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2000-01 Appropriations 09/20/2000 1Bannp lL. }&olbage BRANCH OFFICE 3117 OVERSEAS mGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 2lM:eM 0 RAN DUM CLERK OF lHE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 1'JVI. t;:su:>) L~o-~ BRANCH OFFICE 88820 OVERSEAS mGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 DATE: October 3, 2000 TO: Theresa Westerfield, Court Administrator Judicial Services AITN: Amelia Roberts Administrative Assistant Pamela G. Hanco~ Deputy Clerk U FROM: At the September 20,2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Grant-In-Aid Agreement between Monroe County and the Office of the State Courts Administrator for continuation of the Civil Traffic Infraction Hearing Officer Program in Monroe County. Enclosed please find two duplicate originals executed on behalf of Monroe County for your handling. Please be sure that the fully executed "Clerk's Original" is returned to our office as soon as possible. Should you have any questions please feel free to contact our office. Cc: County Administrator w/o document County Attorney FinancCj File ./ ~ 1~fi.-~t. ~rn. ~ lilt.. (., A:"':~~ CLeRK'S ORIGiNAl. ( c:: ~ ~ ...... tJ ~ ~ ~ The OSCA will pay the Grantee $14,475.24 as a 50/50 matching grant-in-aid pursuant to ~ Specific Appropriation 2712 of the 2000-01 General Appropriations Act for establishment L~ or continuation of a civil traffic infraction hearing officer program in Monroe County. ~ Upon receipt of a written request for release of funds, the OSCA will make a lump sum payment to the Grantee. The Grant Manager will oversee the establishment, administration and operation of the civil traffic infraction hearing officer program. Grant-in-aid Agreement for the Civil Traffic Infraction Hearing Officer Program in Monroe County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Monroe County Board of County Commissioners (the "Grantee"), and the Sixteenth Circuit (the "Grant Manager"). The parties agree that: The Grantee will use grant funds to pay up to $50 per hour for services of a full- or part-time hearing officer appointed by the chief judge, and for other expenses necessary to operate the program, including hearing officer training, office rental, furniture, and administrative staff salaries. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than September 25, 2000. The Grantee, in consultation with the Chief Judge of the Sixteenth Circuit, will submit a detailed, written plan for use of grant funds and operation of the hearing officer program to the OSCA no later than September 25, 2000. The Grantee will comply with hearing officer caseload reporting requl.fements 0 implemented January 1, 1999 by the OSCA. The Grantee's failure to 1Ji>mify \\oIMn 2! reporting requirements will be grounds for termination of the Agreen@,t?i{~ ;:::: ;:;; ,..,,~-~ co 0 The Grantee will invest grant funds that are surplus to current needs <t;~~ing' .." distributio!l in accordance with the r~quirements of ~219.075, Florid~~te~:-rh~ Grantee wIll return to the OSCA all mterest accrued on grant funds ~ ~~rs~ to:::7.:) the General Revenue Fund unallocated. ="': .::: rrr r~1 ? ~ ("") The Grantee will release grant funds in accordance with Monroe Co{rntiPur~ini policies and rules. 0 The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial brari.ch, or a state agency. D. The Grantee, as a "Recipient" of state funds, and will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: A. B. C. . . The Grantee will use grant monies provided under this.-Agreement in accordance with the requirements of ~~318.30-318.38, Florida Statutes~ and rule 6.630, Florida Rules of Traffic Court. 1. 2. 3. 4. 5. 6. 7. 1. In the event that the Recipient expends a total amount of State awards equal to or in excess of$300,000 in the Recipient's fiscal year, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the Comptroller, and chapter 10.600, Rules of the Auditor General, as revised. lof2 >; - - 1~\)\'\ \) 0.n ' () RtCfJ \Jf (Attachment A) Revisions to chapter 10.600, Rules of the Auditor General are anticipated to be complete in September, 2000. Applicable rules ofthe Executive Office ofthe Governor, Comptroller and Auditor General, and other information pertaining to the Florida Single Audit Act can be found at: http://sun6.dms.state.fl. us/fsaaJ. 2. The Catalog of State Projects establishes that state funds were awarded to the . . Recipient through the State Courts System, Office of the State Courts Administrator. (Attachment B) ! 3. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the State Courts System, except that State awards received by a no.nstate entity for Federal program matching requirements shall be excluded from consideration. 4. The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. (Attachment C) Compliance includes submission of a reporting package as defined by section 215.97(2)(d), Florida Statutes, and chapter 10.600, Rules of the Auditor General, as revised. 5. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. 6. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audit requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state [mancial assistance. 7. The Recipient shall submit copies of reporting packages required by section 215.97 to each of the following: a. The Office of the State Courts Administrator at the following address: Kaaren Davoli Grants Administrator Office of the State Courts Administrator 500 South Duval Street Tallahassee, FL 32399-1900 .b. The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 8. The Recipient shall retain sufficient records demonstrating compliance with the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the OSCA access to such records upon request. The Recipient shall ensure that audit working papers are made avaIlable to the OSCA upon request for a 20f2 period of 4 years from the date the audit report is issued, unless extendl ~Nt~ 0 OCT I 0 2( by the OSCA. 9. Pursuant to section 215.97, the OSCA, the Florida Supreme Court Inspector General, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. E. This Agreement is subject to the following terms and conditions: 1. The Grantee will hold title to any equipment purchased with grant funds. 2. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. 3. If, in the judgment of the OSCA, the Grantee for any reason fails to comply with the terms of this Agreement, the OSCA will have the right to terminate the Agreement on 30 days written notice by certified mail. In the event 01 termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with this Agreement, for reversion to the General Revenue Fund or the County Article V Trust Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2001. -=. 8-20...,'1 M~ ru~ by 1>14 ot!- FLORIDA SUPREME COURT, OFFICE OF GRANTEE THE STA E COURT ADMINISTRATOR cl'w,~~~1kI The Honorable hirley Freeman, Mayor on behalf of cOt} Monroe ~~ ~ '111.0/0. Date GRANT MANAGER IE '7/' joo ~- 6/3fJ/Q I 30f2 Civil Traffic Infraction Hearing Officer Grant-in-Aid R E,C E I V ED 00 1 0 200n._ County/Circuit: Monroe/16th Amount of Award: $ 14,475.24 Grant, FY2000-01 Total Budget: $ 28,950.48 (Grant plus Match) Cat ory PERSONNEL FULL TIME E UIV ALENT Grant-in-aId , Spending Plan County Cash County In-Kind Match Match Sub-Totals ._"-,~ "'".1,::'.'- >.~ na-~l'A'1JJJP~t<<<OC OTHER PERSONNEL SERVICES CONTRACTUAL AGREEMENTS Heari Officer @ $50/hr-$8525..'00 Clerical Assistant @ $14/hr 4774.00 $8525.00 4174.00 " ~vr T\}~"iW>ll!<hn'l"'. 'A'r!nn:l1"~tl':T~'t'l', ' . , ;(m~;;L~o.~.~A,tS;"(lQJ>1$I:'A4~...~~~~i..(3! - EXPENSE earing Officer Travel to 1176.24 ddle & Upper.Key~ for beari s 1176.24 p::"....-'~c;~I ;:\:~ ':-i~ ~C">-.3":.' S:G.Jb~,Q;V'~~~ OTHER CAPITAL OUTLAY OCO ~~~~ ... I ~ITu~_t.CiH'~-..'rd;'i''';;n-';': , . . '.' h.w.L1)~Q> lQ. FIXED CAPITAL OUTLAY ~-,(:.""~~:"'~~~"'>:;.'~' >t~;-- BY DATE Civil Traffic Infraction Hearing Officer Program Grant-in-Aid Release Request REe[ I V ED OCT 1 0 1000 ATTN: -KttfuGll DA(oli '\)DfV)(l1?r~ Grants Administrator Office of the State Courts Administrator Florida Supreme Court Building . 500 South Duval Street Tallahassee, Florida 32399-1900 Dear Kaaren Davoli: IyGrrdance with the Grant-in-Aid Agreement executed with r<\ '0 Y R'DE County, the \ Judicia) Circuit, and the Office of the State Courts Administrator, I hereby request the release of$ f1'.c.{.l~ 2.+ as specified in the Agreement for fiscal year 2000-01. The amount is equal to the~in-aid to the county. Please make check payable to ((\O'(\(() ~ CD un~ eoatft of en u..c~ QIM\Vl\i l~ i' 0 f\L(S At the address or ~ f1 '(\{tn 0- ~t. J 500 (,) hi:ttY1fO.L S\ ~ ili>~ (t.- J Jot{-o Sincerely, ~ ,(O~/ ~OY\~OQ., ~~ Circuit/County } lo.rida Single Audit Act - Executive Office of the Governor Page 1 of 13 oait Act ,~~:f,h> ", . rJ/A ~ Section 215.97/ Florida Statutes, mo'(\(ot- Awu C/v Florida Single Audit Act '\e.ss ~(lX\ < - ~ Z ~ i u < ~ ~ < 1. The purposes of the section are to: If]OO 000.- .J 2. Definitions: as used in this section. the term: 3. The Executive Office of the Governor shall: 4. The Comptroller shall: 5. Each state awarding agency shall: 6. As a condition of receiving state financial assistance. each recipient that provides state financial assistance to a subrecipient shall: 7. Each recipient or subrecipient of state financial assistance shall comply with the following: 8. The independent auditor when conducting a state single audit of recipients or subrecipients shall: 9. The independent auditor. when conducting a state proiect- . specific audit of recipients or subrecipients. shall: 10. The Auditor General shall: Note: HB 2377, effective July 1, 2000, revised and renumbered the Florida Single Audit Act from Section 216.3491, Florida Statutes, to Se~ion 215.97, Florida Statutes. Whereas the 2000 Florida Statutes have not yet been published, the following version is prepared from HB 2377. This webpage will be updated as necessary when the 2000 Florida Statutes are published. 