Florida Senate - 2016                              CS for SB 686
       
       
        
       By the Committee on Ethics and Elections; and Senator Gaetz
       
       582-02059-16                                           2016686c1
    1                        A bill to be entitled                      
    2         An act relating to government accountability;
    3         providing a short title; amending s. 11.045, F.S.;
    4         defining terms; requiring each house of the
    5         Legislature to provide by rule reporting requirements
    6         regarding lobbying firm’s lobbying activities;
    7         specifying requirements regarding the content of
    8         reports and filing deadlines; requiring each house of
    9         the Legislature to establish procedures applicable to
   10         untimely filing of reports by rule; providing fines
   11         for late filing of reports; amending s. 11.40, F.S.;
   12         specifying that the Governor, the Commissioner of
   13         Education, or the designee of the Governor or of the
   14         Commissioner of Education may notify the Legislative
   15         Auditing Committee of an entity’s failure to comply
   16         with certain auditing and financial reporting
   17         requirements; amending s. 11.45, F.S.; defining the
   18         terms “abuse,” “fraud,” and “waste”; revising the
   19         definition of the term “local governmental entity”;
   20         excluding water management districts from certain
   21         audit requirements; removing a cross-reference;
   22         authorizing the Auditor General to conduct audits of
   23         tourist development councils and county tourism
   24         promotion agencies; revising reporting requirements
   25         applicable to the Auditor General; creating s. 20.602,
   26         F.S.; specifying the applicability of certain
   27         provisions of the Code of Ethics for Public Officers
   28         and Employees to officers and board members of
   29         corporate entities associated with the Department of
   30         Economic Opportunity; prohibiting such officers and
   31         board members from representing a person or an entity
   32         for compensation before certain bodies for a specified
   33         timeframe; providing for construction; amending s.
   34         28.35, F.S.; revising reporting requirements
   35         applicable to the Florida Clerks of Court Operations
   36         Corporation; amending s. 43.16, F.S.; revising the
   37         responsibilities of the Justice Administrative
   38         Commission, each state attorney, each public defender,
   39         a criminal conflict and civil regional counsel, a
   40         capital collateral regional counsel, and the Guardian
   41         Ad Litem Program, to include the establishment and
   42         maintenance of certain internal controls; creating s.
   43         112.3126, F.S.; defining the term “private entity”;
   44         prohibiting a member of the Legislature from accepting
   45         employment with a private entity that directly
   46         receives state funds; providing an exception; amending
   47         s. 112.313, F.S.; specifying that prohibitions on
   48         conflicting employment or contractual relationships
   49         for public officers or employees of an agency apply to
   50         contractual relationships held by certain business
   51         entities; amending s. 112.3144, F.S.; requiring
   52         elected municipal officers to file a full and public
   53         disclosure of financial interests, rather than a
   54         statement of financial interests; providing for
   55         applicability; amending s. 112.31455, F.S.; revising
   56         provisions governing collection methods for unpaid
   57         automatic fines for failure to timely file disclosure
   58         of financial interests to include school districts;
   59         amending s. 112.3215, F.S.; requiring a lobbying firm
   60         to file a report with the Commission on Ethics
   61         disclosing whether the firm lobbied the Governor to
   62         approve or veto a bill or an appropriation; requiring
   63         the commission to establish procedures applicable to
   64         untimely filing of reports by rule; providing fines
   65         for late filing of reports; conforming provisions to
   66         changes made by the act; amending s. 112.324, F.S.;
   67         authorizing the commission to investigate certain
   68         violations of the public trust upon receipt of
   69         reliable and publicly disseminated information if
   70         certain conditions are met; conforming provisions to
   71         changes made by the act; amending s. 112.3261, F.S.;
   72         revising terms to conform to changes made by the act;
   73         expanding the types of governmental entities that are
   74         subject to lobbyist registration requirements;
   75         requiring a governmental entity to create a lobbyist
   76         registration form; amending ss. 129.03, 129.06,
   77         166.241, and 189.016, F.S.; requiring counties,
   78         municipalities, and special districts to maintain
   79         certain budget documents on the entities’ websites for
   80         a specified period; amending s. 215.425, F.S.;
   81         defining the term “public funds”; revising exceptions
   82         to the prohibition on extra compensation claims;
   83         requiring certain contracts to which a unit of
   84         government or state university is a party during a
   85         specified period to contain certain prohibitions on
   86         severance pay; requiring a unit of government to
   87         investigate and take necessary action to recover
   88         prohibited compensation; specifying methods of
   89         recovery for unintentional and willful violations;
   90         providing a penalty; specifying applicability of
   91         procedures regarding suspension and removal of an
   92         officer who commits a willful violation; establishing
   93         eligibility criteria and amounts for rewards;
   94         specifying circumstances under which an employee has a
   95         cause of action under the Whistle-blower’s Act;
   96         establishing causes of action if a unit of government
   97         fails to recover prohibited compensation within a
   98         certain timeframe; providing for applicability;
   99         amending s. 215.86, F.S.; revising the purposes for
  100         which management systems and internal controls must be
  101         established and maintained by each state agency and
  102         the judicial branch; amending s. 215.97, F.S.;
  103         revising the definition of the term “audit threshold”;
  104         amending s. 215.985, F.S.; revising the requirements
  105         for a monthly financial statement provided by a water
  106         management district; amending s. 218.32, F.S.;
  107         revising the requirements of the annual financial
  108         audit report of a local governmental entity;
  109         authorizing the Department of Financial Services to
  110         request additional information from a local
  111         governmental entity; requiring a local governmental
  112         entity to respond to such requests within a specified
  113         timeframe; requiring the department to notify the
  114         Legislative Auditing Committee of noncompliance;
  115         amending s. 218.33, F.S.; requiring local governmental
  116         entities to establish and maintain internal controls
  117         to achieve specified purposes; amending s. 218.39,
  118         F.S.; requiring an audited entity to respond to audit
  119         recommendations under specified circumstances;
  120         amending s. 218.391, F.S.; revising the composition of
  121         an audit committee; prohibiting an audit committee
  122         member from being an employee, a chief executive
  123         officer, or a chief financial officer of the
  124         respective governmental entity; requiring the chair of
  125         an audit committee to sign and execute an affidavit
  126         affirming compliance with auditor selection
  127         procedures; prescribing procedures in the event of
  128         noncompliance with auditor selection procedures;
  129         amending s. 286.0114, F.S.; prohibiting a board or
  130         commission from requiring an advance copy of testimony
  131         or comments from a member of the public as a
  132         precondition to be given the opportunity to be heard
  133         at a public meeting; amending s. 288.92, F.S.;
  134         prohibiting specified officers and board members of
  135         Enterprise Florida, Inc., from representing a person
  136         or entity for compensation before Enterprise Florida,
  137         Inc., and associated entities thereof, for a specified
  138         timeframe; amending s. 288.9604, F.S.; prohibiting a
  139         director of the Florida Development Finance
  140         Corporation from representing a person or an entity
  141         for compensation before the corporation for a
  142         specified timeframe; amending s. 373.536, F.S.;
  143         deleting obsolete language; requiring water management
  144         districts to maintain certain budget documents on the
  145         districts’ websites for a specified period; amending
  146         s. 838.014, F.S.; deleting, revising, and providing
  147         definitions; amending s. 838.015, F.S.; revising the
  148         definition of “bribery”; providing a penalty;
  149         conforming a provision to changes made by the act;
  150         amending s. 838.016, F.S.; prohibiting a person from
  151         knowingly and intentionally giving, offering, or
  152         promising unlawful compensation or reward for official
  153         behavior to a public servant; prohibiting a public
  154         servant or public contractor from knowingly and
  155         intentionally procuring unlawful compensation or
  156         reward for official behavior; providing a penalty;
  157         conforming provisions to changes made by the act;
  158         amending s. 838.022, F.S.; prohibiting a public
  159         servant or public contractor from knowingly and
  160         intentionally engaging in specified activities
  161         constituting official misconduct; providing a penalty;
  162         amending s. 838.22, F.S.; prohibiting a public servant
  163         and certain public contractors from knowingly and
  164         intentionally influencing or attempting to influence
  165         the competitive solicitation process; prohibiting any
  166         person from committing specified acts to influence the
  167         competitive solicitation process; providing a penalty;
  168         revising terminology; amending s. 1001.42, F.S.;
  169         authorizing additional internal audits as directed by
  170         the district school board; amending s. 1002.33, F.S.;
  171         revising the responsibilities of the governing board
  172         of a charter school to include the establishment and
  173         maintenance of internal controls; amending s. 1002.37,
  174         F.S.; requiring completion of an annual financial
  175         audit of the Florida Virtual School; specifying audit
  176         requirements; requiring an audit report to be
  177         submitted to the board of trustees of the Florida
  178         Virtual School and the Auditor General; removing
  179         obsolete provisions; amending s. 1010.01, F.S.;
  180         requiring each school district, Florida College System
  181         institution, and state university to establish and
  182         maintain certain internal controls; amending s.
  183         1010.30, F.S.; requiring a district school board,
  184         Florida College System institution board of trustees,
  185         or university board of trustees to respond to audit
  186         recommendations under certain circumstances; amending
  187         ss. 11.0455, 68.082, 68.083, 99.061, 218.503,
  188         921.0022, and 1002.455, F.S.; conforming provisions
  189         and cross-references to changes made by the act;
  190         reenacting s. 817.568(11), F.S., relating to criminal
  191         use of personal identification information, to
  192         incorporate the amendment made to s. 838.014, F.S., in
  193         a reference thereto; declaring that the act fulfills
  194         an important state interest; providing an effective
  195         date.
  196          
  197  Be It Enacted by the Legislature of the State of Florida:
  198  
  199         Section 1. This act may be cited as the “Florida Anti
  200  Corruption Act of 2016.”
  201         Section 2. Present subsections (5) through (9) of section
  202  11.045, Florida Statutes, are renumbered as subsections (6)
  203  through (10), respectively, a new subsection (5) is added to
  204  that section, and present subsection (8) of that section is
  205  amended, to read:
  206         11.045 Lobbying before the Legislature; registration and
  207  reporting; exemptions; penalties.—
  208         (5)(a)For purposes of this subsection, the term:
  209         1. “Lobbying activities” means any action designed to
  210  support, oppose, or influence proposed legislation or proposed
  211  legislative action. The term includes, but is not limited to,
  212  any verbal, written, or electronic communication with any
  213  legislator or legislative employee undertaken for the purpose of
  214  directly or indirectly supporting, opposing, or influencing
  215  legislation or requesting proposed legislation to be filed.
  216         2. “Proposed legislation” includes, but is not limited to,
  217  policies, ideas, issues, concepts, or statutory language that is
  218  presently, or may at some future point be, reflected in or
  219  impacted by a bill, a memorial, a resolution, a compact, or an
  220  appropriation.
  221         3. “Proposed legislative action” means any action by a
  222  constituent entity of the Legislature, including, but not
  223  limited to, the houses of the Legislature, a joint office, and a
  224  joint committee.
  225         (b) Each house of the Legislature shall provide reporting
  226  requirements by rule requiring each lobbying firm to file a
  227  monthly report with the office. The report must include:
  228         1. The full name, business address, and telephone number of
  229  the lobbying firm.
  230         2. The name of each of the lobbying firm’s lobbyists.
  231         3. A list detailing the lobbying firm’s lobbying activities
  232  during the reporting period. The list must itemize:
  233         a. The proposed legislation or proposed legislative action
  234  that the lobbying firm has attempted to support, oppose, or
  235  influence;
  236         b. The entity lobbied;
  237         c. Each principal on behalf of whom the lobbying firm has
  238  acted; and
  239         d. If the proposed legislation included an appropriation or
  240  was an appropriation, the intended recipient of the
  241  appropriation.
  242         (c) For purposes of the reporting requirement provided in
  243  this subsection, the reports must identify proposed legislation
  244  by referencing any legislatively assigned identifying numbers,
  245  including, but not limited to, bill numbers, amendment barcode
  246  numbers, or specific appropriation numbers. If the proposed
  247  legislation does not have an identifying number assigned, the
  248  report must include a description of the subject matter of the
  249  proposed legislation, whether the lobbying firm is supporting or
  250  opposing the proposed legislation and, if seeking to modify the
  251  proposed legislation, how the lobbying firm’s modification would
  252  alter the proposal.
  253         (d) The reports shall be filed even if the reporting
  254  lobbying firm did not engage in any lobbying activities
  255  requiring disclosure, in which the report shall be marked “not
  256  applicable.”
  257         (e) The reports shall be filed with the office by
  258  electronic means no later than 7 business days after the end of
  259  the preceding month. The reports shall be rendered in the
  260  identical form provided by the respective houses and shall be
  261  open to public inspection.
  262         (f) Each house of the Legislature shall provide by rule, or
  263  both houses may provide by joint rule, a procedure by which a
  264  lobbying firm that fails to timely file a report is notified and
  265  assessed fines. The rule must provide the following:
  266         1. Upon determining that the report is late, the person
  267  designated to review the timeliness of reports shall immediately
  268  notify the lobbying firm as to the failure to timely file the
  269  report and that a fine is being assessed for each late day. The
  270  fine shall be $50 per day per report for each late day, not to
  271  exceed $5,000 per report.
  272         2. Upon receipt of the report, the person designated to
  273  review the timeliness of reports shall determine the amount of
  274  the fine due based upon when a report is actually received by
  275  the office.
  276         3. Such fine must be paid within 30 days after the notice
  277  of payment due is transmitted by the office, unless appeal is
  278  made to the office. The moneys shall be deposited into the
  279  Legislative Lobbyist Registration Trust Fund.
  280         4. A fine may not be assessed against a lobbying firm the
  281  first time any reports for which the lobbying firm is
  282  responsible are not timely filed. However, to receive the one
  283  time fine waiver, all reports for which the lobbying firm is
  284  responsible must be filed within 30 days after notice that any
  285  reports have not been timely filed is transmitted by the
  286  Lobbyist Registration Office. A fine shall be assessed for any
  287  subsequent late-filed reports.
  288         5. Any lobbying firm may appeal or dispute a fine, based
  289  upon unusual circumstances surrounding the failure to file on
  290  the designated due date, and may request and is entitled to a
  291  hearing before the General Counsel of the Office of Legislative
  292  Services, who shall recommend to the President of the Senate and
  293  the Speaker of the House of Representatives, or their respective
  294  designees, that the fine be waived in whole or in part for good
  295  cause shown. The President of the Senate and the Speaker of the
  296  House of Representatives, or their respective designees, may
  297  concur in the recommendation and waive the fine in whole or in
  298  part. Any such request must be made within 30 days after the
  299  notice of payment due is transmitted by the office. In such
  300  case, the lobbying firm shall, within the 30-day period, notify
  301  the person designated to review the timeliness of reports in
  302  writing of his or her intention to request a hearing.
  303         6. A lobbying firm may request that the filing of a report
  304  be waived upon good cause shown, based on unusual circumstances.
  305  The request must be filed with the General Counsel of the Office
  306  of Legislative Services, who shall make a recommendation
  307  concerning the waiver request to the President of the Senate and
  308  the Speaker of the House of Representatives. The President of
  309  the Senate and the Speaker of the House of Representatives may
  310  grant or deny the request.
