THE BILL ITSELF
SB 780
Government Waste and Misconduct
Florida Senate - 2026 SB 780 By Senator Berman 26-00504A-26 2026780__
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A bill to be entitled
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An act relating to government waste and misconduct;
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requiring the Office of Program Policy Analysis and
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Government Accountability, the Auditor General, and
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the Government Efficiency Task Force to prepare a
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specified report; requiring that the report include an
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investigation and evaluation of all state spending;
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requiring that the report be submitted to specified
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parties; requiring the Attorney General to take
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certain actions to recover specified funds; requiring
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that such recovered funds be transferred to the
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General Revenue Fund and used for a certain purpose;
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creating s. 409.1466, F.S.; creating the Working
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Floridians Tax Rebate Program within the Department of
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Commerce for a certain purpose; requiring that the
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program be funded in a specified manner; defining the
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term “waste”; granting certain state funds to people
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and households that received the federal Earned Income
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Tax Credit and meet certain criteria; requiring the
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department to calculate the rebate and disburse funds
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within a specified timeframe; requiring the department
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to submit to the Governor, the Cabinet, and the
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Legislature a certain report by a specified date;
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prohibiting receipt of the rebate from being used in
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certain program eligibility determinations;
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authorizing the department to adopt emergency rules;
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providing applicability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. (1) The Office of Program Policy Analysis and
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Government Accountability, the Auditor General, and the
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Government Efficiency Task Force shall work together to prepare
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a report identifying fraud, waste, abuse of authority,
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malfeasance, mismanagement, and misconduct in state government.
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The report must include an investigation and evaluation of all
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state spending, including, but not limited to:
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(a) Spending related to Executive Order 23-03, including
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contracts related to the South Florida Detention Facility, also
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known as “Alligator Alcatraz”; funds related to deploying
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Florida law enforcement to Texas; and funds used for migrant
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deportation flights, self-deportation flights, and the
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Unauthorized Alien Transport Program.
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(b) Spending by the Department of Children and Families,
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the Department of Juvenile Justice, the Agency for Persons with
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Disabilities, the Department of Elderly Affairs, the Department
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of Veterans’ Affairs, the Statewide Guardian ad Litem Office,
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CareerSource Florida, Inc., the Agency for Health Care
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Administration, and the Division of Emergency Management,
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related to the “Hope Florida: A Path to Prosperity” initiative
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launched in 2021, and subsequent Hope Florida program
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initiatives, including, but not limited to, the Hope Florida
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Foundation, Inc., the Hope Florida hotline, the Hope Florida
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website and online “CarePortal,” the Hope Florida Network, and
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the Hope Florida Fund. The report must also identify the number
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of full-time equivalent employees in state agencies who are
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currently working on Hope Florida functions, the extent to which
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preexisting full-time equivalent employees were repurposed to
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work for Hope Florida functions, and all contracts for goods or
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services entered into by state agencies to further the Hope
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Florida mission.
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(c) Spending on contracts for litigation costs and private
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attorney services.
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(d) Efforts related to the Florida Accountability and
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Fiscal Oversight Office within the Department of Financial
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Services and the Department of Government Efficiency established
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in Executive Order 25-44 and whether such efforts are
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duplicative of the existing Government Efficiency Task Force.
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(e) Spending related to Florida Department of
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Transportation Engineering and Operations Memorandum 25-01.
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(f) Spending related to the Canadian Prescription Drug
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Importation Program established under s. 381.02035, Florida
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Statutes.
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(g) Spending related to the use of ivermectin in treating
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cancer.
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(h) Programs and tracking tools related to books and
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educational materials which are duplicative of previous methods.
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(i) The assessment required by s. 1001.03(19)(b), Florida
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Statutes, including an evaluation of the assessment’s response
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rate, accuracy, and whether the information from the assessment
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could be gathered through other existing research.
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(j) New College of Florida’s per-student spending as
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compared to other state colleges and universities.
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(k) Spending related to Step Up For Students-Florida, Inc.
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(l) The acquisition of approximately 4 acres in Okaloosa
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County from Pointe Mezzanine, LLC, and Pointe Resort, LLC,
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pursuant to s. 174, chapter 2025-198, Laws of Florida.
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(m) Spending related to proposed Amendments 3 and 4 to the
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State Constitution from the 2024 general election, on all of the
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following:
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1. Public service announcements, advertisements, or other
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public information messaging pertaining to recreational cannabis
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use, abortion access, or other subject matter relevant to
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proposed Amendments 3 and 4.
