Joint Legislative Auditing Committee

Financial Emergencies

The Joint Legislative Auditing Committee (Committee) is required to be notified when the following governmental entities have either met one or more conditions of a financial emergency, as defined in s. 218.503(1), F.S., or if one or more of these conditions will occur if action is not taken to assist the entity:

• Counties
• Municipalities
• Special Districts
• District School Boards
• Charter Schools
• Charter Technical Career Centers

For counties, municipalities, and special districts, Committee staff, in coordination with the Office of the Governor, monitors the financial condition of those local governmental entities that have met one or more of the financial emergency conditions and provides assistance at the request of the Office of the Governor and the discretion of the Committee or the Chair. The Office of the Governor makes a determination as to whether the entity is in a state of financial emergency.

For district school boards, charter schools, and charter technical career centers, the Commissioner of Education contacts the entity to determine what actions have been taken to resolve or prevent the condition and makes a determination as to whether the entity is in a state of financial emergency. Committee staff provides assistance at the request of the Commissioner’s Office and the discretion of the Committee or the Chair. See ss. 218.503(3) and (4)(a)-(b), F.S.

1. What is a condition of a financial emergency?

The conditions of a financial emergency, as defined in s. 218.503(1), F.S. are:

1. Failure within the same fiscal year in which due to pay short-term loans or failure to make bond debt service or other long-term debt payments when due, as a result of a lack of funds.
2. Failure to pay uncontested claims from creditors within 90 days after the claim is presented, as a result of a lack of funds.
3. Failure to transfer at the appropriate time, due to lack of funds:
   1. Taxes withheld on the income of employees; or
   2. Employer and employee contributions for:
      1. Federal social security; or
      2. Any pension, retirement, or benefit plan of an employee.
4. Failure for one pay period to pay, due to lack of funds:
   1. Wages and salaries owed to employees; or
   2. Retirement benefits owed to former employees.

2. Who is required to notify the Committee when an entity has met, or is expected to meet, a condition of a financial emergency?

Both the entity that has met, or is expected to meet, a condition of a financial emergency (s. 218.503(2), F.S.) and the Auditor General (s. 11.45(7)(e), F.S.) are required to notify the Committee.

Counties, municipalities, and special districts are required to notify the Office of the Governor and the Committee when it has been determined that one or more of the financial emergency conditions have occurred or will occur if action is not taken to assist the entity.

District school boards are required to notify the Commissioner of Education and the Committee. Charter schools and charter technical career centers are required to notify their sponsor, the Commissioner of Education, and the Committee. The notification must occur when it is determined that one or more of the financial emergency conditions have occurred or will occur if action is not taken to assist the district, school, or center.

The Auditor General is required to notify the Committee and the Governor or the Commissioner of Education, as appropriate, when an audit reviewed pursuant to s. 11.45(7)(e), F.S., contains a statement that an entity has met one or more of the conditions of a financial emergency.

3. How should an entity notify the Committee that it has met a financial emergency condition?

Entities required to notify the Committee may choose one of the following options:

• Electronically: jlac@leg.state.fl.us
  (Please include “Financial Emergency Condition” in the subject line; Committee staff will reply to the message to acknowledge receipt.)
• Mail:
     Joint Legislative Auditing Committee
     111 West Madison St., Room 876
     Tallahassee, FL 32399-1400
•  Fax: (850) 922-5667

Correspondence should be addressed to the Committee's Chair, Senator Jay Collins.

Counties, municipalities, and special districts may notify the Governor's Office using one of the following options:

• Electronically: cig218@eog.myflorida.com
  (Please include “Financial Emergency Condition” in the subject line.)
• Mail:  
     Executive Office of the Governor
     Office of the Chief Inspector General
     The Capitol, Room 1902
     Tallahassee, FL 32399-0001
• Telephone: (850) 717-9264
• Fax: (850) 921-0817

District school boards may notify the Department of Education (DOE), Bureau of School Business Services, using one of the following options:

• Electronically: askoffr@fldoe.org
  (Please include “Financial Emergency Condition” in the subject line.)
• Telephone: (850) 245-0405

Charter schools and charter technical career centers may notify the DOE using one of the following options:

• Electronically: charterschools@fldoe.org
  (Please include “Financial Emergency Condition” in the subject line.)
• Telephone: 1-800-447-1636
• Fax: (850) 245-0960

4. Is there a way to look online to determine if an entity has met a condition of a financial emergency?

Yes, if the entity’s audit report has been posted on the Auditor General’s website. Most of the audits of local governmental entities and charter schools and some district school boards are performed by private certified public accountants (CPA / CPA firms). These audits are posted online after the entity has submitted the audit report to the Auditor General and it has been reviewed. Audits performed by the Auditor General are posted online soon after their release. Audits of local governmental entities are due no later than nine months after the end of the fiscal year (due June 30th for most entities). Audits of district school boards, charter schools, and charter technical career centers are also due no later than nine months after the end of the fiscal year (due March 31st).