  311         7. All lobbyist registrations for lobbyists who are
  312  partners, owners, officers, or employees of a lobbying firm that
  313  fails to timely pay a fine are automatically suspended until the
  314  fine is paid or waived, and the office shall promptly notify all
  315  affected principals of any suspension or reinstatement.
  316         8. The person designated to review the timeliness of
  317  reports shall notify the coordinator of the office of the
  318  failure of a lobbying firm to file a report after notice or of
  319  the failure of a lobbying firm to pay the fine imposed.
  320         (9)(8) Any person required to be registered or to provide
  321  information pursuant to this section or pursuant to rules
  322  established in conformity with this section who knowingly fails
  323  to disclose any material fact required by this section or by
  324  rules established in conformity with this section, or who
  325  knowingly provides false information on any report required by
  326  this section or by rules established in conformity with this
  327  section, commits a noncriminal infraction, punishable by a fine
  328  not to exceed $5,000. Such penalty shall be in addition to any
  329  other penalty assessed by a house of the Legislature pursuant to
  330  subsection (8) (7).
  331         Section 3. Subsection (2) of section 11.40, Florida
  332  Statutes, is amended to read:
  333         11.40 Legislative Auditing Committee.—
  334         (2) Following notification by the Auditor General, the
  335  Department of Financial Services, or the Division of Bond
  336  Finance of the State Board of Administration, the Governor or
  337  his or her designee, or the Commissioner of Education or his or
  338  her designee of the failure of a local governmental entity,
  339  district school board, charter school, or charter technical
  340  career center to comply with the applicable provisions within s.
  341  11.45(5)-(7), s. 218.32(1), s. 218.38, or s. 218.503(3), the
  342  Legislative Auditing Committee may schedule a hearing to
  343  determine if the entity should be subject to further state
  344  action. If the committee determines that the entity should be
  345  subject to further state action, the committee shall:
  346         (a) In the case of a local governmental entity or district
  347  school board, direct the Department of Revenue and the
  348  Department of Financial Services to withhold any funds not
  349  pledged for bond debt service satisfaction which are payable to
  350  such entity until the entity complies with the law. The
  351  committee shall specify the date that such action must shall
  352  begin, and the directive must be received by the Department of
  353  Revenue and the Department of Financial Services 30 days before
  354  the date of the distribution mandated by law. The Department of
  355  Revenue and the Department of Financial Services may implement
  356  the provisions of this paragraph.
  357         (b) In the case of a special district created by:
  358         1. A special act, notify the President of the Senate, the
  359  Speaker of the House of Representatives, the standing committees
  360  of the Senate and the House of Representatives charged with
  361  special district oversight as determined by the presiding
  362  officers of each respective chamber, the legislators who
  363  represent a portion of the geographical jurisdiction of the
  364  special district pursuant to s. 189.034(2), and the Department
  365  of Economic Opportunity that the special district has failed to
  366  comply with the law. Upon receipt of notification, the
  367  Department of Economic Opportunity shall proceed pursuant to s.
  368  189.062 or s. 189.067. If the special district remains in
  369  noncompliance after the process set forth in s. 189.034(3), or
  370  if a public hearing is not held, the Legislative Auditing
  371  Committee may request the department to proceed pursuant to s.
  372  189.067(3).
  373         2. A local ordinance, notify the chair or equivalent of the
  374  local general-purpose government pursuant to s. 189.035(2) and
  375  the Department of Economic Opportunity that the special district
  376  has failed to comply with the law. Upon receipt of notification,
  377  the department shall proceed pursuant to s. 189.062 or s.
  378  189.067. If the special district remains in noncompliance after
  379  the process set forth in s. 189.034(3), or if a public hearing
  380  is not held, the Legislative Auditing Committee may request the
  381  department to proceed pursuant to s. 189.067(3).
  382         3. Any manner other than a special act or local ordinance,
  383  notify the Department of Economic Opportunity that the special
  384  district has failed to comply with the law. Upon receipt of
  385  notification, the department shall proceed pursuant to s.
  386  189.062 or s. 189.067(3).
  387         (c) In the case of a charter school or charter technical
  388  career center, notify the appropriate sponsoring entity, which
  389  may terminate the charter pursuant to ss. 1002.33 and 1002.34.
  390         Section 4. Subsection (1), paragraph (j) of subsection (2),
  391  paragraph (u) of subsection (3), and paragraph (i) of subsection
  392  (7) of section 11.45, Florida Statutes, are amended, and
  393  paragraph (x) is added to subsection (3) of that section, to
  394  read:
  395         11.45 Definitions; duties; authorities; reports; rules.—
  396         (1) DEFINITIONS.—As used in ss. 11.40-11.51, the term:
  397         (a) “Abuse” means behavior that is deficient or improper
  398  when compared with behavior that a prudent person would consider
  399  a reasonable and necessary operational practice given the facts
  400  and circumstances. The term includes the misuse of authority or
  401  position for personal gain.
  402         (b)(a) “Audit” means a financial audit, operational audit,
  403  or performance audit.
  404         (c)(b) “County agency” means a board of county
  405  commissioners or other legislative and governing body of a
  406  county, however styled, including that of a consolidated or
  407  metropolitan government, a clerk of the circuit court, a
  408  separate or ex officio clerk of the county court, a sheriff, a
  409  property appraiser, a tax collector, a supervisor of elections,
  410  or any other officer in whom any portion of the fiscal duties of
  411  a body or officer expressly stated in this paragraph are the
  412  above are under law separately placed by law.
  413         (d)(c) “Financial audit” means an examination of financial
  414  statements in order to express an opinion on the fairness with
  415  which they are presented in conformity with generally accepted
  416  accounting principles and an examination to determine whether
  417  operations are properly conducted in accordance with legal and
  418  regulatory requirements. Financial audits must be conducted in
  419  accordance with auditing standards generally accepted in the
  420  United States and government auditing standards as adopted by
  421  the Board of Accountancy. When applicable, the scope of
  422  financial audits must shall encompass the additional activities
  423  necessary to establish compliance with the Single Audit Act
  424  Amendments of 1996, 31 U.S.C. ss. 7501-7507, and other
  425  applicable federal law.
  426         (e) “Fraud” means obtaining something of value through
  427  willful misrepresentation, including, but not limited to, the
  428  intentional misstatements or omissions of amounts or disclosures
  429  in financial statements to deceive users of financial
  430  statements, theft of an entity’s assets, bribery, or the use of
  431  one’s position for personal enrichment through the deliberate
  432  misuse or misapplication of an organization’s resources.
  433         (f)(d) “Governmental entity” means a state agency, a county
  434  agency, or any other entity, however styled, that independently
  435  exercises any type of state or local governmental function.
  436         (g)(e) “Local governmental entity” means a county agency,
  437  municipality, tourist development council, county tourism
  438  promotion agency, or special district as defined in s. 189.012.
  439  The term, but does not include any housing authority established
  440  under chapter 421.
  441         (h)(f) “Management letter” means a statement of the
  442  auditor’s comments and recommendations.
  443         (i)(g) “Operational audit” means an audit whose purpose is
  444  to evaluate management’s performance in establishing and
  445  maintaining internal controls, including controls designed to
  446  prevent and detect fraud, waste, and abuse, and in administering
  447  assigned responsibilities in accordance with applicable laws,
  448  administrative rules, contracts, grant agreements, and other
  449  guidelines. Operational audits must be conducted in accordance
  450  with government auditing standards. Such audits examine internal
  451  controls that are designed and placed in operation to promote
  452  and encourage the achievement of management’s control objectives
  453  in the categories of compliance, economic and efficient
  454  operations, reliability of financial records and reports, and
  455  safeguarding of assets, and identify weaknesses in those
  456  internal controls.
  457         (j)(h) “Performance audit” means an examination of a
  458  program, activity, or function of a governmental entity,
  459  conducted in accordance with applicable government auditing
  460  standards or auditing and evaluation standards of other
  461  appropriate authoritative bodies. The term includes an
  462  examination of issues related to:
  463         1. Economy, efficiency, or effectiveness of the program.
  464         2. Structure or design of the program to accomplish its
  465  goals and objectives.
  466         3. Adequacy of the program to meet the needs identified by
  467  the Legislature or governing body.
  468         4. Alternative methods of providing program services or
  469  products.
  470         5. Goals, objectives, and performance measures used by the
  471  agency to monitor and report program accomplishments.
  472         6. The accuracy or adequacy of public documents, reports,
  473  or requests prepared under the program by state agencies.
  474         7. Compliance of the program with appropriate policies,
  475  rules, or laws.
  476         8. Any other issues related to governmental entities as
  477  directed by the Legislative Auditing Committee.
  478         (k)(i) “Political subdivision” means a separate agency or
  479  unit of local government created or established by law and
  480  includes, but is not limited to, the following and the officers
  481  thereof: authority, board, branch, bureau, city, commission,
  482  consolidated government, county, department, district,
  483  institution, metropolitan government, municipality, office,
  484  officer, public corporation, town, or village.
  485         (l)(j) “State agency” means a separate agency or unit of
  486  state government created or established by law and includes, but
  487  is not limited to, the following and the officers thereof:
  488  authority, board, branch, bureau, commission, department,
  489  division, institution, office, officer, or public corporation,
  490  as the case may be, except any such agency or unit within the
  491  legislative branch of state government other than the Florida
  492  Public Service Commission.
  493         (m) “Waste” means the act of using or expending resources
  494  unreasonably, carelessly, extravagantly, or for no useful
  495  purpose.
  496         (2) DUTIES.—The Auditor General shall:
  497         (j) Conduct audits of local governmental entities when
  498  determined to be necessary by the Auditor General, when directed
  499  by the Legislative Auditing Committee, or when otherwise
  500  required by law. No later than 18 months after the release of
  501  the audit report, the Auditor General shall perform such
  502  appropriate followup procedures as he or she deems necessary to
  503  determine the audited entity’s progress in addressing the
  504  findings and recommendations contained within the Auditor
  505  General’s previous report. The Auditor General shall notify each
  506  member of the audited entity’s governing body and the
  507  Legislative Auditing Committee of the results of his or her
  508  determination. For purposes of this paragraph, local
  509  governmental entities do not include water management districts.
  510  
  511  The Auditor General shall perform his or her duties
  512  independently but under the general policies established by the
  513  Legislative Auditing Committee. This subsection does not limit
  514  the Auditor General’s discretionary authority to conduct other
  515  audits or engagements of governmental entities as authorized in
  516  subsection (3).
  517         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
  518  General may, pursuant to his or her own authority, or at the
  519  direction of the Legislative Auditing Committee, conduct audits
  520  or other engagements as determined appropriate by the Auditor
  521  General of:
  522         (u) The Florida Virtual School pursuant to s. 1002.37.
  523         (x) Tourist development councils and county tourism
  524  promotion agencies.
  525         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
  526         (i) The Auditor General shall annually transmit by July 15,
  527  to the President of the Senate, the Speaker of the House of
  528  Representatives, and the Department of Financial Services, a
  529  list of all school districts, charter schools, charter technical
  530  career centers, Florida College System institutions, state
  531  universities, and local governmental entities water management
  532  districts that have failed to comply with the transparency
  533  requirements as identified in the audit reports reviewed
  534  pursuant to paragraph (b) and those conducted pursuant to
  535  subsection (2).
  536         Section 5. Section 20.602, Florida Statutes, is created to
  537  read:
  538         20.602 Standards of conduct; officers and board members of
  539  Department of Economic Opportunity corporate entities.—
  540         (1) The following officers and board members are subject to
  541  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  542  112.3143(2):
  543         (a) Officers and members of the board of directors of:
  544         1. Any corporation created under chapter 288;
  545         2. Space Florida;
  546         3. CareerSource Florida, Inc., or the programs or entities
  547  created by CareerSource Florida, Inc., pursuant to s. 445.004;
  548         4. The Florida Housing Finance Corporation; or
  549         5. Any other corporation created by the Department of
  550  Economic Opportunity in accordance with its powers and duties
  551  under s. 20.60.
  552         (b) Officers and members of the board of directors of a
  553  corporate parent or subsidiary corporation of a corporation
  554  described in paragraph (a).
  555         (c) Officers and members of the board of directors of a
  556  corporation created to carry out the missions of a corporation
  557  described in paragraph (a).
  558         (d) Officers and members of the board of directors of a
  559  corporation with which a corporation described in paragraph (a)
  560  is required by law to contract with to carry out its missions.
  561         (2) For purposes of applying ss. 112.313(1)-(8), (10),
  562  (12), and (15); 112.3135; and 112.3143(2) to activities of the
  563  officers and members of the board of directors specified in
  564  subsection (1), those persons shall be considered public
  565  officers or employees and the corporation shall be considered
  566  their agency.
  567         (3) For a period of 2 years after retirement from or
  568  termination of service, or for a period of 10 years if removed
  569  or terminated for cause or for misconduct, as defined in s.
  570  443.036(29), an officer or a member of the board of directors
  571  specified in subsection (1) may not represent another person or
  572  entity for compensation before:
  573         (a) His or her corporation;
  574         (b) A division, a subsidiary, or the board of directors of
  575  a corporation created to carry out the mission of his or her
  576  corporation; or
  577         (c) A corporation with which the corporation is required by
  578  law to contract to carry out its missions.
  579         (4) This section does not supersede any additional or more
  580  stringent standards of conduct applicable to an officer or a
  581  member of the board of directors of an entity specified in
  582  subsection (1) prescribed by any other provision of law.
  583         Section 6. Paragraph (d) of subsection (2) of section
  584  28.35, Florida Statutes, is amended to read:
  585         28.35 Florida Clerks of Court Operations Corporation.—
  586         (2) The duties of the corporation shall include the
  587  following:
  588         (d) Developing and certifying a uniform system of workload
  589  measures and applicable workload standards for court-related
  590  functions as developed by the corporation and clerk workload
  591  performance in meeting the workload performance standards. These
  592  workload measures and workload performance standards shall be
  593  designed to facilitate an objective determination of the
  594  performance of each clerk in accordance with minimum standards
  595  for fiscal management, operational efficiency, and effective
  596  collection of fines, fees, service charges, and court costs. The
  597  corporation shall develop the workload measures and workload
  598  performance standards in consultation with the Legislature. When
  599  the corporation finds a clerk has not met the workload
  600  performance standards, the corporation shall identify the nature
  601  of each deficiency and any corrective action recommended and
  602  taken by the affected clerk of the court. For quarterly periods
  603  ending on the last day of March, June, September, and December
  604  of each year, the corporation shall notify the Legislature of
  605  any clerk not meeting workload performance standards and provide
  606  a copy of any corrective action plans. Such notifications shall
  607  be submitted no later than 45 days after the end of the
  608  preceding quarterly period. As used in this subsection, the
  609  term:
  610         1. “Workload measures” means the measurement of the
  611  activities and frequency of the work required for the clerk to
  612  adequately perform the court-related duties of the office as
  613  defined by the membership of the Florida Clerks of Court
  614  Operations Corporation.
  615         2. “Workload performance standards” means the standards
  616  developed to measure the timeliness and effectiveness of the
  617  activities that are accomplished by the clerk in the performance
  618  of the court-related duties of the office as defined by the
  619  membership of the Florida Clerks of Court Operations
  620  Corporation.
  621         Section 7. Present subsections (6) and (7) of section
  622  43.16, Florida Statutes, are redesignated as subsections (7) and
  623  (8), respectively, and a new subsection (6) is added to that
  624  section, to read:
  625         43.16 Justice Administrative Commission; membership, powers
  626  and duties.—
  627         (6) The commission, each state attorney, each public
  628  defender, the criminal conflict and civil regional counsel, the
  629  capital collateral regional counsel, and the Guardian Ad Litem
  630  Program shall establish and maintain internal controls designed
  631  to:
  632         (a) Prevent and detect fraud, waste, and abuse.
