January 24, 2020
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Senate Bill 0708

Senate Bill sb0708e1

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    CS for CS for CS for SB 708                    First Engrossed



  1                      A bill to be entitled

  2         An act relating to local government

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

  4         revising duties of the Legislative Auditing

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

  6         requirements for a petition for a municipal

  7         audit; revising reporting requirements of the

  8         Auditor General; providing for technical advice

  9         by the Auditor General; amending s. 11.51,

10         F.S.; conforming provisions to changes made by

11         the act; amending s. 61.181, F.S.; correcting a

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

13         deleting a requirement for an independent

14         special district to submit a copy of a

15         complaint to the Division of Bond Finance of

16         the State Board of Administration; amending s.

17         112.08, F.S.; clarifying that local governments

18         are authorized to provide health insurance;

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

20         definition of "governmental entity" to include

21         counties and district school boards; amending

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

23         material information to be provided to the

24         Department of Management Services in actuarial

25         reports with regard to retirement systems and

26         plans and providing procedures therefor;

27         providing for notification of the Department of

28         Revenue and the Department of Financial

29         Services in cases of noncompliance and

30         authorizing the withholding of certain funds;

31         requiring the Department of Management Services


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    CS for CS for CS for SB 708                    First Engrossed



 1         to notify the Department of Community Affairs

 2         in the case of affected special districts;

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

 4         governing notice of bids and disposition of

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

 6         provisions relating to the authorization to

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

 8         revising provisions relating to the notice of

 9         sale, bids, and awards and private sale of

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

11         provisions governing the Small County Technical

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

13         revising provisions governing the issuance of

14         bonds by a municipality; amending s. 166.241,

15         F.S.; providing a municipal budget amendment

16         process and requirements; amending ss. 175.261

17         and 185.221, F.S.; conforming provisions to

18         changes made by the act; amending s. 189.4044,

19         F.S.; revising special procedures for

20         determination of inactive special districts;

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

22         the Special District Information Program of the

23         Department of Community Affairs; amending s.

24         189.418, F.S.; revising reporting requirements

25         of newly created special districts; authorizing

26         the governing body of a special district to

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

28         revising provisions relating to the failure of

29         special districts to file required reports;

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

31         governing the failure of special districts to


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    CS for CS for CS for SB 708                    First Engrossed



 1         disclose financial reports; providing for

 2         extension of time for the filing of the

 3         reports; providing remedies for noncompliance;

 4         providing for attorney's fees and costs;

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

 6         governing the special district oversight review

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

 8         provisions governing the issuance of bonds by

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

10         exempting a candidate from campaign

11         requirements under specified conditions;

12         providing for the removal of a board member

13         upon becoming unqualified; amending s. 218.075,

14         F.S.; revising provisions governing the

15         reduction or waiver of permit processing fees

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

17         relating to annual financial reports; requiring

18         the Department of Financial Services to notify

19         the Speaker of the House of Representatives and

20         the President of the Senate of any municipality

21         that has not had financial activity for a

22         specified period of time; providing that such

23         notice is sufficient to initiate dissolution

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

25         relating to annual financial statements of

26         local governmental entities; amending s.

27         218.39, F.S.; providing reporting requirements

28         for certain special districts; amending s.

29         218.36, F.S.; revising reporting requirements

30         for boards of county commissioners relating to

31         the failure of a county officer to comply with


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    CS for CS for CS for SB 708                    First Engrossed



 1         the provisions of the section; amending s.

 2         218.369, F.S.; revising the definition of "unit

 3         of local government" to include district school

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

 5         "Local Governmental Entity and District School

 6         Board Financial Emergencies"; amending s.

 7         218.50, F.S.; renaming ss. 218.50-218.504,

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

 9         District School Board Act"; amending s.

10         218.501, F.S.; revising the stated purposes of

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

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

13         governmental entity"; amending s. 218.503,

14         F.S.; revising provisions governing the

15         determination of a financial emergency for

16         local governments and district school boards;

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

18         relating to the authority of the Governor and

19         authorizing the Commissioner of Education to

20         terminate all state actions pursuant to ss.

21         218.50-218.504, F.S.; repealing ch. 131, F.S.,

22         consisting of ss. 131.01, 131.02, 131.03,

23         131.04, 131.05, and 131.06, F.S., relating to

24         refunding bonds of counties, municipalities,

25         and special districts; repealing s. 132.10,

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

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

28         dissolution procedures for municipalities;

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

30         determination of financial emergencies of

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


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    CS for CS for CS for SB 708                    First Engrossed



 1         relating to actions of the Department of

 2         Community Affairs and special districts;

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

 4         annual compliance report of the Department of

 5         Community Affairs regarding special districts;

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

 7         the requirement that the Division of Bond

 8         Finance use a served copy of the complaint for

 9         bond validation to verify compliance by special

10         districts with the requirements in s. 218.38,

11         F.S.; amending s. 215.195, F.S., relating to

12         the Statewide Cost Allocation Plan; providing

13         that the Department of Financial Services is

14         responsible for the plan's preparation and the

15         monitoring of agency compliance; amending s.

16         1010.47, F.S.; providing that school districts

17         must sell bonds; deleting obsolete provisions

18         relating to the sale of bonds by a school

19         district; amending s. 288.9610, F.S.;

20         correcting a cross-reference; authorizing a

21         pilot program to be established by a rural

22         health network in Monroe County; providing for

23         approval by the Office of Insurance Regulation

24         of the Financial Services Commission; requiring

25         a report by a specified date; repealing s.

26         373.556, F.S., relating to the investment of

27         funds by the governing board of a water

28         management district; providing an effective

29         date.

30  

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


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    CS for CS for CS for SB 708                    First Engrossed



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

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

 3         11.40  Legislative Auditing Committee.--

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

 5  Department of Financial Services, or the Division of Bond

 6  Finance of the State Board of Administration of the failure of

 7  a local governmental entity, district school board, charter

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

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

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

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

12  determine if the entity should be subject to further state

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

14  subject to further state action, the committee shall:

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

16  district school board, direct request the Department of

17  Revenue and the Department of Financial Services to withhold

18  any funds not pledged for bond debt service satisfaction which

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

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

21  such action shall begin, and the directive request must be

22  received by the Department of Revenue and the Department of

23  Financial Services 30 days before the date of the distribution

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

25  of Financial Services may implement the provisions of this

26  paragraph.

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

28  Department of Community Affairs that the special district has

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

30  the Department of Community Affairs shall proceed pursuant to

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


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    CS for CS for CS for SB 708                    First Engrossed



 1         Section 2.  Paragraph (g) of subsection (2),

 2  subsections (3) and (5), paragraph (e) of subsection (7), and

 3  subsections (8) and (9) of section 11.45, Florida Statutes,

 4  are amended to read:

 5         11.45  Definitions; duties; authorities; reports;

 6  rules.--

 7         (2)  DUTIES.--The Auditor General shall:

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

 9  audit of the local government financial reporting system,

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

11  provisions related to local government financial reporting.

