Florida Senate - 2012                                    SB 1868
       
       
       
       By Senator Gardiner
       
       
       
       
       9-01394A-12                                           20121868__
    1                        A bill to be entitled                      
    2         An act relating to federal grants; requiring a county,
    3         municipality, or special district to identify and
    4         disclose the unfunded, long-term costs of a project
    5         funded by a federal grant; requiring the entity to
    6         disclose a plan for funding the project after the
    7         depletion of federal funds; authorizing a person to
    8         file a civil action to enforce the disclosure of
    9         unfunded, long-term costs of a county, municipality,
   10         or special district project funded by a federal grant;
   11         requiring the court to assess reasonable costs,
   12         including attorney fees, against the county,
   13         municipality, or special district if the court finds
   14         that the county, municipality, or special district did
   15         not disclose the unfunded costs of a project funded by
   16         a federal grant; providing an exception for federal
   17         grants associated with natural disasters, grants
   18         involving the Federal Emergency Management Agency,
   19         grants received from the Department of Homeland
   20         Security, or Medicaid funds; providing an effective
   21         date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Disclosure of unfunded, long-term costs of
   26  federal grant programs.—
   27         (1) Before accepting federal grant funds, a county,
   28  municipality, or special district shall identify and disclose
   29  the projected, unfunded, long-term costs of each project that is
   30  funded by a federal grant. Such unfunded costs include, but are
   31  not limited to, the projected payroll and maintenance costs to
   32  operate or administer the project after the depletion of the
   33  federal grant. The projected, unfunded, long-term costs shall be
   34  prominently disclosed by posting a disclosure statement on the
   35  website of the county, municipality, or special district at
   36  least 10 days before the county, municipality, or special
   37  district votes to accept the federal grant or otherwise takes
   38  any other action to authorize acceptance of the federal grant.
   39  The disclosure statement must describe the project and must
   40  include a plan for funding the project after the depletion of
   41  the federal grant.
   42         (2) A person may file a civil action to enforce subsection
   43  (1). If a civil action is filed against a county, municipality,
   44  or special district to enforce subsection (1) and the court
   45  finds that the county, municipality, or special district failed
   46  to comply with that subsection, the court shall assess and award
   47  against the appropriate county, municipality, or special
   48  district the reasonable costs of enforcing subsection (1),
   49  including reasonable attorney fees.
   50         (3) This act does not apply to federal grants associated
   51  with natural disasters, grants involving the Federal Emergency
   52  Management Agency, grants received from the Department of
   53  Homeland Security, or Medicaid funds.
   54         Section 2. This act shall take effect July 1, 2012.