technical assistance,

12  if needed.

13         (14)  If a district school board votes to implement the

14  action plan:

15         (a)  No later than 1 year after receipt of the final

16  report, the district school board must submit an initial

17  status report to the President of the Senate, the Speaker of

18  the House of Representatives, the Governor, the Office of

19  Government Accountability OPPAGA, the Auditor General, the

20  State Board of Education, and the Commissioner of Education on

21  progress made toward implementing the action plan and whether

22  changes have occurred in other areas of operation that would

23  affect compliance with the best practices.

24         (b)  A second status report must be submitted by the

25  school district to the President of the Senate, the Speaker of

26  the House of Representatives, the Governor, the Office of

27  Governmental Accountability OPPAGA, the Auditor General, the

28  Commissioner of Education, and the State Board of Education no

29  later than 1 year after submission of the initial report.

30  

31  

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 1  Status reports are not required once the Office of Government

 2  Accountability OPPAGA concludes that the district is using

 3  best practices.

 4         (15)  After receipt of each of a district's two status

 5  reports required by subsection (14), the Office of Government

 6  Accountability OPPAGA shall assess the district's

 7  implementation of the action plan and progress toward

 8  implementing the best financial management practices in areas

 9  covered by the plan. Following each assessment, the Office of

10  Government Accountability OPPAGA shall issue a report to the

11  President of the Senate, the Speaker of the House of

12  Representatives, and the district indicating whether the

13  district has successfully implemented the best financial

14  management practices. Copies of the report must be provided to

15  the Governor, the Auditor General, the Commissioner of

16  Education, and the State Board of Education. If a district has

17  failed to implement an action plan adopted pursuant to

18  subsection (13), district school board members and the

19  district school superintendent may be required to appear

20  before a legislative committee, pursuant to s. 11.143, to

21  present testimony regarding the district's failure to

22  implement such action plan.

23         (16)  District school boards that successfully

24  implement the best financial management practices within 2

25  years, or are determined in the review to be using the best

26  practices, are eligible to receive a "Seal of Best Financial

27  Management." Upon notification to the Commissioner of

28  Education and the State Board of Education by the Office of

29  Government Accountability OPPAGA that a district has been

30  found to be using the best financial management practices, the

31  State Board of Education shall award that district a "Seal of

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 1  Best Financial Management" certifying that the district is

 2  adhering to the state's best financial management practices.

 3  The State Board of Education designation shall be effective

 4  for 5 years from the certification date or until the next

 5  review is completed, whichever is later. During the

 6  designation period, the district school board shall annually,

 7  not later than the anniversary date of the certification,

 8  notify the Office of Government Accountability OPPAGA, the

 9  Auditor General, the Commissioner of Education, and the State

10  Board of Education of any changes in policies or operations or

11  any other situations that would not conform to the state's

12  best financial management practices. The State Board of

13  Education may revoke the designation of a district school

14  board at any time if it determines that a district is no

15  longer complying with the state's best financial management

16  practices. If no such changes have occurred and the district

17  school board determines that the school district continues to

18  conform to the best financial management practices, the

19  district school board shall annually report that information

20  to the State Board of Education, with copies to the Office of

21  Government Accountability OPPAGA, the Auditor General, and the

22  Commissioner of Education.

23         (17)(a)  A district school board that has been awarded

24  a "Seal of Best Financial Management" by the State Board of

25  Education and has annually reported to the State Board of

26  Education that the district is still conforming to the best

27  financial management practices may request a waiver from

28  undergoing its next scheduled Best Financial Management

29  Practices review.

30         (b)  To apply for such waiver, not later than September

31  1 of the fiscal year prior to the fiscal year in which the

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 1  district is next scheduled for review, the district school

 2  board shall certify to the Office of Government Accountability

 3  OPPAGA and the Department of Education the district school

 4  board's determination that the school district is still

 5  conforming to the best financial management practices.