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

13  efficiency, and effectiveness of the reporting system in

14  achieving its goals and to make recommendations to the local

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

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

17  reduced. The Auditor General shall determine the scope of such

18  audits. The local government financial reporting system should

19  provide for the timely, accurate, uniform, and cost-effective

20  accumulation of financial and other information that can be

21  used by the members of the Legislature and other appropriate

22  officials to accomplish the following goals:

23         1.  Enhance citizen participation in local government;

24         2.  Improve the financial condition of local

25  governments;

26         3.  Provide essential government services in an

27  efficient and effective manner; and

28         4.  Improve decisionmaking on the part of the

29  Legislature, state agencies, and local government officials on

30  matters relating to local government.

31  


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    CS for CS for CS for SB 708                    First Engrossed



 1  The Auditor General shall perform his or her duties

 2  independently but under the general policies established by

 3  the Legislative Auditing Committee. This subsection does not

 4  limit the Auditor General's discretionary authority to conduct

 5  other audits or engagements of governmental entities as

 6  authorized in subsection (3).

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

 8         (a)  The Auditor General may, pursuant to his or her

 9  own authority, or at the direction of the Legislative Auditing

10  Committee, conduct audits or other engagements as determined

11  appropriate by the Auditor General of:

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

13  entity created or established by law.

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

15  functions, or systems of any governmental entity created or

16  established by law.

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

18  created or established by law.

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

20  organization or citizen support organization created or

21  established by law. The Auditor General is authorized to

22  require and receive any records from the direct-support

23  organization or citizen support organization, or from its

24  independent auditor.

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

26  appropriation made by the Legislature General Appropriations

27  Act to a nongovernmental agency, corporation, or person. All

28  records of a nongovernmental agency, corporation, or person

29  with respect to the receipt and expenditure of such an

30  appropriation shall be public records and shall be treated in

31  the same manner as other public records are under general law.


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    CS for CS for CS for SB 708                    First Engrossed



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

 2  nonstate entity as defined by s. 215.97.

 3         (g)7.  The Tobacco Settlement Financing Corporation

 4  created pursuant to s. 215.56005.

 5         8.  The Florida Virtual School created pursuant to s.

 6  1002.37.

 7         (h)9.  Any purchases of federal surplus lands for use

 8  as sites for correctional facilities as described in s.

 9  253.037.

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

11  boards, advisory committees, or similar groups created by

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

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

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

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

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

17  all information identifying such donor or prospective donor

18  are confidential and exempt from the provisions of s.

19  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

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

21         (j)11.  The Florida Development Finance Corporation or

22  the capital development board or the programs or entities

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

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

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

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

27  anonymous and all information identifying such donor or

28  prospective donor are confidential and exempt from the

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

30  Constitution. Such anonymity shall be maintained in the

31  auditor's report.


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    CS for CS for CS for SB 708                    First Engrossed



 1         (k)12.  The records pertaining to the use of funds from

 2  voluntary contributions on a motor vehicle registration

 3  application or on a driver's license application authorized

 4  pursuant to ss. 320.023 and 322.081.

 5         (l)13.  The records pertaining to the use of funds from

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

 7         (m)14.  The transportation corporations under contract

 8  with the Department of Transportation that are acting on

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

10  urgently needed transportation systems and to assist in the

11  planning and design of such systems pursuant to ss.

12  339.401-339.421.

13         (n)15.  The acquisitions and divestitures related to

14  the Florida Communities Trust Program created pursuant to

15  chapter 380.

16         (o)16.  The Florida Water Pollution Control Financing

17  Corporation created pursuant to s. 403.1837.

18         (p)17.  The Florida Partnership for School Readiness

19  created pursuant to s. 411.01.

20         (q)18.  The Florida Special Disability Trust Fund

21  Financing Corporation created pursuant to s. 440.49.

22         (r)19.  Workforce Florida, Inc., or the programs or

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

24  to s. 445.004.

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

26  under contract with the Department of Business and

27  Professional Regulation to provide administrative,

28  investigative, examination, licensing, and prosecutorial

29  support services in accordance with the provisions of s.

30  455.32 and the practice act of the relevant profession.

31  


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    CS for CS for CS for SB 708                    First Engrossed



 1         (t)21.  The Florida Engineers Management Corporation

 2  created pursuant to chapter 471.

 3         (u)22.  The Investment Fraud Restoration Financing

 4  Corporation created pursuant to chapter 517.

 5         (v)23.  The books and records of any permitholder that

 6  conducts race meetings or jai alai exhibitions under chapter

 7  550.

 8         (w)24.  The corporation defined in part II of chapter

 9  946, known as the Prison Rehabilitative Industries and

10  Diversified Enterprises, Inc., or PRIDE Enterprises.

11         (x)  The Florida Virtual School pursuant to s. 1002.37.

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

13         1.  Promote the building of competent and efficient

14  accounting and internal audit organizations in the offices

15  administered by governmental entities.

16         2.  Provide consultation services to governmental

17  entities on their financial and accounting systems,

18  procedures, and related matters.

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

20         (a)  The Legislative Auditing Committee shall direct

21  the Auditor General to make an a financial audit of any

22  municipality whenever petitioned to do so by at least 20

23  percent of the registered electors in the last general

24  election of that municipality pursuant to this subsection. The

25  supervisor of elections of the county in which the

26  municipality is located shall certify whether or not the

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

28  registered electors of the municipality. After the completion

29  of the audit, the Auditor General shall determine whether the

30  municipality has the fiscal resources necessary to pay the

31  cost of the audit. The municipality shall pay the cost of the


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    CS for CS for CS for SB 708                    First Engrossed



 1  audit within 90 days after the Auditor General's determination

 2  that the municipality has the available resources. If the

 3  municipality fails to pay the cost of the audit, the

 4  Department of Revenue shall, upon certification of the Auditor

 5  General, withhold from that portion of the distribution

 6  pursuant to s. 212.20(6)(d)6. which is distributable to such

 7  municipality, a sum sufficient to pay the cost of the audit

 8  and shall deposit that sum into the General Revenue Fund of

 9  the state.

10         (b)  At least one registered elector in the most recent

11  general election must file a letter of intent with the

12  municipal clerk prior to any petition of the electors of that

13  municipality for the purpose of an audit. Each petition must

14  be submitted to the supervisor of elections and contain, at a

15  minimum:

16         1.  The elector's printed name;

17         2.  The signature of the elector;

18         3.  The elector's residence address;

19         4.  The elector's date of birth; and

20         5.  The date signed.