215.97 Florida Single Audit Act.-- 1. The purposes of the section are to: a. Establish uniform state audit requirements for state financial assistance provided by state agencies to nonstate entities to carry out state projects. b. Promote sound financial management, including http://sun6.dms.state.fl. us/fsaalstatutes.html 7/27/2000 '/i"<londa :Smgle AudIt Act - Florida EOG Page 1 of 1 CONTENTS OF THE CATALOG I SEARCH/BROWSE THE CATALOG I ADDITiONS/DELETIONS/CHANGES TO THE CATALOG CSFA Number State Project Title State AgenCy ~ .22...QQl CIVIL TRAFFIC INFRACTION HEARING OFFICERS State Court System ~ Z .ll....QQJ COUNTY ARTICLE V TRUST FUND State Court System ~ .22....OQQ COURT REPORTER SERVICES State Court System ~ 2U!.U COURT SYSTEM SERVICES FOR CHILDREN AND YOUTH State Court System == U .22.....Q1..2. COURT SYSTEM TECHNOLOGY IMPROVEMENTS State Court System < ~ ~ FAMILY COURTS State Court System ~ 22..QQ2. NEIGHBORHOOD JUSTICE CENTER State Court System < .2.2J!.1Q PLANT CITY SATELLITE CENTER State Court System 21...Q!M SMALL COUNTY COURTHOUSE FAOlITIES State Court System --~ ~ TRUANCY PROGRAM State Court System Return To Top Florida Single Audit Act I Cataloo of State Financial Assistance I State Proiects Compliance Supplement I Rules of the Executive Office of the Governor I Section 215.97. Aorida Statutes. Florida Single Audit Act I Links to Related Sites ~ f~-1'h~ (tv--- bo~J. WJ1V{-') "-/ 00- &rt6l/~ 1.~/~IJ http://fcn.state.fl.uslowa_fsaa/owalfsaa_www. pkg_ fsaasearc4.search JesuIts 7/27/2000 . . . Fiorida Single Audit Act - FIe 'a EOG Page 1 of2 Applicant Type: Local Government ~. Restrictions: Funding is limited to circuits that have 3 or more county judges. Circuits/counties must match state funding dollar for dollar. The maximum allocation for any county is determined by dividing the number of county judges in the county by five and multiplying the result by $25,000. The Office ofthe State Courts Administrator alerts each circuit through a memorandum regarding the availability of funds. ' Prospective applicant circuits must submit a spending plan to the Office ofthe State Courts Administrator. Once approved, each county enters into a written Grant-in-Aid Agreement with the Office of the State Courts Administrator which provides, in part, that the county submit a detailed written plan for use of grant funds prior to the release of funds. Deadlines are stipulated in the Grant-in-Aid Agreement between the county and the Office ofthe State Courts Administrator. Office of the State Courts Administrator, Finance and Accounting, 500 South Duval Street, Tallahassee, FL 32399 Telephone: (850)488-3737 or SUNCOM 278-3737 CFSA Number: State Project Title: Agency: Program: Budget Entity: Specific Appropriation: Authorization: Objectives: Types Of Assistance: Pre-Application Notice: Applica.tion Procedures: Award Procedures: Deadlines: Information Contact: CONTENTS OF THE CATALOG I SEARCH/BROWSE THE CATALOG I ADDmoNS/DELETIONS/CHANGES TO THE CATALOG 22.001 CIVIL TRAFFIC INFRACTION HEARING OFFICERS State Court System Trial Courts Court Operations - Circuit Courts 2712 General Appropriations Act To provide traffic hearing officers for the circuit courts as enumerated in Sections 318.30 through 318.38, Florida Statutes. Grants httn-Ilchn? rime ct!JItp fl llC'/f"c~'3 ';rt~ 1.f"C"",,, "Turn, _1,....... +...................,.."...._...-1-. ...1....+.-:1_I'l_r..J_ _ _ ...J _ _....___ '.""'10"'1"\ ,.., 1""'" l"'r\AJ"\ . Florida Single Audit Act - FIe- - ~a EOG Page 2 of2 Web Address: . http://www.flcourts.org.( There are no specific compliance requirements for this project. Go here for more information. Return To Top Florida Single Audit Act I Catalog of State Financial Assistance, State Proiects Compliance Supplement I Rules of the Executive Office of the Governor' Section 215.97. Florida Statutes. Florida Single Audit Act 'links to Related Sites htto://sun2.dms.state. fl_u~f.c:aa iop. .If.,,::!::! WWUT nko f<:';B.ep<>r"h "tpt<>iJC'?"f'rt<> ""rio ..f-r-')'){){) 7 /'l7 /'l{){){) Fiorid;1 Single Audit Act - Plor -ta EOG u ~ Z ~ ~ == U ~ ~ ~ < Page 1 of 12 PART ONE: BACKGROUND. APPLICABILITY. AND OVERVI~ I PART TWO: MATRIX OF COMPLIANCE REQUIREMENTS I PART THREE: COMPLIANCE REQUIREMENTS I PART FOUR: STATE PROJECT COMPLIANCE REQUIREMENTS I PART FIVE: INTERNAL CONTROLS I PART SIX: GUIDANCE FOR AUDITING PROJECTS NOT INCLUDED IN THE COMPLIANCE SUPPLEMENT I APPENDIX A: LIST OF CHANGES PART THREE - Compliance Requirements Activities Allowed or Unallowed I Allowable Costs I Cash Management I Eligibility I Equipment and Real Property Management I Matching I Period of Availability of State ~ I Reporting I Subrecipient