Senate Bill sb2566e1

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    CS for SB 2566                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to local government

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

  4         revising duties of the Legislative Auditing

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

  6         reporting requirements of the Auditor General;

  7         amending s. 61.181, F.S.; correcting a

  8         cross-reference; amending s. 75.05, F.S.;

  9         deleting a requirement for an independent

10         special district to submit a copy of a

11         complaint to the Division of Bond Finance of

12         the State Board of Administration; amending s.

13         112.08, F.S.; clarifying that local governments

14         are authorized to provide health insurance;

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

16         definition of "governmental entity" to include

17         counties and district school boards; amending

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

19         information to be provided to the Department of

20         Management Services in actuarial reports with

21         regard to retirement systems and plans and

22         providing procedures therefor; providing for

23         notification of the Department of Revenue and

24         the Department of Financial Services in cases

25         of noncompliance and authorizing the

26         withholding of certain funds; requiring the

27         Department of Management Services to notify the

28         Department of Community Affairs in the case of

29         affected special districts; amending s.

30         191.005, F.S.; exempting a candidate from

31         campaign requirements under specified


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 1         conditions; providing for the removal of a

 2         board member upon becoming unqualified;

 3         amending s. 130.04, F.S.; revising provisions

 4         governing notice of bids and disposition of

 5         bonds; amending s. 132.02, F.S.; revising

 6         provisions relating to the authorization to

 7         issue refund bonds; amending s. 132.09, F.S.;

 8         revising provisions relating to the notice of

 9         sale, bids, and awards and private sale of

10         bonds; amending s. 163.05, F.S.; revising

11         provisions governing the Small County Technical

12         Assistance Program; amending s. 166.121, F.S.;

13         revising provisions governing the issuance of

14         bonds by a municipality; amending s. 166.241,

15         F.S.; providing a municipal budget amendment

16         process and requirements; amending s. 189.4044,

17         F.S.; revising special procedures for

18         determination of inactive special districts;

19         amending s. 189.412, F.S.; revising duties of

20         the Special District Information Program of the

21         Department of Community Affairs; amending s.

22         189.418, F.S.; revising reporting requirements

23         of newly created special districts; authorizing

24         the governing body of a special district to

25         amend its budget; amending s. 189.419, F.S.;

26         revising provisions relating to the failure of

27         special districts to file required reports;

28         amending s. 189.421, F.S.; revising provisions

29         governing the failure of special districts to

30         disclose financial reports; providing for

31         extension of time for the filing of said


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    CS for SB 2566                                 First Engrossed



 1         reports; providing remedies for noncompliance;

 2         providing for attorney's fees and costs;

 3         amending s. 189.428, F.S.; revising provisions

 4         governing the special district oversight review

 5         process; amending s. 189.439, F.S.; revising

 6         provisions governing the issuance of bonds by

 7         special districts; amending s. 191.005, F.S.;

 8         exempting a candidate from campaign

 9         requirements under specified conditions;

10         providing for the removal of a board member

11         upon becoming unqualified; amending s. 218.075,

12         F.S.; revising provisions governing the

13         reduction or waiver of permit processing fees

14         for certain counties; amending s. 218.32, F.S.,

15         relating to annual financial reports; requiring

16         the Department of Financial Services to notify

17         the Speaker of the House of Representatives and

18         the President of the Senate of any municipality

19         that has not had financial activity for a

20         specified period of time; providing that such

21         notice is sufficient to initiate dissolution

22         procedures; repealing s. 218.321, F.S.,

23         relating to annual financial statements of

24         local governmental entities; amending s.

25         218.39, F.S.; providing reporting requirements

26         for certain special districts; amending s.

27         218.36, F.S.; revising reporting requirements

28         for boards of county commissioners relating to

29         the failure of a county officer to comply with

30         the provisions of the section; amending s.

31         218.369, F.S.; revising the definition of "unit


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 1         of local government" to include district school

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

 3         "Local Governmental Entity and District School

 4         Board Financial Emergencies"; amending s.

 5         218.50, F.S.; renaming ss. 218.50-218.504,

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

 7         District School Board Act"; amending s.

 8         218.501, F.S.; revising the stated purposes of

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

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

11         governmental entity"; amending s. 218.503,

12         F.S.; revising provisions governing the

13         determination of financial emergency for local

14         governments and district school boards;

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

16         relating to the authority of the Governor and

17         authorizing the Commissioner of Education to

18         terminate all state actions pursuant to ss.

19         218.50-218.504, F.S.; repealing ch. 131, F.S.,

20         consisting of ss. 131.01, 131.02, 131.03,

21         131.04, 131.05, and 131.06, F.S., relating to

22         refunding bonds of counties, municipalities,

23         and special districts; repealing s. 132.10,

24         F.S., relating to minimum sale price of bonds;

25         repealing s. 165.052, F.S., relating to special

26         dissolution procedures for municipalities;

27         repealing s. 189.409, F.S., relating to

28         determination of financial emergencies of

29         special districts; repealing s. 189.422, F.S.,

30         relating to actions of the Department of

31         Community Affairs and special districts;


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 1         repealing s. 200.0684, F.S., relating to an

 2         annual compliance report of the Department of

 3         Community Affairs regarding special districts;

 4         repealing s. 218.37(1)(h), F.S., relating to

 5         the requirement that the Division of Bond

 6         Finance use a served copy of the complaint for

 7         bond validation to verify compliance by special

 8         districts with the requirements in s. 218.38,

 9         F.S.; amending s. 1010.47, F.S.; providing that

10         school districts must sell bonds; deleting

11         obsolete provisions relating to the sale of

12         bonds by a school district; transferring a

13         position from the Executive Office of the

14         Governor to the Department of Financial

15         Services; providing an effective date.

16  

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

18  

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

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

21         11.40  Legislative Auditing Committee.--

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

23  Department of Financial Services Banking and Finance, or the

24  Division of Bond Finance of the State Board of Administration

25  of the failure of a local governmental entity, district school

26  board, charter school, or charter technical career center to

27  comply with the applicable provisions within s. 11.45(5)-(7),

28  s. 218.32(1), or s. 218.38, the Legislative Auditing Committee

29  may schedule a hearing. If a hearing is scheduled, the

30  committee shall determine if the entity should be subject to

31  further state action. If the committee determines that the


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    CS for SB 2566                                 First Engrossed



 1  entity should be subject to further state action, the

 2  committee shall:

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

 4  district school board, direct request the Department of

 5  Revenue and the Department of Financial Services Banking and

 6  Finance to withhold any funds not pledged for bond debt

 7  service satisfaction which are payable to such entity until

 8  the entity complies with the law. The committee, in its

 9  request, shall specify the date such action shall begin, and

10  the directive request must be received by the Department of

11  Revenue and the Department of Financial Services Banking and

12  Finance 30 days before the date of the distribution mandated

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

14  Financial Services Banking and Finance are authorized to

15  implement the provisions of this paragraph.

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

17  Department of Community Affairs that the special district has

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

19  the Department of Community Affairs shall proceed pursuant to

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

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

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

23  are amended to read:

24         11.45  Definitions; duties; authorities; reports;

25  rules.--

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

27  Legislative Auditing Committee shall direct the Auditor

28  General to make an a financial audit of any municipality

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

30  electors of that municipality. The supervisor of elections of

31  the county in which the municipality is located shall certify


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 1  whether or not the petition contains the signatures of at

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

 3  the completion of the audit, the Auditor General shall

 4  determine whether the municipality has the fiscal resources

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

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

 7  General's determination that the municipality has the

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

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

10  certification of the Auditor General, withhold from that

11  portion of the distribution pursuant to s. 212.20(6)(d)6.

12  which is distributable to such municipality, a sum sufficient

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

14  the General Revenue Fund of the state.

15         (7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--

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

17  the Commissioner of Education, as appropriate, and the

18  Legislative Auditing Committee of any audit report reviewed by

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

20  contains a statement that a the local governmental entity or

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

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

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

24  regarding information included in an audit report to determine

25  whether a local governmental entity or district school board

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

27  is in a state of financial emergency, the requested

28  clarification must be provided within 45 days after the date

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

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

31  request, the Auditor General shall notify the Legislative


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    CS for SB 2566                                 First Engrossed



 1  Auditing Committee. If, after obtaining the requested

 2  clarification, the Auditor General determines that the local

 3  governmental entity or district school board has met one or

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

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

 6  the Commissioner of Education, as appropriate, and the

 7  Legislative Auditing Committee.

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

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

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

11  performed by independent certified public accountants pursuant

12  to ss. 215.981, 218.39, 1001.453, 1004.28, and 1004.70. The

13  rules for audits of local governmental entities and district

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

15  requirements for the reporting of information necessary to

16  carry out the purposes of the Local Governmental Entity and

17  District School Board Government Financial Emergencies Act as

18  stated in s. 218.501.