21  

22  All petitions must be submitted for verification within 1

23  calendar year after the audit petition origination by the

24  municipal electors.

25         (7)  AUDITOR GENERAL REPORTING REQUIREMENTS.--

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

27  the Commissioner of Education, as appropriate, and the

28  Legislative Auditing Committee of any audit report reviewed by

29  the Auditor General pursuant to paragraph (b) which contains a

30  statement that a the local governmental entity or district

31  school board has met one or more of the conditions specified


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    CS for CS for CS for SB 708                    First Engrossed



 1  is in a state of financial emergency as provided in s.

 2  218.503. If the Auditor General requests a clarification

 3  regarding information included in an audit report to determine

 4  whether a local governmental entity or district school board

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

 6  is in a state of financial emergency, the requested

 7  clarification must be provided within 45 days after the date

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

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

10  request, the Auditor General shall notify the Legislative

11  Auditing Committee. If, after obtaining the requested

12  clarification, the Auditor General determines that the local

13  governmental entity or district school board has met one or

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

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

16  the Commissioner of Education, as appropriate, and the

17  Legislative Auditing Committee.

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

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

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

21  performed by independent certified public accountants pursuant

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

23  rules for audits of local governmental entities and district

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

25  requirements for the reporting of information necessary to

26  carry out the purposes of the Local Governmental Entity and

27  District School Board Government Financial Emergencies Act as

28  stated in s. 218.501.

29         (9)  TECHNICAL ADVICE OTHER GUIDANCE PROVIDED BY THE

30  AUDITOR GENERAL.--The Auditor General may provide technical

31  advice to:, in consultation with


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    CS for CS for CS for SB 708                    First Engrossed



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

 2  shall develop a compliance supplement for the financial audit

 3  of a district school board conducted by an independent

 4  certified public accountant.

 5         (b)  Governmental entities on their financial and

 6  accounting systems, procedures, and related matters.

 7         (c)  Governmental entities on promoting the building of

 8  competent and efficient accounting and internal audit

 9  organizations in their offices.

10         Section 3.  Subsection (4) of section 11.51, Florida

11  Statutes, is amended to read:

12         11.51  Office of Program Policy Analysis and Government

13  Accountability.--

14         (4)  The Office of Program Policy Analysis and

15  Government Accountability is authorized to examine all

16  entities and records listed in s. 11.45(3) s. 11.45(3)(a).

17         Section 4.  Subsection (10) of section 61.181, Florida

18  Statutes, is amended to read:

19         61.181  Depository for alimony transactions, support,

20  maintenance, and support payments; fees.--

21         (10)  Compliance with the requirements of this section

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

23  pursuant to s. 218.39 11.45.

24         Section 5.  Subsection (3) of section 75.05, Florida

25  Statutes, is amended to read:

26         75.05  Order and service.--

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

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

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

30  Administration. Notwithstanding any other provision of law,

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


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    CS for CS for CS for SB 708                    First Engrossed



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

 2  development district established pursuant to chapter 190, as

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

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

 5  by such community development districts shall not be required

 6  on refunding issues.

 7         Section 6.  Paragraph (a) of subsection (2) of section

 8  112.08, Florida Statutes, is amended to read:

 9         112.08  Group insurance for public officers, employees,

10  and certain volunteers; physical examinations.--

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

12  to the contrary, every local governmental unit is authorized

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

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

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

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

17  governmental unit and for health, accident, hospitalization,

18  and legal expense insurance for the dependents of such

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

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

21  professional administrators to provide such insurance.  Before

22  entering any contract for insurance, the local governmental

23  unit shall advertise for competitive bids; and such contract

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

25  health insurance provider becomes financially impaired as

26  determined by the Office of Insurance Regulation of the

27  Financial Services Commission or otherwise fails or refuses to

28  provide the contracted-for coverage or coverages, the local

29  government may purchase insurance, enter into risk management

30  programs, or contract with third-party administrators and may

31  make such acquisitions by advertising for competitive bids or


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    CS for CS for CS for SB 708                    First Engrossed



 1  by direct negotiations and contract. The local governmental

 2  unit may undertake simultaneous negotiations with those

 3  companies which have submitted reasonable and timely bids and

 4  are found by the local governmental unit to be fully qualified

 5  and capable of meeting all servicing requirements. Each local

 6  governmental unit may self-insure any plan for health,

 7  accident, and hospitalization coverage or enter into a risk

 8  management consortium to provide such coverage, subject to

 9  approval based on actuarial soundness by the Office of

10  Insurance Regulation; and each shall contract with an

11  insurance company or professional administrator qualified and

12  approved by the office to administer such a plan.

13         Section 7.  Subsection (5) of section 112.625, Florida

14  Statutes, is amended to read:

15         112.625  Definitions.--As used in this act:

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

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

18  special district, or district school board which is the

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

20         Section 8.  Subsection (4) of section 112.63, Florida

21  Statutes, is amended to read:

22         112.63  Actuarial reports and statements of actuarial

23  impact; review.--

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

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

26  of a statement of actuarial impact, the Department of

27  Management Services shall acknowledge such receipt, but shall

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

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

30  department finds that the actuarial valuation is not complete,

31  accurate, or based on reasonable assumptions or otherwise


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    CS for CS for CS for SB 708                    First Engrossed



 1  materially fails to satisfy the requirements of this part, if

 2  the department requires additional material information

 3  necessary to complete its review of the actuarial valuation of

 4  a system or plan or material information necessary to satisfy

 5  the duties of the department pursuant to s. 112.665(1), or if

 6  the department does not receive the actuarial report or

 7  statement of actuarial impact, the department shall notify the

 8  administrator of the affected retirement system or plan and

 9  the affected governmental entity local government and request

10  appropriate adjustment, the additional material information,

11  or the required report or statement. The notification must

12  inform the administrator of the affected retirement system or

13  plan and the affected governmental entity of the consequences

14  for failure to comply with the requirements of this

15  subsection. If, after a reasonable period of time, a

16  satisfactory adjustment is not made or the report, statement,

17  or additional material information is not provided, the

18  department may notify the Department of Revenue and the

19  Department of Financial Services of such noncompliance, in

20  which case the Department of Revenue and the Department of

21  Financial Services shall withhold any funds not pledged for

22  satisfaction of bond debt service which are payable to the

23  affected governmental entity until the adjustment is made or

24  the report, statement, or additional material information is

25  provided to the department. The department shall specify the

26  date such action is to begin, and notification by the

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

28  Department of Financial Services, and the affected

29  governmental entity 30 days before the date the action begins.