Monitoring J Special Tests and Provisions · Downloadable Compliance ReQuirements in Word Format · Downloadable Compliance ReQuirements in pdf Format Adobe Acrobat Reader is needed to download pdf files. Free Downloadable Adobe Acrobat Reader The objectives of most compliance requirements for state projects are generic in nature. For example, many projects have eligibility requirements for individuals or organizations. While the criteria for determining eligibility vary by project, the objective of the compliance requirement that only eligible individuals or organizations participate is consistent across all state projects. Rather than repeat these compliance requirements, audit objectives, and suggested audit procedures for each of the projects contained in Part Four - State Project Compliance Requirements, they are, provided once in Part Three. For each project in the Compliance Supplement, Part Four contains additional information about the compliance requirements that arise from laws and rules applicable to each project, including requirements specific to each project that should be tested using the guidance in Part Three. Auditors shall consider the compliance requirements and related audit objectives in Parts Three and Four in every audit of nonstate entities required by the Florida Single Audit Act. In making a determination not to test a compliance requirement, the auditor must conclude that the requirement either does not apply to the particular nonstate entity, or that noncompliance with the requirement could not have a material effect on a major project. The descriptions of compliance requirements in Parts Three and Four are generally summaries of the actual compliance requirements. The auditor should refer to the referenced laws and rules for complete compliance requirements. http://sun6.dms.state.fl.us/fsaalcomplianceJequirements.html 7/27/2000 Florida Single Audit Act - Fl(l"':rfa EOG Page 2 of 12 The suggested audit procedures are provided to assist auditors in planning and performing tests of nonstate entity compliance with the requirements of state projects. Auditor judgment will be necessary to determine whether the suggested audit procedures are sufficient to achieve the stated audit objective and whether additional or alternative audit procedures are needed. Because of the diversity of systems in place among nonstate entities, Part Three does not include suggested audit procedures to test internal control. The auditor must determine appropriate procedures to test internal control on a case-by-case basis considering factors such as the nonstate entity's internal control, the compliance requirements, the audit objectives for compliance, the auditor's assessment of control risk, and the audit requirement to test internal controls as prescribed in Section 215.97(8), Florida Statutes. However, Part Five - Internal Controls; provides the objectives of internal controls and certain characteristics of internal control that, when present and operating effectively, may ensure compliance with the requirements enumerated in Parts Three and' Four. Return To Top A. Activities Allowed or Unallowed Compliance Requirements This compliance requirement specifies the activities that can or cannot be funded under a specific project. The specific requirements for activities allowed or disallowed are unique to each state project and are found in the laws, rules, and the provisions of contracts or grant agreements. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives Determine whether state financial assistance was expended only for allowable activities. . Suggested Audit Procedures 1. Identify the types of activities that are either specifically allowed or prohibited by the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. 2. When allowability is determined based upon summary level data, perform procedures to verify that: a. Activities were allowable. b. Individual transactions were properly classified and accumulated into the activity total. http://sun6.dms.state.fl.us/fsaa/complianceJequirements.html 7/27/2000 Plori<la Single Audit Act - Flor-la EOG Page 3 of 12 3. When allowability is determined based upon individual transactions, select a sample of transactions and perform procedures to verify that the transaction was for an allowable activity . 4. The auditor should be alert for transfers of funds from project accounts that may have been used to fund unallowable activities. Return To Top B. Allowable Costs Compliance Requirements Entities are prohibited from using grant funds for lobbying the legislature. (Section 216.347, Florida Statutes). Also, restrictions of expenditures are summarized in the Voucher Processing Handboqk of the Department of Banking and Finance. Other specific requirements for allowable costs are unique to each state project and are found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives Determine whether expenditures of state financial assistance were for allowable costs. Suggested Audit Procedures 1. Identify the types of costs that are either specifically allowed or prohibited by the laws, rules, and provisions of contracts or grant agreements pertaining to the project. 