Florida 2024 2024 Regular Session

Florida House Bill H1125 Introduced / Bill

Filed 01/03/2024

                       
 
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A bill to be entitled 1 
An act relating to economic development in gaming 2 
concentrated counties; creating s. 288.401, F.S.; 3 
providing a short title; creating s. 288.402, F.S.; 4 
providing legislative findings and intent; creating s. 5 
288.403, F.S.; providing definitions; creating s. 6 
288.404, F.S.; creating Prospect Del Vista, Inc., as a 7 
nonprofit corporation which is not a unit or entity of 8 
state government; requiring Prospect Del Vista, Inc., 9 
to create and administer an investment fund for a 10 
certain purpose in a certain manner; providing for the 11 
principal of the fund; requiring Prospect Del Vista, 12 
Inc., to establish a trust account for a certain 13 
purpose; providing for the reversion of certain funds 14 
to the State Treasury in certain circumstances; 15 
requiring Prospect Del Vista, Inc., to invest and 16 
reinvest the principal of the investment fund in a 17 
certain manner; requiring the board of directors to 18 
formulate a certain investment policy ; requiring 19 
Prospect Del Vista, Inc., to competitively procure one 20 
or more money managers; providing requirements for 21 
such money managers; providing for the deduction of 22 
certain costs and fees from investment fund earnings; 23 
requiring an annual audit of the investment fund; 24 
requiring Prospect Del Vista, Inc., to provide certain 25     
 
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biannual reports to the Governor and the Legislature; 26 
requiring the Auditor General to annually audit the 27 
investment fund and Prospect Del Vista, Inc.; creating 28 
s. 288.405, F.S.; prov iding that Prospect Del Vista, 29 
Inc., is subject to certain public records and 30 
meetings requirements; providing for the board of 31 
directors of Prospect Del Vista, Inc.; providing for 32 
appointments, terms, and the filling of vacancies of 33 
board members; subject ing the board members to certain 34 
requirements and postemployment restrictions; 35 
providing criminal penalties; requiring board members 36 
to file certain financial disclosures; authorizing 37 
board members to receive reimbursement for certain 38 
travel and per diem e xpenses; providing that each 39 
board member is responsible for certain duties; 40 
providing for removal of a board member in certain 41 
circumstances; requiring the board of directors to 42 
meet at least quarterly for certain purposes; 43 
requiring the Secretary of Comm erce and the Secretary 44 
of Environmental Protection, or their designees, to be 45 
available for a certain purpose; authorizing Prospect 46 
Del Vista, Inc., to hire or contract for certain 47 
staff; requiring Prospect Del Vista, Inc., to retain 48 
certain staff; providi ng requirements for such staff; 49 
creating s. 288.406, F.S.; providing powers of the 50     
 
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Prospect Del Vista, Inc., board of directors; creating 51 
s. 288.407, F.S.; providing the duties of Prospect Del 52 
Vista, Inc.; creating s. 288.408, F.S.; authorizing 53 
Prospect Del Vista, Inc., to make certain awards to 54 
certain projects or programs; authorizing awards for 55 
certain purposes; requiring Prospect Del Vista, Inc., 56 
to establish an application procedure and scoring 57 
process that gives priority to projects and programs 58 
that meet certain requirements; authorizing Prospect 59 
Del Vista, Inc., to make awards in certain manner; 60 
requiring certain contracts to include certain 61 
provisions; creating s. 288.409, F.S.; requiring the 62 
scope of certain audits to include funds awarded by 63 
Prospect Del Vista, Inc.; requiring the Auditor 64 
General to conduct a certain operational audit 65 
biennially; providing the scope of review of such 66 
audits; providing an effective date. 67 
 68 
Be It Enacted by the Legislature of the State of Florida: 69 
 70 
 Section 1.  Section 288.401, Florida Statutes, is created 71 
to read: 72 
 288.401  Short title. —Sections 288.401-288.409 may be cited 73 
as the "Prospect Del Vista Infrastructure and Investment Act." 74 
 Section 2.  Section 288.402, Florida Statutes, is created 75     
 