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

31  affected governmental entity local government or the


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 1  department may petition for a hearing under the provisions of

 2  ss. 120.569 and 120.57 with the Department of Management

 3  Services. The Department of Revenue and the Department of

 4  Financial Services may not be parties to any such hearing, but

 5  may request to intervene if requested by the Department of

 6  Management Services or if the Department of Revenue or the

 7  Department of Financial Services determines its interests may

 8  be adversely affected by the hearing. If the administrative

 9  law judge recommends in favor of the department, the

10  department shall perform an actuarial review, or prepare the

11  statement of actuarial impact, or collect the requested

12  material information. The cost to the department of performing

13  such actuarial review, or preparing the such statement, or

14  collecting the requested material information shall be charged

15  to the affected governmental entity of which the employees are

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

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

18  receipt by the affected governmental entity of the request for

19  payment, the department shall certify to the Department of

20  Revenue and the Department of Financial Services Chief

21  Financial Officer the amount due, and the Department of

22  Revenue and the Department of Financial Services Chief

23  Financial Officer shall pay such amount to the Department of

24  Management Services from any funds not pledged for

25  satisfaction of bond debt service which are payable to the

26  affected governmental entity of which the employees are

27  covered by the retirement system or plan. If the

28  administrative law judge recommends in favor of the affected

29  governmental entity local retirement system and the department

30  performs an actuarial review, prepares the statement of

31  actuarial impact, or collects the requested material


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 1  information, the cost to the department of performing the

 2  actuarial review, preparing the statement, or collecting the

 3  requested material information shall be paid by the Department

 4  of Management Services.

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

 6  Department of Management Services shall also notify the

 7  Department of Community Affairs. Upon receipt of notification,

 8  the Department of Community Affairs shall proceed pursuant to

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

10  district.

11         Section 9.  Section 130.04, Florida Statutes, is

12  amended to read:

13         130.04  Sale Notice for bids and disposition of

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

15  the result of such election, the county commissioners shall

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

 3  cases the county commissioners may accept less than 95 cents

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

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

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

 7         Section 10.  Subsection (1) of section 132.02, Florida

 8  Statutes, is amended to read:

 9         132.02  Taxing units may refund obligations.--

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

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

12  other taxing district districts in this state, herein

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

14  or resolutions of the governing body thereof (meaning thereby

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

16  amount of tax levies required for taxing the taxable property

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

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

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

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

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

22  certificates of indebtedness or interest on any such paving

23  certificates of indebtedness, now or hereafter outstanding, or

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

25  bonds, whether such unit created such indebtedness or has

26  assumed, or may become liable therefor, and whether

27  indebtedness to be refunded has matured or to thereafter

28  become matured.

29         Section 11.  Section 132.09, Florida Statutes, is

30  amended to read:

31  


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

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

 3  otherwise expressly provided) shall be sold in the manner

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18  are redeemable or become payable before maturity, the amount

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

20  if accepted, and such other pertinent information as the

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

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

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

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

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

26  bidder making the most advantageous bid which shall be

27  determined by the governing body in its absolute and

28  uncontrolled discretion.  The right to reject all bids shall

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

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

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


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

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

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

 4         Section 12.  Paragraph (a) of subsection (2) of section

 5  163.05, Florida Statutes, is amended to read:

 6         163.05  Small County Technical Assistance Program.--

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

 8  Legislature declares that:

 9         (a)  The financial difficulties fiscal emergencies

10  confronting small counties require an investment that will

11  facilitate efforts to improve the productivity and efficiency

12  of small counties' structures and operating procedures.

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

14  Statutes, is amended to read:

15         166.121  Issuance of bonds.--

16         (2)  The governing body of a municipality shall

17  determine the terms and manner of sale and distribution or

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

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

20  any and all powers necessary or convenient to such

21  disposition.

22         Section 14.  Section 166.241, Florida Statutes, is

23  amended to read:

24         166.241  Fiscal years, financial reports,

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

26         (1)  Each municipality shall report its finances

27  annually as provided by general law.

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

29  establishing a fiscal year beginning October 1 of each year

30  and ending September 30 of the following year.

31  


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

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

 3  ordinance or resolution unless otherwise specified in the

 4  respective municipality's charter. The amount available from

 5  taxation and other sources, including amounts carried over

 6  from prior fiscal years, must equal the total appropriations

 7  for expenditures and reserves. The budget must regulate

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

 9  officer of a municipal government to expend or contract for

10  expenditures in any fiscal year except in pursuance of

11  budgeted appropriations.

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

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

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

15  follows:

16         (a)  Appropriations for expenditures within a fund may

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

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

19  not changed.

20         (b)  The governing body may establish procedures by

21  which the designated budget officer may authorize certain

22  budget amendments within a department, provided that the total

23  of the appropriations of the department is not changed.

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

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

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

27  original budget unless otherwise specified in the charter of

28  the respective municipality.

29         Section 15.  Paragraph (b) of subsection (1) of section

30  175.261, Florida Statutes, is amended to read:

31  


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 1         175.261  Annual report to Division of Retirement;

 2  actuarial valuations.--For any municipality, special fire

 3  control district, chapter plan, local law municipality, local

 4  law special fire control district, or local law plan under

 5  this chapter, the board of trustees for every chapter plan and

 6  local law plan shall submit the following reports to the

 7  division:

 8         (1)  With respect to chapter plans:

 9         (b)  In addition to annual reports provided under

10  paragraph (a), by February 1 of each triennial year, an

11  actuarial valuation of the chapter plan must be made by the

12  division at least once every 3 years, as provided in s.

13  112.63, commencing 3 years from the last actuarial valuation

14  of the plan or system for existing plans, or commencing 3

15  years from issuance of the initial actuarial impact statement

16  submitted under s. 112.63 for newly created plans. To that

17  end, the chair of the board of trustees for each firefighters'

18  pension trust fund operating under a chapter plan shall report

19  to the division such data as it needs to complete an actuarial

20  valuation of each fund. The forms for each municipality and

21  special fire control district shall be supplied by the

22  division.  The expense of this actuarial valuation shall be

23  borne by the firefighters' pension trust fund established by

24  ss. 175.041 and 175.121. The requirements of this section are

25  supplemental to the actuarial valuations necessary to comply

26  with s. ss. 218.321 and 218.39.

27         Section 16.  Paragraph (b) of subsection (1) of section

28  185.221, Florida Statutes, is amended to read:

29         185.221  Annual report to Division of Retirement;

30  actuarial valuations.--For any municipality, chapter plan,

31  local law municipality, or local law plan under this chapter,


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 1  the board of trustees for every chapter plan and local law

 2  plan shall submit the following reports to the division:

 3         (1)  With respect to chapter plans:

 4         (b)  In addition to annual reports provided under

 5  paragraph (a), by February 1 of each triennial year, an

 6  actuarial valuation of the chapter plan must be made by the

 7  division at least once every 3 years, as provided in s.