To access audit reports that have been performed by private CPAs / CPA firms:

• Begin on the Auditor General’s Web site (https://flauditor.gov/);
• Select "Reports" and then "Reports Submitted to the Auditor General” (at top of page)
• At the bottom of the page, under the heading "Reports Submitted by Entity Type," select the type of entity (Counties, School Districts, Florida Virtual School, Charter Schools and Technical Career Centers, Nonprofits / For-Profits, Municipalities, or Special Districts).  Note: County audits contain the audits of all County Constitutional Officers (Clerk of Circuit Courts, Property Appraiser, Sheriff, Supervisor of Elections, and Tax Collector); and
• Select the entity and then the desired financial report. The list includes all entities that have filed an audit report for the specified fiscal year. You may access the available audit reports by selecting an individual entity.

For district school board audits performed by the Auditor General's Office, a finding would be included in the audit report. To access those audit reports:

• Begin on the Auditor General's Web site (https://flauditor.gov/);
• Select "Reports" and then "Reports Issued by the Auditor General (at top of page);
• Under the heading "Searchable Listing of Reports," select from a drop down list from one or more of the following categories:
  • Fiscal year (for example 2022, which lists reports issued during the 2021-22 fiscal year);
  • Entity type (District School Boards and Related Entities);
  • Entity Audited (i.e., a specific District School Board); and/or
  • Engagement Type (Federal Awards, Financial Audit, Operational Audit)
• Select the report number for the desired audit report from the listing.

In addition, some entities post their audit report(s) on their own websites. You may want to search for the keyword "audit" or "ACFR" on an entity's website. ACFR is the annual comprehensive financial report.

The entity’s auditor is required to include a statement in the Management Letter as to whether or not the entity has met one or more of the conditions described in s. 218.503(1), F.S. For example, the Management Letter (see the first paragraph of PDF page 35 of the revised audit report) for the Buckeye Park Community Development District for the 2020-21 fiscal year indicates the special district has met one of the conditions and provides a brief explanation as required by the Rules of the Auditor General.

Due to the frequency the Committee is notified of entities meeting a financial emergency condition, there is not a comprehensive list of all entities that have met a condition available online at the present time.

5. What is the difference between meeting a condition of a financial emergency and being in a state of financial emergency?

Prior to 2004, there was no distinction. Entities that met a condition of a financial emergency were, by law, determined to be in a state of financial emergency. Since the approval of Chapter 2004-305, L.O.F., the Governor (or designee) or the Commissioner of Education, as appropriate, is required to review the circumstances of each entity that has met a condition of a financial emergency and make a determination as to whether state assistance is needed. If state assistance is deemed necessary, the entity is declared to be in a state of financial emergency.

In some situations, when an entity meets a condition of a financial emergency, the entity is experiencing serious financial troubles, and major steps may be required to correct the situation. In other situations, while an entity may technically meet a condition of a financial emergency, the condition is more the result of a timing issue.

Local Government Financial Emergency (Counties, Municipalities, Special Districts)

6. Which local governmental entities have been determined to be in a state of financial emergency?

As of September 25, 2024 (date of the most recent annual report presented by the Governor's Office of the Chief Inspector General), the following local governmental entities are in a state of financial emergency:

Municipalities

• Caryville, Town of
• Eatonville, Town of
• Gretna, City of
• Hampton, City of
• Noma, Town of
• Opa-locka, City of
• Pahokee, City of
• Wausau, Town of
• Westville, Town of

On June 1, 2016, the Governor issued Executive Order Number 16-135 declaring the City of Opa-locka (City) to be in a state of financial emergency. A nine-member financial emergency board was established to oversee the activities of the City until the termination of state action pursuant to s. 218.504, F.S.