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to read: 76 
 288.402  Prospect Del Vista, Inc.; legislative intent. —The 77 
Legislature recognizes that supporting counties affected by 78 
increased density because of a concentration of licensed pari -79 
mutuel facilities to ensure goals for economic improvement and 80 
variation are achieved is in the best interest of the citizens 81 
of the state. The Legislature intends to provide a long -term 82 
source of funding for efforts of economic improvement and 83 
augmentation in gaming concentrated counties. The Legislature 84 
finds that it is important to help businesses, individuals, and 85 
local governments in counties affected by increased density 86 
because of a concentration of licensed gaming facilities. 87 
 Section 3.  Section 288.403, Florida Statutes, is created 88 
to read: 89 
 288.403  Definitions. —As used in this act, the term: 90 
 (1)  "Awardee" means a person, organization, or local 91 
government granted an award of funds from the investment fund 92 
for a project or program. 93 
 (2)  "Earnings" means all the income generated by 94 
investments and interest. 95 
 (3)  "Gaming concentrated county" means any county with 96 
five or more operating Florida licensed pari -mutuel 97 
permitholders. 98 
 (4)  "Investment fund" means a trust account established by 99 
Prospect Del Vista, Inc., for the benefit of gaming concentrated 100     
 
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counties. 101 
 Section 4.  Section 288.404, Florida Statutes, is created 102 
to read: 103 
 288.404  Prospect Del Vista, Inc.; investment fund; 104 
creation; investment. — 105 
 (1)  There is created a nonprofit corporation, to be known 106 
as Prospect Del Vista, Inc., which shall be registered, 107 
incorporated, organized, and operated in compliance with chapter 108 
617, and which is not a unit or entity of state government. 109 
Prospect Del Vista, Inc., may receive, hold, invest, and 110 
administer the investment fund in support of this act. Prospect 111 
Del Vista, Inc., is not subject to control, supervision, or 112 
direction by the Department of Commerce in any manner, 113 
including, but not limited to, personnel, purchasing, 114 
transactions involving real or personal property, and budgetary 115 
matters. 116 
 (2)  Prospect Del Vista , Inc., must create and administer 117 
the investment fund for the benefit of gaming concentrated 118 
counties. The principal of the fund shall derive from General 119 
Revenue. The amount deposited into the fund from General Revenue 120 
shall equal the difference in slot machine revenue tax paid to 121 
the Florida Gaming Control Commission collected from all 122 
licensed pari-mutuel facilities in the year immediately before 123 
and each subsequent year after a county becomes a gaming 124 
concentrated county. 125     
 
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 (3)  The investment fund must be maintained as a long -term 126 
and stable source of revenue for gaming concentrated counties. 127 
Prospect Del Vista, Inc., shall establish a trust account at a 128 
federally insured financial institution to hold funds and make 129 
deposits and payments. Earnings gener ated by investments and 130 
interest of the fund, plus the amount of principal available 131 
each year, must be available to make awards pursuant to this act 132 
and pay administrative costs. Earnings must be accounted for 133 
separately from principal funds set forth in subsection (2). 134 
Administrative costs are limited to 2.25 percent of the earnings 135 
in a calendar year. Administrative costs include payment of 136 
investment fees, travel and per diem expenses of board members, 137 
audits, salary or other costs for employed or contr acted staff, 138 
including required staff under s. 288.405(9), and other 139 
allowable costs. If the investment fund is dissolved, any funds 140 
remaining shall revert to the State Treasury. 141 
 (4)  Prospect Del Vista, Inc., shall invest and reinvest 142 
the principal of the investment fund in accordance with s. 143 
617.2104 in a manner that does not subject the funds to state or 144 
federal taxes and is consistent with an investment policy 145 
statement adopted by the corporation. 146 
 (a)  The board of directors shall formulate an investm ent 147 
policy governing the investment of the principal of the 148 
investment fund. The policy shall pertain to the types, kinds, 149 
or nature of investment of any of the funds, and any 150     
 