2. Select a sample of transactions and perform procedures to verify that the transactions were for an allowable 'cost and not for lobbying the legislature or other prohibited uses. Return To Top C. Cash Management Compliance Requirements State agencies which are expressly authorized by law to make advances for project startup or contracted services in total or periodically, shall limit such advances to other governmental entities and nonprofit entities. The amount to be advanced may not exceed the expected cash needs of the recipient within the initiai 3 months. Thereafter disbursements are to be made only on a reimbursement basis. The Comptroller, after consultation with the http://sun6.dms.state.fl. uslfsaa/compIi ance Jequirements.html 7/27/2000 Plbrida Single Audit Act - Flor-t:} EOG Page 4 of 12 . . appropriations committee, may advance funds beyond a 3-month requirement if it is determined to be consistent with the intent of the approved operating budget. Any agreement that provides for advances may contain a clause that permits the recipient to temporarily invest the proceeds, provided that any interest income either be returned to the agency or applied against the agency's obligation to the pay the contract amount. (Section 216.181, Florida Statutes) Specific cash management requirements unique to a state project may be found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives 1. Determine that cash management procedures are in accordance with Section 216.181, Florida Statutes, and other laws, rules, and the provisions of contracts or grant agreements pertaining to the state project. . 2. Determine that interest income, when allowable, is correctly recorded and returned to the state agency or applied against the contract or grant agreement. Suggested Audit Procedures 1. Review reimbursement requests and trace to supporting documentation. Ensure' that costs for which reimbursement was requested were paid prior to the date of the reimbursement request. 2. Determine whether any interest income was owed to the state agency and either remitted to the agency or applied against amounts owed by the state agency. Return To Top D. Eligibility Compliance Requirements This compliance requirement specifies the criteria for determining the beneficiaries (individuals or groups of individuals), or the subrecipients that can participate in the project and the amounts for which they qualify. The specific requirements for eligibility are unique to each state project and are found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives 1. Determine whether required eligibility determinations were made and that only eliQible beneficiaries (individuals or http://stm6.dms.state.fl. us/fsaalcompliance requirements.html 7/27/2000 'Florida Single Audit Act - Fl0";tja EOG Page 5 of12 . - . groups of individuals), participated in the project. 2. Determine that subawards were made only to eligible subrecipients. 3. Determine that amounts provided to, or on behalf of, eligible beneficiaries and subrecipients were calculated in accordance with project requirements. Suggested Audit Procedures 1. Eligibility for Beneficiaries: a. For state projects with large numbers of people receiving benefits, the nonstate entity may use a computer.system for processing individual eligibility_ determinations and delivery of benefits. In such cases the auditor should perform audit procedures relative to any computer systems used for determining eligibility as may be necessary to support the opinion on compliance. b. Perform audit procedures to ascertain if the nonstate entity's records/database includes all individuals or , groups of individuals receiving benefits during the audit period. c. Perform tests to determine whether: the nonstate entity performed the required eligibility determination and the individual or group of individuals was determined to be eligible; benefits were calculated correctly and in compliance with requirements of the project; and benefits were discontinued when the period of eligibility ended. 