19         Section 3.  Subsection (10) of section 61.181, Florida

20  Statutes, is amended to read:

21         61.181  Depository for alimony transactions, support,

22  maintenance, and support payments; fees.--

23         (10)  Compliance with the requirements of this section

24  shall be included as part of the annual county audit required

25  pursuant to s. 218.39 11.45.

26         Section 4.  Subsection (3) of section 75.05, Florida

27  Statutes, is amended to read:

28         75.05  Order and service.--

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

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

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


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    CS for SB 2566                                 First Engrossed



 1  Administration. Notwithstanding any other provision of law,

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

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

 4  development district established pursuant to chapter 190, as

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

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

 7  by such community development districts shall not be required

 8  on refunding issues.

 9         Section 5.  Paragraph (a) of subsection (2) of section

10  112.08, Florida Statutes, is amended to read:

11         112.08  Group insurance for public officers, employees,

12  and certain volunteers; physical examinations.--

13         (2)(a)  Notwithstanding any general law or special act

14  to the contrary, every local governmental unit is authorized

15  to provide and pay out of its available funds for all or part

16  of the premium for life, health, accident, hospitalization,

17  legal expense, or annuity insurance, or all or any kinds of

18  such insurance, for the officers and employees of the local

19  governmental unit and for health, accident, hospitalization,

20  and legal expense insurance for the dependents of such

21  officers and employees upon a group insurance plan and, to

22  that end, to enter into contracts with insurance companies or

23  professional administrators to provide such insurance.  Before

24  entering any contract for insurance, the local governmental

25  unit shall advertise for competitive bids; and such contract

26  shall be let upon the basis of such bids. If a contracting

27  health insurance provider becomes financially impaired as

28  determined by the Department of Insurance or otherwise fails

29  or refuses to provide the contracted-for coverage or

30  coverages, the local government may purchase insurance, enter

31  into risk management programs, or contract with third-party


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 1  administrators and may make such acquisitions by advertising

 2  for competitive bids or by direct negotiations and contract.

 3  The local governmental unit may undertake simultaneous

 4  negotiations with those companies which have submitted

 5  reasonable and timely bids and are found by the local

 6  governmental unit to be fully qualified and capable of meeting

 7  all servicing requirements.  Each local governmental unit may

 8  self-insure any plan for health, accident, and hospitalization

 9  coverage or enter into a risk management consortium to provide

10  such coverage, subject to approval based on actuarial

11  soundness by the Department of Insurance; and each shall

12  contract with an insurance company or professional

13  administrator qualified and approved by the Department of

14  Insurance to administer such a plan.

15         Section 6.  Subsection (5) of section 112.625, Florida

16  Statutes, is amended to read:

17         112.625  Definitions.--As used in this act:

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

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

20  special district, or district school board which is the

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

22         Section 7.  Subsection (4) of section 112.63, Florida

23  Statutes, is amended to read:

24         112.63  Actuarial reports and statements of actuarial

25  impact; review.--

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

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

28  of a statement of actuarial impact, the Department of

29  Management Services shall acknowledge such receipt, but shall

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

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


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 1  department finds that the actuarial valuation is not complete,

 2  accurate, or based on reasonable assumptions or otherwise

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

 4  requires additional information necessary to complete its

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

 6  information necessary to satisfy the duties of the department

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

 8  receive the actuarial report or statement of actuarial impact,

 9  the department shall notify the administrator of the affected

10  retirement system or plan and the affected governmental entity

11  local government and request appropriate adjustment, the

12  additional information, or the required report or statement.

13  The notification shall inform the administrator of the

14  affected retirement system or plan and the affected

15  governmental entity of the consequences for failure to comply

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

17  reasonable period of time, a satisfactory adjustment is not

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

19  not provided, the department may notify the Department of

20  Revenue and the Department of Financial Services of such

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

22  Department of Financial Services shall withhold any funds not

23  pledged for bond debt service satisfaction that are payable to

24  the affected governmental entity until the adjustment is made

25  or the report, statement, or additional information is

26  provided to the department. The department shall specify the

27  date such action is to begin and notification by the

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

29  Department of Financial Services, and the affected

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

31  begin.


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    CS for SB 2566                                 First Engrossed



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

 2  affected governmental entity local government or the

 3  department may petition for a hearing under the provisions of

 4  ss. 120.569 and 120.57 with the Department of Management

 5  Services. The Department of Revenue and the Department of

 6  Financial Services shall not be parties to any such hearing

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

 8  Management Services or if either the Department of Revenue or

 9  the Department of Financial Services determines its interests

10  may be adversely affected by the hearing. If the

11  administrative law judge recommends in favor of the

12  department, the department shall perform an actuarial review

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

14  requested information. The cost to the department of

15  performing such actuarial review, or preparing such statement,

16  or collecting the requested information shall be charged to

17  the affected governmental entity of which the employees are

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

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

20  receipt by the affected governmental entity of the request for

21  payment, the department shall certify to the Department of

22  Revenue and the Department of Financial Services Comptroller

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

24  Department of Financial Services Comptroller shall pay such

25  amount to the Department of Management Services from any funds

26  not pledged for bond debt service satisfaction that are

27  payable to the affected governmental entity of which the

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

29  administrative law judge recommends in favor of the affected

30  governmental entity local retirement system and the department

31  performs an actuarial review, prepares the statement of


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    CS for SB 2566                                 First Engrossed



 1  actuarial impact, or collects the requested information, the

 2  cost to the department of performing the actuarial review,

 3  preparing the statement, or collecting the requested

 4  information shall be paid by the Department of Management

 5  Services.

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

 7  Department of Management Services shall also notify the

 8  Department of Community Affairs. Upon receipt of notification,

 9  the Department of Community Affairs shall proceed pursuant to

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

11  district.

12         Section 8.  Section 130.04, Florida Statutes, is

13  amended to read:

14         130.04  Sale Notice for bids and disposition of

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

16  the result of such election, the county commissioners shall

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

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

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

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

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

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

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

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

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

26  installments of interest shall be due and payable. Any and all

27  bids shall be rejected if the commissioners shall deem it to

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

29  a new notice to be given in like manner inviting other bids

30  for said bonds; provided, that when the rate of interest on

31  said bonds exceeds 5 percent per annum, said bonds shall not


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    CS for SB 2566                                 First Engrossed



 1  be sold for less than 95 cents on the dollar, but when any

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

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

 4  cases the county commissioners may accept less than 95 cents

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

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

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

 8         Section 9.  Subsection (1) of section 132.02, Florida

 9  Statutes, is amended to read:

10         132.02  Taxing units may refund obligations.--

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

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

13  other taxing district districts in this state, herein

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

15  or resolutions of the governing body thereof (meaning thereby

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

17  amount of tax levies required for taxing the taxable property

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

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

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

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

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

23  certificates of indebtedness or interest on any such paving

24  certificates of indebtedness, now or hereafter outstanding, or

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

26  bonds, whether such unit created such indebtedness or has

27  assumed, or may become liable therefor, and whether

28  indebtedness to be refunded has matured or to thereafter

29  become matured.

30         Section 10.  Section 132.09, Florida Statutes, is

31  amended to read:


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    CS for SB 2566                                 First Engrossed



 1         132.09  Sale of bonds Notice of sale; bids and award;

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

 3  otherwise expressly provided) shall be sold in the manner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18  are redeemable or become payable before maturity, the amount

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

20  if accepted, and such other pertinent information as the

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

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

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

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

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

26  bidder making the most advantageous bid which shall be

27  determined by the governing body in its absolute and

28  uncontrolled discretion.  The right to reject all bids shall

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

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

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


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    CS for SB 2566                                 First Engrossed



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

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

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

 4         Section 11.  Paragraph (a) of subsection (2) of section

 5  163.05, Florida Statutes, is amended to read:

 6         163.05  Small County Technical Assistance Program.--

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

 8  Legislature declares that:

 9         (a)  The financial difficulties fiscal emergencies

10  confronting small counties require an investment that will

11  facilitate efforts to improve the productivity and efficiency

12  of small counties' structures and operating procedures.

13         Section 12.  Subsection (2) of section 166.121, Florida

14  Statutes, is amended to read:

15         166.121  Issuance of bonds.--

16         (2)  The governing body of a municipality shall

17  determine the terms and manner of sale and distribution or

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

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

20  any and all powers necessary or convenient to such

21  disposition.

22         Section 13.  Section 166.241, Florida Statutes, is

23  amended to read:

24         166.241  Fiscal years, financial reports,

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

26         (1)  Each municipality shall report its finances

27  annually as provided by general law.