The Governor's Office released the following municipalities from financial emergency status in recent years:

1. City of Hawthorn (released on November 20, 2020)
2. Indian Creek Village (released on November 15, 2018)
3. City of Paxton (released on November 15, 2018)
4. City of South Bay (released on July 5, 2018)
5. City of Webster (released on December 9, 2020)

Special Districts

• Crossings at Fleming Island CDD, The
• Eastpoint Water and Sewer District
• Hamilton County Development Authority
• Heritage Isles Community Development District
• Leon County Educational Facilities Authority
• Suwannee Valley Transit Authority
• Suwannee Water and Sewer District

The Governor's Office released the following special districts from financial emergency status in recent years:

1. Disston Island Conservancy District (released on November 15, 2018)
2. Fallschase Community Development District (released on December 9, 2020)
3. Heritage Harbor Community Development District (released on December 9, 2020)
4. Ocean Highway and Port Authority of Nassau County (released on December 9, 2020)
5. Reserve Community Development District (released on November 15, 2018)
6. St. Johns Improvement District, formerly known as St. Johns Water Control District (released on December 7, 2018)
7. St. Lucie West Services District (released on November 15, 2018)
8. Stoneybrook Community Development District (released on December 9, 2020)
9. Viera East Community Development District (released on November 20, 2020)

Note: With the exception of the City of Opa-locka, all of the above-noted entities were added to the financial emergency list prior to the 2004 law revision.

7. What occurs when a local governmental entity is determined to be in a state of financial emergency?

In accordance with s. 218.503(3), F.S., upon receiving notification, the Governor’s Office is required to contact the entity to determine what actions have been taken by the entity to resolve or prevent the financial emergency condition. The entity must provide all information requested by the Governor’s Office within 45 days after the date of the request. If the entity does not comply with the request for information, the Governor’s Office is required to notify the Committee who may take action pursuant to s. 11.40(2), F.S.

Depending on the severity of the situation, in accordance with s. 218.503(3), F.S., the Governor’s Office may implement any and all of the following measures:

• Requiring approval of the entity’s budget by the Governor;
• Authorizing a state loan to an entity and providing for repayment of same;
• Prohibiting an entity from issuing bonds, notes, certificates of indebtedness, or any other form of debt until such time as the entity is no longer subject to this section of law;
• Making inspections and reviewing records, information, reports, and assets of the entity;
• Consulting with officials and auditors of the entity regarding any steps necessary to bring the accounts, accounting systems, financial procedures, and reports into compliance with state laws;
• Providing technical assistance to the entity;
• Establishing a financial emergency board to oversee the activities of the entity;
• Requiring and approving a plan, prepared by officials of the entity in consultation with the appropriate state officials, prescribing actions that will cause the entity to no longer be subject to this section of law.

As an example, in 2004, the Governor and officials of a town in central Florida signed a State and Local Agreement of Cooperation between the Governor and the town. The agreement continues today and provides that the town submit, to the Governor’s Office for approval, its annual budget, any requested amendments to the budget throughout the year, and the annual audited financial statements. The budget information provided must be in sufficient detail necessary for staff to analyze the underlying assumptions contained in all estimates of revenues and expenditures. In addition, the agreement provides that the town may not enter into any form of debt or liability, which exceeds 12 months for repayment, without prior written approval of the Governor’s Office. (Note: The agreement includes other provisions that have not been discussed in this paragraph.)

If the Governor’s Office determines that a financial emergency board needs to be established to oversee the actions of a local governmental entity, the Governor would appoint board members and select a chair. Next, either an Executive Order by the Governor would be signed or a State and Local Agreement of Cooperation would be entered into between the Governor and the entity’s governing board, which provides the oversight authority of the board and its anticipated functions. Pursuant to s. 218.503(3)(g)1., F.S., the board may:

• Make such reviews of records, reports, and assets of the entity as needed;
• Consult with officials and auditors of the entity and the appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and report of the entity into compliance with state requirements;
• Review the operations, management, efficiency, productivity, and financing of functions and operations of the entity.

The recommendations and reports made by the board must be submitted to the Governor for appropriate action.

8. Once a local governmental entity is determined to be in a state of financial emergency, what needs to occur before it is released from financial emergency status?

According to s. 218.504, F.S., all of the following must occur:

• The original financial emergency condition has been resolved;
• No new financial emergency conditions exist; and
• The entity has established and is operating an effective financial accounting and reporting system.

9. Who should I contact if I have additional questions?

If you want to know if the Office of the Governor or the Committee have been notified that a local governmental entity has met a condition of a financial emergency, you may send an e-mail to the Office of the Governor at cig218@eog.myflorida.com (please include “Financial Emergency Condition” in the subject line) or call (850) 717-9264 or to the Committee at jlac@leg.state.fl.us or call (850) 487-4110.