2. Eligibility for Subrecipients a. If the determination of eligibility is based upon an approved application or plan, obtain a copy of this document and identify the applicable eligibility requirements. b. Select a sample of the awards to subrecipients and perform procedures to verify that the subrecipients were eligible and amounts awarded were within funding limits. Return To Top E. Equipment and Real Property ManagemeQt_ Compliance Requirements This requirement specifies the use, management, and disposition of http://sun6.dms.state.fl. us/fsaa/compliance _ requirements.html 7/27/2000 Florida Single Audit Act - Flor J~ EOG Page 6 of 12 equipment and real property acquired with state financial assistance. If compliance with Section 216.348, Florida Statutes, is required by the appropriations bill, the nonprofit entity must execute a written agreement with the state agency pursuant to the following: The nonprofit entity that acquires real property with the grant, or that owns real property upon which an improvement is being constructed, renovated, altered, modified, or maintained with the grant, must execute, deliver and record in the county in which the subject property is located an agreement that prohibits the nonprofit entity from selling, transferring, mortgaging, or assigning its interest in the real property during the term of the agreement unless approved by the state agency . For the nonprofit entity that does not acquire real property or does not own the real property being improved, the agreement shall prohibit the nonprofit entity from selling, transferring, mortgaging, or assigning its interest in the leasehold, improvements, renovations, or personality, unless approved by the agency. Additionally, the nonprofit entity shall execute and deliver a security instrument, financing statement, or other appropriate document securing the interest of the state agency. All agreements must require the nonprofit entity to continue the operation, maintenance, repair and administration of the property in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specified by the bill appropriating the grant or, failing to do so, the nonprofit entity must return to the state agency grant funds as specified by law. All agreements must require that the nonprofit entity adopt an accounting system in compliance with generally accepted accounting principles, which shall provide for a complete record of the use of the grant money. All agreements must require the nonprofit entity to purchase and maintain insurance on behalf of the directors, officers, and employees of the nonprofit entity against any personal liability or accountability by reason of actions taken while acting within the scope of their authority. All agreements must require the nonprofit entity to return any portion of the grant money received that is not necessary to the purchase of the land, or to the cost of the improvements, renovations, and personality, for whirh th13 nr~nt w~c: ~w~rrf13rf http://sun6.dms.state.fl. uslfsaa/compliance requirements.html 7/27/2000 F10rida Single Audit Act - Flor' -{a EOG Page 7 of 12 .....-.. ~..- :"'~"~ ..-- ~..~.~-~. The state agency may require that the nonprofit entity obtain a blanket fidelity bond, in the amount of the grant, which will reimburse the agency in the event that anyone handling the grant money either misappropriates or absconds with the grant moneys. (Section 216.348, Florida Statutes) Other requirements for equipment and real property management are unique to each state project and are found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives 1. Determine whether the nonstate entity maintains proper records for equipment and adequately safeguards and maintains equipment. 2. Determine whether disposition of any equipment or real property acquired under state awards is in accordance with laws, rules, and the provisions of contracts and grant agreements. 3. Determine whether the nonprofit entity receiving grant funds was subject to and complied with the requirements of Section 216.348, Florida Statutes. Suggested Audit Procedures 1. Determine the population of equipment and real property acquisitions made with the state financial assistance. 2. Review any physical inventory records and determine whether any differences between physical inventory and equipment records were resolved. 'Physically inspect a sample of equipment identified as acquired with state financial assistance. ' ... 3. Select a sample of equipment transactions and test for compliance with laws, rules, and the provisions of contracts or grant agreements. 4. Determine whether the nonstate entity disposed of equipment or real property acquired with state financial assistance in accordance with laws, rule, and provisions of contracts or grant agreements pertaining to the project. 