28         (1)(2)  Each municipality shall make provision for

29  establishing a fiscal year beginning October 1 of each year

30  and ending September 30 of the following year.

31  


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    CS for SB 2566                                 First Engrossed



 1         (2)(3)  The governing body of each municipality shall

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

 3  ordinance or resolution unless otherwise specified in the

 4  respective municipality's charter. The amount available from

 5  taxation and other sources, including amounts carried over

 6  from prior fiscal years, must equal the total appropriations

 7  for expenditures and reserves. The budget must regulate

 8  expenditures of the municipality, and it is unlawful for any

 9  officer of a municipal government to expend or contract for

10  expenditures in any fiscal year except in pursuance of

11  budgeted appropriations.

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

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

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

15  follows:

16         (a)  Appropriations for expenditures within a fund may

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

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

19  not changed.

20         (b)  The governing body may establish procedures by

21  which the designated budget officer may authorize certain

22  budget amendments within a department, provided that the total

23  of the appropriations of the department is not changed.

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

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

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

27  original budget unless otherwise specified in the charter of

28  the respective municipality.

29         Section 14.  Section 189.4044, Florida Statutes, is

30  amended to read:

31         189.4044  Special procedures for inactive districts.--


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    CS for SB 2566                                 First Engrossed



 1         (1)  The department shall declare inactive any special

 2  district in this state by documenting the following filing a

 3  report with the Speaker of the House of Representatives and

 4  the President of the Senate which shows that such special

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

 6  special district must be based upon a finding:

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

 8  following criteria:

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

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

11  the appropriate local general-purpose government notifies the

12  department in writing that the district has taken no action

13  for 2 or more calendar years;

14         2.  Following an inquiry from the department, the

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

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

17  local general-purpose government notifies the department in

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

19  sufficient number of governing board members to constitute a

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

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

22  the governing body of the appropriate local general-purpose

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

24  21 days; or 18 or more months;

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

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

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

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

29  years, to pay fees assessed by the Special District

30  Information Program pursuant to this chapter.

31  


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    CS for SB 2566                                 First Engrossed



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

 2  general-purpose government published That a notice of the

 3  proposed declaration of inactive status has been published

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

 5  in within the county or municipality in which wherein the

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

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

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

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

10  organized and operating, a general description of the

11  territory included in said special district, and a statement

12  stating that any objections must be filed pursuant to chapter

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

14  declaration or to any claims against the assets of said

15  special district shall be filed not later than 60 days

16  following the date of last publication with the department;

17  and

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

19  publication date of the notice of proposed declaration of

20  inactive status and no administrative appeals were sustained

21  objections have been filed.

22         (2)  If any special district is declared inactive

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

24  special district are subject to legal process for payment of

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

26  of said inactive special district, the remainder of its

27  property or assets shall escheat to the county or municipality

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

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

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

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


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    CS for SB 2566                                 First Engrossed



 1  general-purpose government wherein the same is situated and

 2  shall be assessed by the county property appraiser and

 3  collected by the county tax collector.

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

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

 6  declaration of inactive status to notify the Speaker of the

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

 8  notice of declaration of inactive status shall reference of

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

10  special district declared to be inactive under this

11  section.  The declaration of inactive status shall be

12  sufficient notice as required by s. 10, Art. III of the State

13  Constitution to authorize the Legislature to repeal any

14  special laws so reported. In the case of a district created by

15  one or more local general-purpose governments, the department

16  shall send a notice of declaration of inactive status to the

17  chair of the governing body of each local general-purpose

18  government that created the district.  In the case of a

19  district created by interlocal agreement, the department shall

20  send a notice of declaration of inactive status to the chair

21  of the governing body of each local general-purpose government

22  that entered into the interlocal agreement.

23         (4)  The entity that created a special district

24  declared inactive under this section must dissolve the special

25  district be dissolved by repealing repeal of its enabling laws

26  or by other appropriate means.

27         Section 15.  Subsection (1) of section 189.412, Florida

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

29  section, to read:

30         189.412  Special District Information Program; duties

31  and responsibilities.--The Special District Information


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    CS for SB 2566                                 First Engrossed



 1  Program of the Department of Community Affairs is created and

 2  has the following special duties:

 3         (1)  The collection and maintenance of special district

 4  noncompliance compliance status reports from the Department of

 5  Management Services Auditor General, the Department of

 6  Financial Services Banking and Finance, the Division of Bond

 7  Finance of the State Board of Administration, and the Auditor

 8  General the Department of Management Services, the Department

 9  of Revenue, and the Commission on Ethics for the reporting

10  required in ss. 112.3144, 112.3145, 112.3148, 112.3149,

11  112.63, 200.068, 218.32, 218.38, and 218.39, and 280.17 and

12  chapter 121 and from state agencies administering programs

13  that distribute money to special districts. The noncompliance

14  special district compliance status reports must list those

15  consist of a list of special districts used in that state

16  agency and a list of which special districts that did not

17  comply with the statutory reporting requirements statutorily

18  required by that agency.

19         (8)  Providing assistance to local general-purpose

20  governments and certain state agencies in collecting

21  delinquent reports or information, helping special districts

22  comply with reporting requirements, declaring special

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

24  Legislative Auditing Committee, initiating enforcement

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

26         Section 16.  Subsections (1) and (2) of section

27  189.418, Florida Statutes, are amended, subsection (5) is

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

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

30  (5) is added to that section, to read:

31         189.418  Reports; budgets; audits.--


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    CS for SB 2566                                 First Engrossed



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

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

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

 4  or other document that provides for the creation of the

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

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

 7  dependent or independent and the basis for such

 8  classification. In addition to the document or documents that

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

10  the district, showing any municipal boundaries that cross the

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

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

13  the local government or other entity and the district within

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

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

16  be dependent or independent.

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

18  document by which the district was created, including changes

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

20  days after adoption. The department may initiate proceedings

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

22  189.422 for failure to file the information required by this

23  subsection.

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

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

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

27  year.  The budget amendment must be adopted by resolution.

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

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

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

31  


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    CS for SB 2566                                 First Engrossed



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

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

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

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

 5         (c)  When the local governing authority is a

 6  municipality, be filed at the place designated by the

 7  municipal governing body.

 8         Section 17.  Section 189.419, Florida Statutes, is

 9  amended to read:

10         189.419  Effect of failure to file certain reports or

11  information.--

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

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

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

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

16  governing authority, the person authorized to receive and read

17  the reports or information shall notify the district's

18  registered agent and the appropriate local governing authority

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

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

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

22  except that an extension may not exceed 30 days.

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

24  authorities or the board of county commissioners determines

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

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

27  petition the department and the department may proceed

28  pursuant to initiate proceedings against the special district

29  in the manner provided in s. 189.421.

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

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


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    CS for SB 2566                                 First Engrossed



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

 2  notify the department, and the department shall proceed

 3  pursuant to s. 189.421 may initiate proceedings against the

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

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

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

 7  noncompliance.

 8         Section 18.  Section 189.421, Florida Statutes, is

 9  amended to read:

10         (Substantial rewording of section. See

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

12         189.421  Failure of district to disclose financial

13  reports.--

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

15  department shall attempt to assist a special district to

16  comply with its financial reporting requirements by sending a

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

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

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

20  description of the required report, including statutory

21  submission deadlines, a contact telephone number for technical

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

23  extension of time for filing the required report with the

24  appropriate entity, the address where the report must be

25  filed, and an explanation of the penalties for

26  noncompliance.  The department may grant an additional 30-day

27  extension of time if requested to do so in writing by the

28  special district.  The department shall notify the appropriate

29  entity of the new extension of time.  In the case of a special

30  district that did not timely file the reports or information

31  required by s. 218.38, the department shall send a certified


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    CS for SB 2566                                 First Engrossed



 1  technical assistance letter to the special district that

 2  summarizes the requirements and encourages the special

 3  district to take steps to prevent the noncompliance from

 4  reoccurring.

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

 6  financial reporting requirements after the procedures of

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

 8  the special district.  The financial reporting requirements

 9  are hereby declared to be essential requirements of

10  law.  Remedy for noncompliance shall be by writ of certiorari

11  as set forth in subsection (3).