  633         (b) Promote and encourage compliance with applicable laws,
  634  rules, contracts, grant agreements, and best practices.
  635         (c) Support economical and efficient operations.
  636         (d) Ensure reliability of financial records and reports.
  637         (e) Safeguard assets.
  638         Section 8. Section 112.3126, Florida Statutes, is created
  639  to read:
  640         112.3126 Employment restrictions; legislators.—
  641         (1) As used in this section, the term “private entity”
  642  means any nongovernmental entity, such as a corporation,
  643  partnership, company or nonprofit organization, any other legal
  644  entity, or any natural person.
  645         (2) A member of the Legislature may not accept employment
  646  with a private entity that directly receives funding through
  647  state revenues appropriated by the General Appropriations Act. A
  648  member of the Legislature who is employed by such private entity
  649  before his or her legislative service begins may continue his or
  650  her employment. However, he or she may not accept promotion,
  651  advancement, additional compensation, or anything of value that
  652  he or she knows, or with the exercise of reasonable care should
  653  know, is provided or given as a result of his or her election or
  654  position, or that is otherwise inconsistent with the promotion,
  655  advancement, additional compensation, or anything of value
  656  provided or given an employee who is similarly situated.
  657         Section 9. Subsection (7) of section 112.313, Florida
  658  Statutes, is amended to read:
  659         112.313 Standards of conduct for public officers, employees
  660  of agencies, and local government attorneys.—
  661         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
  662         (a) A No public officer or employee of an agency may not
  663  shall have or hold any employment or contractual relationship
  664  with any business entity or any agency that which is subject to
  665  the regulation of, or is doing business with, an agency of which
  666  he or she is an officer or employee, excluding those
  667  organizations and their officers who, when acting in their
  668  official capacity, enter into or negotiate a collective
  669  bargaining contract with the state or any municipality, county,
  670  or other political subdivision of the state; and nor shall an
  671  officer or employee of an agency may not have or hold any
  672  employment or contractual relationship that will create a
  673  continuing or frequently recurring conflict between his or her
  674  private interests and the performance of his or her public
  675  duties or that would impede the full and faithful discharge of
  676  his or her public duties. For purposes of this subsection, if a
  677  public officer or employee of an agency holds a controlling
  678  interest in a business entity or is an officer, a director, or a
  679  member who manages such an entity, contractual relationships
  680  held by the business entity are deemed to be held by the public
  681  officer or employee.
  682         1. When the agency referred to is a that certain kind of
  683  special tax district created by general or special law and is
  684  limited specifically to constructing, maintaining, managing, and
  685  financing improvements in the land area over which the agency
  686  has jurisdiction, or when the agency has been organized pursuant
  687  to chapter 298, then employment with, or entering into a
  688  contractual relationship with, such a business entity by a
  689  public officer or employee of such an agency is shall not be
  690  prohibited by this subsection or be deemed a conflict per se.
  691  However, conduct by such officer or employee that is prohibited
  692  by, or otherwise frustrates the intent of, this section must
  693  shall be deemed a conflict of interest in violation of the
  694  standards of conduct set forth by this section.
  695         2. When the agency referred to is a legislative body and
  696  the regulatory power over the business entity resides in another
  697  agency, or when the regulatory power that which the legislative
  698  body exercises over the business entity or agency is strictly
  699  through the enactment of laws or ordinances, then employment or
  700  a contractual relationship with such a business entity by a
  701  public officer or employee of a legislative body is shall not be
  702  prohibited by this subsection or be deemed a conflict.
  703         (b) This subsection does shall not prohibit a public
  704  officer or employee from practicing in a particular profession
  705  or occupation when such practice by persons holding such public
  706  office or employment is required or permitted by law or
  707  ordinance.
  708         Section 10. Subsections (1) and (2) of section 112.3144,
  709  Florida Statutes, are amended to read:
  710         112.3144 Full and public disclosure of financial
  711  interests.—
  712         (1) In addition to officers specified in s. 8, Art. II of
  713  the State Constitution or other state law, all elected municipal
  714  officers are required to file a full and public disclosure of
  715  their financial interests. An officer who is required by s. 8,
  716  Art. II of the State Constitution to file a full and public
  717  disclosure of his or her financial interests for any calendar or
  718  fiscal year shall file that disclosure with the Florida
  719  Commission on Ethics. Additionally, beginning January 1, 2015,
  720  An officer who is required to complete annual ethics training
  721  pursuant to s. 112.3142 must certify on his or her full and
  722  public disclosure of financial interests that he or she has
  723  completed the required training.
  724         (2) A person who is required, pursuant to s. 8, Art. II of
  725  the State Constitution, to file a full and public disclosure of
  726  financial interests and who has filed a full and public
  727  disclosure of financial interests for any calendar or fiscal
  728  year is shall not be required to file a statement of financial
  729  interests pursuant to s. 112.3145(2) and (3) for the same year
  730  or for any part thereof notwithstanding any requirement of this
  731  part. If an incumbent in an elective office has filed the full
  732  and public disclosure of financial interests to qualify for
  733  election to the same office or if a candidate for office holds
  734  another office subject to the annual filing requirement, the
  735  qualifying officer shall forward an electronic copy of the full
  736  and public disclosure of financial interests to the commission
  737  no later than July 1. The electronic copy of the full and public
  738  disclosure of financial interests satisfies the annual
  739  disclosure requirement of this section. A candidate who does not
  740  qualify until after the annual full and public disclosure of
  741  financial interests has been filed pursuant to this section
  742  shall file a copy of his or her disclosure with the officer
  743  before whom he or she qualifies.
  744         Section 11. The amendment made to s. 112.3144, Florida
  745  Statutes, by this act applies to disclosures filed for the 2016
  746  calendar year and all subsequent calendar years.
  747         Section 12. Subsection (1) of section 112.31455, Florida
  748  Statutes, is amended to read:
  749         112.31455 Collection methods for unpaid automatic fines for
  750  failure to timely file disclosure of financial interests.—
  751         (1) Before referring any unpaid fine accrued pursuant to s.
  752  112.3144(5) or s. 112.3145(7) to the Department of Financial
  753  Services, the commission shall attempt to determine whether the
  754  individual owing such a fine is a current public officer or
  755  current public employee. If so, the commission may notify the
  756  Chief Financial Officer or the governing body of the appropriate
  757  county, municipality, school district, or special district of
  758  the total amount of any fine owed to the commission by such
  759  individual.
  760         (a) After receipt and verification of the notice from the
  761  commission, the Chief Financial Officer or the governing body of
  762  the county, municipality, school district, or special district
  763  shall begin withholding the lesser of 10 percent or the maximum
  764  amount allowed under federal law from any salary-related
  765  payment. The withheld payments shall be remitted to the
  766  commission until the fine is satisfied.
  767         (b) The Chief Financial Officer or the governing body of
  768  the county, municipality, school district, or special district
  769  may retain an amount of each withheld payment, as provided in s.
  770  77.0305, to cover the administrative costs incurred under this
  771  section.
  772         Section 13. Present subsections (7) through (15) of section
  773  112.3215, Florida Statutes, are renumbered as subsections (8)
  774  through (16), respectively, a new subsection (7) is added to
  775  that section, and paragraph (a) of present subsection (8) and
  776  present subsection (11) of that section are amended, to read:
  777         112.3215 Lobbying before the executive branch or the
  778  Constitution Revision Commission; registration and reporting;
  779  investigation by commission.—
  780         (7) If a lobbying firm lobbies the Governor to approve or
  781  veto any bill passed by the Legislature or a specific
  782  appropriation in the General Appropriations Act, the lobbying
  783  firm must file a monthly report disclosing such activity with
  784  the commission.
  785         (a) The monthly report must contain the same information
  786  required under s. 11.045(5). The reports must be filed with the
  787  commission no later than 7 business days after the end of the
  788  preceding month. A lobbying firm may satisfy the filing
  789  requirements of this subsection by using the form used under s.
  790  11.045(5).
  791         (b) The reports shall be filed even if the reporting
  792  lobbying firm did not engage in any lobbying activities
  793  requiring disclosure, in which the report shall be marked “not
  794  applicable.”
  795         (c) The commission shall provide by rule the grounds for
  796  waiving a fine, the procedures by which a lobbying firm that
  797  fails to timely file a report shall be notified and assessed
  798  fines, and the procedure for appealing the fines. The rule shall
  799  provide for the following:
  800         1. Upon determining that the report is late, the person
  801  designated to review the timeliness of reports shall immediately
  802  notify the lobbying firm as to the failure to timely file the
  803  report and that a fine is being assessed for each late day. The
  804  fine shall be $50 per day per report for each late day up to a
  805  maximum of $5,000 per late report.
  806         2. Upon receipt of the report, the person designated to
  807  review the timeliness of reports shall determine the amount of
  808  the fine due based upon when a report is actually received by
  809  the commission.
  810         3. Such fine shall be paid within 30 days after the notice
  811  of payment due is transmitted by the commission, unless appeal
  812  is made to the commission. The moneys shall be deposited into
  813  the Executive Branch Lobby Registration Trust Fund.
  814         4. A fine may not be assessed against a lobbying firm the
  815  first time any reports for which the lobbying firm is
  816  responsible are not timely filed. However, to receive the one
  817  time fine waiver, all reports for which the lobbying firm is
  818  responsible must be filed within 30 days after the notice that
  819  any reports have not been timely filed is transmitted by the
  820  commission. A fine shall be assessed for any subsequent late
  821  filed reports.
  822         5. Any lobbying firm may appeal or dispute a fine, based
  823  upon unusual circumstances surrounding the failure to file on
  824  the designated due date, and may request and shall be entitled
  825  to a hearing before the commission, which shall have the
  826  authority to waive the fine in whole or in part for good cause
  827  shown. Any such request shall be made within 30 days after the
  828  notice of payment due is transmitted by the commission. In such
  829  case, the lobbying firm shall, within the 30-day period, notify
  830  the person designated to review the timeliness of reports in
  831  writing of his or her intention to bring the matter before the
  832  commission.
  833         6. The person designated to review the timeliness of
  834  reports shall notify the commission of the failure of a lobbying
  835  firm to file a report after notice or of the failure of a
  836  lobbying firm to pay the fine imposed. All lobbyist
  837  registrations for lobbyists who are partners, owners, officers,
  838  or employees of a lobbying firm that fails to timely pay a fine
  839  are automatically suspended until the fine is paid or waived,
  840  and the commission shall promptly notify all affected principals
  841  of each suspension and each reinstatement.
  842         7. Notwithstanding any provision of chapter 120, any fine
  843  imposed under this subsection that is not waived by final order
  844  of the commission and that remains unpaid more than 60 days
  845  after the notice of payment due or more than 60 days after the
  846  commission renders a final order on the lobbying firm’s appeal
  847  shall be collected by the Department of Financial Services as a
  848  claim, debt, or other obligation owed to the state, and the
  849  department may assign the collection of such fine to a
  850  collection agent as provided in s. 17.20.
  851         (9)(a)(8)(a) The commission shall investigate every sworn
  852  complaint that is filed with it alleging that a person covered
  853  by this section has failed to register, has failed to submit a
  854  compensation report, has made a prohibited expenditure, has
  855  failed to file a report required by subsection (7), or has
  856  knowingly submitted false information in any report or
  857  registration required in this section.
  858         (12)(11) Any person who is required to be registered or to
  859  provide information under this section or under rules adopted
  860  pursuant to this section and who knowingly fails to disclose any
  861  material fact that is required by this section or by rules
  862  adopted pursuant to this section, or who knowingly provides
  863  false information on any report required by this section or by
  864  rules adopted pursuant to this section, commits a noncriminal
  865  infraction, punishable by a fine not to exceed $5,000. Such
  866  penalty is in addition to any other penalty assessed by the
  867  Governor and Cabinet pursuant to subsection (11) (10).
  868         Section 14. Section 112.324, Florida Statutes, is amended
  869  to read:
  870         112.324 Investigative procedures on complaints of
  871  violations and referrals; public records and meeting
  872  exemptions.—
  873         (1) The commission shall investigate an alleged violation
  874  of this part or other alleged breach of the public trust within
  875  the jurisdiction of the commission as provided in s. 8(f), Art.
  876  II of the State Constitution:
  877         (a) Upon a written complaint executed on a form prescribed
  878  by the commission and signed under oath or affirmation by any
  879  person; or
  880         (b) Upon receipt of a written referral of a possible
  881  violation of this part or other possible breach of the public
  882  trust from the Governor, the Department of Law Enforcement, a
  883  state attorney, or a United States Attorney which at least six
  884  members of the commission determine is sufficient to indicate a
  885  violation of this part or any other breach of the public trust;
  886  or
  887         (c) Upon receipt of reliable and publicly disseminated
  888  information that is determined by at least seven members of the
  889  commission to be sufficient to indicate a violation of this part
  890  or any other breach of the public trust, provided that
  891  commission staff did not undertake any formal investigation of
  892  the matter other than collecting publicly disseminated
  893  information before a determination of legal sufficiency is made
  894  by the commission.
  895  
  896  Within 5 days after receipt of a complaint by the commission, or
  897  a determination by at least six members of the commission that
  898  the referral received is deemed sufficient, or a determination
  899  of legal sufficiency is made by at least seven members of the
  900  commission in response to reliable and publicly disseminated
  901  information, a copy shall be transmitted to the alleged
  902  violator.
  903         (2)(a) The complaint and records relating to the complaint
  904  or to any preliminary investigation held by the commission or
  905  its agents, by a Commission on Ethics and Public Trust
  906  established by any county defined in s. 125.011(1) or by any
  907  municipality defined in s. 165.031, or by any county or
  908  municipality that has established a local investigatory process
  909  to enforce more stringent standards of conduct and disclosure
  910  requirements as provided in s. 112.326 are confidential and
  911  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  912  Constitution.
  913         (b) Written referrals and records relating to such
  914  referrals held by the commission or its agents, the Governor,
  915  the Department of Law Enforcement, or a state attorney, and
  916  records relating to any preliminary investigation of such
  917  referrals held by the commission or its agents, are confidential
  918  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  919  Constitution.
  920         (c) Any portion of a proceeding conducted by the
  921  commission, a Commission on Ethics and Public Trust, or a county
  922  or municipality that has established such local investigatory
  923  process, pursuant to a complaint or preliminary investigation,
  924  is exempt from s. 286.011, s. 24(b), Art. I of the State
  925  Constitution, and s. 120.525.
  926         (d) Any portion of a proceeding of the commission in which
  927  a determination regarding a referral is discussed or acted upon
  928  is exempt from s. 286.011 and s. 24(b), Art. I of the State
  929  Constitution, and s. 120.525.
  930         (e) The exemptions in paragraphs (a)-(d) apply until:
  931         1. The complaint is dismissed as legally insufficient;
  932         2. The alleged violator requests in writing that such
  933  records and proceedings be made public;
  934         3. The commission determines that it will not investigate
  935  the referral; or
  936         4. The commission, a Commission on Ethics and Public Trust,
  937  or a county or municipality that has established such local
  938  investigatory process determines, based on such investigation,
  939  whether probable cause exists to believe that a violation has
  940  occurred.