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limitations, conditions, or restrictions upon the methods, 151 
practices, or procedu res for investment, reinvestments, 152 
purchases, sales, or exchange transactions, provided such 153 
policies shall not conflict with nor be in derogation of any 154 
state constitutional provision or law. The policy shall be 155 
formulated with the advice of the financial advisor in 156 
consultation with the State Board of Administration. 157 
 (b)  Prospect Del Vista, Inc., must competitively procure 158 
one or more money managers, under the advice of the financial 159 
advisor in consultation with the State Board of Administration, 160 
to invest the principal of the investment fund. The applicant 161 
manager or managers may not include representatives from the 162 
financial institution housing the trust account for the 163 
investment fund. The applicant manager or managers must present 164 
a plan to invest the investment fund to maximize earnings while 165 
prioritizing the preservation of investment fund principal. Any 166 
agreement with a money manager must be reviewed by Prospect Del 167 
Vista, Inc., for continuance at least every 5 years. Plans must 168 
include investment in technology and growth businesses domiciled 169 
in, or that will be domiciled in, this state or businesses for 170 
which their principal addresses are in this state. 171 
 (c)  Costs and fees for investment services must be 172 
deducted from the earnings as administrativ e costs. Fees for 173 
investment services may not be greater than 150 basis points. 174 
 (d)  Annually, Prospect Del Vista, Inc., shall cause an 175     
 
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audit to be conducted of the investment of the Investment Fund 176 
by the independent certified public accountant retained in s. 177 
288.405. The expense of such audit shall be paid from earnings 178 
for administrative purposes. 179 
 (5)  Prospect Del Vista, Inc., shall biannually on June 30 180 
and December 30 provide a report to the Governor, the President 181 
of the Senate, and the Speaker of the House of Representatives 182 
on the financial status of the investment fund and its 183 
investments, the established priorities, the project and program 184 
selection process, including a list of all submitted projects 185 
and reasons for approval or denial, and the s tatus of all 186 
approved awards. 187 
 (6)  The Auditor General shall annually conduct an audit of 188 
the investment fund and Prospect Del Vista, Inc. Prospect Del 189 
Vista, Inc., shall provide to the Auditor General any detail or 190 
supplemental data required. 191 
 Section 5.  Section 288.405, Florida Statutes, is created 192 
to read: 193 
 288.405  Prospect Del Vista, Inc., organization; board of 194 
directors.— 195 
 (1)  Prospect Del Vista, Inc., is subject to the provisions 196 
of chapter 119 relating to public records and of chapter 286 197 
relating to public meetings and records. 198 
 (2)  Prospect Del Vista, Inc., shall be governed by a five -199 
member board of directors. The President of the Senate and the 200     
 
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Speaker of the House of Representatives shall each appoint two 201 
members from the private sector. The Governor shall appoint one 202 
member from the private sector. The board of directors shall 203 
annually elect a chairperson from among the board's members. The 204 
chairperson may be removed by a majority vote of the members. 205 
His or her successor shall be elected to serve for the balance 206 
of the removed chairperson's term. The chairperson is 207 
responsible to ensure records are kept of the proceedings of the 208 
board of directors and is the custodian of all books, documents, 209 
and papers filed with the board; the minutes o f meetings of the 210 
board; and the official seal of Prospect Del Vista, Inc. 211 
 (3)  Each member of the board of directors shall serve for 212 
a term of 4 years, except that initially one of the appointments 213 
of the President of the Senate and of the Speaker of the House 214 
of Representatives shall serve a term of 2 years to achieve 215 
staggered terms among the members of the board. A member is not 216 
eligible for reappointment to the board, except that any member 217 
appointed to a term of 2 years or less may be reappointed for an 218 
additional term of 4 years. The initial appointments to the 219 
board must be made by November 15, 2024. A vacancy on the board 220 
of directors shall be filled by the officer who originally 221 
appointed the member. A vacancy that occurs before the scheduled 222 
expiration of the term of the member shall be filled for the 223 
remainder of the unexpired term. 224 
 (4)  The Legislature determines that it is in the public 225     
 