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

13  Auditing Committee shall notify the department of those

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

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

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

17  later, the department shall proceed as follows:

18  notwithstanding the provisions of chapter 120, the department

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

20  court. Venue for all actions pursuant to this subsection shall

21  be in Leon County. The court shall award the prevailing party

22  attorney's fees and costs in all cases filed pursuant to this

23  section unless affirmatively waived by all parties. A writ of

24  certiorari shall be issued unless a respondent establishes

25  that the notification of the Legislative Auditing Committee

26  was issued as a result of material error. Proceedings under

27  this subsection shall otherwise be governed by the Rules of

28  Appellate Procedure.

29         Section 19.  Subsection (5) of section 189.428, Florida

30  Statutes, is amended to read:

31         189.428  Special districts; oversight review process.--


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    CS for SB 2566                                 First Engrossed



 1         (5)  Those conducting the oversight review process

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

 3  evaluating the special district, but may also consider any

 4  additional factors relating to the district and its

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

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

 7  considered. The criteria to be considered by the reviewer

 8  include:

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

10  offered by the special district are essential or contribute to

11  the well-being of the community.

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

13  services currently provided by the special district.

14         (c)  The extent of municipal annexation or

15  incorporation activity occurring or likely to occur within the

16  boundaries of the special district and its impact on the

17  delivery of services by the special district.

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

19  of delivering the service or services that would adequately

20  provide the district residents with the services provided by

21  the district.

22         (e)  Whether transfer of the responsibility for

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

24  the special district being reviewed could be accomplished

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

26  or outstanding indebtedness.

27         (f)  Whether the Auditor General has notified the

28  Legislative Auditing Committee that the special district's

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

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

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


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    CS for SB 2566                                 First Engrossed



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

 2  if actions are not taken to address such condition.

 3         (g)  Whether the Auditor General has determined that

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

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

 6  the Legislative Auditing Committee.

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

 8  the official list of special districts, and whether the

 9  district is meeting and discharging its responsibilities as

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

11  decreases in district activity.

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

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

14  including preparation of the public facilities report.

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

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

17  complied with all open public records and meeting

18  requirements.

19         Section 20.  Paragraph (a) of subsection (1) of section

20  189.439, Florida Statutes, is amended to read:

21         189.439  Bonds.--

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

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

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

25  including, without limitation, the power to obtain working

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

27  refund any bonds or other indebtedness at the time outstanding

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

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

30  advertisement, if any, as the board considers

31  


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    CS for SB 2566                                 First Engrossed



 1  advisable.  Bonds may be authorized by resolution of the

 2  board.

 3         Section 21.  Subsections (1) and (2) of section

 4  191.005, Florida Statutes, is amended to read:

 5         191.005  District boards of commissioners; membership,

 6  officers, meetings.--

 7         (1)(a)  With the exception of districts whose governing

 8  boards are appointed collectively by the Governor, the county

 9  commission, and any cooperating city within the county, the

10  business affairs of each district shall be conducted and

11  administered by a five-member board. All three-member boards

12  existing on the effective date of this act shall be converted

13  to five-member boards, except those permitted to continue as a

14  three-member board by special act adopted in 1997 or

15  thereafter. The board shall be elected in nonpartisan

16  elections by the electors of the district.  Except as provided

17  in this act, such elections shall be held at the time and in

18  the manner prescribed by law for holding general elections in

19  accordance with s. 189.405(2)(a) and (3), and each member

20  shall be elected for a term of 4 years and serve until the

21  member's successor assumes office. Candidates for the board of

22  a district shall qualify with the county supervisor of

23  elections in whose jurisdiction the district is located.  If

24  the district is a multicounty district, candidates shall

25  qualify with the Department of State.  All candidates may

26  qualify by paying a filing fee of $25 or by obtaining the

27  signatures of at least 25 registered electors of the district

28  on petition forms provided by the supervisor of elections

29  which petitions shall be submitted and checked in the same

30  manner as petitions filed by nonpartisan judicial candidates

31  pursuant to s. 105.035. Notwithstanding s. 106.021, a


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    CS for SB 2566                                 First Engrossed



 1  candidate who does not collect contributions and whose only

 2  expense is the filing fee shall not be required to appoint a

 3  campaign treasurer or designate a primary campaign depository.

 4         (b)1.  At the next general election following the

 5  effective date of this act, or on or after the effective date

 6  of a special act or general act of local application creating

 7  a new district, the members of the board shall be elected by

 8  the electors of the district in the manner provided in this

 9  section.  The office of each member of the board is designated

10  as being a seat on the board, distinguished from each of the

11  other seats by a numeral:  1, 2, 3, 4, or 5.  The numerical

12  seat designation does not designate a geographical subdistrict

13  unless such subdistrict exists on the effective date of this

14  act, in which case the candidates must reside in the

15  subdistrict, and only electors of the subdistrict may vote in

16  the election for the member from that subdistrict.  Each

17  candidate for a seat on the board shall designate, at the time

18  the candidate qualifies, the seat on the board for which the

19  candidate is qualifying.  The name of each candidate who

20  qualifies for election to a seat on the board shall be

21  included on the ballot in a way that clearly indicates the

22  seat for which the candidate is a candidate.  The candidate

23  for each seat who receives the most votes cast for a candidate

24  for the seat shall be elected to the board.

25         2.  If, on the effective date of this act, a district

26  presently in existence elects members of its board, the next

27  election shall be conducted in accordance with this section,

28  but this section does not require the early expiration of any

29  member's term of office by more than 60 days.

30         3.  If, on the effective date of this act, a district

31  does not elect the members of its board, the entire board


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    CS for SB 2566                                 First Engrossed



 1  shall be elected in accordance with this section.  However, in

 2  the first election following the effective date of this act,

 3  seats 1, 3, and 5 shall be designated for 4-year terms and

 4  seats 2 and 4 shall be designated for 2-year terms.

 5         4.  If, on the effective date of this act, the district

 6  has an elected three-member board, one of the two seats added

 7  by this act shall, for the first election following the

 8  effective date of this act, be designated for a 4-year term

 9  and the other for a 2-year term, unless the terms of the three

10  existing seats all expire within 6 months of the first

11  election following the effective date of this act, in which

12  case seats 1, 3, and 5 shall be designated for 4-year terms

13  and seats 2 and 4 shall be designated for 2-year terms.

14         5.  If the district has an elected three-member board

15  designated to remain three members by special act adopted in

16  1997 or thereafter, the terms of the board members shall be

17  staggered. In the first election following the effective date

18  of this act, seats 1 and 3 shall be designated for 4-year

19  terms, and seat 2 for a 2-year term.

20         (c)  The board of any district may request the local

21  legislative delegation that represents the area within the

22  district to create by special law geographical subdistricts

23  for board seats.  Any board of five members or larger elected

24  on a subdistrict basis as of the effective date of this act

25  shall continue to elect board members from such previously

26  designated subdistricts, and this act shall not require the

27  elimination of board seats from such boards.

28         (2)  Each member of the board must be a qualified

29  elector at the time he or she qualifies and continually

30  throughout his or her term. Any board members who ceases to be

31  


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    CS for SB 2566                                 First Engrossed



 1  a qualified elector is automatically removed pursuant to this

 2  act.

 3         Section 22.  Subsection (3) of section 218.075, Florida

 4  Statutes, is amended to read:

 5         218.075  Reduction or waiver of permit processing

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

 7  Department of Environmental Protection and the water

 8  management districts shall reduce or waive permit processing

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

10  1, 1994, until such counties exceed a population of 75,000 and

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

12  county or municipality not included within a metropolitan

13  statistical area. Fee reductions or waivers shall be approved

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

15  particular project or activity. The governing body must

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

17  hardship due to one of the following factors:

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

19  results in the county or municipality being in determines a

20  state of financial emergency;

21  

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

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

24  municipality and the project for which the fee reduction or

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

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

27  $100.

28         Section 23.  Subsection (3) is added to section 218.32,

29  Florida Statutes, to read:

30         218.32  Annual financial reports; local governmental

31  entities.--


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    CS for SB 2566                                 First Engrossed



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

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

 3  municipality that has not reported any financial activity for

 4  the last 4 fiscal years.  Such notice shall be sufficient to

 5  initiate dissolution procedures described in s.

 6  165.051(1)(a).  Any special law authorizing the incorporation

 7  or creation of said municipality shall be included within the

 8  notification.

 9         Section 24.  Section 218.321, Florida Statutes, is

10  repealed.

11         Section 25.  Subsection (3) of section 218.39, Florida

12  Statutes, is amended to read:

13         218.39  Annual financial audit reports.--

14         (3)(a)  A dependent special district may make provision

15  for an annual financial audit by being included within the

16  audit of another local governmental entity upon which it is

17  dependent.  An independent special district may not make

18  provision for an annual financial audit by being included

19  within the audit of another local governmental entity.

20         (b)  A special district that is a component unit, as

21  defined by generally accepted accounting principles, of a

22  local government entity shall provide the local governmental

23  entity, within a reasonable time period as established by the

24  local governmental entity, with financial information

25  necessary to comply with this section. The failure of a

26  component unit to provide this financial information must be

27  noted in the annual financial audit report of the local

28  governmental entity.

