House Bill 0077c2

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    Florida House of Representatives - 1999            CS/CS/HB 77

        By the Committees on Governmental Operations, Financial
    Services and Representatives Flanagan, Crow, Wallace, Bainter,
    Goode, Bitner, Turnbull and Fasano




  1                      A bill to be entitled

  2         An act relating to state financial matters;

  3         amending s. 17.05, F.S.; specifying certain

  4         powers of the Comptroller and the Department of

  5         Banking and Finance; providing requirements;

  6         specifying procedures, rights, and requirements

  7         for enforcing compliance with certain

  8         subpoenas; providing for assessing certain

  9         costs under certain circumstances; amending s.

10         17.076, F.S.; providing for payment of

11         retirement benefits by direct deposit; amending

12         s. 20.12, F.S.; specifying purposes and duties

13         of the Comptroller; deleting divisions of the

14         department; creating the Office of Financial

15         Investigations; specifying the function of the

16         office; providing for a separate budget for the

17         office; amending s. 20.04, F.S.; providing an

18         exception to the required state government

19         structure for the Department of Banking and

20         Finance; providing for future repeal of certain

21         provisions; amending s. 110.1165, F.S.;

22         deleting a reference for purposes of specifying

23         a statute of limitations for certain purposes;

24         specifying a time limit for filing actions to

25         recover certain compensation; providing

26         application; amending s. 112.061, F.S.;

27         providing for designees of agency heads to

28         perform specified functions; relating to per

29         diem and travel expenses; amending s. 215.422,

30         F.S.; deleting certain requirements relating to

31         vendors and state purchasing agreements and

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  1         warrants; correcting an accounting subsystem

  2         reference; amending s. 216.011, F.S.; revising

  3         a definition; amending s. 216.102, F.S.;

  4         revising duties of the Comptroller relating to

  5         preparing and publishing certain financial

  6         information; requiring the Comptroller to

  7         prepare and publish a Comprehensive Annual

  8         Financial Report; correcting an accounting

  9         subsystem reference; amending s. 273.02, F.S.;

10         revising a definition; amending ss. 17.11,

11         215.3206, 215.3208, 216.183, 216.212, 216.237,

12         280.08, 288.778, 494.0011, 494.0017, 494.0041,

13         494.00421, 494.0061, 494.0062, 494.0072,

14         497.407, 497.435, 516.03, 520.998, 655.90, and

15         655.942, F.S., to conform; providing

16         compatibility with s. 216.351, F.S.; providing

17         an effective date.

18

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

20

21         Section 1.  Section 17.05, Florida Statutes, is amended

22  to read:

23         17.05  Subpoenas; sworn statements; enforcement

24  proceedings May examine under oath parties and persons privy

25  to accounts.--

26         (1)  The Comptroller of this state may demand and

27  require full answers on oath from any and every person, party

28  or privy to any account, claim, or demand against or by the

29  state, such as it may be the Comptroller's his or her official

30  duty to examine into, and which answers the Comptroller may

31  require to be in writing and to be sworn to before the

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  1  Comptroller or the department himself or herself or before any

  2  judicial officer or clerk of any court of the state so as to

  3  enable the such Comptroller to determine decide as to the

  4  justice or legality of such account, claim, or demand.

  5         (2)  In exercising authority under this chapter, the

  6  Comptroller or his or her designee may:

  7         (a)  Issue subpoenas, administer oaths, and examine

  8  witnesses.

  9         (b)  Require or permit a person to file a statement in

10  writing, under oath or otherwise as the Comptroller or his or

11  her designee requires, as to all the facts and circumstances

12  concerning the matter to be audited, examined, or

13  investigated.

14         (3)  Subpoenas shall be issued by the Comptroller or

15  his or her designee under seal commanding such witnesses to

16  appear before the Comptroller or the Comptroller's designee or

17  the department at a specified time and place and to bring

18  books, records, and documents as specified or to submit books,

19  records, and documents for inspection.  Such subpoenas may be

20  served by an authorized representative of the Comptroller or

21  the department.

22         (4)  In the event of noncompliance with a subpoena

23  issued pursuant to this section, the Comptroller or the

24  department may petition the circuit court of the county in

25  which the person subpoenaed resides or has his or her

26  principal place of business for an order requiring the

27  subpoenaed person to appear and testify and to produce books,

28  records, and documents as specified in the subpoena.  The

29  court may grant legal, equitable, or injunctive relief,

30  including, but not limited to, issuance of a writ of ne exeat

31  or the restraint by injunction or appointment of a receiver of

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  1  any transfer, pledge, assignment, or other disposition of such

  2  person's assets or any concealment, alteration, destruction,

  3  or other disposition of subpoenaed books, records, or

  4  documents, as the court deems appropriate, until such person

  5  has fully complied with such subpoena and the Comptroller or

  6  the department has completed the audit, examination, or

  7  investigation.  The Comptroller or the department is entitled

  8  to the summary procedure provided in s. 51.011 and the court

  9  shall advance the cause on its calendar.  Costs incurred by

10  the Comptroller or the department to obtain an order granting,

11  in whole or in part, such petition for enforcement of a

12  subpoena shall be charged against the subpoenaed person, and

13  failure to comply with such order shall be a contempt of

14  court.