 6         (c)  After consultation with the Department of

 7  Education and review of the district school board's

 8  determination, the Office of Government Accountability OPPAGA

 9  may recommend to the Legislative Budget Commission that the

10  district be granted a waiver for the next scheduled Best

11  Financial Management Practices review. If approved for waiver,

12  the Office of Government Accountability OPPAGA shall notify

13  the school district and the Department of Education that no

14  review of that district will be conducted during the next

15  scheduled review cycle. In that event, the district school

16  board must continue annual reporting to the State Board of

17  Education as required in subsection (16). District school

18  boards granted a waiver for one review cycle are not eligible

19  for waiver of the next scheduled review cycle.

20         (18)  District school boards that receive a best

21  financial management practices review must maintain records

22  that will enable independent verification of the

23  implementation of the action plan and any related fiscal

24  impacts.

25         (19)  Unrestricted cost savings resulting from

26  implementation of the best financial management practices must

27  be spent at the school and classroom levels for teacher

28  salaries, teacher training, improved classroom facilities,

29  student supplies, textbooks, classroom technology, and other

30  direct student instruction activities. Cost savings identified

31  

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 1  for a program that has restrictive expenditure requirements

 2  shall be used for the enhancement of the specific program.

 3         Section 159.  Subsection (1) of section 1008.46,

 4  Florida Statutes, is amended to read:

 5         1008.46  State university accountability process.--It

 6  is the intent of the Legislature that an accountability

 7  process be implemented that provides for the systematic,

 8  ongoing evaluation of quality and effectiveness of state

 9  universities. It is further the intent of the Legislature that

10  this accountability process monitor performance at the system

11  level in each of the major areas of instruction, research, and

12  public service, while recognizing the differing missions of

13  each of the state universities. The accountability process

14  shall provide for the adoption of systemwide performance

15  standards and performance goals for each standard identified

16  through a collaborative effort involving state universities,

17  the Legislature, and the Governor's Office. These standards

18  and goals shall be consistent with s. 216.011(1) to maintain

19  congruity with the performance-based budgeting process. This

20  process requires that university accountability reports

21  reflect measures defined through performance-based budgeting.

22  The performance-based budgeting measures must also reflect the

23  elements of teaching, research, and service inherent in the

24  missions of the state universities.

25         (1)  By December 31 of each year, the State Board of

26  Education shall submit an annual accountability report

27  providing information on the implementation of performance

28  standards, actions taken to improve university achievement of

29  performance goals, the achievement of performance goals during

30  the prior year, and initiatives to be undertaken during the

31  next year. The accountability reports shall be designed in

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 1  consultation with the Governor's Office, the Office of Program

 2  Policy Analysis and Government Accountability, and the

 3  Legislature.

 4         Section 160.  Subsection (4) of section 1009.265,

 5  Florida Statutes, is amended to read:

 6         1009.265  State employee fee waivers.--

 7         (4)  The Office of Government Accountability Auditor

 8  General shall include a review of the cost assessment data in

 9  conjunction with its his or her audit responsibilities for

10  community colleges, state universities, and the Department of

11  Education.

12         Section 161.  Paragraph (c) of subsection (5) of

13  section 1009.53, Florida Statutes, is amended to read:

14         1009.53  Florida Bright Futures Scholarship Program.--

15         (5)  The department shall issue awards from the

16  scholarship program annually. Annual awards may be for up to

17  45 semester credit hours or the equivalent. Before the

18  registration period each semester, the department shall

19  transmit payment for each award to the president or director

20  of the postsecondary education institution, or his or her

21  representative, except that the department may withhold

22  payment if the receiving institution fails to report or to

23  make refunds to the department as required in this section.

24         (c)  Each institution that receives moneys through this

25  program shall prepare an annual report that includes an annual

26  financial audit, conducted by an independent certified public

27  accountant or the Office of Government Accountability Auditor

28  General. The report shall include an audit of the

29  institution's administration of the program and a complete

30  accounting of the moneys for the program. This report must be

31  submitted to the department annually by March 1. The

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 1  department may conduct its own annual audit of an

 2  institution's administration of the program. The department

 3  may request a refund of any moneys overpaid to the institution

 4  for the program. The department may suspend or revoke an

 5  institution's eligibility to receive future moneys for the

 6  program if the department finds that an institution has not

 7  complied with this section. The institution must remit within

 8  60 days any refund requested in accordance with this

 9  subsection.