29         Section 26.  Subsection (3) of section 218.36, Florida

30  Statutes, is amended to read:

31  


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    CS for SB 2566                                 First Engrossed



 1         218.36  County officers; record and report of fees and

 2  disposition of same.--

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

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

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

 6  with the provisions of this section.  Such notification shall

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

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

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

10         Section 27.  Section 218.369, Florida Statutes, is

11  amended to read:

12         218.369  Definitions applicable to ss.

13  218.37-218.386.--As used in this section and in ss. 218.37,

14  218.38, 218.385, and 218.386, the term "unit of local

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

16  municipality, special district, district school board, local

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

18  any other local governmental body or public body corporate and

19  politic authorized or created by general or special law and

20  granted the power to issue general obligation or revenue

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

22  shall be interpreted to include within their scope general

23  obligation bonds, revenue bonds, special assessment bonds,

24  limited revenue bonds, special obligation bonds, debentures,

25  and other similar instruments, but not bond anticipation

26  notes.

27         Section 28.  Part V of chapter 218, Florida Statutes,

28  entitled "Financial Emergencies" is renamed "Local

29  Governmental Entity and District School Board Financial

30  Emergencies."

31  


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    CS for SB 2566                                 First Engrossed



 1         Section 29.  Section 218.50, Florida Statutes, is

 2  amended to read:

 3         218.50  Popular name Short title.--Sections

 4  218.50-218.504 shall be known by the popular name as the

 5  "Local Governmental Entity and District School Board

 6  Government Financial Emergencies Act."

 7         Section 30.  Section 218.501, Florida Statutes, is

 8  amended to read:

 9         218.501  Purposes.--The purposes of ss. 218.50-218.504

10  are:

11         (1)  To promote preserve and protect the fiscal

12  responsibility solvency of local governmental entities and

13  district school boards.

14         (2)  To assist local governmental entities and district

15  school boards in providing essential services without

16  interruption and in meeting their financial obligations.

17         (3)  To assist local governmental entities and district

18  school boards through the improvement of local financial

19  management procedures.

20         Section 31.  Section 218.502, Florida Statutes, is

21  amended to read:

22         218.502  Definition.--As used in ss. 218.50-218.504,

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

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

25         Section 32.  Section 218.503, Florida Statutes, is

26  amended to read:

27         218.503  Determination of financial emergency.--

28         (1)  A Local governmental entities and district school

29  boards shall be subject to review and oversight by the

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

31  


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    CS for SB 2566                                 First Engrossed



 1  of financial emergency when any one of the following

 2  conditions occurs:

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

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

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

 6  result of a lack of funds.

 7         (b)  Failure to pay uncontested claims from creditors

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

 9  lack of funds.

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

11  due to lack of funds:

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

13         2.  Employer and employee contributions for:

14         a.  Federal social security; or

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

16  employee.

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

18  of funds:

19         1.  Wages and salaries owed to employees; or

20         2.  Retirement benefits owed to former employees.

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

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

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

24  the general purpose or basic financial statements, for which

25  sufficient resources of the local governmental entity, as

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

27  the general purpose or basic financial statements, are not

28  available to cover the deficit for 2 successive years.

29  Resources available to cover reported deficits include net

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

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


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    CS for SB 2566                                 First Engrossed



 1  legal constraints. Fixed or capital assets the disposal of

 2  which would impair the ability of a local governmental entity

 3  to carry out its functions are not considered resources

 4  available to cover reported deficits.

 5         (e)  Noncompliance of the local government retirement

 6  system with actuarial conditions provided by law.

 7         (2)  A local governmental entity shall notify the

 8  Governor and the Legislative Auditing Committee, and a

 9  district school board shall notify the Commissioner of

10  Education and the Legislative Auditing Committee, when one or

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

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

13  local governmental entity or district school board.  In

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

15  determination that one or more of the conditions specified in

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

17  taken to assist the local governmental entity or district

18  school board the identification of the financial emergency,

19  notify the Governor or the Commissioner of Education, as

20  appropriate, and the Legislative Auditing Committee when one

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

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

23  local governmental entity.

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

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

26  designee shall contact the local governmental entity or the

27  Commissioner of Education or his or her designee shall contact

28  the district school board to determine what actions have been

29  taken by the local governmental entity or the district school

30  board to resolve the condition financial emergency. The

31  Governor or the Commissioner of Education, as appropriate,


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    CS for SB 2566                                 First Engrossed



 1  shall determine whether the local governmental entity or the

 2  district school board needs state assistance to resolve the

 3  condition.  If state assistance is needed, the local

 4  governmental entity or district school board is considered to

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

 6  Commissioner of Education, as appropriate, has the authority

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

 8  assist the local governmental entity or district school board

 9  in resolving resolve the financial emergency.  Such measures

10  may include, but are not limited to:

11         (a)  Requiring approval of the local governmental

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

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

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

15  governmental entity and providing for repayment of same.

16         (c)  Prohibiting a local governmental entity or

17  district school board from issuing bonds, notes, certificates

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

19  it is no longer subject to this section.

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

21  information, reports, and assets of the local governmental

22  entity or district school board. The appropriate local

23  officials shall cooperate in such, in which inspections and

24  reviews the appropriate local officials shall cooperate.

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

26  local governmental entity or the district school board and the

27  appropriate state officials agency regarding any steps

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

29  financial procedures, and reports into compliance with state

30  requirements.

31  


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    CS for SB 2566                                 First Engrossed



 1         (f)  Providing technical assistance to the local

 2  governmental entity or the district school board.

 3         (g)1.  Establishing a financial emergency emergencies

 4  board to oversee the activities of the local governmental

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

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

 7  shall be appointed by the Governor shall appoint board members

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

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

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

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

12  necessary. The financial emergency board shall adopt such

13  rules as are necessary for conducting board business. The

14  board may:

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

16  of the local governmental entity or the district school board

17  as are needed.

18         b.  Consult with the officials and auditors of the

19  local governmental entity or the district school board and the

20  appropriate state officials regarding any steps necessary to

21  bring the books of account, accounting systems, financial

22  procedures, and reports of the local governmental entity or

23  the district school board into compliance with state

24  requirements.

25         c.  Review the operations, management, efficiency,

26  productivity, and financing of functions and operations of the

27  local governmental entity or district school board.

28         2.  The recommendations and reports made by the

29  financial emergency board must be submitted to the Governor

30  for local governmental entities or to the Commissioner of

31  


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    CS for SB 2566                                 First Engrossed



 1  Education and the State Board of Education for district school

 2  boards for appropriate action.

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

 4  officials of the appropriate state agency in conjunction with

 5  the local governmental entity or the district school board in

 6  consultation with the appropriate state officials, prescribing

 7  actions that will cause the local governmental entity or

 8  district school board to no longer be subject to this

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

10         1.  Provision for payment in full of obligations

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

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

13  obligations, pension payments, and all payments and charges

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

15  judgments and past due accounts, as priority items of

16  expenditures.

17         2.  Establishment of a basis of priority budgeting or

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

19  items that are not affordable.

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

21  be sustained only with nonrecurring revenues.

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

23  governmental entity or district school board may not seek

24  application of laws under the bankruptcy provisions of the

25  United States Constitution except with the prior approval of

26  the Governor for local governmental entities or the

27  Commissioner of Education for district school boards.

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

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

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

31  emergency pursuant to this section may impose a discretionary


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    CS for SB 2566                                 First Engrossed



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

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

 3  facilities within the municipality which are open for use to

 4  the general public.

 5         (b)  A municipal governing authority that imposes the

 6  surcharge authorized by this subsection may use the proceeds

 7  of such surcharge for the following purposes only:

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

 9  of the surcharge proceeds shall be used by the governing

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

11  reduce or eliminate non-ad valorem assessments.

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

13  shall be used by the governing authority to increase its

14  budget reserves; however, the governing authority shall not

15  reduce the amount it allocates for budget reserves from other

16  sources below the amount allocated for reserves in the fiscal

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

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

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

20  fiscal years, the remaining proceeds from this subparagraph

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

22  to outstanding obligations backed or secured by a covenant to

23  budget and appropriate from non-ad valorem revenues.

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

25         Section 33.  Section 218.504, Florida Statutes, is

26  amended to read:

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

28  the Commissioner of Education, as appropriate, has the

29  authority to terminate all state actions pursuant to ss.

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

31  


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    CS for SB 2566                                 First Engrossed



 1  until the Governor or the Commissioner of Education, as

 2  appropriate, has determined that:

 3         (1)  The local governmental entity or district school

 4  board:

 5         (a)  Has established and is operating an effective

 6  financial accounting and reporting system.