  941         (f) A complaint or referral under this part against a
  942  candidate in any general, special, or primary election may not
  943  be filed nor may any intention of filing such a complaint or
  944  referral be disclosed on the day of any such election or within
  945  the 30 days immediately preceding the date of the election,
  946  unless the complaint or referral is based upon personal
  947  information or information other than hearsay.
  948         (g) This subsection is subject to the Open Government
  949  Sunset Review Act in accordance with s. 119.15 and shall stand
  950  repealed on October 2, 2018, unless reviewed and saved from
  951  repeal through reenactment by the Legislature.
  952         (3) A preliminary investigation shall be undertaken by the
  953  commission of each legally sufficient complaint, or referral, or
  954  determination based on reliable and publicly disseminated
  955  information over which the commission has jurisdiction to
  956  determine whether there is probable cause to believe that a
  957  violation has occurred. If, upon completion of the preliminary
  958  investigation, the commission finds no probable cause to believe
  959  that this part has been violated or that any other breach of the
  960  public trust has been committed, the commission shall dismiss
  961  the matter complaint or referral with the issuance of a public
  962  report to the complainant and the alleged violator, stating with
  963  particularity its reasons for dismissal. At that time, the
  964  complaint or referral and all materials relating to the matter,
  965  including any complaint or referral, shall become a matter of
  966  public record. If the commission finds from the preliminary
  967  investigation probable cause to believe that this part has been
  968  violated or that any other breach of the public trust has been
  969  committed, it shall so notify the complainant and the alleged
  970  violator in writing. Such notification and all documents made or
  971  received in the disposition of the matter complaint or referral
  972  shall then become public records. Upon request submitted to the
  973  commission in writing, any person who the commission finds
  974  probable cause to believe has violated any provision of this
  975  part or has committed any other breach of the public trust shall
  976  be entitled to a public hearing. Such person shall be deemed to
  977  have waived the right to a public hearing if the request is not
  978  received within 14 days following the mailing of the probable
  979  cause notification required by this subsection. However, the
  980  commission may on its own motion, require a public hearing, may
  981  conduct such further investigation as it deems necessary, and
  982  may enter into such stipulations and settlements as it finds to
  983  be just and in the best interest of the state. The commission is
  984  without jurisdiction to, and no respondent may voluntarily or
  985  involuntarily, enter into a stipulation or settlement which
  986  imposes any penalty, including, but not limited to, a sanction
  987  or admonition or any other penalty contained in s. 112.317.
  988  Penalties shall be imposed only by the appropriate disciplinary
  989  authority as designated in this section.
  990         (4) If, in cases pertaining to members of the Legislature,
  991  upon completion of a full and final investigation by the
  992  commission, the commission finds that there has been a violation
  993  of this part or of any provision of s. 8, Art. II of the State
  994  Constitution, the commission shall forward a copy of the
  995  complaint, or referral, or information upon which the proceeding
  996  was initiated, and its findings by certified mail to the
  997  President of the Senate or the Speaker of the House of
  998  Representatives, whichever is applicable, who shall refer the
  999  matter complaint or referral to the appropriate committee for
 1000  investigation and action which shall be governed by the rules of
 1001  its respective house. It is the duty of the committee to report
 1002  its final action upon the matter to the commission within 90
 1003  days of the date of transmittal to the respective house. Upon
 1004  request of the committee, the commission shall submit a
 1005  recommendation as to what penalty, if any, should be imposed. In
 1006  the case of a member of the Legislature, the house in which the
 1007  member serves has the power to invoke the penalty provisions of
 1008  this part.
 1009         (5) If, in cases against impeachable officers, upon
 1010  completion of a full and final investigation by the commission,
 1011  the commission finds that there has been a violation of this
 1012  part or of any provision of s. 8, Art. II of the State
 1013  Constitution, and the commission finds that the violation may
 1014  constitute grounds for impeachment, the commission shall forward
 1015  a copy of the complaint, or referral, or information upon which
 1016  the proceeding was initiated, and its findings by certified mail
 1017  to the Speaker of the House of Representatives, who shall refer
 1018  the matter complaint or referral to the appropriate committee
 1019  for investigation and action which shall be governed by the
 1020  rules of the House of Representatives. It is the duty of the
 1021  committee to report its final action upon the matter to the
 1022  commission within 90 days of the date of transmittal.
 1023         (6) If the commission finds that there has been a violation
 1024  of this part or of any provision of s. 8, Art. II of the State
 1025  Constitution by an impeachable officer other than the Governor,
 1026  and the commission recommends public censure and reprimand,
 1027  forfeiture of a portion of the officer’s salary, a civil
 1028  penalty, or restitution, the commission shall report its
 1029  findings and recommendation of disciplinary action to the
 1030  Governor, who has the power to invoke the penalty provisions of
 1031  this part.
 1032         (7) If the commission finds that there has been a violation
 1033  of this part or of any provision of s. 8, Art. II of the State
 1034  Constitution by the Governor, and the commission recommends
 1035  public censure and reprimand, forfeiture of a portion of the
 1036  Governor’s salary, a civil penalty, or restitution, the
 1037  commission shall report its findings and recommendation of
 1038  disciplinary action to the Attorney General, who shall have the
 1039  power to invoke the penalty provisions of this part.
 1040         (8) If, In cases other than those complaints or referrals
 1041  against impeachable officers or members of the Legislature, if
 1042  the commission finds, upon completion of a full and final
 1043  investigation by the commission, the commission finds that there
 1044  has been a violation of this part or of s. 8, Art. II of the
 1045  State Constitution, it is the duty of the commission to report
 1046  its findings and recommend appropriate action to the proper
 1047  disciplinary official or body as follows, and such official or
 1048  body has the power to invoke the penalty provisions of this
 1049  part, including the power to order the appropriate elections
 1050  official to remove a candidate from the ballot for a violation
 1051  of s. 112.3145 or s. 8(a) and (i), Art. II of the State
 1052  Constitution:
 1053         (a) The President of the Senate and the Speaker of the
 1054  House of Representatives, jointly, in any case concerning the
 1055  Public Counsel, members of the Public Service Commission,
 1056  members of the Public Service Commission Nominating Council, the
 1057  Auditor General, or the director of the Office of Program Policy
 1058  Analysis and Government Accountability.
 1059         (b) The Supreme Court, in any case concerning an employee
 1060  of the judicial branch.
 1061         (c) The President of the Senate, in any case concerning an
 1062  employee of the Senate; the Speaker of the House of
 1063  Representatives, in any case concerning an employee of the House
 1064  of Representatives; or the President and the Speaker, jointly,
 1065  in any case concerning an employee of a committee of the
 1066  Legislature whose members are appointed solely by the President
 1067  and the Speaker or in any case concerning an employee of the
 1068  Public Counsel, Public Service Commission, Auditor General, or
 1069  Office of Program Policy Analysis and Government Accountability.
 1070         (d) Except as otherwise provided by this part, the
 1071  Governor, in the case of any other public officer, public
 1072  employee, former public officer or public employee, candidate or
 1073  former candidate, or person who is not a public officer or
 1074  employee, other than lobbyists and lobbying firms under s.
 1075  112.3215 for violations of s. 112.3215.
 1076         (e) The President of the Senate or the Speaker of the House
 1077  of Representatives, whichever is applicable, in any case
 1078  concerning a former member of the Legislature who has violated a
 1079  provision applicable to former members or whose violation
 1080  occurred while a member of the Legislature.
 1081         (9) In addition to reporting its findings to the proper
 1082  disciplinary body or official, the commission shall report these
 1083  findings to the state attorney or any other appropriate official
 1084  or agency having authority to initiate prosecution when
 1085  violation of criminal law is indicated.
 1086         (10) Notwithstanding the foregoing procedures of this
 1087  section, a sworn complaint against any member or employee of the
 1088  Commission on Ethics for violation of this part or of s. 8, Art.
 1089  II of the State Constitution shall be filed with the President
 1090  of the Senate and the Speaker of the House of Representatives.
 1091  Each presiding officer shall, after determining that there are
 1092  sufficient grounds for review, appoint three members of their
 1093  respective bodies to a special joint committee who shall
 1094  investigate the complaint. The members shall elect a chair from
 1095  among their number. If the special joint committee finds
 1096  insufficient evidence to establish probable cause to believe a
 1097  violation of this part or of s. 8, Art. II of the State
 1098  Constitution has occurred, it shall dismiss the complaint. If,
 1099  upon completion of its preliminary investigation, the committee
 1100  finds sufficient evidence to establish probable cause to believe
 1101  a violation has occurred, the chair thereof shall transmit such
 1102  findings to the Governor who shall convene a meeting of the
 1103  Governor, the President of the Senate, the Speaker of the House
 1104  of Representatives, and the Chief Justice of the Supreme Court
 1105  to take such final action on the complaint as they shall deem
 1106  appropriate, consistent with the penalty provisions of this
 1107  part. Upon request of a majority of the Governor, the President
 1108  of the Senate, the Speaker of the House of Representatives, and
 1109  the Chief Justice of the Supreme Court, the special joint
 1110  committee shall submit a recommendation as to what penalty, if
 1111  any, should be imposed.
 1112         (11)(a) Notwithstanding subsections (1)-(8), the commission
 1113  may dismiss any complaint, or referral, or matter based upon the
 1114  receipt of reliable and publicly disseminated information, at
 1115  any stage of disposition if it determines that the violation
 1116  that is alleged or has occurred is a de minimis violation
 1117  attributable to inadvertent or unintentional error. In
 1118  determining whether a violation was de minimis, the commission
 1119  shall consider whether the interests of the public were
 1120  protected despite the violation. This subsection does not apply
 1121  to complaints or referrals pursuant to ss. 112.3144 and
 1122  112.3145.
 1123         (b) For the purposes of this subsection, a de minimis
 1124  violation is any violation that is unintentional and not
 1125  material in nature.
 1126         (12) Notwithstanding the provisions of subsections (1)-(8),
 1127  the commission may, at its discretion, dismiss any matter
 1128  complaint or referral at any stage of disposition should it
 1129  determine that the public interest would not be served by
 1130  proceeding further, in which case the commission shall issue a
 1131  public report stating with particularity its reasons for the
 1132  dismissal.
 1133         Section 15. Section 112.3261, Florida Statutes, is amended
 1134  to read:
 1135         112.3261 Lobbying before governmental entities water
 1136  management districts; registration and reporting.—
 1137         (1) As used in this section, the term:
 1138         (a) “Governmental entity” or “entity” “District” means a
 1139  water management district created in s. 373.069 and operating
 1140  under the authority of chapter 373, a hospital district, a
 1141  children’s services district, an expressway authority as the
 1142  term “authority” is defined in s. 348.0002, the term “port
 1143  authority” as defined in s. 315.02, a county or municipality
 1144  that has not adopted lobbyist registration and reporting
 1145  requirements, or an independent special district with annual
 1146  revenues of more than $5 million which exercises ad valorem
 1147  taxing authority.
 1148         (b) “Lobbies” means seeking, on behalf of another person,
 1149  to influence a governmental entity district with respect to a
 1150  decision of the entity district in an area of policy or
 1151  procurement or an attempt to obtain the goodwill of an a
 1152  district official or employee of a governmental entity. The term
 1153  “lobbies” shall be interpreted and applied consistently with the
 1154  rules of the commission implementing s. 112.3215.
 1155         (c) “Lobbyist” has the same meaning as provided in s.
 1156  112.3215.
 1157         (d) “Principal” has the same meaning as provided in s.
 1158  112.3215.
 1159         (2) A person may not lobby a governmental entity district
 1160  until such person has registered as a lobbyist with that entity
 1161  district. Such registration shall be due upon initially being
 1162  retained to lobby and is renewable on a calendar-year basis
 1163  thereafter. Upon registration, the person shall provide a
 1164  statement signed by the principal or principal’s representative
 1165  stating that the registrant is authorized to represent the
 1166  principal. The principal shall also identify and designate its
 1167  main business on the statement authorizing that lobbyist
 1168  pursuant to a classification system approved by the governmental
 1169  entity district. Any changes to the information required by this
 1170  section must be disclosed within 15 days by filing a new
 1171  registration form. The registration form must shall require each
 1172  lobbyist to disclose, under oath, the following:
 1173         (a) The lobbyist’s name and business address.
 1174         (b) The name and business address of each principal
 1175  represented.
 1176         (c) The existence of any direct or indirect business
 1177  association, partnership, or financial relationship with an
 1178  official any officer or employee of a governmental entity
 1179  district with which he or she lobbies or intends to lobby.
 1180         (d) A governmental entity shall create a lobbyist
 1181  registration form modeled after the In lieu of creating its own
 1182  lobbyist registration forms, a district may accept a completed
 1183  legislative branch or executive branch lobbyist registration
 1184  form, which must be returned to the governmental entity.
 1185         (3) A governmental entity district shall make lobbyist
 1186  registrations available to the public. If a governmental entity
 1187  district maintains a website, a database of currently registered
 1188  lobbyists and principals must be available on the entity’s
 1189  district’s website.
 1190         (4) A lobbyist shall promptly send a written statement to
 1191  the governmental entity district canceling the registration for
 1192  a principal upon termination of the lobbyist’s representation of
 1193  that principal. A governmental entity district may remove the
 1194  name of a lobbyist from the list of registered lobbyists if the
 1195  principal notifies the entity district that a person is no
 1196  longer authorized to represent that principal.
 1197         (5) A governmental entity district may establish an annual
 1198  lobbyist registration fee, not to exceed $40, for each principal
 1199  represented. The governmental entity district may use
 1200  registration fees only to administer this section.
 1201         (6) A governmental entity district shall be diligent to
 1202  ascertain whether persons required to register pursuant to this
 1203  section have complied. A governmental entity district may not
 1204  knowingly authorize a person who is not registered pursuant to
 1205  this section to lobby the entity district.
 1206         (7) Upon receipt of a sworn complaint alleging that a
 1207  lobbyist or principal has failed to register with a governmental
 1208  entity district or has knowingly submitted false information in
 1209  a report or registration required under this section, the
 1210  commission shall investigate a lobbyist or principal pursuant to
 1211  the procedures established under s. 112.324. The commission
 1212  shall provide the Governor with a report of its findings and
 1213  recommendations in any investigation conducted pursuant to this
 1214  subsection. The Governor is authorized to enforce the
 1215  commission’s findings and recommendations.
 1216         (8) A governmental entity Water management districts may
 1217  adopt rules to establish procedures to govern the registration
 1218  of lobbyists, including the adoption of forms and the
 1219  establishment of a lobbyist registration fee.
 1220         Section 16. Paragraph (c) of subsection (3) of section
 1221  129.03, Florida Statutes, is amended to read:
 1222         129.03 Preparation and adoption of budget.—
 1223         (3) The county budget officer, after tentatively
 1224  ascertaining the proposed fiscal policies of the board for the
 1225  next fiscal year, shall prepare and present to the board a
 1226  tentative budget for the next fiscal year for each of the funds
 1227  provided in this chapter, including all estimated receipts,
 1228  taxes to be levied, and balances expected to be brought forward
 1229  and all estimated expenditures, reserves, and balances to be
 1230  carried over at the end of the year.