 8  112.63, commencing 3 years from the last actuarial valuation

 9  of the plan or system for existing plans, or commencing 3

10  years from the issuance of the initial actuarial impact

11  statement submitted under s. 112.63 for newly created plans.

12  To that end, the chair of the board of trustees for each

13  municipal police officers' retirement trust fund operating

14  under a chapter plan shall report to the division such data as

15  the division needs to complete an actuarial valuation of each

16  fund.  The forms for each municipality shall be supplied by

17  the division.  The expense of the actuarial valuation shall be

18  borne by the municipal police officers' retirement trust fund

19  established by s. 185.10. The requirements of this section are

20  supplemental to the actuarial valuations necessary to comply

21  with s. ss. 218.321 and 218.39.

22         Section 17.  Section 189.4044, Florida Statutes, is

23  amended to read:

24         189.4044  Special procedures for inactive districts.--

25         (1)  The department shall declare inactive any special

26  district in this state by documenting that filing a report

27  with the Speaker of the House of Representatives and the

28  President of the Senate which shows that such special district

29  is no longer active.  The inactive status of the special

30  district must be based upon a finding:

31  


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

 2  following criteria:

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

 4  the governing body of the district, or the governing body of

 5  the appropriate local general-purpose government notifies the

 6  department in writing that the district has taken no action

 7  for 2 or more calendar years;

 8         2.  Following an inquiry from the department, the

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

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

11  local general-purpose government notifies the department in

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

13  sufficient number of governing board members to constitute a

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

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

16  the governing body of the appropriate local general-purpose

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

18  21 days; or 18 or more months;

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

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

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

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

23  years, to pay fees assessed by the Special District

24  Information Program pursuant to this chapter.

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

26  general-purpose government published That a notice of the

27  proposed declaration of inactive status has been published

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

29  in within the county or municipality in which wherein the

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

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


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 1  chair of the board, if any. Such notice must include, stating

 2  the name of the said special district, the law under which it

 3  was organized and operating, a general description of the

 4  territory included in the said special district, and a

 5  statement stating that any objections must be filed pursuant

 6  to chapter 120 within 21 days after the publication date to

 7  the proposed declaration or to any claims against the assets

 8  of said special district shall be filed not later than 60 days

 9  following the date of last publication with the department;

10  and

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

12  publication date of the notice of proposed declaration of

13  inactive status and no administrative appeals were sustained

14  objections have been filed.

15         (2)  If any special district is declared inactive

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

17  special district are subject to legal process for payment of

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

19  of said inactive special district, the remainder of its

20  property or assets shall escheat to the county or municipality

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

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

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

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

25  general-purpose government wherein the same is situated and

26  shall be assessed by the county property appraiser and

27  collected by the county tax collector.

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

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

30  declaration of inactive status to notify the Speaker of the

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


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 1  notice of declaration of inactive status shall reference of

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

 3  special district declared to be inactive under this

 4  section.  The declaration of inactive status shall be

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

 6  Constitution to authorize the Legislature to repeal any

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

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

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

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

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

12  district created by interlocal agreement, the department shall

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

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

15  which entered into the interlocal agreement.

16         (4)  The entity that created a special district

17  declared inactive under this section must dissolve the special

18  district be dissolved by repealing repeal of its enabling laws

19  or by other appropriate means.

20         Section 18.  Subsection (1) of section 189.412, Florida

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

22  section, to read:

23         189.412  Special District Information Program; duties

24  and responsibilities.--The Special District Information

25  Program of the Department of Community Affairs is created and

26  has the following special duties:

27         (1)  The collection and maintenance of special district

28  noncompliance compliance status reports from the Department of

29  Management Services Auditor General, the Department of

30  Financial Services, the Division of Bond Finance of the State

31  Board of Administration, and the Auditor General the


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 1  Department of Management Services, the Department of Revenue,

 2  and the Commission on Ethics for the reporting required in ss.

 3  112.3144, 112.3145, 112.3148, 112.3149, 112.63, 200.068,

 4  218.32, 218.38, and 218.39, and 280.17 and chapter 121 and

 5  from state agencies administering programs that distribute

 6  money to special districts. The noncompliance special district

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

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

 9  which special districts that did not comply with the statutory

10  reporting requirements statutorily required by that agency.

11         (8)  Providing assistance to local general-purpose

12  governments and certain state agencies in collecting

13  delinquent reports or information, helping special districts

14  comply with reporting requirements, declaring special

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

16  Legislative Auditing Committee, initiating enforcement

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

18         Section 19.  Subsections (1) and (2) of section

19  189.418, Florida Statutes, are amended, subsection (5) is

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

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

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

23         189.418  Reports; budgets; audits.--

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

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

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

27  or other document that provides for the creation of the

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

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

30  dependent or independent and the basis for such

31  classification. In addition to the document or documents that


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

 2  the district, showing any municipal boundaries that cross the

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

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

 5  the local government or other entity and the district within

 6  30 days after receipt of the document or documents that create

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

 8  be dependent or independent.

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

10  document by which the district was created, including changes

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

12  days after adoption. The department may initiate proceedings

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

14  189.422 for failure to file the information required by this

15  subsection.

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

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

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

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

20         (7)(6)  All reports or information required to be filed

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

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

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

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

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

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

27         (c)  When the local governing authority is a

28  municipality, be filed at the place designated by the

29  municipal governing body.

30         Section 20.  Section 189.419, Florida Statutes, is

31  amended to read:


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 1         189.419  Effect of failure to file certain reports or

 2  information.--

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

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

 5  189.417, s. 189.418, s. 218.32, or s. 218.39 and a description

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

 7  governing authority, the person authorized to receive and read

 8  the reports or information shall notify the district's

 9  registered agent and the appropriate local governing authority

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

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

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

13  except that an extension may not exceed 30 days.

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

15  authorities or the board of county commissioners determines

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

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

18  petition the department and the department may proceed

19  pursuant to initiate proceedings against the special district

20  in the manner provided in s. 189.421.

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

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

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

24  notify the department, and the department shall proceed

25  pursuant to s. 189.421 may initiate proceedings against the

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

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

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

29  noncompliance.

30         Section 21.  Section 189.421, Florida Statutes, is

31  amended to read:


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 1         (Substantial rewording of section. See

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

 3         189.421  Failure of district to disclose financial

 4  reports.--

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

 6  department shall attempt to assist a special district to

 7  comply with its financial reporting requirements by sending a

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

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

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

11  description of the required report, including statutory

12  submission deadlines, a contact telephone number for technical

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

14  extension of time for filing the required report with the

15  appropriate entity, the address where the report must be

16  filed, and an explanation of the penalties for

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

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

19  special district.  The department shall notify the appropriate

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

21  district that did not timely file the reports or information

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

23  technical assistance letter to the special district which

24  summarizes the requirements and encourages the special

25  district to take steps to prevent the noncompliance from

26  reoccurring.