 7         (b)  Has resolved corrected or eliminated the fiscal

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

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

10  outlined in s. 218.503(1) exists exist.

11         Section 34.  Chapter 131, Florida Statutes, consisting

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

13  131.06, Florida Statutes, is repealed.

14         Section 35.  Section 132.10, Florida Statutes, is

15  repealed.

16         Section 36.  Section 165.052, Florida Statutes, is

17  repealed.

18         Section 37.  Section 189.409, Florida Statutes, is

19  repealed.

20         Section 38.  Section 189.422, Florida Statutes, is

21  repealed.

22         Section 39.  Section 200.0684, Florida Statutes, is

23  repealed.

24         Section 40.  Paragraph (h) of subsection (1) of section

25  218.37, Florida Statutes, is repealed.

26         Section 41.  Section 215.195, Florida Statutes, is

27  amended to read:

28         215.195  Agency deposits relating to the Statewide Cost

29  Allocation Plan.--

30         (1)  APPLICATION FOR ALLOCABLE STATEWIDE

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


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    CS for SB 2566                                 First Engrossed



 1  application for federal grant or contract funds shall, in

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

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

 4  services provided by state central service agencies which are

 5  reimbursable to the state pursuant to the provisions of Office

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

 7  Statewide Cost Allocation Plan and coordination thereof with

 8  all applicable parties is the responsibility of the Department

 9  of Financial Services. The Department of Financial Services

10  shall ensure that the SWCAP presents the most favorable

11  allocation of central services cost allowable to the state by

12  the Federal Government.

13         (2)  DEPOSIT OF OVERHEAD IN THE GENERAL REVENUE

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

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

16  federal grant or contract shall identify that portion

17  representing reimbursement of allocable statewide overhead and

18  deposit that amount into the General Revenue Fund unallocated

19  as directed by the Department of Financial Services Executive

20  Office of the Governor. The Department of Financial Services

21  shall be responsible for monitoring agency compliance with

22  this section.

23         Section 42.  Section 215.97, Florida Statutes, is

24  amended to read:

25         215.97  Florida Single Audit Act.--

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

27         (a)  Establish uniform state audit requirements for

28  state financial assistance provided by state agencies to

29  nonstate entities to carry out state projects.

30  

31  


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    CS for SB 2566                                 First Engrossed



 1         (b)  Promote sound financial management, including

 2  effective internal controls, with respect to state financial

 3  assistance administered by nonstate entities.

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

 5  the extent possible on already required audits of federal

 6  financial assistance provided to nonstate entities.

 7         (d)  Provide for identification of state financial

 8  assistance transactions in the appropriations act, state

 9  accounting records, and recipient organization records.

10         (e)  Promote improved coordination and cooperation

11  within and between affected state agencies providing state

12  financial assistance and nonstate entities receiving state

13  assistance.

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

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

16  financial assistance provided to nonstate entities.

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

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

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

20  or project-specific audit of a nonstate entity shall be

21  conducted in accordance with this section. Each nonstate

22  entity that expends a total amount of state financial

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

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

25  single audit, or a project-specific audit performed by an

26  independent auditor, for such fiscal year in accordance with

27  the requirements of this section. Every 2 years the Auditor

28  General, after consulting with the Executive Office of the

29  Governor, the Department of Financial Services Comptroller,

30  and all state awarding agencies that provide state financial

31  assistance to nonstate entities, shall review the threshold


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    CS for SB 2566                                 First Engrossed



 1  amount for requiring audits under this section and may adjust

 2  such threshold dollar amount consistent with the purposes

 3  purpose of this section.

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

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

 6  for-profit organizations, nonprofit organizations, or local

 7  governmental entities.

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

 9  comprehensive listing of state projects. The Catalog of State

10  Financial Assistance shall be issued by the Department of

11  Financial Services Executive Office of the Governor after

12  conferring with the Comptroller and all state awarding

13  agencies that provide state financial assistance to nonstate

14  entities. The Catalog of State Financial Assistance shall

15  include for each listed state project: the responsible state

16  awarding agency; standard state project number identifier;

17  official title; legal authorization; and description of the

18  state project, including objectives, restrictions, application

19  and awarding procedures, and other relevant information

20  determined necessary.

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

22  agency that provides the predominant amount of state financial

23  assistance expended by a recipient, as determined by the

24  recipient's Schedule of Expenditures of State Financial

25  Assistance. To provide continuity, the determination of the

26  predominant amount of state financial assistance shall be

27  based upon state financial assistance expended in the

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

29  every third year thereafter.

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

31  nonstate entities' financial statements, Schedule of


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    CS for SB 2566                                 First Engrossed



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

 2  management letter, auditee's written responses or corrective

 3  action plan, correspondence on followup of prior years'

 4  corrective actions taken, and such other information

 5  determined by the Auditor General to be necessary and

 6  consistent with the purposes of this section.

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

 8  assistance from federal sources passed through the state and

 9  provided to nonstate organizations entities to carry out a

10  federal program. "Federal financial assistance" includes all

11  types of federal assistance as defined in applicable United

12  States Office of Management and Budget circulars.

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

14  organization or sole proprietor that but is not a local

15  governmental entity or a nonprofit organization.

16         (h)(g)  "Independent auditor" means an independent

17  external state or local government auditor or a certified

18  public accountant licensed under chapter 473 who meets the

19  independence standards.

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

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

22  other personnel, designed to provide reasonable assurance

23  regarding the achievement of objectives in the following

24  categories:

25         1.  Effectiveness and efficiency of operations.

26         2.  Reliability of financial operations.

27         3.  Compliance with applicable laws and regulations.

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

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

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

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


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    CS for SB 2566                                 First Engrossed



 1  which independently exercises any type of governmental

 2  function within the state.

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

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

 5  of Financial Services Executive Office of the Governor. Such

 6  criteria shall be established after consultation with all the

 7  Comptroller and appropriate state awarding agencies that

 8  provide state financial assistance and shall consider the

 9  amount of state project expenditures and or expenses or

10  inherent risks. Each major state project shall be audited in

11  accordance with the requirements of this section.

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

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

14         1.  Is operated primarily for scientific, educational

15  service, charitable, or similar purpose in the public

16  interest;

17         2.  Is not organized primarily for profit;

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

19  the operations of the organization; and

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

21  to its members, directors, or officers.

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

23  entity, nonprofit organization, or for-profit organization

24  that receives state financial assistance resources.

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

26  entity, nonprofit organization, or for-profit organization

27  that receives state resources.

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

29  receives state financial assistance directly from a state

30  awarding agency.

31  


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    CS for SB 2566                                 First Engrossed



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

 2  Assistance" means a document prepared in accordance with the

 3  rules of the Department of Financial Services Comptroller and

 4  included in each financial reporting package required by this

 5  section.

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

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

 8  financial assistance to a the nonstate entity.

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

10  assistance from state resources, not including federal

11  financial assistance and state matching on federal programs,

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

13  project. "State financial assistance" shall include the

14  includes all types of state resources assistance as stated in

15  the rules of the Department of Financial Services Executive

16  Office of the Governor established in consultation with all

17  the Comptroller and appropriate state awarding agencies that

18  provide state financial assistance. It includes State

19  financial assistance may be provided directly by state

20  awarding agencies or indirectly by nonstate entities

21  recipients of state awards or subrecipients. State financial

22  assistance It does not include procurement contracts used to

23  buy goods or services from vendors and. Audits of such

24  procurement contracts with vendors are outside of the scope of

25  this section. Also, audits of contracts to operate state-owned

26  state-government-owned and contractor-operated facilities are

27  excluded from the audit requirements of this section.

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

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

30  financial participation matching requirements of federal

31  programs.


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    CS for SB 2566                                 First Engrossed



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

 2  activities undertaken to realize identifiable goals and

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

 4  legislative intent requiring accountability for state

 5  resources.

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

 7  provides all state financial assistance to a nonstate

 8  organization and that must be entity assigned a single state

 9  project number identifier in the Catalog of State Financial

10  Assistance.

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

12  document issued by the Department of Financial Services

13  Executive Office of the Governor, in consultation with the

14  Comptroller and all state awarding agencies that provide state

15  financial assistance. The State Projects Compliance Supplement

16  shall identify state projects, the significant compliance

17  requirements, eligibility requirements, matching requirements,

18  suggested audit procedures, and other relevant information

19  determined necessary.

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

21  of one state project performed in accordance with the

22  requirements of subsection (10) (9).