 1231         (c) The board shall hold public hearings to adopt tentative
 1232  and final budgets pursuant to s. 200.065. The hearings shall be
 1233  primarily for the purpose of hearing requests and complaints
 1234  from the public regarding the budgets and the proposed tax
 1235  levies and for explaining the budget and any proposed or adopted
 1236  amendments. The tentative budget must be posted on the county’s
 1237  official website at least 2 days before the public hearing to
 1238  consider such budget and must remain on the website for at least
 1239  45 days. The final budget must be posted on the website within
 1240  30 days after adoption and must remain on the website for at
 1241  least 2 years. The tentative budgets, adopted tentative budgets,
 1242  and final budgets shall be filed in the office of the county
 1243  auditor as a public record. Sufficient reference in words and
 1244  figures to identify the particular transactions must shall be
 1245  made in the minutes of the board to record its actions with
 1246  reference to the budgets.
 1247         Section 17. Paragraph (f) of subsection (2) of section
 1248  129.06, Florida Statutes, is amended to read:
 1249         129.06 Execution and amendment of budget.—
 1250         (2) The board at any time within a fiscal year may amend a
 1251  budget for that year, and may within the first 60 days of a
 1252  fiscal year amend the budget for the prior fiscal year, as
 1253  follows:
 1254         (f) Unless otherwise prohibited by law, if an amendment to
 1255  a budget is required for a purpose not specifically authorized
 1256  in paragraphs (a)-(e), the amendment may be authorized by
 1257  resolution or ordinance of the board of county commissioners
 1258  adopted following a public hearing.
 1259         1. The public hearing must be advertised at least 2 days,
 1260  but not more than 5 days, before the date of the hearing. The
 1261  advertisement must appear in a newspaper of paid general
 1262  circulation and must identify the name of the taxing authority,
 1263  the date, place, and time of the hearing, and the purpose of the
 1264  hearing. The advertisement must also identify each budgetary
 1265  fund to be amended, the source of the funds, the use of the
 1266  funds, and the total amount of each fund’s appropriations.
 1267         2. If the board amends the budget pursuant to this
 1268  paragraph, the adopted amendment must be posted on the county’s
 1269  official website within 5 days after adoption and must remain on
 1270  the website for at least 2 years.
 1271         Section 18. Subsections (3) and (5) of section 166.241,
 1272  Florida Statutes, are amended to read:
 1273         166.241 Fiscal years, budgets, and budget amendments.—
 1274         (3) The tentative budget must be posted on the
 1275  municipality’s official website at least 2 days before the
 1276  budget hearing, held pursuant to s. 200.065 or other law, to
 1277  consider such budget, and must remain on the website for at
 1278  least 45 days. The final adopted budget must be posted on the
 1279  municipality’s official website within 30 days after adoption
 1280  and must remain on the website for at least 2 years. If the
 1281  municipality does not operate an official website, the
 1282  municipality must, within a reasonable period of time as
 1283  established by the county or counties in which the municipality
 1284  is located, transmit the tentative budget and final budget to
 1285  the manager or administrator of such county or counties who
 1286  shall post the budgets on the county’s website.
 1287         (5) If the governing body of a municipality amends the
 1288  budget pursuant to paragraph (4)(c), the adopted amendment must
 1289  be posted on the official website of the municipality within 5
 1290  days after adoption and must remain on the website for at least
 1291  2 years. If the municipality does not operate an official
 1292  website, the municipality must, within a reasonable period of
 1293  time as established by the county or counties in which the
 1294  municipality is located, transmit the adopted amendment to the
 1295  manager or administrator of such county or counties who shall
 1296  post the adopted amendment on the county’s website.
 1297         Section 19. Subsections (4) and (7) of section 189.016,
 1298  Florida Statutes, are amended to read:
 1299         189.016 Reports; budgets; audits.—
 1300         (4) The tentative budget must be posted on the special
 1301  district’s official website at least 2 days before the budget
 1302  hearing, held pursuant to s. 200.065 or other law, to consider
 1303  such budget, and must remain on the website for at least 45
 1304  days. The final adopted budget must be posted on the special
 1305  district’s official website within 30 days after adoption and
 1306  must remain on the website for at least 2 years. If the special
 1307  district does not operate an official website, the special
 1308  district must, within a reasonable period of time as established
 1309  by the local general-purpose government or governments in which
 1310  the special district is located or the local governing authority
 1311  to which the district is dependent, transmit the tentative
 1312  budget or final budget to the manager or administrator of the
 1313  local general-purpose government or the local governing
 1314  authority. The manager or administrator shall post the tentative
 1315  budget or final budget on the website of the local general
 1316  purpose government or governing authority. This subsection and
 1317  subsection (3) do not apply to water management districts as
 1318  defined in s. 373.019.
 1319         (7) If the governing body of a special district amends the
 1320  budget pursuant to paragraph (6)(c), the adopted amendment must
 1321  be posted on the official website of the special district within
 1322  5 days after adoption and must remain on the website for at
 1323  least 2 years. If the special district does not operate an
 1324  official website, the special district must, within a reasonable
 1325  period of time as established by the local general-purpose
 1326  government or governments in which the special district is
 1327  located or the local governing authority to which the district
 1328  is dependent, transmit the adopted amendment to the manager or
 1329  administrator of the local general-purpose government or
 1330  governing authority. The manager or administrator shall post the
 1331  adopted amendment on the website of the local general-purpose
 1332  government or governing authority.
 1333         Section 20. Present subsections (1) through (5) of section
 1334  215.425, Florida Statutes, are renumbered as subsections (2)
 1335  through (6), respectively, present subsection (2) and paragraph
 1336  (a) of present subsection (4) of that section are amended, and a
 1337  new subsection (1) and subsections (7) through (13) are added to
 1338  that section, to read:
 1339         215.425 Extra compensation claims prohibited; bonuses;
 1340  severance pay.—
 1341         (1) As used in this section, the term “public funds” means
 1342  any taxes, tuition, grants, fines, fees, or other charges or any
 1343  other type of revenue collected by the state or any county,
 1344  municipality, special district, school district, Florida College
 1345  System institution, state university, or other separate unit of
 1346  government created pursuant to law, including any office,
 1347  department, agency, division, subdivision, political
 1348  subdivision, board, bureau, or commission of such entities.
 1349         (3)(2)Notwithstanding subsection (2), if the payment and
 1350  receipt does not otherwise violate part III of chapter 112, the
 1351  following funds may be used to provide extra compensation or
 1352  severance pay in excess of the amount specified in subparagraph
 1353  (5)(a)1.:
 1354         (a) Revenues received by state universities through or from
 1355  faculty practice plans; health services support organizations;
 1356  hospitals with which state universities are affiliated; direct
 1357  support organizations; or federal, auxiliary, or private
 1358  sources, except for tuition.
 1359         (b) Revenues received by Florida College System
 1360  institutions through or from faculty practice plans; health
 1361  services support organizations; direct-support organizations; or
 1362  federal, auxiliary, or private sources, except for tuition.
 1363         (c) Revenues that are received by a hospital licensed under
 1364  chapter 395 which has entered into a Medicaid provider contract
 1365  and that:
 1366         1. Are not derived from the levy of an ad valorem tax;
 1367         2. Are not derived from patient services paid through the
 1368  Medicaid or Medicare program;
 1369         3. Are derived from patient services pursuant to contracts
 1370  with private insurers or private managed care entities; or
 1371         4. Are not appropriated by the Legislature or by any
 1372  county, municipality, special district, school district, Florida
 1373  College System institution, state university, or other separate
 1374  unit of government created pursuant to law, including any
 1375  office, department, agency, division, subdivision, political
 1376  subdivision, board, bureau, commission, authority, or
 1377  institution of such entities, except for revenues otherwise
 1378  authorized to be used pursuant to subparagraphs 2. and 3. This
 1379  section does not apply to:
 1380         (a) a bonus or severance pay that is paid wholly from
 1381  nontax revenues and nonstate-appropriated funds, the payment and
 1382  receipt of which does not otherwise violate part III of chapter
 1383  112, and which is paid to an officer, agent, employee, or
 1384  contractor of a public hospital that is operated by a county or
 1385  a special district; or
 1386         (d)(b) A clothing and maintenance allowance given to
 1387  plainclothes deputies pursuant to s. 30.49.
 1388         (e) Revenues or fees received by a seaport or airport from
 1389  sources other than through the levy of a tax, or funds
 1390  appropriated by any county or municipality or the Legislature.
 1391         (5)(a)(4)(a)On or after July 1, 2011, A unit of
 1392  government, on or after July 1, 2011, or a state university, on
 1393  or after July 1, 2012, that is a party to enters into a contract
 1394  or employment agreement, or renewal or renegotiation of an
 1395  existing contract or employment agreement, that contains a
 1396  provision for severance pay with an officer, agent, employee, or
 1397  contractor must include the following provisions in the
 1398  contract:
 1399         1. A requirement that severance pay paid from public funds
 1400  provided may not exceed an amount greater than 20 weeks of
 1401  compensation.
 1402         2. A prohibition of provision of severance pay paid from
 1403  public funds when the officer, agent, employee, or contractor
 1404  has been fired for misconduct, as defined in s. 443.036(29), by
 1405  the unit of government.
 1406         (7) Upon discovery or notification that a unit of
 1407  government has provided prohibited compensation to any officer,
 1408  agent, employee, or contractor in violation of this section,
 1409  such unit of government shall investigate and take all necessary
 1410  action to recover the prohibited compensation.
 1411         (a) If the violation was unintentional, the unit of
 1412  government shall recover the prohibited compensation from the
 1413  individual receiving the prohibited compensation through normal
 1414  recovery methods for overpayments.
 1415         (b) If the violation was willful, the unit of government
 1416  shall recover the prohibited compensation from either the
 1417  individual receiving the prohibited compensation or the
 1418  individual or individuals responsible for approving the
 1419  prohibited compensation. Each individual determined to have
 1420  willfully violated this section is jointly and severally liable
 1421  for repayment of the prohibited compensation.
 1422         (8) A person who willfully violates this section commits a
 1423  misdemeanor of the first degree, punishable as provided in s.
 1424  775.082 or s. 775.083.
 1425         (9) An officer who exercises the powers and duties of a
 1426  state or county officer and willfully violates this section is
 1427  subject to the Governor’s power under s. 7(a), Art. IV of the
 1428  State Constitution. An officer who exercises powers and duties
 1429  other than those of a state or county officer and willfully
 1430  violates this section is subject to the suspension and removal
 1431  procedures under s. 112.51.
 1432         (10)(a) A person who reports a violation of this section is
 1433  eligible for a reward of at least $500, or the lesser of 10
 1434  percent of the funds recovered or $10,000 per incident of a
 1435  prohibited compensation payment recovered by the unit of
 1436  government, depending upon the extent to which the person
 1437  substantially contributed to the discovery, notification, and
 1438  recovery of such prohibited payment.
 1439         (b) In the event that the recovery of the prohibited
 1440  compensation is based primarily on disclosures of specific
 1441  information, other than information provided by such person,
 1442  relating to allegations or transactions in a criminal, civil, or
 1443  administrative hearing; in a legislative, administrative,
 1444  inspector general, or other government report; in an auditor
 1445  general report, hearing, audit, or investigation; or from the
 1446  news media, such person is not eligible for a reward, or for an
 1447  award of a portion of the proceeds or payment of attorney fees
 1448  and costs pursuant to s. 68.085.
 1449         (c) If it is determined that the person who reported a
 1450  violation of this section was involved in the authorization,
 1451  approval, or receipt of the prohibited compensation or is
 1452  convicted of criminal conduct arising from his or her role in
 1453  the authorization, approval, or receipt of the prohibited
 1454  compensation, such person is not eligible for a reward, or for
 1455  an award of a portion of the proceeds or payment of attorney
 1456  fees and costs pursuant to s. 68.085.
 1457         (11) An employee who is discharged, demoted, suspended,
 1458  threatened, harassed, or in any manner discriminated against in
 1459  the terms and conditions of employment by his or her employer
 1460  because of lawful acts done by the employee on behalf of the
 1461  employee or others in furtherance of an action under this
 1462  section, including investigation for initiation of, testimony
 1463  for, or assistance in an action filed or to be filed under this
 1464  section, has a cause of action under s. 112.3187.
 1465         (12) If the unit of government fails to recover prohibited
 1466  compensation for a willful violation of this section upon
 1467  discovery and notification of such prohibited payment within 90
 1468  days, a cause of action may be brought to:
 1469         (a) Recover state funds in accordance with ss. 68.082 and
 1470  68.083.
 1471         (b) Recover other funds by the Department of Legal Affairs
 1472  using the procedures set forth in ss. 68.082 and 68.083, except
 1473  that venue shall lie in the circuit court of the county in which
 1474  the unit of government is located.
 1475         (c) Recover other funds by a person using the procedures
 1476  set forth in ss. 68.082 and 68.083, except that venue shall lie
 1477  in the circuit court of the county in which the unit of
 1478  government is located.
 1479         (13) Subsections (7)-(12) apply prospectively to contracts
 1480  or employment agreements, or the renewal or renegotiation of an
 1481  existing contract or employment agreement, effective on or after
 1482  October 1, 2016.
 1483         Section 21. Section 215.86, Florida Statutes, is amended to
 1484  read:
 1485         215.86 Management systems and controls.—Each state agency
 1486  and the judicial branch as defined in s. 216.011 shall establish
 1487  and maintain management systems and internal controls designed
 1488  to:
 1489         (1) Prevent and detect fraud, waste, and abuse. that
 1490         (2) Promote and encourage compliance with applicable laws,
 1491  rules, contracts, grant agreements, and best practices.;
 1492         (3) Support economical and economic, efficient, and
 1493  effective operations.;
 1494         (4) Ensure reliability of financial records and reports.;
 1495         (5) Safeguard and safeguarding of assets. Accounting
 1496  systems and procedures shall be designed to fulfill the
 1497  requirements of generally accepted accounting principles.
 1498         Section 22. Paragraph (a) of subsection (2) of section
 1499  215.97, Florida Statutes, is amended to read:
 1500         215.97 Florida Single Audit Act.—
 1501         (2) Definitions; as used in this section, the term:
 1502         (a) “Audit threshold” means the threshold amount used to
 1503  determine when a state single audit or project-specific audit of
 1504  a nonstate entity shall be conducted in accordance with this
 1505  section. Each nonstate entity that expends a total amount of
 1506  state financial assistance equal to or in excess of $750,000
 1507  $500,000 in any fiscal year of such nonstate entity shall be
 1508  required to have a state single audit, or a project-specific
 1509  audit, for such fiscal year in accordance with the requirements
 1510  of this section. Every 2 years the Auditor General, After
 1511  consulting with the Executive Office of the Governor, the
 1512  Department of Financial Services, and all state awarding
 1513  agencies, the Auditor General shall periodically review the
 1514  threshold amount for requiring audits under this section and may
 1515  recommend any appropriate statutory change to revise the
 1516  threshold amount in the annual report submitted pursuant to s.
 1517  11.45(7)(h) to the Legislature may adjust such threshold amount
 1518  consistent with the purposes of this section.
 1519         Section 23. Subsection (11) of section 215.985, Florida
 1520  Statutes, is amended to read:
 1521         215.985 Transparency in government spending.—
 1522         (11) Each water management district shall provide a monthly
 1523  financial statement in the form and manner prescribed by the
 1524  Department of Financial Services to the district’s its governing
 1525  board and make such monthly financial statement available for
 1526  public access on its website.