10         Section 162.  Section 1009.976, Florida Statutes, is

11  amended to read:

12         1009.976  Annual report.--On or before March 31 of each

13  year, the Florida Prepaid College Board shall prepare or cause

14  to be prepared separate reports setting forth in appropriate

15  detail an accounting of the prepaid program and the savings

16  program which include a description of the financial condition

17  of each respective program at the close of the fiscal year.

18  The board shall submit copies of the reports to the Governor,

19  the President of the Senate, the Speaker of the House of

20  Representatives, and the minority leaders of the House and

21  Senate and shall make the report for the prepaid program

22  available to each purchaser and the report for the savings

23  program available to each benefactor and designated

24  beneficiary. The accounts of the fund for the prepaid program

25  and the savings program shall be subject to annual audits by

26  the Office of Government Accountability Auditor General.

27         Section 163.  Subsection (3) of section 1009.983,

28  Florida Statutes, is amended to read:

29         1009.983  Direct-support organization; authority.--

30         (3)  The direct-support organization shall provide for

31  an annual financial audit in accordance with s. 215.981. The

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 1  board and Office of Government Accountability Auditor General

 2  may require and receive from the organization or its

 3  independent auditor any detail or supplemental data relative

 4  to the operation of the organization.

 5         Section 164.  Subsection (1) of section 1010.305,

 6  Florida Statutes, is amended to read:

 7         1010.305  Audit of student enrollment.--

 8         (1)  The Office of Government Accountability Auditor

 9  General shall periodically examine the records of school

10  districts, and other agencies as appropriate, to determine

11  compliance with law and State Board of Education rules

12  relating to the classification, assignment, and verification

13  of full-time equivalent student enrollment and student

14  transportation reported under the Florida Education Finance

15  Program.

16         Section 165.  Subsection (2) of section 1011.10,

17  Florida Statutes, is amended to read:

18         1011.10  Penalty.--

19         (2)  Each member of any district school board voting to

20  incur an indebtedness against the district school funds in

21  excess of the expenditure allowed by law, or in excess of any

22  appropriation as adopted in the original official budget or

23  amendments thereto, or to approve or pay any illegal charge

24  against the funds, and any chair of a district school board or

25  district school superintendent who signs a warrant for payment

26  of any such claim or bill of indebtedness against any of the

27  funds shall be personally liable for the amount, and shall be

28  guilty of malfeasance in office and subject to removal by the

29  Governor. It shall be the duty of the Office of Government

30  Accountability Auditor General, other state officials, or

31  independent certified public accountants charged by law with

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 1  the responsibility for auditing school accounts, upon

 2  discovering any such illegal expenditure or expenditures in

 3  excess of the appropriations in the budget as officially

 4  amended, to certify such fact to the Department of Banking and

 5  Finance, which thereupon shall verify such fact and it shall

 6  be the duty of the Department of Banking and Finance to advise

 7  the Department of Legal Affairs thereof, and it shall be the

 8  duty of the Department of Legal Affairs to cause to be

 9  instituted and prosecuted, either through its office or

10  through any state attorney, proceedings at law or in equity

11  against such member or members of a district school board or

12  district school superintendent. If either of the officers does

13  not institute proceedings within 90 days after the audit has

14  been certified to them by the Department of Banking and

15  Finance, any taxpayer may institute suit in his or her own

16  name on behalf of the district.