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

24  nonstate entity's financial statements and state financial

25  assistance. Such audits shall be conducted in accordance with

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

27  General.

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

29  receives state financial assistance through another nonstate

30  entity.

31  


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    CS for SB 2566                                 First Engrossed



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

 2  or other seller providing goods or services that are required

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

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

 5  beneficiaries of the state project.

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

 7  responsible for notifying the Department of Financial Services

 8  of any actions during the budgetary process which impact the

 9  Catalog of State Financial Assistance.:

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

11  awarding agencies, adopt rules necessary to provide

12  appropriate guidance to state awarding agencies, recipients

13  and subrecipients, and independent auditors of state financial

14  assistance relating to the requirements of this section,

15  including:

16         1.  The types or classes of financial assistance

17  considered to be state financial assistance which would be

18  subject to the requirements of this section. This would

19  include guidance to assist in identifying when the state

20  agency or recipient has contracted with a vendor rather than

21  with a recipient or subrecipient.

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

23         3.  The criteria for selecting state projects for

24  audits based on inherent risk.

25         (b)  Be responsible for coordinating the initial

26  preparation and subsequent revisions of the Catalog of State

27  Financial Assistance after consultation with the Comptroller

28  and all state awarding agencies.

29         (c)  Be responsible for coordinating the initial

30  preparation and subsequent revisions of the State Projects

31  


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    CS for SB 2566                                 First Engrossed



 1  Compliance Supplement, after consultation with the Comptroller

 2  and all state awarding agencies.

 3         (4)  The Department of Financial Services Comptroller

 4  shall:

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

 6  Governor and all state awarding agencies, adopt rules

 7  necessary to provide appropriate guidance to state awarding

 8  agencies, nonstate entities, and independent auditors of state

 9  financial assistance relating to the requirements of this

10  section, including:

11         1.  The types or classes of state resources considered

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

13  requirements of this section. This would include guidance to

14  assist in identifying when the state awarding agency or a

15  nonstate entity has contracted with a vendor rather than with

16  a recipient or subrecipient.

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

18         3.  The criteria for selecting state projects for

19  audits based on inherent risk.

20         (b)  Be responsible for coordinating revisions to the

21  Catalog of State Financial Assistance after consultation with

22  the Executive Office of the Governor and all state awarding

23  agencies.

24         (c)  Be responsible for coordinating with the Executive

25  Office of the Governor actions affecting the budgetary process

26  under paragraph (b).

27         (d)  Be responsible for coordinating revisions to the

28  State Projects Compliance Supplement, after consultation with

29  the Executive Office of the Governor and all state awarding

30  agencies.

31  


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    CS for SB 2566                                 First Engrossed



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

 2  system to provide for the:

 3         1.  Recording of state financial assistance and federal

 4  financial assistance appropriations and expenditures within

 5  the state awarding agencies' operating funds.

 6         2.  Recording of state project number identifiers, as

 7  provided in the Catalog of State Financial Assistance, for

 8  state financial assistance.

 9         3.  Establishment and recording of an identification

10  code for each financial transaction, including state awarding

11  agencies' disbursements of state financial assistance and

12  federal financial assistance, as to the corresponding type or

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

14  governmental agencies, nonprofit organizations, and for-profit

15  organizations), and disbursements of federal financial

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

17  is not a nonstate entity recipient or subrecipient.

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

19  the Governor and all state awarding agencies, adopt rules

20  necessary to provide appropriate guidance to state awarding

21  agencies, nonstate entities recipients and subrecipients, and

22  independent auditors of state financial assistance relating to

23  the format for the Schedule of Expenditures of State Financial

24  Assistance.

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

26  investigations, or audits of state financial assistance

27  considered necessary in carrying out the Department of

28  Financial Services's Comptroller's legal responsibilities for

29  state financial assistance or to comply with the requirements

30  of this section.

31         (5)  Each state awarding agency shall:


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    CS for SB 2566                                 First Engrossed



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

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

 3  including:

 4         1.  The audit and accountability requirements for state

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

 6  Executive Office of the Governor, rules of the Department of

 7  Financial Services Comptroller, and rules of the Auditor

 8  General.

 9         2.  Information from the Catalog of State Financial

10  Assistance, including the standard state project number

11  identifier; official title; legal authorization; and

12  description of the state project including objectives,

13  restrictions, and other relevant information determined

14  necessary.

15         3.  Information from the State Projects Compliance

16  Supplement, including the significant compliance requirements,

17  eligibility requirements, matching requirements, suggested

18  audit procedures, and other relevant information determined

19  necessary.

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

21  state financial assistance, to allow the state awarding

22  agency, the Department of Financial Services Comptroller, and

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

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

25  for complying with the requirements of this section.

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

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

28  arrange for the conduct of additional audits or evaluations of

29  state financial assistance or limit the authority of any state

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

31  other state official.


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    CS for SB 2566                                 First Engrossed



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

 2  package prepared in accordance with the requirement of this

 3  section.

 4         (e)  Review the recipient's recipient financial

 5  reporting package, including the management letters and

 6  corrective action plans, to the extent necessary to determine

 7  whether timely and appropriate corrective action has been

 8  taken with respect to audit findings and recommendations

 9  pertaining to state financial assistance that are specific to

10  provided by the state awarding agency.

11         (f)  Designate within the state awarding agency a

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

13  responsible for reviewing financial reporting packages

14  pursuant to paragraph (e).

15  

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

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

18  designated division, bureau, or other organizational unit

19  shall communicate to the coordinating agency the state

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

21  action plan with respect to findings and recommendations that

22  are not specific to the state awarding agency.

23         (6)  Each coordinating agency shall:

24         (a)  Review the recipient's financial reporting

25  package, including the management letter and corrective action

26  plan, to identify audit findings and recommendations that

27  affect state financial assistance which are not specific to a

28  particular state awarding agency.

29         (b)  For any such findings and recommendations

30  determine:

31  


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    CS for SB 2566                                 First Engrossed



 1         1.  Whether timely and appropriate corrective action

 2  has been taken.

 3         2.  Promptly inform the state awarding agency's

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

 5  actions taken by the recipient to comply with the approved

 6  corrective action plan.

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

 8  use of any succeeding coordinating agency.

 9         (7)(6)  As a condition of receiving state financial

10  assistance, each nonstate entity recipient that provides state

11  financial assistance to a subrecipient shall:

12         (a)  Provide to each a subrecipient information needed

13  by the subrecipient to comply with the requirements of this

14  section, including:

15         1.  Identification of the state awarding agency.

16         2.  The audit and accountability requirements for state

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

18  Executive Office of the Governor, rules of the Department of

19  Financial Services Comptroller, and rules of the Auditor

20  General.

21         3.  Information from the Catalog of State Financial

22  Assistance, including the standard state project number

23  identifier; official title; legal authorization; and

24  description of the state project, including objectives,

25  restrictions, and other relevant information.

26         4.  Information from the State Projects Compliance

27  Supplement including the significant compliance requirements,

28  eligibility requirements, matching requirements, and suggested

29  audit procedures, and other relevant information determined

30  necessary.

31  


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    CS for SB 2566                                 First Engrossed



 1         (b)  Review the financial reporting package of the

 2  subrecipient audit reports, including the management letter

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

 4  determine whether timely and appropriate corrective action has

 5  been taken with respect to audit findings and recommendations

 6  pertaining to state financial assistance provided by a the

 7  state awarding agency or nonstate entity.

 8         (c)  Perform such other procedures as specified in

 9  terms and conditions of the written agreement with the state

10  awarding agency or nonstate entity including any required

11  monitoring of the subrecipient's use of state financial

12  assistance through onsite visits, limited scope audits, or

13  other specified procedures.

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

15  state financial assistance, to permit the independent auditor

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

17  the Department of Financial Services Comptroller, and the

18  Auditor General access to the subrecipient's records and the

19  subrecipient's independent auditor's working papers as

20  necessary to comply with the requirements of this section.

21         (8)(7)  Each recipient or subrecipient of state

22  financial assistance shall comply with the following:

23         (a)  Each nonstate entity that receives state financial

24  assistance and meets the audit threshold requirements, in any

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

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

27  for such fiscal year in accordance with the requirements of

28  this act and with additional requirements established in rules

29  of the Executive Office of the Governor, rules of the

30  Department of Financial Services Comptroller, and rules of the

31  Auditor General. If only one state project is involved in a


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    CS for SB 2566                                 First Engrossed



 1  nonstate entity's fiscal year, the nonstate entity may elect

 2  to have only a state project-specific audit of the state

 3  project for that fiscal year.

 4         (b)  Each nonstate entity that receives state financial

 5  assistance and does not meet the audit threshold requirements,

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

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

 8  fiscal year from the state single audit requirements of this

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

10  conditions specified in the written agreement with the state

11  awarding agency or nonstate entity.