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interest for the members of the board of directors to be subject 226 
to the requirements of ss. 112.3135, 112.31 43, and 112.313, 227 
notwithstanding the fact that the board members are not public 228 
officers or employees. For purposes of those sections, the board 229 
members shall be considered to be public officers or employees. 230 
In addition to the postemployment restrictions of s. 112.313(9), 231 
a person appointed to the board of directors must agree to 232 
refrain from having any direct interest in any contract, 233 
franchise, privilege, project, program, or other benefit arising 234 
from an award by Prospect Del Vista, Inc., during the ter m of 235 
his or her appointment and for 2 years after the termination of 236 
such appointment. It is a misdemeanor of the first degree, 237 
punishable as provided in s. 775.082 or s. 775.083, for a person 238 
to accept appointment to the board of directors in violation of 239 
this subsection or to accept a direct interest in any contract, 240 
franchise, privilege, project, program, or other benefit granted 241 
by Prospect Del Vista, Inc., to an awardee within 2 years after 242 
the termination of his or her service on the board. Further, 243 
each member of the board of directors who is not otherwise 244 
required to file financial disclosure under s. 8, Art. II of the 245 
State Constitution or s. 112.3144 shall file disclosure of 246 
financial interests under s. 112.3145. 247 
 (5)  Each member of the board of d irectors shall serve 248 
without compensation, but may be reimbursed for travel and per 249 
diem expenses as provided in s. 112.061 incurred in the 250     
 
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performance of his or her duties. 251 
 (6)  Each member of the board of directors is accountable 252 
for the proper performa nce of the duties of office, and each 253 
member owes a fiduciary duty to the people of the state to 254 
ensure that awards provided are disbursed and used, and 255 
investments are made, as prescribed by law and contract. An 256 
appointed member of the board of directors may be removed by the 257 
officer that appointed the member for malfeasance, misfeasance, 258 
neglect of duty, incompetence, permanent inability to perform 259 
official duties, unexcused absence from three consecutive 260 
meetings of the board, arrest or indictment for a crime that is 261 
a felony or a misdemeanor involving theft or a crime of 262 
dishonesty, or pleading nolo contendere to, or being found 263 
guilty of, any crime. 264 
 (7)  The board of directors shall meet at least quarterly, 265 
upon the call of the chairperson or at the re quest of a majority 266 
of the membership, to review the investment fund, establish and 267 
review priorities for economic improvement and augmentation in 268 
gaming concentrated counties, and determine use of the earnings 269 
available. A majority of the members of the b oard of directors 270 
constitutes a quorum. Members may not vote by proxy. 271 
 (8)  The Secretary of Commerce, or his or her designee, and 272 
the Secretary of Environmental Protection, or his or her 273 
designee, must be available to consult with the board of 274 
directors and may be requested to attend meetings of the board 275     
 
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of directors. These individuals may not vote on any matter 276 
before the board. 277 
 (9)(a)  Prospect Del Vista, Inc., may hire or contract for 278 
all staff necessary to the proper execution of its powers and 279 
duties. The corporation must retain: 280 
 1.  An independent certified public accountant licensed in 281 
this state pursuant to chapter 473 to inspect the records of and 282 
to audit the expenditure of the earnings and available principal 283 
disbursed by Prospect Del Vista, Inc. 284 
 2.  An independent financial advisor to assist Prospect Del 285 
Vista, Inc., in the development and implementation of a 286 
strategic plan consistent with the requirements of this act. 287 
 3.  An economic advisor to assist in the award process, 288 
including the development of priorities, allocation decisions, 289 
and the application and process; assist the board in determining 290 
eligibility of award applications and the evaluation and scoring 291 
of applications; and assist in the development of award 292 
documentation. 293 
 4.  A legal advisor with expertise in not -for-profit 294 
investing and contracting and who is a member of The Florida Bar 295 
to assist with contracting and carrying out the intent of this 296 
act. 297 
 (b)  Prospect Del Vista, Inc., shall require all employees 298 
of the corporation to comply with the code of ethics for public 299 
employees under part III of chapter 112. Staff retained under 300     
 
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paragraph (a) must agree to refrain from having any direct 301 
interest in any contract, franchise, privilege, project, 302 
program, or other benefit arisi ng from an award by Prospect Del 303 
Vista, Inc., during the term of his or her appointment and for 2 304 
years after the termination of such appointment. 305 
 (c)  Staff retained under paragraph (a) must be available 306 
to consult with the board of directors and must attend meetings 307 
of the board of directors. These individuals may not vote on any 308 
matter before the board. 309 
 Section 6.  Section 288.406, Florida Statutes, is created 310 
to read: 311 
 288.406  Prospect Del Vista, In c., board of directors; 312 
powers.—In addition to the powers and duties prescribed in 313 
chapter 617 and the articles and bylaws adopted in compliance 314 
with that chapter, the Prospect Del Vista, Inc., board of 315 
directors may: 316 
 (1)  Make and enter into contracts and other instruments 317 
necessary or convenient for the exercise of its powers and 318 
functions. 319 
 (2)  Make expenditures including any necessary 320 
administrative expenditure from earnings consistent with its 321 
powers. 322 
 (3)  Adopt, use, and alter a common corporate seal. 323 
Notwithstanding any provision of chapter 617 to the contrary, 324 
this seal is not required to contain the words "corporation not 325     
 