 1527         Section 24. Paragraph (d) of subsection (1) and subsection
 1528  (2) of section 218.32, Florida Statutes, are amended to read:
 1529         218.32 Annual financial reports; local governmental
 1530  entities.—
 1531         (1)
 1532         (d) Each local governmental entity that is required to
 1533  provide for an audit under s. 218.39(1) must submit a copy of
 1534  the audit report and annual financial report to the department
 1535  within 45 days after the completion of the audit report but no
 1536  later than 9 months after the end of the fiscal year. In
 1537  conducting an audit of a local governmental entity pursuant to
 1538  s. 218.39, an independent certified public accountant shall
 1539  determine whether the entity’s annual financial report is in
 1540  agreement with the audited financial statements. The
 1541  accountant’s audit report must be supported by the same level of
 1542  detail as required for the annual financial report. If the
 1543  accountant’s audit report is not in agreement with the annual
 1544  financial report, the accountant shall specify and explain the
 1545  significant differences that exist between the annual financial
 1546  report and the audit report.
 1547         (2) The department shall annually by December 1 file a
 1548  verified report with the Governor, the Legislature, the Auditor
 1549  General, and the Special District Accountability Program of the
 1550  Department of Economic Opportunity showing the revenues, both
 1551  locally derived and derived from intergovernmental transfers,
 1552  and the expenditures of each local governmental entity, regional
 1553  planning council, local government finance commission, and
 1554  municipal power corporation that is required to submit an annual
 1555  financial report. In preparing the verified report, the
 1556  department may request additional information from the local
 1557  governmental entity. The information requested must be provided
 1558  to the department within 45 days after the request. If the local
 1559  governmental entity does not comply with the request, the
 1560  department shall notify the Legislative Auditing Committee,
 1561  which may take action pursuant to s. 11.40(2). The report must
 1562  include, but is not limited to:
 1563         (a) The total revenues and expenditures of each local
 1564  governmental entity that is a component unit included in the
 1565  annual financial report of the reporting entity.
 1566         (b) The amount of outstanding long-term debt by each local
 1567  governmental entity. For purposes of this paragraph, the term
 1568  “long-term debt” means any agreement or series of agreements to
 1569  pay money, which, at inception, contemplate terms of payment
 1570  exceeding 1 year in duration.
 1571         Section 25. Present subsection (3) of section 218.33,
 1572  Florida Statutes, is redesignated as subsection (4), and a new
 1573  subsection (3) is added to that section, to read:
 1574         218.33 Local governmental entities; establishment of
 1575  uniform fiscal years and accounting practices and procedures.—
 1576         (3) Each local governmental entity shall establish and
 1577  maintain internal controls designed to:
 1578         (a) Prevent and detect fraud, waste, and abuse.
 1579         (b) Promote and encourage compliance with applicable laws,
 1580  rules, contracts, grant agreements, and best practices.
 1581         (c) Support economical and efficient operations.
 1582         (d) Ensure reliability of financial records and reports.
 1583         (e) Safeguard assets.
 1584         Section 26. Present subsections (8) through (12) of section
 1585  218.39, Florida Statutes, are redesignated as subsections (9)
 1586  through (13), respectively, and a new subsection (8) is added to
 1587  that section, to read:
 1588         218.39 Annual financial audit reports.—
 1589         (8) If the audit report includes a recommendation that was
 1590  included in the preceding financial audit report but remains
 1591  unaddressed, the governing body of the audited entity, within 60
 1592  days after the delivery of the audit report to the governing
 1593  body, shall indicate during a regularly scheduled public meeting
 1594  whether it intends to take corrective action, the intended
 1595  corrective action, and the timeframe for the corrective action.
 1596  If the governing body indicates that it does not intend to take
 1597  corrective action, it shall explain its decision at the public
 1598  meeting.
 1599         Section 27. Subsection (2) of section 218.391, Florida
 1600  Statutes, is amended, and subsection (9) is added to that
 1601  section, to read:
 1602         218.391 Auditor selection procedures.—
 1603         (2) The governing body of a charter county, municipality,
 1604  special district, district school board, charter school, or
 1605  charter technical career center shall establish an audit
 1606  committee.
 1607         (a) The audit committee for a county Each noncharter county
 1608  shall establish an audit committee that, at a minimum, shall
 1609  consist of each of the county officers elected pursuant to the
 1610  county charter or s. 1(d), Art. VIII of the State Constitution,
 1611  or their respective designees a designee, and one member of the
 1612  board of county commissioners or its designee.
 1613         (b) The audit committee for a municipality, special
 1614  district, district school board, charter school, or charter
 1615  technical career center shall consist of at least three members.
 1616  One member of the audit committee must be a member of the
 1617  governing body of an entity specified in this paragraph, who
 1618  shall also serve as the chair of the committee.
 1619         (c) An employee, chief executive officer, or chief
 1620  financial officer of the county, municipality, special district,
 1621  district school board, charter school, or charter technical
 1622  career center may not serve as a member of an audit committee
 1623  established under this subsection.
 1624         (d) The primary purpose of the audit committee is to assist
 1625  the governing body in selecting an auditor to conduct the annual
 1626  financial audit required in s. 218.39; however, the audit
 1627  committee may serve other audit oversight purposes as determined
 1628  by the entity’s governing body. The public may shall not be
 1629  excluded from the proceedings under this section.
 1630         (9) An audit report submitted pursuant to s. 218.39 must
 1631  include an affidavit executed by the chair of the audit
 1632  committee affirming that the committee complied with the
 1633  requirements of subsections (3)-(6) in selecting an auditor. If
 1634  the Auditor General determines that an entity failed to comply
 1635  with the requirements of subsections (3)-(6) in selecting an
 1636  auditor, the entity shall select a replacement auditor in
 1637  accordance with this section to conduct audits for subsequent
 1638  fiscal years if the original audit was performed under a
 1639  multiyear contract. If the replacement of an auditor would
 1640  preclude the entity from timely completing the annual financial
 1641  audit required by s. 218.39, the entity shall replace an auditor
 1642  in accordance with this section for the subsequent annual
 1643  financial audit. A multiyear contract between an entity or an
 1644  auditor may not prohibit or restrict an entity from complying
 1645  with this subsection.
 1646         Section 28. Subsection (2) of section 286.0114, Florida
 1647  Statutes, is amended to read:
 1648         286.0114 Public meetings; reasonable opportunity to be
 1649  heard; attorney fees.—
 1650         (2) Members of the public shall be given a reasonable
 1651  opportunity to be heard on a proposition before a board or
 1652  commission. The opportunity to be heard need not occur at the
 1653  same meeting at which the board or commission takes official
 1654  action on the proposition if the opportunity occurs at a meeting
 1655  that is during the decisionmaking process and is within
 1656  reasonable proximity in time before the meeting at which the
 1657  board or commission takes the official action. A board or
 1658  commission may not require a member of the public to provide an
 1659  advance written copy of his or her testimony or comments as a
 1660  precondition of being given the opportunity to be heard at a
 1661  meeting. This section does not prohibit a board or commission
 1662  from maintaining orderly conduct or proper decorum in a public
 1663  meeting. The opportunity to be heard is subject to rules or
 1664  policies adopted by the board or commission, as provided in
 1665  subsection (4).
 1666         Section 29. Paragraph (b) of subsection (2) of section
 1667  288.92, Florida Statutes, is amended to read:
 1668         288.92 Divisions of Enterprise Florida, Inc.—
 1669         (2)
 1670         (b)1. The following officers and board members are subject
 1671  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1672  112.3143(2):
 1673         a. Officers and members of the board of directors of the
 1674  divisions of Enterprise Florida, Inc.
 1675         b. Officers and members of the board of directors of
 1676  subsidiaries of Enterprise Florida, Inc.
 1677         c. Officers and members of the board of directors of
 1678  corporations created to carry out the missions of Enterprise
 1679  Florida, Inc.
 1680         d. Officers and members of the board of directors of
 1681  corporations with which a division is required by law to
 1682  contract to carry out its missions.
 1683         2. For a period of 2 years after retirement from or
 1684  termination of service to a division, or for a period of 10
 1685  years if removed or terminated for cause or for misconduct, as
 1686  defined in s. 443.036(29), the officers and board members
 1687  specified in subparagraph 1. may not represent another person or
 1688  entity for compensation before:
 1689         a. Enterprise Florida, Inc.;
 1690         b. A division, a subsidiary, or the board of directors of
 1691  corporations created to carry out the missions of Enterprise
 1692  Florida, Inc.; or
 1693         c. A division with which Enterprise Florida, Inc., is
 1694  required by law to contract to carry out its missions.
 1695         3.2. For purposes of applying ss. 112.313(1)-(8), (10),
 1696  (12), and (15); 112.3135; and 112.3143(2) to activities of the
 1697  officers and members of the board of directors specified in
 1698  subparagraph 1., those persons shall be considered public
 1699  officers or employees and the corporation shall be considered
 1700  their agency.
 1701         4.3. It is not a violation of s. 112.3143(2) or (4) for the
 1702  officers or members of the board of directors of the Florida
 1703  Tourism Industry Marketing Corporation to:
 1704         a. Vote on the 4-year marketing plan required under s.
 1705  288.923 or vote on any individual component of or amendment to
 1706  the plan.
 1707         b. Participate in the establishment or calculation of
 1708  payments related to the private match requirements of s.
 1709  288.904(3). The officer or member must file an annual disclosure
 1710  describing the nature of his or her interests or the interests
 1711  of his or her principals, including corporate parents and
 1712  subsidiaries of his or her principal, in the private match
 1713  requirements. This annual disclosure requirement satisfies the
 1714  disclosure requirement of s. 112.3143(4). This disclosure must
 1715  be placed either on the Florida Tourism Industry Marketing
 1716  Corporation’s website or included in the minutes of each meeting
 1717  of the Florida Tourism Industry Marketing Corporation’s board of
 1718  directors at which the private match requirements are discussed
 1719  or voted upon.
 1720         Section 30. Paragraph (a) of subsection (3) of section
 1721  288.9604, Florida Statutes, is amended to read:
 1722         288.9604 Creation of the authority.—
 1723         (3)(a)1. A director may not receive compensation for his or
 1724  her services, but is entitled to necessary expenses, including
 1725  travel expenses, incurred in the discharge of his or her duties.
 1726  Each director shall hold office until his or her successor has
 1727  been appointed.
 1728         2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
 1729  and (15); 112.3135; and 112.3143(2). For purposes of applying
 1730  ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
 1731  112.3143(2) to activities of directors, directors shall be
 1732  considered public officers and the corporation shall be
 1733  considered their agency.
 1734         3. A director of the corporation may not represent another
 1735  person or entity for compensation before the corporation for a
 1736  period of 2 years following his or her service on the board of
 1737  directors.
 1738         Section 31. Paragraph (e) of subsection (4), paragraph (d)
 1739  of subsection (5), and paragraph (d) of subsection (6) of
 1740  section 373.536, Florida Statutes, are amended to read:
 1741         373.536 District budget and hearing thereon.—
 1742         (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
 1743         (e) By September 1, 2012, Each district shall provide a
 1744  monthly financial statement in the form and manner prescribed by
 1745  the Department of Financial Services to the district’s governing
 1746  board and make such monthly financial statement available for
 1747  public access on its website.
 1748         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
 1749  APPROVAL.—
 1750         (d) Each district shall, by August 1 of each year, submit
 1751  for review a tentative budget and a description of any
 1752  significant changes from the preliminary budget submitted to the
 1753  Legislature pursuant to s. 373.535 to the Governor, the
 1754  President of the Senate, the Speaker of the House of
 1755  Representatives, the chairs of all legislative committees and
 1756  subcommittees having substantive or fiscal jurisdiction over
 1757  water management districts, as determined by the President of
 1758  the Senate or the Speaker of the House of Representatives, as
 1759  applicable, the secretary of the department, and the governing
 1760  body of each county in which the district has jurisdiction or
 1761  derives any funds for the operations of the district. The
 1762  tentative budget must be posted on the district’s official
 1763  website at least 2 days before budget hearings held pursuant to
 1764  s. 200.065 or other law and must remain on the website for at
 1765  least 45 days.
 1766         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 1767  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 1768         (d) The final adopted budget must be posted on the water
 1769  management district’s official website within 30 days after
 1770  adoption and must remain on the website for at least 2 years.
 1771         Section 32. Section 838.014, Florida Statutes, is amended
 1772  to read:
 1773         838.014 Definitions.—As used in this chapter, the term:
 1774         (1) “Benefit” means gain or advantage, or anything regarded
 1775  by the person to be benefited as a gain or advantage, including
 1776  the doing of an act beneficial to any person in whose welfare he
 1777  or she is interested, including any commission, gift, gratuity,
 1778  property, commercial interest, or any other thing of economic
 1779  value not authorized by law.
 1780         (2) “Bid” includes a response to an “invitation to bid,”
 1781  “invitation to negotiate,” “request for a quote,” or “request
 1782  for proposals” as those terms are defined in s. 287.012.
 1783         (3) “Commodity” means any goods, merchandise, wares,
 1784  produce, chose in action, land, article of commerce, or other
 1785  tangible or intangible property, real, personal, or mixed, for
 1786  use, consumption, production, enjoyment, or resale.
 1787         (4) “Governmental entity” means an agency or entity of the
 1788  state, a county, a municipality, or a special district or any
 1789  other public entity created or authorized by law “Corruptly” or
 1790  “with corrupt intent” means acting knowingly and dishonestly for
 1791  a wrongful purpose.
 1792         (5) “Harm” means pecuniary or other loss, disadvantage, or
 1793  injury to the person affected.
 1794         (6) “Public contractor” means:
 1795         (a) Any person, as defined in s. 1.01, who has entered into
 1796  a contract with a governmental entity; or
 1797         (b) Any officer or employee of a person, as defined in s.
 1798  1.01, who has entered into a contract with a governmental
 1799  entity.
 1800         (7) “Public servant” means:
 1801         (a) Any officer or employee of a governmental state,
 1802  county, municipal, or special district agency or entity,
 1803  including;
 1804         (b) any executive, legislative, or judicial branch officer
 1805  or employee;
 1806         (b)(c) Any person, except a witness, who acts as a general
 1807  or special magistrate, receiver, auditor, arbitrator, umpire,
 1808  referee, consultant, or hearing officer while performing a
 1809  governmental function; or
 1810         (c)(d) A candidate for election or appointment to any of
 1811  the positions listed in this subsection, or an individual who
 1812  has been elected to, but has yet to officially assume the
 1813  responsibilities of, public office.
 1814         (8)(7) “Service” means any kind of activity performed in
 1815  whole or in part for economic benefit.