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

28  financial reporting requirements after the procedures of

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

30  the special district.  The financial reporting requirements

31  are declared to be essential requirements of law.  Remedy for


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 1  noncompliance shall be by writ of certiorari as set forth in

 2  subsection (3).

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

 4  Auditing Committee shall notify the department of those

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

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

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

 8  later, the department shall proceed as follows:

 9  notwithstanding the provisions of chapter 120, the department

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

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

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

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

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

15  certiorari shall be issued unless a respondent establishes

16  that the notification of the Legislative Auditing Committee

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

18  this subsection shall otherwise be governed by the Rules of

19  Appellate Procedure.

20         Section 22.  Subsection (5) of section 189.428, Florida

21  Statutes, is amended to read:

22         189.428  Special districts; oversight review process.--

23         (5)  Those conducting the oversight review process

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

25  evaluating the special district, but may also consider any

26  additional factors relating to the district and its

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

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

29  considered. The criteria to be considered by the reviewer

30  include:

31  


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

 2  offered by the special district are essential or contribute to

 3  the well-being of the community.

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

 5  services currently provided by the special district.

 6         (c)  The extent of municipal annexation or

 7  incorporation activity occurring or likely to occur within the

 8  boundaries of the special district and its impact on the

 9  delivery of services by the special district.

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

11  of delivering the service or services that would adequately

12  provide the district residents with the services provided by

13  the district.

14         (e)  Whether transfer of the responsibility for

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

16  the special district being reviewed could be accomplished

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

18  or outstanding indebtedness.

19         (f)  Whether the Auditor General has notified the

20  Legislative Auditing Committee that the special district's

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

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

23  218.503(1) or that a deteriorating financial condition exists

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

25  if actions are not taken to address such condition.

26         (g)  Whether the Auditor General has determined that

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

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

29  the Legislative Auditing Committee.

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

31  the official list of special districts, and whether the


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 1  district is meeting and discharging its responsibilities as

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

 3  decreases in district activity.

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

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

 6  including preparation of the public facilities report.

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

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

 9  complied with all open public records and meeting

10  requirements.

11         Section 23.  Paragraph (a) of subsection (1) of section

12  189.439, Florida Statutes, is amended to read:

13         189.439  Bonds.--

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

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

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

17  including, without limitation, the power to obtain working

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

19  refund any bonds or other indebtedness at the time outstanding

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

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

22  advertisement, if any, as the board considers

23  advisable.  Bonds may be authorized by resolution of the

24  board.

25         Section 24.  Subsections (1) and (2) of section

26  191.005, Florida Statutes, are amended to read:

27         191.005  District boards of commissioners; membership,

28  officers, meetings.--

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

30  boards are appointed collectively by the Governor, the county

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


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 1  business affairs of each district shall be conducted and

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

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

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

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

 6  thereafter. The board shall be elected in nonpartisan

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

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

 9  the manner prescribed by law for holding general elections in

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

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

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

13  a district shall qualify with the county supervisor of

14  elections in whose jurisdiction the district is located.  If

15  the district is a multicounty district, candidates shall

16  qualify with the Department of State.  All candidates may

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

18  signatures of at least 25 registered electors of the district

19  on petition forms provided by the supervisor of elections

20  which petitions shall be submitted and checked in the same

21  manner as petitions filed by nonpartisan judicial candidates

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

23  candidate who does not collect contributions and whose only

24  expense is the filing fee is not required to appoint a

25  campaign treasurer or designate a primary campaign depository.

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

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

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

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

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

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


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

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

 3  seat designation does not designate a geographical subdistrict

 4  unless such subdistrict exists on the effective date of this

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

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

 7  the election for the member from that subdistrict.  Each

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

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

10  candidate is qualifying.  The name of each candidate who

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

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

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

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

15  for the seat shall be elected to the board.

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

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

18  election shall be conducted in accordance with this section,

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

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

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

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

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

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

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

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

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

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

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

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

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


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 1  existing seats all expire within 6 months of the first

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

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

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

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

 6  designated to remain three members by special act adopted in

 7  1997 or thereafter, the terms of the board members shall be

 8  staggered. In the first election following the effective date

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

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

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

12  legislative delegation that represents the area within the

13  district to create by special law geographical subdistricts

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

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

16  shall continue to elect board members from such previously

17  designated subdistricts, and this act shall not require the

18  elimination of board seats from such boards.

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

20  elector at the time he or she qualifies and continually

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

22  a qualified elector is automatically removed pursuant to this

23  act.

24         Section 25.  Section 218.075, Florida Statutes, is

25  amended to read:

26         218.075  Reduction or waiver of permit processing

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

28  Department of Environmental Protection and the water

29  management districts shall reduce or waive permit processing

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

31  1, 1994, until such counties exceed a population of 75,000 and


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

 2  county or municipality not included within a metropolitan

 3  statistical area. Fee reductions or waivers shall be approved

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

 5  particular project or activity. The governing body must

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

 7  hardship due to one of the following factors:

 8         (1)  Per capita taxable value is less than the

 9  statewide average for the current fiscal year;

10         (2)  Percentage of assessed property value that is

11  exempt from ad valorem taxation is higher than the statewide

12  average for the current fiscal year;

13         (3)  Any condition specified in s. 218.503(1) which

14  results in the county or municipality being in s. 218.503,

15  that determines a state of financial emergency;

16         (4)  Ad valorem operating millage rate for the current

17  fiscal year is greater than 8 mills; or

18         (5)  A financial condition that is documented in annual

19  financial statements at the end of the current fiscal year and

20  indicates an inability to pay the permit processing fee during

21  that fiscal year.

22  

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

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

25  municipality and the project for which the fee reduction or

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

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

28  $100.

29         Section 26.  Subsection (3) is added to section 218.32,

30  Florida Statutes, to read:

31  


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 1         218.32  Annual financial reports; local governmental

 2  entities.--

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

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

 5  municipality that has not reported any financial activity for

 6  the last 4 fiscal years.  Such notice must be sufficient to

 7  initiate dissolution procedures as described in s.

 8  165.051(1)(a).  Any special law authorizing the incorporation

 9  or creation of the municipality must be included within the

10  notification.

11         Section 27.  Section 218.321, Florida Statutes, is

12  repealed.