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for profit." 326 
 (4)  Adopt, amend, and repeal bylaws not inconsistent with 327 
the powers granted to the corporation or the articles of 328 
incorporation, for the administration of the activities of 329 
Prospect Del Vista, Inc., and the exercise of its corporate 330 
powers. 331 
 (5)  Notwithstanding s. 15.03, use the state seal when 332 
appropriate for standard corpora te identity applications. Use of 333 
the state seal is not intended to replace use of a corporate 334 
seal as provided in subsection (3). 335 
 336 
The credit of the State of Florida may not, under any 337 
circumstances, be pledged on behalf of Prospect Del Vista, Inc. 338 
 Section 7.  Section 288.407, Florida Statutes, is created 339 
to read: 340 
 288.407  Prospect Del Vista, Inc.; duties. —Prospect Del 341 
Vista, Inc., has the following duties: 342 
 (1)  Manage responsibly and prudently all funds received, 343 
and ensure that the use of such funds is in accordance with 344 
applicable laws, bylaws, and contractual requirements. 345 
 (2)  Administer the program created under this act. 346 
 (3)  Monitor, review, and annually evaluate awardees and 347 
their projects or programs to determine whether an award should 348 
be continued, terminated, reduced, or increased. 349 
 (4)  Operate in a transparent manner by maintaining a 350     
 
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website that provides public access to information, notice of 351 
meetings, awards, and the status of projects and programs. 352 
 Section 8.  Section 288.408, Flo rida Statutes, is created 353 
to read: 354 
 288.408  Prospect Del Vista, Inc., awards. — 355 
 (1)  Prospect Del Vista, Inc., shall make awards from 356 
available earnings and principal derived under s. 288.404(2) to 357 
projects or programs that meet the priorities for economi c 358 
improvement and augmentation in gaming concentrated counties. 359 
Awards may be provided for any of the following: 360 
 (a)  Ad valorem tax reduction within gaming concentrated 361 
counties. 362 
 (b)  Payment of impact fees adopted pursuant to s. 363 
163.31801 and imposed w ithin gaming concentrated counties. 364 
 (c)  Administrative funding for economic development 365 
organizations located within gaming concentrated counties. 366 
 (d)  Local match requirements of ss. 288.0655 and 288.0659 367 
for projects in gaming concentrated counties. 368 
 (e)  Economic development projects in gaming concentrated 369 
counties. 370 
 (f)  Infrastructure projects that are shown to enhance 371 
economic improvement and augmentation in gaming concentrated 372 
counties. 373 
 (g)  Grants to local governments in gaming concentrated 374 
counties to establish and maintain equipment and trained 375     
 
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personnel for local action plans of response to respond to 376 
disasters, such as plans created for the Coastal Impacts 377 
Assistance Program. 378 
 (h)  Grants to support programs of excellence that prepare 379 
students for future occupations and careers at K -20 institutions 380 
that have home campuses in gaming concentrated counties. 381 
Eligible programs include those that increase students' 382 
technology skills and knowledge; encourage industry 383 
certifications; provide rigorous, alternative pathways for 384 
students to meet high school graduation requirements; strengthen 385 
career readiness initiatives; fund high -demand programs of 386 
emphasis at the bachelor's and master's level designated by the 387 
Board of Governors; and, similar to or the same as talent 388 
retention programs created by the Chancellor of the State 389 
University System, Chancellor of the Florida College System, and 390 
the Commissioner of Education, encourage students with interest 391 
or aptitude for science, technology, engineering, mat hematics, 392 
and medical disciplines to pursue postsecondary education at a 393 
state university within gaming concentrated counties. 394 
 (i)  Grants to the tourism entity created under s. 288.1226 395 
for the purpose of advertising and promoting tourism, Fresh From 396 
Florida, or related content on behalf of gaming concentrated 397 
counties. 398 
 (2)  Prospect Del Vista, Inc., shall establish an 399 
application procedure for awards and a scoring process for the 400     
 