 1816         Section 33. Section 838.015, Florida Statutes, is amended
 1817  to read:
 1818         838.015 Bribery.—
 1819         (1) For purposes of this section, “bribery” means:
 1820         (a)corruptly To knowingly and intentionally give, offer,
 1821  or promise any pecuniary or other benefit not authorized by law
 1822  to any public servant, which is intended to influence the
 1823  performance of any act or omission which the person believes to
 1824  be, or the public servant represents as being, either within the
 1825  official discretion of the public servant, in violation of a
 1826  public duty, or in performance of a public duty; or,
 1827         (b) If a public servant, corruptly to knowingly and
 1828  intentionally request, solicit, accept, or agree to accept for
 1829  himself or herself or another, any pecuniary or other benefit
 1830  not authorized by law which is given, offered, or promised with
 1831  an intent or a purpose to influence the performance of any act
 1832  or omission which the person believes to be, or the public
 1833  servant represents as being, either within the official
 1834  discretion of a public servant, in violation of a public duty,
 1835  or in performance of a public duty; or
 1836         (c) If a public contractor, to knowingly and intentionally
 1837  request, solicit, accept, or agree to accept for himself or
 1838  herself or another any pecuniary or other benefit not authorized
 1839  by law which is given, offered, or promised with an intent or a
 1840  purpose to influence the performance of any act or omission
 1841  which the person believes to be, or the public contractor
 1842  represents as being, either within the official discretion of
 1843  the public contractor as granted by the contract with the
 1844  governmental entity, in violation of a duty required by the
 1845  contract with the governmental entity, or in performance of a
 1846  duty required by the contract with the governmental entity.
 1847         (2) Prosecution under this section does shall not require
 1848  any allegation or proof that the public servant or public
 1849  contractor who ultimately sought to be unlawfully influenced was
 1850  qualified to act in the desired way, that the public servant had
 1851  assumed office, that the matter was properly pending before him
 1852  or her or might by law properly be brought before him or her,
 1853  that the public servant or public contractor possessed
 1854  jurisdiction over the matter, or that his or her official action
 1855  was necessary to achieve the person’s purpose.
 1856         (3) Any person who commits bribery commits a felony of the
 1857  second degree, punishable as provided in s. 775.082, s. 775.083,
 1858  or s. 775.084.
 1859         Section 34. Section 838.016, Florida Statutes, is amended
 1860  to read:
 1861         838.016 Unlawful compensation or reward for official
 1862  behavior.—
 1863         (1) It is unlawful for:
 1864         (a) Any person corruptly to knowingly and intentionally
 1865  give, offer, or promise to any public servant, or, if a public
 1866  servant, corruptly to request, solicit, accept, or agree to
 1867  accept, any pecuniary or other benefit not authorized by law,
 1868  for the past, present, or future performance, nonperformance, or
 1869  violation of any act or omission which the person believes to
 1870  have been, or the public servant represents as having been,
 1871  either within the official discretion of the public servant, in
 1872  violation of a public duty, or in performance of a public duty.
 1873         (b) Any public servant to knowingly and intentionally
 1874  request, solicit, accept, or agree to accept any pecuniary or
 1875  other benefit not authorized by law for the past, present, or
 1876  future performance, nonperformance, or violation of any act or
 1877  omission which the person believes to have been, or the public
 1878  servant represents as having been, either within the official
 1879  discretion of the public servant, in violation of a public duty,
 1880  or in performance of a public duty.
 1881         (c) Any public contractor to knowingly and intentionally
 1882  request, solicit, accept, or agree to accept any pecuniary or
 1883  other benefit not authorized by law for the past, present, or
 1884  future performance, nonperformance, or violation of any act or
 1885  omission which the person believes to have been, or the public
 1886  contractor represents as having been, either within the official
 1887  discretion of the public contractor as granted by the contract
 1888  with the governmental entity, in violation of a duty required by
 1889  the contract with the governmental entity, or in performance of
 1890  a duty required by the contract with the governmental entity.
 1891  
 1892  This subsection may not Nothing herein shall be construed to
 1893  preclude a public servant or public contractor from accepting
 1894  rewards for services performed in apprehending any criminal.
 1895         (2) It is unlawful for:
 1896         (a) Any person corruptly to knowingly and intentionally
 1897  give, offer, or promise to any public servant, or, if a public
 1898  servant, corruptly to request, solicit, accept, or agree to
 1899  accept, any pecuniary or other benefit not authorized by law for
 1900  the past, present, or future exertion of any influence upon or
 1901  with any other public servant regarding any act or omission
 1902  which the person believes to have been, or which is represented
 1903  to him or her as having been, either within the official
 1904  discretion of the other public servant, in violation of a public
 1905  duty, or in performance of a public duty.
 1906         (b) Any public servant to request, solicit, accept, or
 1907  agree to accept any pecuniary or other benefit not authorized by
 1908  law for the past, present, or future exertion of any influence
 1909  upon or with any other public servant regarding any act or
 1910  omission which the person believes to have been, or which is
 1911  represented to him or her as having been, either within the
 1912  official discretion of the public servant, in violation of a
 1913  public duty, or in performance of a public duty.
 1914         (c) Any public contractor to request, solicit, accept, or
 1915  agree to accept any pecuniary or other benefit not authorized by
 1916  law for the past, present, or future exertion of any influence
 1917  upon or with any other public contractor regarding any act or
 1918  omission which the person believes to have been, or which is
 1919  represented to him or her as having been, either within the
 1920  official discretion of the public contractor as granted by the
 1921  contract with the governmental entity, in violation of a duty
 1922  required by the contract with the governmental entity, or in
 1923  performance of a duty required by the contract with the
 1924  governmental entity.
 1925         (3) Prosecution under this section does shall not require
 1926  that the exercise of influence or official discretion, or
 1927  violation of a public duty or performance of a public duty, or a
 1928  public contractor’s violation of a duty required by a contract
 1929  with a governmental entity or performance of a duty required by
 1930  a contract with a governmental entity for which a pecuniary or
 1931  other benefit was given, offered, promised, requested, or
 1932  solicited was accomplished or was within the influence, official
 1933  discretion, or public duty, or contractual duty of the public
 1934  servant or public contractor whose action or omission was sought
 1935  to be rewarded or compensated.
 1936         (4) Whoever violates the provisions of this section commits
 1937  a felony of the second degree, punishable as provided in s.
 1938  775.082, s. 775.083, or s. 775.084.
 1939         Section 35. Section 838.022, Florida Statutes, is amended
 1940  to read:
 1941         838.022 Official misconduct.—
 1942         (1) It is unlawful for a public servant or a public
 1943  contractor, with corrupt intent to knowingly and intentionally
 1944  obtain a benefit for any person or to cause unlawful harm to
 1945  another, by to:
 1946         (a) Falsifying Falsify, or causing cause another person to
 1947  falsify, any official record or official document;
 1948         (b) Concealing, covering up, destroying, mutilating, or
 1949  altering Conceal, cover up, destroy, mutilate, or alter any
 1950  official record or official document except as authorized by law
 1951  or contract or causing cause another person to perform such an
 1952  act; or
 1953         (c) Obstructing, delaying, or preventing Obstruct, delay,
 1954  or prevent the communication of information relating to the
 1955  commission of a felony that directly involves or affects the
 1956  governmental public agency or public entity served by the public
 1957  servant or public contractor.
 1958         (2) For the purposes of this section:
 1959         (a) The term “public servant” does not include a candidate
 1960  who does not otherwise qualify as a public servant.
 1961         (b) An official record or official document includes only
 1962  public records.
 1963         (3) Any person who violates this section commits a felony
 1964  of the third degree, punishable as provided in s. 775.082, s.
 1965  775.083, or s. 775.084.
 1966         Section 36. Section 838.22, Florida Statutes, is amended to
 1967  read:
 1968         838.22 Unlawful influence of the competitive solicitation
 1969  process Bid tampering.—
 1970         (1) It is unlawful for a public servant or a public
 1971  contractor who has contracted with a governmental entity to
 1972  assist in a competitive procurement, with corrupt intent to
 1973  knowingly and intentionally influence or attempt to influence a
 1974  the competitive solicitation bidding process undertaken by any
 1975  governmental state, county, municipal, or special district
 1976  agency, or any other public entity, for the procurement of
 1977  commodities or services, by to:
 1978         (a) Disclosing, except as authorized by law, Disclose
 1979  material information concerning a vendor’s response, any
 1980  evaluation results, bid or other aspects of the competitive
 1981  solicitation bidding process when such information is not
 1982  publicly disclosed.
 1983         (b) Altering or amending Alter or amend a submitted
 1984  response bid, documents or other materials supporting a
 1985  submitted response bid, or any evaluation bid results relating
 1986  to the competitive solicitation for the purpose of intentionally
 1987  providing a competitive advantage to any person who submits a
 1988  response bid.
 1989         (2) It is unlawful for a public servant or a public
 1990  contractor who has contracted with a governmental entity to
 1991  assist in a competitive procurement, with corrupt intent to
 1992  knowingly and intentionally obtain a benefit for any person or
 1993  to cause unlawful harm to another by circumventing, to
 1994  circumvent a competitive solicitation bidding process required
 1995  by law or rule through the use of by using a sole-source
 1996  contract for commodities or services.
 1997         (3) It is unlawful for any person to knowingly agree,
 1998  conspire, combine, or confederate, directly or indirectly, with
 1999  a public servant or a public contractor to violate subsection
 2000  (1) or subsection (2).
 2001         (4) It is unlawful for any person to knowingly enter into a
 2002  contract for commodities or services which was secured by a
 2003  public servant or a public contractor acting in violation of
 2004  subsection (1) or subsection (2).
 2005         (5) Any person who violates this section commits a felony
 2006  of the second degree, punishable as provided in s. 775.082, s.
 2007  775.083, or s. 775.084.
 2008         Section 37. Paragraph (l) of subsection (12) of section
 2009  1001.42, Florida Statutes, is amended to read:
 2010         1001.42 Powers and duties of district school board.—The
 2011  district school board, acting as a board, shall exercise all
 2012  powers and perform all duties listed below:
 2013         (12) FINANCE.—Take steps to assure students adequate
 2014  educational facilities through the financial procedure
 2015  authorized in chapters 1010 and 1011 and as prescribed below:
 2016         (l) Internal auditor.—May employ an internal auditor to
 2017  perform ongoing financial verification of the financial records
 2018  of the school district and such other audits and reviews as the
 2019  district school board directs for the purpose of determining:
 2020         1. The adequacy of internal controls designed to prevent
 2021  and detect fraud, waste, and abuse.
 2022         2. Compliance with applicable laws, rules, contracts, grant
 2023  agreements, district school board-approved policies, and best
 2024  practices.
 2025         3. The efficiency of operations.
 2026         4. The reliability of financial records and reports.
 2027         5. The safeguarding of assets.
 2028  
 2029  The internal auditor shall report directly to the district
 2030  school board or its designee.
 2031         Section 38. Paragraph (j) of subsection (9) of section
 2032  1002.33, Florida Statutes, is amended to read:
 2033         1002.33 Charter schools.—
 2034         (9) CHARTER SCHOOL REQUIREMENTS.—
 2035         (j) The governing body of the charter school shall be
 2036  responsible for:
 2037         1. Establishing and maintaining internal controls designed
 2038  to:
 2039         a. Prevent and detect fraud, waste, and abuse.
 2040         b. Promote and encourage compliance with applicable laws,
 2041  rules, contracts, grant agreements, and best practices.
 2042         c. Support economical and efficient operations.
 2043         d. Ensure reliability of financial records and reports.
 2044         e. Safeguard assets.
 2045         2.1. Ensuring that the charter school has retained the
 2046  services of a certified public accountant or auditor for the
 2047  annual financial audit, pursuant to s. 1002.345(2), who shall
 2048  submit the report to the governing body.
 2049         3.2. Reviewing and approving the audit report, including
 2050  audit findings and recommendations for the financial recovery
 2051  plan.
 2052         4.a.3.a. Performing the duties in s. 1002.345, including
 2053  monitoring a corrective action plan.
 2054         b. Monitoring a financial recovery plan in order to ensure
 2055  compliance.
 2056         5.4. Participating in governance training approved by the
 2057  department which must include government in the sunshine,
 2058  conflicts of interest, ethics, and financial responsibility.
 2059         Section 39. Present subsections (6) through (10) of section
 2060  1002.37, Florida Statutes, are redesignated as subsections (7)
 2061  through (11), respectively, a new subsection (6) is added to
 2062  that section, and present subsections (6) and (11) of that
 2063  section are amended, to read:
 2064         1002.37 The Florida Virtual School.—
 2065         (6) The Florida Virtual School shall have an annual
 2066  financial audit of its accounts and records conducted by an
 2067  independent auditor who is a certified public accountant
 2068  licensed under chapter 473. The independent auditor shall
 2069  conduct the audit in accordance with rules adopted by the
 2070  Auditor General pursuant to s. 11.45 and, upon completion of the
 2071  audit, shall prepare an audit report in accordance with such
 2072  rules. The audit report must include a written statement of the
 2073  board of trustees describing corrective action to be taken in
 2074  response to each of the recommendations of the independent
 2075  auditor included in the audit report. The independent auditor
 2076  shall submit the audit report to the board of trustees and the
 2077  Auditor General no later than 9 months after the end of the
 2078  preceding fiscal year.
 2079         (7)(6) The board of trustees shall annually submit to the
 2080  Governor, the Legislature, the Commissioner of Education, and
 2081  the State Board of Education the audit report prepared pursuant
 2082  to subsection (6) and a complete and detailed report setting
 2083  forth:
 2084         (a) The operations and accomplishments of the Florida
 2085  Virtual School within the state and those occurring outside the
 2086  state as Florida Virtual School Global.
 2087         (b) The marketing and operational plan for the Florida
 2088  Virtual School and Florida Virtual School Global, including
 2089  recommendations regarding methods for improving the delivery of
 2090  education through the Internet and other distance learning
 2091  technology.
 2092         (c) The assets and liabilities of the Florida Virtual
 2093  School and Florida Virtual School Global at the end of the
 2094  fiscal year.
 2095         (d) A copy of an annual financial audit of the accounts and
 2096  records of the Florida Virtual School and Florida Virtual School
 2097  Global, conducted by an independent certified public accountant
 2098  and performed in accordance with rules adopted by the Auditor
 2099  General.
 2100         (e) Recommendations regarding the unit cost of providing
 2101  services to students through the Florida Virtual School and
 2102  Florida Virtual School Global. In order to most effectively
 2103  develop public policy regarding any future funding of the
 2104  Florida Virtual School, it is imperative that the cost of the
 2105  program is accurately identified. The identified cost of the
 2106  program must be based on reliable data.
 2107         (e)(f) Recommendations regarding an accountability
 2108  mechanism to assess the effectiveness of the services provided
 2109  by the Florida Virtual School and Florida Virtual School Global.
 2110         (11) The Auditor General shall conduct an operational audit
 2111  of the Florida Virtual School, including Florida Virtual School
 2112  Global. The scope of the audit shall include, but not be limited
 2113  to, the administration of responsibilities relating to
 2114  personnel; procurement and contracting; revenue production;
 2115  school funds, including internal funds; student enrollment
 2116  records; franchise agreements; information technology
 2117  utilization, assets, and security; performance measures and
 2118  standards; and accountability. The final report on the audit
 2119  shall be submitted to the President of the Senate and the
 2120  Speaker of the House of Representatives no later than January
 2121  31, 2014.
 2122         Section 40. Subsection (5) is added to section 1010.01,
 2123  Florida Statutes, to read:
 2124         1010.01 Uniform records and accounts.—
 2125         (5) Each school district, Florida College System
 2126  institution, and state university shall establish and maintain
 2127  internal controls designed to:
 2128         (a) Prevent and detect fraud, waste, and abuse.
 2129         (b) Promote and encourage compliance with applicable laws,
 2130  rules, contracts, grant agreements, and best practices.