17         Section 166.  Subsection (6) of section 1011.51,

18  Florida Statutes, is amended to read:

19         1011.51  Independent postsecondary endowment grants.--

20         (6)  Matching endowment grants made pursuant to this

21  section to a qualified independent nonprofit college or

22  university shall be placed in a separate restricted endowment

23  by such institution.  The interest or other income accruing

24  from the endowment shall be expended exclusively for

25  professorships, library resources, scientific and technical

26  equipment, and nonathletic scholarships.  Moreover, the funds

27  in the endowment shall not be used for pervasively sectarian

28  instruction, religious worship, or theology or divinity

29  programs or resources.  The records of the endowment shall be

30  subject to review by the department and audit or examination

31  by the Auditor General and the Office of Program Policy

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 1  Analysis and Government Accountability.  If any institution

 2  receiving a matching endowment grant pursuant to this section

 3  ceases operations and undergoes dissolution proceedings, then

 4  all funds received pursuant to this section from the state

 5  shall be returned.

 6         Section 167.  Paragraph (f) of subsection (2) of

 7  section 1013.35, Florida Statutes, is amended to read:

 8         1013.35  School district educational facilities plan;

 9  definitions; preparation, adoption, and amendment; long-term

10  work programs.--

11         (2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL

12  FACILITIES PLAN.--

13         (f)  Commencing on October 1, 2002, and not less than

14  once every 5 years thereafter, the district school board shall

15  contract with a qualified, independent third party to conduct

16  a financial management and performance audit of the

17  educational planning and construction activities of the

18  district. An audit conducted by the Office of Program Policy

19  Analysis and Government Accountability and the Auditor General

20  pursuant to s. 1008.35 satisfies this requirement.

21         Section 168.  Subsections (2) and (5) of section

22  1013.512, Florida Statutes, are amended to read:

23         1013.512  Land Acquisition and Facilities Maintenance

24  Operations Advisory Board.--

25         1013.512  Land Acquisition and Facilities Advisory

26  Board.

27         (2)  If the director of the Office of Program Policy

28  Analysis and Government Accountability (OPPAGA) or the Auditor

29  General determines in a review or examination that significant

30  deficiencies exist in a school district's land acquisition and

31  facilities operational processes, it he or she shall certify

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 1  to the President of the Senate, the Speaker of the House of

 2  Representatives, the Legislative Budget Commission, and the

 3  Governor that the deficiency exists. The Legislative Budget

 4  Commission shall determine whether funds for the school

 5  district will be placed in reserve until the deficiencies are

 6  corrected.

 7         (5)  Within 60 days of convening, the Land Acquisition

 8  and Facilities Advisory Board shall assess the district's

 9  progress and corrective actions and report to the Commissioner

10  of Education. The advisory board's report must address the

11  release of any funds placed in reserve by the Executive Office

12  of the Governor. Any recommendation from the advisory board

13  for the release of funds shall include a certification that

14  policies established, procedures followed, and expenditures

15  made by the school board related to site acquisition and

16  facilities planning and construction are consistent with

17  recommendations of the Land Acquisition and Facilities

18  Advisory Board and will accomplish corrective action and

19  address recommendations made by the Office of Program Policy

20  Analysis and Government Accountability and the Auditor

21  General. If the advisory board does not recommend release of

22  the funds held in reserve, they shall provide additional

23  assistance and submit a subsequent report 60 days after the

24  previous report.

25         Section 169.  Section 34 of chapter 2002-22, Laws of

26  Florida, is amended to read:

27         Section 34.  Before the 2005 Regular Session of the

28  Legislature, the Office of Program Policy Analysis and

29  Government Accountability shall conduct a review of and

30  prepare a report on the progress of the Division of Vocational

31  Rehabilitation of the Department of Education.

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 1         Section 170.  This act shall take effect July 1, 2003.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 1894

 5                                 

 6  The Committee Substitute combines the Office of the Auditor
    General with the separate Office of Program Policy Analysis
 7  and Government Accountability and renames the combined offices
    as the Office of Government Accountability. The combined
 8  office will have separate financial post-audit and program
    audit responsibilities. The bill provides the required
 9  nomenclature changes in all current references in the Florida
    Statutes to the now separate offices.
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