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selection of projects and programs that have the potential to 401 
generate increased economic activity in gaming concentrated 402 
counties, giving priority to projects and programs that: 403 
 (a)  Generate maximum estimated economic benefits, based on 404 
tools and models not generally employed by economic input -output 405 
analyses, including cost -benefit, return-on-investment, or 406 
dynamic scoring techniques to determine how the long -term 407 
economic growth potential of the gaming concentrated counties 408 
may be enhanced by the investment. 409 
 (b)  Increase household income in the gaming concentrated 410 
counties. 411 
 (c)  Expand high growth industries or establish new high 412 
growth industries in gaming concentrated counties. 413 
 1.  Industries that are supported must have strong growth 414 
potential in gaming concentrated counties. 415 
 2.  An industry's growth potential is defined based on a 416 
detailed review of the current industry trends nationally and 417 
the necessary supporting asset base for that industry in gaming 418 
concentrated counties. 419 
 (d)  Leverage or further enhance key regional ass ets, 420 
including educational institutions, research facilities, and 421 
military bases. 422 
 (e)  Partner with local governments to provide funds, 423 
infrastructure, land, or other assistance for projects. 424 
 (f)  Have investment commitments from private equity or 425     
 
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private venture capital funds. 426 
 (g)  Provide or encourage seed stage investments in start -427 
up companies. 428 
 (h)  Provide advice and technical assistance to companies 429 
on restructuring existing management, operations, or production 430 
to attract advantageous business op portunities. 431 
 (i)  Benefit the environment in addition to the economy. 432 
 (j)  Provide outcome measures for programs of excellence 433 
support, including terms of intent and metrics. 434 
 (k)  Partner with K-20 educational institutions or school 435 
districts located wi thin gaming concentrated counties. 436 
 (l)  Partner with convention and visitor bureaus, tourist 437 
development councils, or chambers of commerce located within 438 
gaming concentrated counties. 439 
 (3)  Prospect Del Vista, Inc., may make awards as 440 
applications are rec eived or may establish application periods 441 
for selection. Awards may not be used to finance 100 percent of 442 
any project or program. Prospect Del Vista, Inc., may require a 443 
one-to-one private-sector match or higher for an award, if 444 
applicable and deemed prud ent by the board of directors. An 445 
awardee may not receive all of the earnings or available 446 
principal in any given year. 447 
 (4)  A contract executed by Prospect Del Vista, Inc., with 448 
an awardee must include provisions requiring a performance 449 
report on the contracted activities, must account for the proper 450     
 
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use of funds provided under the contract, and must include 451 
provisions for recovery of awards in the event the award was 452 
based upon fraudulent information or the awardee does not meet 453 
the performance requireme nts of the award. Awardees must 454 
regularly report to Prospect Del Vista, Inc., the status of the 455 
project or program on a schedule determined by the corporation. 456 
 Section 9.  Section 288.409, Florida Statutes, is created 457 
to read: 458 
 288.409  Gaming concentra ted county audits.— 459 
 (1)  The scope of a financial audit conducted pursuant to 460 
s. 218.39 shall include any funds awarded under s. 288.408. The 461 
scope of review includes, but is not limited to, compliance with 462 
state laws related to the receipt and expenditure of such funds. 463 
 (2)  Every 2 years, the Auditor General shall conduct an 464 
operational audit as defined in s. 11.45 of a local government 465 
entity's funds awarded under s. 288.408 to evaluate the local 466 
government entity's performance in administeri ng laws, policies, 467 
and procedures governing the expenditure of funds awarded under 468 
s. 288.408 in an efficient and effective manner. The scope of 469 
review includes, but is not limited to, evaluating internal 470 
controls, internal audit functions, reporting and p erformance 471 
requirements required for use of the funds, and compliance with 472 
state law. The audit shall include any funds the local 473 
government entity receives or expends which were awarded under 474 
s. 288.408. 475     
 
HB 1125  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 Section 10.  This act shall take effect upon becoming a 476 
law. 477