5. For a nonprofit entity subject to Section 216.348, Florida Statutes, determine the following: a. That the nonprofit entity that acquired real property with the arant. or that owned real orooertv uoon which http://sun6.dms.state.fl. us/fsaa/comp liance requirements.html 7/27/2000 Horida Single Audit Act - FlorO " EOG Page 8 of 12 - . . . , . an improvement was being constructed, renovated, altered, modified, or maintained with the grant, executed, delivered and recorded in the county in which the subject property was located an agreement that prohibited the nonprofit entity from selling, transferring, mortgaging, or assigning its interest in the real. property during the term of the agreement unless approved by the agency. / b. That the nonprofit entity that did not acquire real property or did not own the real property being improved, executed and delivered a security instrument,. financing statement, or other. appropriate document securing the interest of the state agency. (Refer to Chapter 679, Florida Statutes, Uniform Commercial Code regard.ing the filing and perfecting ,of a security instrument.) c. That the nonprofit entity continued the operation, maintenance, repair and administration of the property in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specified by the bill appropriating the grant, or, if failing to do so, returned to the state agency grant funds as specified by law. d. That the nonprofit entity adopted an accounting system in compliance with generally accepted accounting principles, which provided for a complete record of the use of the grant money. e. That the nonprofit entity purchased and maintained insurance on behalf of the directors, officers, and employees of the nonprofit entity against any personal liability or accountability by reason of actions taken while acting within the scope of their authority. f. That the nonprofit entity returned any portion of the grant money received that was not necessary to the purchase of the land,. or to the cost of the improvements, renovations, and personality,. for which the grant was awarded. g. That, if required by the state agency, the nonprofit entity obtained a blanket fidelity bond, in the amount of the grant. h. That the nonprofit entity complied with any other requirements specified by the state agency in the agreement. Return To Top F. Matching ~omnli9n('p. Rp.nllirp.mp.nt~ http://sun6.dms.state.fl. us/fsaa/compliance reQuirements.html 7/27/2000 Flbrida Single Audit Act - Flor'.... EOG Page 9 of 12 - ---r------ ----.--- -------- This requirement specifies the acceptable contributions of a stated amount or percentage to match state awards. Matching may be in the form of allowable costs incurred or in-kind contributions. The specific requirements for matching are unique to each state project and are found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives Determine whether the minimum amount or percentage of contributions or matching funds was provided. Suggested Audit Procedures 1. Perform tests to verify that the required matching contributions were met. 2. Ascertain the sources of matching contributions and perform tests to verify that they were from an allowable source. 3. Test records to corroborate that the values placed on in-kind contributions are in accordance with laws, rules, and provisions of the contract or grant agreement pertaining to the project. Return To Top G. Period of Availability of State Funds Compliance Requirements This requirement specifies the time period during which the nonstate entity may use the state financial assistance. The specific requirements for the availability of funds are unique to e~ch state project and are found in the iaws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives Determine whether state funds were obligated within the period of availability and obligations were liquidated within the required time period. Suggested Audit Procedures 1. Review laws, rules, and contracts or grant documents pertaining to the project, determine any award-specific requirements related to the period of availability, and http://sun6.dms.state.fl. us/fsaa/compliance requirements.html 7/27/2000 Florida Single Audit Act - Flo- . '1 EOG Page 10 of12 document the availability period. 2. Test a sample of transactions that were charged to the state project after the end of the period of availability and verify that the underlying obligations occurred within the period of availability. 3. Test a sample of transactions that were charged to the state- project during the period of availability and verify that the uhderlying obligations occurred within the period of availability . Return To Top H. Reporting Compliance Requirements This requirement specifies the type(s) of financial, performance, and special reporting to be prepared by the nonstate entity as a result of receiving state financial assistance. The specific requirements for reporting are unique to each state project and are found in the laws, rules, and the provisions of contracts or grant agreements pertaining to the project. For projects listed in the Compliance Supplement, these specific requirements are in Part Four. Audit Objectives Determine whether required reports include all activity of the reporting period, are supported by applicable accounting or performance records, and are fairly presented in accordance with project requirements. Suggested Audit Procedures 1. Review award documents and rules pertaining to the project and determine any award-specific reporting requirements. 