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2. Legal costs incurred defending such public service
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announcements, advertisements, or other public information
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messaging.
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3. Legal costs incurred related to cease and desist letters
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sent to television stations and threatened prosecution.
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(2) The report required under subsection (1) must identify:
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(a) Spent funds lost to fraud, waste, malfeasance,
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mismanagement, or misconduct.
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(b) Unspent funds at risk of being lost to fraud, waste,
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malfeasance, mismanagement, or misconduct.
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(3) The report must be submitted to the Governor, the
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President of the Senate, the Speaker of the House of
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Representatives, and the Attorney General.
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(4) The Attorney General shall pursue legal remedies to
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recover any funds identified in paragraph (2)(a). Any such
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recovered funds shall be transferred to the General Revenue Fund
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to be used to fund the Working Floridians Tax Rebate Program
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established in s. 409.1466, Florida Statutes.
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(5) The funds identified in paragraph (2)(b) shall be
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immediately transferred to the General Revenue Fund to be used
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to fund the Working Floridians Tax Rebate Program established in
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s. 409.1466, Florida Statutes.
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Section 2. Section 409.1466, Florida Statutes, is created
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to read:
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409.1466 The Working Floridians Tax Rebate Program.—
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(1) The Working Floridians Tax Rebate Program is created
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within the Department of Commerce to provide low- or moderate
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income residents relief on sales taxes, fuel taxes, property
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taxes, or other taxes and fees such residents pay in this state
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during the year, consistent with the goals of the federal Earned
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Income Tax Credit. The program shall be funded exclusively with
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moneys identified as being at risk of being lost to waste or
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recovered after being lost to waste. As used in this subsection,
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the term “waste” includes fraud, malfeasance, mismanagement, and
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misconduct.
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(2) Each person or household that qualifies for and
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receives the federal Earned Income Tax Credit in a specific year
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may receive funds from the state if the person or household does
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all of the following:
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(a) Maintains a Florida residence on the federal income tax
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return during the tax year in which the person or household is
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applying for the Working Floridians Tax Rebate Program.
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(b) Applies to the Department of Commerce, using a form
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developed by the Department of Commerce, no later than June 30
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of the year in which the federal Earned Income Tax Credit was
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received.
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(c) Provides the Department of Commerce with documentation
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verifying the receipt and specific amount of the federal Earned
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Income Tax Credit.
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(3) Within 30 days after receiving a completed application
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and verifying the information required under subsection (2), the
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Department of Commerce shall issue a check or remit funds using
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direct deposit to the person or household in an amount equal to
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20 percent of the amount of the federal Earned Income Tax Credit
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that the person or household received.
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(4) The Department of Commerce shall prepare and submit a
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report by December 31, 2027, to the Governor, the Cabinet, the
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President of the Senate, the Speaker of the House of
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Representatives, the Minority Leader of the Senate, and the
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Minority Leader of the House of Representatives which addresses
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the feasibility of creating and implementing an automatic
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Working Floridians Tax Rebate Program using data provided by the
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Internal Revenue Service or another federal agency so that a
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person or household may receive the funds from the state without
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having to complete an annual application and provide
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documentation under subsection (2).
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(a) If the Department of Commerce determines that an
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automatic program is not feasible, the report must identify
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specific barriers to the creation of an automatic program and
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provide proposed solutions to remove the barriers.
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(b) If the Department of Commerce determines that an
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automatic program is feasible, the report must include a
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legislative proposal to implement the automatic program.
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(5) Receipt of a rebate under this section may not be used
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to determine a person’s eligibility for Medicaid, Florida
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Kidcare, cash assistance, or the Supplemental Nutrition
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Assistance Program established under 7 U.S.C. ss. 2011 et seq.
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Section 3. (1) The Department of Commerce is authorized,
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and all conditions are deemed to be met, to adopt emergency
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rules pursuant to s. 120.54(4), Florida Statutes, for the
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purpose of implementing s. 409.1466, Florida Statutes.
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(2) Notwithstanding any other law, emergency rules adopted
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pursuant to subsection (1) are effective for 6 months after
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adoption and may be renewed during the pendency of procedures to
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adopt permanent rules addressing the subject of the emergency
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rules.
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Section 4. This act applies to the federal Earned Income
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Tax Credit granted beginning on or after January 1, 2027.
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Section 5. This act shall take effect July 1, 2026.