13         Section 28.  Subsection (3) of section 218.39, Florida

14  Statutes, is amended to read:

15         218.39  Annual financial audit reports.--

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

17  for an annual financial audit by being included within the

18  audit of another local governmental entity upon which it is

19  dependent.  An independent special district may not make

20  provision for an annual financial audit by being included

21  within the audit of another local governmental entity.

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

23  defined by generally accepted accounting principles, of a

24  local government entity shall provide the local governmental

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

26  local governmental entity, with financial information

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

28  component unit to provide this financial information must be

29  noted in the annual financial audit report of the local

30  governmental entity.

31  


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

 2  Statutes, is amended to read:

 3         218.36  County officers; record and report of fees and

 4  disposition of same.--

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

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

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

 8  with the provisions of this section.  Such notification shall

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

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

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

12         Section 30.  Section 218.369, Florida Statutes, is

13  amended to read:

14         218.369  Definitions applicable to ss.

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

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

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

18  municipality, special district, district school board, local

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

20  any other local governmental body or public body corporate and

21  politic authorized or created by general or special law and

22  granted the power to issue general obligation or revenue

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

24  shall be interpreted to include within their scope general

25  obligation bonds, revenue bonds, special assessment bonds,

26  limited revenue bonds, special obligation bonds, debentures,

27  and other similar instruments, but not bond anticipation

28  notes.

29         Section 31.  Part V of chapter 218, Florida Statutes,

30  entitled "Financial Emergencies" is renamed "Local

31  


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 1  Governmental Entity and District School Board Financial

 2  Emergencies."

 3         Section 32.  Section 218.50, Florida Statutes, is

 4  amended to read:

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

 6  cited shall be known as the "Local Governmental Entity and

 7  District School Board Government Financial Emergencies Act."

 8         Section 33.  Section 218.501, Florida Statutes, is

 9  amended to read:

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

11  are:

12         (1)  To promote preserve and protect the fiscal

13  responsibility solvency of local governmental entities and

14  district school boards.

15         (2)  To assist local governmental entities and district

16  school boards in providing essential services without

17  interruption and in meeting their financial obligations.

18         (3)  To assist local governmental entities and district

19  school boards through the improvement of local financial

20  management procedures.

21         Section 34.  Section 218.502, Florida Statutes, is

22  amended to read:

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

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

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

26         Section 35.  Section 218.503, Florida Statutes, is

27  amended to read:

28         218.503  Determination of financial emergency.--

29         (1)  A Local governmental entities and district school

30  boards shall be subject to review and oversight by the

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


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 1  of financial emergency when any one of the following

 2  conditions occurs:

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

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

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

 6  result of a lack of funds.

 7         (b)  Failure to pay uncontested claims from creditors

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

 9  lack of funds.

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

11  due to lack of funds:

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

13         2.  Employer and employee contributions for:

14         a.  Federal social security; or

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

16  employee.

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

18  of funds:

19         1.  Wages and salaries owed to employees; or

20         2.  Retirement benefits owed to former employees.

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

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

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

24  the general purpose or fund financial statements, for which

25  sufficient resources of the local governmental entity, as

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

27  the general purpose or fund financial statements, are not

28  available to cover the deficit for 2 successive years.

29  Resources available to cover reported deficits include net

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

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


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

 2  which would impair the ability of a local governmental entity

 3  to carry out its functions, are not considered resources

 4  available to cover reported deficits.

 5         (e)  Noncompliance of the local government retirement

 6  system with actuarial conditions provided by law.

 7         (2)  A local governmental entity shall notify the

 8  Governor and the Legislative Auditing Committee, and a

 9  district school board shall notify the Commissioner of

10  Education and the Legislative Auditing Committee, when one or

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

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

13  local governmental entity or district school board.  In

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

15  determination that one or more of the conditions specified in

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

17  taken to assist the local governmental entity or district

18  school board the identification of the financial emergency,

19  notify the Governor or the Commissioner of Education, as

20  appropriate, and the Legislative Auditing Committee when one

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

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

23  local governmental entity.

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

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

26  designee shall contact the local governmental entity or the

27  Commissioner of Education or his or her designee shall contact

28  the district school board to determine what actions have been

29  taken by the local governmental entity or the district school

30  board to resolve the condition financial emergency. The

31  Governor or the Commissioner of Education, as appropriate,


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 1  shall determine whether the local governmental entity or the

 2  district school board needs state assistance to resolve the

 3  condition.  If state assistance is needed, the local

 4  governmental entity or district school board is considered to

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

 6  Commissioner of Education, as appropriate, has the authority

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

 8  assist the local governmental entity or district school board

 9  in resolving resolve the financial emergency.  Such measures

10  may include, but are not limited to:

11         (a)  Requiring approval of the local governmental

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

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

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

15  governmental entity and providing for repayment of same.

16         (c)  Prohibiting a local governmental entity or

17  district school board from issuing bonds, notes, certificates

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

19  it is no longer subject to this section.

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

21  information, reports, and assets of the local governmental

22  entity or district school board. The appropriate local

23  officials shall cooperate in such, in which inspections and

24  reviews the appropriate local officials shall cooperate.

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

26  local governmental entity or the district school board and the

27  appropriate state officials agency regarding any steps

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

29  financial procedures, and reports into compliance with state

30  requirements.

31  


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 1         (f)  Providing technical assistance to the local

 2  governmental entity or the district school board.

 3         (g)1.  Establishing a financial emergency emergencies

 4  board to oversee the activities of the local governmental

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

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

 7  shall be appointed by the Governor shall appoint board members

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

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

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

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

12  necessary. The financial emergency board shall adopt such

13  rules as are necessary for conducting board business. The

14  board may:

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

16  of the local governmental entity or the district school board

17  as are needed.

18         b.  Consult with the officials and auditors of the

19  local governmental entity or the district school board and the

20  appropriate state officials regarding any steps necessary to

21  bring the books of account, accounting systems, financial

22  procedures, and reports of the local governmental entity or

23  the district school board into compliance with state

24  requirements.

25         c.  Review the operations, management, efficiency,

26  productivity, and financing of functions and operations of the

27  local governmental entity or the district school board.

28         2.  The recommendations and reports made by the

29  financial emergency board must be submitted to the Governor

30  for local governmental entities or to the Commissioner of

31  


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 1  Education and the State Board of Education for district school

 2  boards for appropriate action.

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

 4  officials of the appropriate state agency in conjunction with

 5  the local governmental entity or the district school board in

 6  consultation with the appropriate state officials, prescribing

 7  actions that will cause the local governmental entity or

 8  district school board to no longer be subject to this

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

10         1.  Provision for payment in full of obligations

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

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

13  obligations, pension payments, and all payments and charges

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

15  judgments and past due accounts, as priority items of

16  expenditures.

17         2.  Establishment of a basis of priority budgeting or

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

19  items that are not affordable.