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

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

14  nonstate entity from compliance with provisions of law

15  relating to maintaining records concerning state financial

16  assistance to such nonstate entity or allowing access and

17  examination of those records by the state awarding agency,

18  nonstate entity, the Department of Financial Services

19  Comptroller, or the Auditor General.

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

21  performed annually.

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

23  conducted by independent auditors in accordance with auditing

24  standards as stated in rules of the Auditor General.

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

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

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

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

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

30  package shall be filed with the nonstate entity recipient that

31  provided the state financial assistance and the Auditor


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    CS for SB 2566                                 First Engrossed



 1  General. The financial reporting package shall be filed in

 2  accordance with the rules of the Auditor General.

 3         (g)  All financial reporting packages prepared pursuant

 4  to the requirements of this section shall be available for

 5  public inspection.

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

 7  discloses any significant audit findings relating to state

 8  financial assistance, including material noncompliance with

 9  individual state project compliance requirements or reportable

10  conditions in internal controls of the nonstate entity, the

11  nonstate entity shall submit as part of the financial

12  reporting audit package to the state awarding agency or

13  nonstate entity a plan for corrective action to eliminate such

14  audit findings or a statement describing the reasons that

15  corrective action is not necessary.

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

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

18  federal Single Audit Act and other federal laws and

19  regulations. To the extent that such federally required audits

20  provide the state awarding agency or nonstate entity with

21  information it requires to carry out its responsibilities

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

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

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

25  pursuant to this section are is allowable charges to state

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

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

28  audit requirements of this section in relation to other audit

29  requirements. The nonstate entity should allocate such

30  incremental costs to all state projects for which it expended

31  state financial assistance.


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    CS for SB 2566                                 First Engrossed



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

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

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

 4  nonstate entity fails to have an audit conducted consistent

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

 6  agencies may take appropriate corrective action to enforce

 7  compliance.

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

 9  agency or nonstate entity from including terms and conditions

10  in the written agreement which require additional assurances

11  that state financial assistance meets the applicable

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

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

14  provides state financial assistance to nonstate entities and

15  conducts or arranges for audits of state financial assistance

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

17  including audits of nonstate entities that do not meet the

18  audit threshold requirements, shall, consistent with other

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

20  additional audits.

21         (9)(8)  The independent auditor when conducting a state

22  single audit of a nonstate entity recipients or subrecipients

23  shall:

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

25  statements are presented fairly in all material respects in

26  conformity with generally accepted accounting principles.

27         (b)  Determine whether state financial assistance shown

28  on the Schedule of Expenditures of State Financial Assistance

29  is presented fairly in all material respects in relation to

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

31  


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    CS for SB 2566                                 First Engrossed



 1         (c)  With respect to internal controls pertaining to

 2  each major state project:

 3         1.  Obtain an understanding of internal controls;

 4         2.  Assess control risk;

 5         3.  Perform tests of controls unless the controls are

 6  deemed to be ineffective; and

 7         4.  Determine whether the nonstate entity has internal

 8  controls in place to provide reasonable assurance of

 9  compliance with the provisions of laws and rules pertaining to

10  state financial assistance that have a material effect on each

11  major state project.

12         (d)  Determine whether each major state project

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

14  identified in the State Projects Compliance Supplement, or

15  otherwise identified by the state awarding agency, which have

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

17  state projects are less than 50 percent of the nonstate

18  entity's total expenditures for all state financial

19  assistance, the auditor shall select and test additional state

20  projects as major state projects as necessary to achieve audit

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

22  state financial assistance provided to the nonstate entity.

23  Additional state projects needed to meet the 50-percent

24  requirement may be selected on an inherent risk basis as

25  stated in the rules of the Department of Financial Services

26  Executive Office of the Governor.

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

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

29  Executive Office of the Governor, rules of the Department of

30  Financial Services Comptroller, and rules of the Auditor

31  General. Financial reporting packages Audit reports shall


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    CS for SB 2566                                 First Engrossed



 1  include summaries of the auditor's results regarding the

 2  nonstate entity's financial statements; Schedule of

 3  Expenditures of State Financial Assistance; internal controls;

 4  and compliance with laws, rules, and guidelines.

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

 6  rules of the Auditor General.

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

 8  available the working papers relating to the audit conducted

 9  pursuant to the requirements of this section to the state

10  awarding agency, the Department of Financial Services

11  Comptroller, or the Auditor General for review or copying.

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

13  state project-specific audit of a nonstate entity recipients

14  or subrecipients, shall:

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

16  of Expenditures of State Financial Assistance is presented

17  fairly in all material respects in conformity with stated

18  accounting policies.

19         (b)  Obtain an understanding of internal controls

20  control and perform tests of internal controls control over

21  the state project consistent with the requirements of a major

22  state project.

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

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

25  identified in the State Projects Compliance Supplement, or

26  otherwise identified by the state awarding agency, which could

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

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

29  project-specific audit consistent with the requirements of the

30  state single audit and issue a management letter as prescribed

31  in the rules of the Auditor General.


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    CS for SB 2566                                 First Engrossed



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

 2  available the working papers relating to the audit conducted

 3  pursuant to the requirements of this section to the state

 4  awarding agency, the Department of Financial Services

 5  Comptroller, or the Auditor General for review or copying.

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

 7         (a)  Have the authority to audit state financial

 8  assistance provided to any nonstate entity when determined

 9  necessary by the Auditor General or when directed by the

10  Legislative Auditing Committee.

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

12  independent auditors are to follow for audits of nonstate

13  entities required by this section.

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

15  filing deadlines for the financial reporting package.

16         (d)  Provide technical advice upon request of the

17  Department of Financial Services Comptroller, Executive Office

18  of the Governor, and state awarding agencies relating to

19  financial reporting and audit responsibilities contained in

20  this section.

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

22  package prepared in accordance with the requirements of this

23  section.

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

25  reporting packages filed pursuant to the requirements of this

26  section to determine compliance with the reporting

27  requirements of this section and applicable rules of the

28  Executive Office of the Governor, rules of the Department of

29  Financial Services Comptroller, and rules of the Auditor

30  General.

31  


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    CS for SB 2566                                 First Engrossed



 1         Section 43.  Section 1010.47, Florida Statutes, is

 2  amended to read:

 3         1010.47  Receiving bids and sale of bonds.--

 4         (1)  If the issuance of bonds is authorized at the

 5  election, or if any bonds outstanding against the district are

 6  being refunded, the district school board shall sell the bonds

 7  in the manner provided in s. 218.385. cause notice to be given

 8  by publication in some newspaper published in the district

 9  that the board will receive bids for the purchase of the bonds

10  at the office of the district school superintendent. The

11  notice shall be published twice, and the first publication

12  shall be given not less than 30 days prior to the date set for

13  receiving the bids. The notice shall specify the amount of the

14  bonds offered for sale, shall state whether the bids shall be

15  sealed bids or whether the bonds are to be sold at auction,

16  and shall give the schedule of maturities of the proposed

17  bonds and such other pertinent information as may be

18  prescribed by rules of the State Board of Education. Bidders

19  may be invited to name the rate of interest that the bonds are

20  to bear or the district school board may name rates of

21  interest and invite bids thereon. In addition to publication

22  of notice of the proposed sale as set forth in this

23  subsection, the district school board shall notify in writing

24  at least three recognized bond dealers in the state, and, at

25  the same time, notify the Department of Education concerning

26  the proposed sale and enclose a copy of the advertisement.

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

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

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

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

31  duly advertised public sale, provided that at no time shall


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    CS for SB 2566                                 First Engrossed



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

 2  value except as specifically authorized by the Department of

 3  Education; and provided, further, that the district school

 4  board shall have the right to reject all bids and cause a new

 5  notice to be given in like manner inviting other bids for such

 6  bonds, or to sell all or any part of such bonds to the State

 7  Board of Education at a price and yield basis that shall not

 8  be less advantageous to the district school board than that

 9  represented by the highest and best bid received. In the

10  marketing of the bonds, the district school board shall be

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

12  Division of Bond Finance, the Commissioner of Education, or

13  any other public state officer or agency. In determining the

14  highest and best bidder for bonds offered for sale, the net

15  interest cost to the school board as shown in standard bond

16  tables shall govern, provided that the determination of the

17  district school board as to the highest and best bidder shall

18  be final.

19         Section 44.  Effective July 1, 2003, one full-time

20  equivalent position is transferred from the Executive Office

21  of the Governor to the Department of Financial Services.

22         Section 45.  This act shall take effect upon becoming a

23  law.

24  

25  

26  

27  

28  

29  

30  

31  


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