 2131         (c) Support economical and efficient operations.
 2132         (d) Ensure reliability of financial records and reports.
 2133         (e) Safeguard assets.
 2134         Section 41. Subsection (2) of section 1010.30, Florida
 2135  Statutes, is amended to read:
 2136         1010.30 Audits required.—
 2137         (2) If a school district, Florida College System
 2138  institution, or university audit report includes a
 2139  recommendation that was included in the preceding financial
 2140  audit report but remains unaddressed, an audit contains a
 2141  significant finding, the district school board, the Florida
 2142  College System institution board of trustees, or the university
 2143  board of trustees, within 60 days after the delivery of the
 2144  audit report to the school district, Florida College System
 2145  institution, or university, shall indicate conduct an audit
 2146  overview during a regularly scheduled public meeting whether it
 2147  intends to take corrective action, the intended corrective
 2148  action, and the timeframe for the corrective action. If the
 2149  district school board, Florida College System institution board
 2150  of trustees, or university board of trustees indicates that it
 2151  does not intend to take corrective action, it shall explain its
 2152  decision at the public meeting.
 2153         Section 42. Subsection (4) of section 11.0455, Florida
 2154  Statutes, is amended to read:
 2155         11.0455 Electronic filing of compensation reports and other
 2156  information.—
 2157         (4) Each report filed pursuant to this section is deemed to
 2158  meet the certification requirements of s. 11.045(3)(a)4., and as
 2159  such subjects the person responsible for filing and the lobbying
 2160  firm to the provisions of s. 11.045(8) and (9) s. 11.045(7) and
 2161  (8). Persons given a secure sign-on to the electronic filing
 2162  system are responsible for protecting it from disclosure and are
 2163  responsible for all filings using such credentials, unless they
 2164  have notified the office that their credentials have been
 2165  compromised.
 2166         Section 43. Subsection (2) of section 68.082, Florida
 2167  Statutes, is amended to read:
 2168         68.082 False claims against the state; definitions;
 2169  liability.—
 2170         (2) Any person who:
 2171         (a) Knowingly presents or causes to be presented a false or
 2172  fraudulent claim for payment or approval;
 2173         (b) Knowingly authorizes, approves, or receives payment of
 2174  prohibited compensation in violation of s. 215.425;
 2175         (c)(b) Knowingly makes, uses, or causes to be made or used
 2176  a false record or statement material to a false or fraudulent
 2177  claim;
 2178         (d)(c) Conspires to commit a violation of this subsection;
 2179         (e)(d) Has possession, custody, or control of property or
 2180  money used or to be used by the state and knowingly delivers or
 2181  causes to be delivered less than all of that money or property;
 2182         (f)(e) Is authorized to make or deliver a document
 2183  certifying receipt of property used or to be used by the state
 2184  and, intending to defraud the state, makes or delivers the
 2185  receipt without knowing that the information on the receipt is
 2186  true;
 2187         (g)(f) Knowingly buys or receives, as a pledge of an
 2188  obligation or a debt, public property from an officer or
 2189  employee of the state who may not sell or pledge the property;
 2190  or
 2191         (h)(g) Knowingly makes, uses, or causes to be made or used
 2192  a false record or statement material to an obligation to pay or
 2193  transmit money or property to the state, or knowingly conceals
 2194  or knowingly and improperly avoids or decreases an obligation to
 2195  pay or transmit money or property to the state
 2196  
 2197  is liable to the state for a civil penalty of not less than
 2198  $5,500 and not more than $11,000 and for treble the amount of
 2199  damages the state sustains because of the act of that person.
 2200         Section 44. Subsection (1) of section 68.083, Florida
 2201  Statutes, is amended to read:
 2202         68.083 Civil actions for false claims.—
 2203         (1) The department may diligently investigate a violation
 2204  under s. 68.082. If the department finds that a person has
 2205  violated or is violating s. 68.082, the department may bring a
 2206  civil action under the Florida False Claims Act against the
 2207  person. The Department of Financial Services may bring a civil
 2208  action under this section if the action arises from an
 2209  investigation by that department and the Department of Legal
 2210  Affairs has not filed an action under this act. For a violation
 2211  of s. 68.082 regarding prohibited compensation paid from state
 2212  funds, the Department of Financial Services may bring a civil
 2213  action under this section if the action arises from an
 2214  investigation by that department concerning a violation of s.
 2215  215.425 by the state and the Department of Legal Affairs has not
 2216  filed an action under this act.
 2217         Section 45. Subsection (5) of section 99.061, Florida
 2218  Statutes, is amended to read:
 2219         99.061 Method of qualifying for nomination or election to
 2220  federal, state, county, or district office.—
 2221         (5) At the time of qualifying for office, each candidate
 2222  for a constitutional office or an elected municipal office shall
 2223  file a full and public disclosure of financial interests
 2224  pursuant to s. 8, Art. II of the State Constitution, which must
 2225  be verified under oath or affirmation pursuant to s.
 2226  92.525(1)(a), and a candidate for any other office, including
 2227  local elective office, shall file a statement of financial
 2228  interests pursuant to s. 112.3145.
 2229         Section 46. Subsection (3) of section 218.503, Florida
 2230  Statutes, is amended to read:
 2231         218.503 Determination of financial emergency.—
 2232         (3) Upon notification that one or more of the conditions in
 2233  subsection (1) have occurred or will occur if action is not
 2234  taken to assist the local governmental entity or district school
 2235  board, the Governor or his or her designee shall contact the
 2236  local governmental entity or the Commissioner of Education or
 2237  his or her designee shall contact the district school board, as
 2238  appropriate, to determine what actions have been taken by the
 2239  local governmental entity or the district school board to
 2240  resolve or prevent the condition. The information requested must
 2241  be provided within 45 days after the date of the request. If the
 2242  local governmental entity or the district school board does not
 2243  comply with the request, the Governor or his or her designee or
 2244  the Commissioner of Education or his or her designee shall
 2245  notify the members of the Legislative Auditing Committee, which
 2246  who may take action pursuant to s. 11.40(2) s. 11.40. The
 2247  Governor or the Commissioner of Education, as appropriate, shall
 2248  determine whether the local governmental entity or the district
 2249  school board needs state assistance to resolve or prevent the
 2250  condition. If state assistance is needed, the local governmental
 2251  entity or district school board is considered to be in a state
 2252  of financial emergency. The Governor or the Commissioner of
 2253  Education, as appropriate, has the authority to implement
 2254  measures as set forth in ss. 218.50-218.504 to assist the local
 2255  governmental entity or district school board in resolving the
 2256  financial emergency. Such measures may include, but are not
 2257  limited to:
 2258         (a) Requiring approval of the local governmental entity’s
 2259  budget by the Governor or approval of the district school
 2260  board’s budget by the Commissioner of Education.
 2261         (b) Authorizing a state loan to a local governmental entity
 2262  and providing for repayment of same.
 2263         (c) Prohibiting a local governmental entity or district
 2264  school board from issuing bonds, notes, certificates of
 2265  indebtedness, or any other form of debt until such time as it is
 2266  no longer subject to this section.
 2267         (d) Making such inspections and reviews of records,
 2268  information, reports, and assets of the local governmental
 2269  entity or district school board as are needed. The appropriate
 2270  local officials shall cooperate in such inspections and reviews.
 2271         (e) Consulting with officials and auditors of the local
 2272  governmental entity or the district school board and the
 2273  appropriate state officials regarding any steps necessary to
 2274  bring the books of account, accounting systems, financial
 2275  procedures, and reports into compliance with state requirements.
 2276         (f) Providing technical assistance to the local
 2277  governmental entity or the district school board.
 2278         (g)1. Establishing a financial emergency board to oversee
 2279  the activities of the local governmental entity or the district
 2280  school board. If a financial emergency board is established for
 2281  a local governmental entity, the Governor shall appoint board
 2282  members and select a chair. If a financial emergency board is
 2283  established for a district school board, the State Board of
 2284  Education shall appoint board members and select a chair. The
 2285  financial emergency board shall adopt such rules as are
 2286  necessary for conducting board business. The board may:
 2287         a. Make such reviews of records, reports, and assets of the
 2288  local governmental entity or the district school board as are
 2289  needed.
 2290         b. Consult with officials and auditors of the local
 2291  governmental entity or the district school board and the
 2292  appropriate state officials regarding any steps necessary to
 2293  bring the books of account, accounting systems, financial
 2294  procedures, and reports of the local governmental entity or the
 2295  district school board into compliance with state requirements.
 2296         c. Review the operations, management, efficiency,
 2297  productivity, and financing of functions and operations of the
 2298  local governmental entity or the district school board.
 2299         d. Consult with other governmental entities for the
 2300  consolidation of all administrative direction and support
 2301  services, including, but not limited to, services for asset
 2302  sales, economic and community development, building inspections,
 2303  parks and recreation, facilities management, engineering and
 2304  construction, insurance coverage, risk management, planning and
 2305  zoning, information systems, fleet management, and purchasing.
 2306         2. The recommendations and reports made by the financial
 2307  emergency board must be submitted to the Governor for local
 2308  governmental entities or to the Commissioner of Education and
 2309  the State Board of Education for district school boards for
 2310  appropriate action.
 2311         (h) Requiring and approving a plan, to be prepared by
 2312  officials of the local governmental entity or the district
 2313  school board in consultation with the appropriate state
 2314  officials, prescribing actions that will cause the local
 2315  governmental entity or district school board to no longer be
 2316  subject to this section. The plan must include, but need not be
 2317  limited to:
 2318         1. Provision for payment in full of obligations outlined in
 2319  subsection (1), designated as priority items, which are
 2320  currently due or will come due.
 2321         2. Establishment of priority budgeting or zero-based
 2322  budgeting in order to eliminate items that are not affordable.
 2323         3. The prohibition of a level of operations which can be
 2324  sustained only with nonrecurring revenues.
 2325         4. Provisions implementing the consolidation, sourcing, or
 2326  discontinuance of all administrative direction and support
 2327  services, including, but not limited to, services for asset
 2328  sales, economic and community development, building inspections,
 2329  parks and recreation, facilities management, engineering and
 2330  construction, insurance coverage, risk management, planning and
 2331  zoning, information systems, fleet management, and purchasing.
 2332         Section 47. Paragraph (g) of subsection (3) of section
 2333  921.0022, Florida Statutes, is amended to read:
 2334         921.0022 Criminal Punishment Code; offense severity ranking
 2335  chart.—
 2336         (3) OFFENSE SEVERITY RANKING CHART
 2337         (g) LEVEL 7
 2338  
 2339  FloridaStatute           FelonyDegree         Description         
 2340  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 2341  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2342  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 2343  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2344  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2345  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2346  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2347  456.065(2)                    3rd     Practicing a health care profession without a license.
 2348  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2349  458.327(1)                    3rd     Practicing medicine without a license.
 2350  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2351  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2352  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2353  462.17                        3rd     Practicing naturopathy without a license.
 2354  463.015(1)                    3rd     Practicing optometry without a license.
 2355  464.016(1)                    3rd     Practicing nursing without a license.
 2356  465.015(2)                    3rd     Practicing pharmacy without a license.
 2357  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2358  467.201                       3rd     Practicing midwifery without a license.
 2359  468.366                       3rd     Delivering respiratory care services without a license.
 2360  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2361  483.901(9)                    3rd     Practicing medical physics without a license.
 2362  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2363  484.053                       3rd     Dispensing hearing aids without a license.
 2364  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 2365  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 2366  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2367  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2368  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2369  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2370  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2371  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2372  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2373  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2374  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2375  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2376  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2377  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2378  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2379  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2380  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2381  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2382  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2383  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2384  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2385  784.083(1)                    1st     Aggravated battery on code inspector.
 2386  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 2387  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 2388  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2389  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2390  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2391  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2392  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2393  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2394  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2395  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 2396  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 2397  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 2398  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2399  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 2400  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 2401  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2402  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2403  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2404  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2405  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2406  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 2407  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2408  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2409  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2410  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2411  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2412  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2413  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2414  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2415  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2416  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2417  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2418  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 2419  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2420  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2421  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 2422  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2423  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2424  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2425  838.015                       2nd     Bribery.                    
 2426  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2427  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2428  838.22                        2nd     Unlawful influence of the competitive solicitation process Bid tampering.
 2429  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2430  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2431  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2432  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2433  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2434  872.06                        2nd     Abuse of a dead human body. 
 2435  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2436  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2437  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 2438  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
 2439  893.13(4)(a)                  1st     Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
 2440  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2441  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2442  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2443  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2444  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2445  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2446  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2447  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2448  893.135(1)(e)1.               1st     Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2449  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2450  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2451  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2452  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2453  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2454  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2455  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2456  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2457  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2458  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2459  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2460  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2461  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2462  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2463  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2464  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2465  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2466  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2467  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2468  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2469         Section 48. Subsection (2) of section 1002.455, Florida
 2470  Statutes, is amended to read:
 2471         1002.455 Student eligibility for K-12 virtual instruction.—
 2472         (2) A student is eligible to participate in virtual
 2473  instruction if:
 2474         (a) The student spent the prior school year in attendance
 2475  at a public school in the state and was enrolled and reported by
 2476  the school district for funding during October and February for
 2477  purposes of the Florida Education Finance Program surveys;
 2478         (b) The student is a dependent child of a member of the
 2479  United States Armed Forces who was transferred within the last
 2480  12 months to this state from another state or from a foreign
 2481  country pursuant to a permanent change of station order;
 2482         (c) The student was enrolled during the prior school year
 2483  in a virtual instruction program under s. 1002.45 or a full-time
 2484  Florida Virtual School program under s. 1002.37(9)(a) s.
 2485  1002.37(8)(a);
 2486         (d) The student has a sibling who is currently enrolled in
 2487  a virtual instruction program and the sibling was enrolled in
 2488  that program at the end of the prior school year;
 2489         (e) The student is eligible to enter kindergarten or first
 2490  grade; or
 2491         (f) The student is eligible to enter grades 2 through 5 and
 2492  is enrolled full-time in a school district virtual instruction
 2493  program, virtual charter school, or the Florida Virtual School.
 2494         Section 49. For the purpose of incorporating the amendment
 2495  made by this act to section 838.014, Florida Statutes, in a
 2496  reference thereto, subsection (11) of section 817.568, Florida
 2497  Statutes, is reenacted to read:
 2498         817.568 Criminal use of personal identification
 2499  information.—
 2500         (11) A person who willfully and without authorization
 2501  fraudulently uses personal identification information concerning
 2502  an individual who is 60 years of age or older; a disabled adult
 2503  as defined in s. 825.101; a public servant as defined in s.
 2504  838.014; a veteran as defined in s. 1.01; a first responder as
 2505  defined in s. 125.01045; an individual who is employed by the
 2506  State of Florida; or an individual who is employed by the
 2507  Federal Government without first obtaining the consent of that
 2508  individual commits a felony of the second degree, punishable as
 2509  provided in s. 775.082, s. 775.083, or s. 775.084.
 2510         Section 50. The Legislature finds that a proper and
 2511  legitimate state purpose is served when internal controls are
 2512  established to prevent and detect fraud, waste, and abuse and to
 2513  safeguard and account for government funds and property.
 2514  Therefore, the Legislature determines and declares that this act
 2515  fulfills an important state interest.
 2516         Section 51. This act shall take effect October 1, 2016.