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

21  be sustained only with nonrecurring revenues.

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

23  governmental entity or district school board may not seek

24  application of laws under the bankruptcy provisions of the

25  United States Constitution except with the prior approval of

26  the Governor for local governmental entities or the

27  Commissioner of Education for district school boards.

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

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

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

31  emergency pursuant to this section may impose a discretionary


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

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

 3  facilities within the municipality which are open for use to

 4  the general public.

 5         (b)  A municipal governing authority that imposes the

 6  surcharge authorized by this subsection may use the proceeds

 7  of such surcharge for the following purposes only:

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

 9  of the surcharge proceeds shall be used by the governing

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

11  reduce or eliminate non-ad valorem assessments.

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

13  shall be used by the governing authority to increase its

14  budget reserves; however, the governing authority shall not

15  reduce the amount it allocates for budget reserves from other

16  sources below the amount allocated for reserves in the fiscal

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

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

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

20  fiscal years, the remaining proceeds from this subparagraph

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

22  to outstanding obligations backed or secured by a covenant to

23  budget and appropriate from non-ad valorem revenues.

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

25         Section 36.  Section 218.504, Florida Statutes, is

26  amended to read:

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

28  the Commissioner of Education, as appropriate, has the

29  authority to terminate all state actions pursuant to ss.

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

31  


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 1  until the Governor or the Commissioner of Education, as

 2  appropriate, has determined that:

 3         (1)  The local governmental entity or district school

 4  board:

 5         (a)  Has established and is operating an effective

 6  financial accounting and reporting system.

 7         (b)  Has resolved corrected or eliminated the fiscal

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

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

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

11         Section 37.  Chapter 131, Florida Statutes, consisting

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

13  131.06, Florida Statutes, is repealed.

14         Section 38.  Section 132.10, Florida Statutes, is

15  repealed.

16         Section 39.  Section 165.052, Florida Statutes, is

17  repealed.

18         Section 40.  Section 189.409, Florida Statutes, is

19  repealed.

20         Section 41.  Section 189.422, Florida Statutes, is

21  repealed.

22         Section 42.  Section 200.0684, Florida Statutes, is

23  repealed.

24         Section 43.  Paragraph (h) of subsection (1) of section

25  218.37, Florida Statutes, is repealed.

26         Section 44.  Section 215.195, Florida Statutes, is

27  amended to read:

28         215.195  Agency deposits relating to the Statewide Cost

29  Allocation Plan.--

30         (1)  APPLICATION FOR ALLOCABLE STATEWIDE

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


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    CS for CS for CS for SB 708                    First Engrossed



 1  application for federal grant or contract funds shall, in

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

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

 4  services provided by state central service agencies which are

 5  reimbursable to the state pursuant to the provisions of Office

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

 7  Statewide Cost Allocation Plan and coordination thereof with

 8  all applicable parties is the responsibility of the Department

 9  of Financial Services. The Department of Financial Services

10  shall ensure that the SWCAP presents the most favorable

11  allocation of central services cost allowable to the state by

12  the Federal Government.

13         (2)  DEPOSIT OF OVERHEAD IN THE GENERAL REVENUE

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

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

16  federal grant or contract shall identify that portion

17  representing reimbursement of allocable statewide overhead and

18  deposit that amount into the General Revenue Fund unallocated

19  as directed by the Department of Financial Services Executive

20  Office of the Governor. The Department of Financial Services

21  shall be responsible for monitoring agency compliance with

22  this section.

23         Section 45.  Section 1010.47, Florida Statutes, is

24  amended to read:

25         1010.47  Receiving bids and sale of bonds.--

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

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

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

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

30  by publication in some newspaper published in the district

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


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    CS for CS for CS for SB 708                    First Engrossed



 1  at the office of the district school superintendent. The

 2  notice shall be published twice, and the first publication

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

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

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

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

 7  and shall give the schedule of maturities of the proposed

 8  bonds and such other pertinent information as may be

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

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

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

12  interest and invite bids thereon. In addition to publication

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

14  subsection, the district school board shall notify in writing

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

16  the same time, notify the Department of Education concerning

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

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

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

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

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

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

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

24  value except as specifically authorized by the Department of

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

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

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

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

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

30  be less advantageous to the district school board than that

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


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    CS for CS for CS for SB 708                    First Engrossed



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

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

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

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

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

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

 7  tables shall govern, provided that the determination of the

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

 9  be final.

10         Section 46.  Subsection (1) of section 288.9610,

11  Florida Statutes, is amended to read:

12         288.9610  Annual reports of Florida Development Finance

13  Corporation.--By December 1 of each year, the Florida

14  Development Finance Corporation shall submit to the Governor,

15  the President of the Senate, the Speaker of the House of

16  Representatives, the Senate Minority Leader, the House

17  Minority Leader, and the city or county activating the Florida

18  Development Finance Corporation a complete and detailed report

19  setting forth:

20         (1)  The evaluation required in s. 11.45(3)(j) s.

21  11.45(3)(a)11.

22         Section 47.  Pilot program; Monroe County.--

23         (1)  The Legislature has determined that insurers and

24  managed care organizations are unable to provide adequate or

25  affordable health insurance coverage in rural counties and

26  other isolated areas of the state. It is therefore necessary

27  to explore alternatives for making affordable health insurance

28  coverage available in rural counties and other similar areas

29  of the state.

30         (2)  An entity in Monroe County, established pursuant

31  to section 381.0406, Florida Statutes, may, through a


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    CS for CS for CS for SB 708                    First Engrossed



 1  nonprofit corporation, establish a self-insurance plan

 2  approved by the Office of Insurance Regulation in accordance

 3  with section 112.08 (2)(b), Florida Statutes, to insure

 4  residents of a rural county or similar area if the residents

 5  are unable to obtain adequate or affordable health insurance

 6  coverage. Premiums charged by the self-insurance plan for

 7  participating residents or employers shall be actuarially

 8  sound. In reviewing such a self-insurance plan, the office

 9  shall consult with the Department of Health to confirm that

10  the program is consistent with the purpose and scope of

11  chapter 381, Florida Statutes.

12         (3)  The entity in Monroe County which establishes this

13  program shall, in addition to the reporting requirements set

14  forth in section 112.08(2)(b), Florida Statutes, prepare an

15  evaluation of the pilot program, including recommendations for

16  the future of the program, and submit the report to the

17  Governor, the President of the Senate, the Speaker of the

18  House of Representatives, the Department of Health, and the

19  office no later than January 1, 2006.

20         Section 48.  Section 373.556, Florida Statutes, is

21  repealed.

22         Section 49.  This act shall take effect upon becoming a

23  law.

24  

25  

26  

27  

28  

29  

30  

31  


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