2. Perform analytical procedures on reported amounts, " ascertaining the reason for any unexpected differences. 3. Select a sample of reports and test specified line items for accuracy and completeness. Return To Top I. Subrecipient Monitoring Compliance Requirements Nonstate entities that provide state financial assistance to a subrecipient shall: provide to a subrecipient information needed by - - - . . http://sun6.dms.state.fl. uslfsaa/compliance reauirements.html 7/27/2000 Florida Single Audit Act - Flo 1 EOG Page 11 of 12 the subrecipient to comply with the requirements of the Florida Single Audit Act; review subrecipient audit reports, including management letters, to the extent necessary to determine whether timely and appropriate corrective action has been taken; perform such other procedures as specified inthe terms and conditions of the written agreement with the state agency including any required monitoring of the subrecipient's use of state financial assistance through site visits, limited scope audits, or other specified procedures; and require that the subrecipient provide access to its records to the nonstate entity's independent auditor, the state awarding agency, the Comptroller, and the Auditor General. (Section 215.97, Florida Statutes) For projects listed in the Compliance Supplement, other requirements are provided in Part Four. Audit Objectives 1. Determine whether award information and compliance requirements were identified in award documents to subrecipients. 2. Determine whether the nonstate entity identified all applicable subrecipient audits and monitored the receipt thereof. 3. Determine whether subrecipient audits, including management letters, were reviewed. 4. Determine whether specific requirements regarding subrecipients addressed in the recipient's agreement with the state agency, including any required monitoring of the subrecipient's use of state financial assistance through site visits, limited scope audits, or other specified procedures, were met. 5. Determine whether subrecipient agreements required that access to records be provided as required by law. Suggested Audit Procedures 1. Review award documents to ascertain if the nonstate entity made subrecipients aware of information and requirements, including the required access to records. 2. Verify that the nonstate entity had a system in place to monitor the receipt of audit reports from subrecipients required to have a state single audit, including follow-up procedures when required audits were not made or were made but not in accordance with Section 215.97, Florida Statutes. 3. Verify that the nonstate entity reviewed subrecipient audits, including management letters, to determine whether timely and appropriate corrective action was taken with respect to audit findings and recommendations pertaining to the state financial assistance provided. htto://sun6.dms.state.f1. us/fsaa/comoliance reouirements. htm 1 7/? 7/? 000 FI~rida Single Audit Act - FIe 'a EOG Page 12 of 12 4. Determine whether other procedures specified in the terms and conditions of the written agreement with the state agency, including any required monitoring through on-site visits, limited scope audits, or other procedures, have been performed. Return To Top J. Special Tests and Provisions Compliance Requirements The specific requirements for Special Tests and Provisions are unique to each state project and are found in the laws, regulations, .and the provisions of contracts or grant agreements pertaining to. the project. For projects listed in the Supplement, the compliance requirements, audit objectives, and suggested audit procedures for Special Tests and Provisions are in Part Four, State Projects Compliance Requirements. For projects not listed in this supplement, the auditor shall review referenced laws, rules, and the project's contracts or grant agreements to identify the compliance requirements and develop the audit objectives and audit procedures for Special Test and Provisions which could have a direct and material effect on a major project. The auditor should also inquire of the nonstate entity to help identify and understand any Special Tests and Provisions. PART ONE: BACKGROUND. APPUCABILITY. AND OVERVIEW I PART TWO: MATRIX OF COMPUANCE REQUIREMENTS I PART THREE: COMPUANCE REQUIREMENTS I PART FOUR: STATE PROJECT COMPUANCE REOUIREMENTS I PART FIVE: INTERNAL CONTROLS I PART SIX: GUIDANCE FOR AUDmNG PROJECTS NOT INCLUDED IN THE COMPUANCE SUPPLEMENT I APPENDIX A: UST OF CHANGES Return To Top Florida Sinole Audit Act I Catalog of State Finandal Assistance I State Proiects Compliance Supplement I Rules of the Executive Office of the Governor I Section 215.97. Florida Statutes. Florida Single Audit Act I Links to Related ~ ' htto://stm6.dms.state. fl.u!'>/f"::I::I/~()mnli;m~p. Tf'nllirf'mf'nt<:: htm 1 7 n 7 n()()()