If you want to know if the Office of the Governor has determined whether a local governmental entity has been determined to be in a state of financial emergency, you may send an e-mail to the Office of the Governor at cig218@eog.myflorida.com (please include “Financial Emergency Condition” in the subject line) or call (850) 717-9264.

Educational Entities Financial Emergency (District School Boards, Charter Schools, Charter Technical Career Centers)

10. Which educational entities have been determined to be in a state of a financial emergency?

District School Boards

Two district school boards have been determined to be in a state of financial emergency in the past 15 years, Jefferson County in August 2016 and in April 2009 and Taylor County in March 2008. As described above, these two school districts notified the Commissioner of Education that their respective general fund's unreserved fund balance had fallen below either 2 or 3 percent of their general fund revenues (Jefferson County for the 2014-15 fiscal year, and both Jefferson County and Taylor County earlier for both the 2008-09 and 2009-10 fiscal years).

On August 10, 2016, the Commissioner of Education informed the superintendent and the school board of Jefferson County School District (District) that the Department of Education had reviewed the District's financial recovery plan and determined that it was not sufficient to avoid a financial emergency, as determined by s. 218.503, F.S. Therefore, the District was declared to be in a state of financial emergency. On August 12, 2016, the State Board of Education appointed a financial emergency board to assist the District in resolving the financial emergency conditions. The State Board of Education had previously appointed a financial emergency board in April 2009 to provide suport and financial ovesight to the District. In April 2017, with the approval of the State Board of Education, the Jefferson County School Board approved a 5-year contract with a charter school company to run the day-to-day operations of the District. The charter school company assumed control of District operations starting with the 2017-18 school year. In February 2022, DOE released the District from state financial oversight with some caveats. 

The Florida Association of District School Superintendents, at the request of the Commissioner of Education, worked closely with the superintendent and the school board of Taylor County School District and the Department of Education to provide technical assistance services, including proposing an economic recovery plan and monitoring the implementation of such a plan.

Charter Schools and Charter Technical Career Centers

None, per DOE, Office of Independent Education and Parental Choice.

11. Who should I contact if I have additional questions?

If you want to know if the Commissioner of Education or the Committee have been notified that an educational entity has met a condition of a financial emergency, you may contact DOE or the Committee as noted below:

• DOE: For district school boards, you may send an e-mail to askoffr@fldoe.org (please include "Financial Emergency Condition" in the subject line) or call (850) 245-0405.
• DOE: For charter schools and charter technical career centers, you may send an e-mail to charterschools@fldoe.org (please include "Financial Emergency Condition" in the subject line), send a fax to (850) 245-0960, or call 1-800-447-1636.
• Committee: You may send an e-mail to jlac@leg.state.fl.us (please include "Financial Emergency Condition" in the subject line) or call (850) 487-4110.

If you want to know if the Commissioner of Education has determined whether an educational entity has been determined to be in a state of a financial emergency:

• For district school boards, you may send an e-mail to askoffr@fldoe.org (please include "Financial Emergency Condition" in the subject line) or call (850) 245-0405.
• For charter schools and charter technical career centers, you may send an e-mail to charterschools@fldoe.org (please include "Financial Emergency Condition" in the subject line), send a fax to (850) 245-0960, or call 1-800-447-1636.

Related Links:

Audits of local governmental entities (Posted on the Auditor General's website):

• Begin on the Auditor General’s Web site (https://flauditor.gov/);
• Select "Reports" and then "Reports Submitted to the Auditor General";
• At the bottom of the page, under the heading "Reports Submitted by Entity Type," select the type of entity (Counties, School Districts, Municipalities, Charter Schools and Technical Career Centers, etc.).
• Select the entity and the desired fiscal year report.

Auditor General – Financial Emergency Guidelines (Local Governmental Entities)

Auditor General - Financial Emergency Guidelines (District School Boards, Charter Schools, and Charter Technical Career Centers)

Office of the Chief Inspector General

Department of Education
  District School Boards

• Section 1011.051, Florida Statutes - Guidelines for general funds.
• DOE Office of Funding & Financial Reporting (web page includes access to school district financial reporting documents)

  Charter Schools and Charter Technical Career Centers

• Charter School Statutes,Rules & Model Forms
• Technical Assistance Publications and Resources (includes Financial Condition Rule Training and Financial Recovery Plan Guidelines under "Financial/Funding" section)

 

Last updated: February 2025