15         Section 2.  Subsection (8) is added to section 17.076,

16  Florida Statutes, to read:

17         17.076  Direct deposit of funds.--

18         (8)  Effective July 1, 2000, all new recipients of

19  retirement benefits from this state shall be paid by direct

20  deposit of funds. A retiree may request from the department an

21  exemption from the provisions of this subsection when such

22  retiree can demonstrate a hardship. The department may pay

23  retirement benefits by state warrant when deemed

24  administratively necessary.

25         Section 3.  Section 20.12, Florida Statutes, is amended

26  to read:

27         20.12  Department of Banking and Finance.--There is

28  created a Department of Banking and Finance.

29         (1)  The head of the Department of Banking and Finance

30  is the Comptroller.

31

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  1         (2)  As provided in s. 4(d), Art. IV of the State

  2  Constitution, the purpose of the Comptroller is to serve as

  3  the chief fiscal officer of the state, and shall settle and

  4  approve accounts against the state.

  5         (3)  The Comptroller shall execute the programs and

  6  policies as adopted by the Legislature. The following

  7  divisions are established within the Department of Banking and

  8  Finance:

  9         (a)  Division of Accounting and Auditing.

10         (b)  Division of Administration.

11         (c)  Division of Banking.

12         (d)  Division of Finance.

13         (e)  Division of Information Systems.

14         (f)  Division of Securities and Investor Protection.

15         (g)  Division of Financial Investigations.

16         (4)  The Office of Financial Investigations is created

17  as a subunit within the Department of Banking and Finance.

18  The office shall function as a criminal justice agency within

19  the meaning of s. 943.045(10)(d) and shall have a separate

20  budget.

21         Section 4.  Subsections (3) and (4) of section 20.12,

22  Florida Statutes, as amended by this act, are repealed January

23  7, 2003.

24         Section 5.  Subsection (3) of section 20.04, Florida

25  Statutes, is amended to read:

26         20.04  Structure of executive branch.--The executive

27  branch of state government is structured as follows:

28         (3)  For their internal structure, all departments,

29  except for the Departments of Children and Family Services,

30  Corrections, Management Services, Revenue, Banking and

31

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  1  Finance, and Transportation, must adhere to the following

  2  standard terms:

  3         (a)  The principal unit of the department is the

  4  "division." Each division is headed by a "director."

  5         (b)  The principal unit of the division is the

  6  "bureau." Each bureau is headed by a "chief."

  7         (c)  The principal unit of the bureau is the "section."

  8  Each section is headed by an "administrator."

  9         (d)  If further subdivision is necessary, sections may

10  be divided into "subsections," which are headed by

11  "supervisors."

12         Section 6.  Subsection (1) of section 110.1165, Florida

13  Statutes, is amended, and subsection (3) is added to said

14  section, to read:

15         110.1165  Executive branch personnel errors.--

16         (1)  An agency of the executive branch, including the

17  State University System, shall establish procedures for the

18  receipt, consideration, and disposition of a claim regarding

19  pay or benefits brought by an employee when that employee is

20  damaged as a result of being provided with erroneous written

21  information by the employing agency regarding his or her pay

22  or benefits, and the employee detrimentally relies upon such

23  written information. In order to qualify for the relief

24  provided by this section, the employee's reliance on the

25  representation must have been reasonable and based only upon

26  the written representations made by those persons authorized

27  by the agency head to make such representations. Furthermore,

28  the erroneous calculation and payment of an employee's salary,

29  wages, or benefits is not among the written representations

30  which will trigger relief under this section. Section 95.11(4)

31  is the statute of limitations for filing any action to recover

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  1  salary, wages, overtime, benefits, or related damages by or on

  2  behalf of a state employee, or any action under this section.

  3  No distinctions between the terms "salary" and "wages" in

  4  construing the provisions of s. 95.11(4) apply to this section

  5  or the statute of limitations for filing any action under this

  6  section.

  7         (3)  The time limit to file any action to recover

  8  compensation, including, but not limited to, salaries, wages,

  9  overtime pay, fringe benefits, or damages or penalties

10  relating to errors in such compensation from, by, or on behalf

11  of a state officer or employee is 2 years from the date of the

12  alleged error in payment of such compensation.  The time limit

13  applies in all disputes over compensation for work performed

14  by state officers or employees, and is not confined to cases

15  arising under subsections (1) and (2).

16         Section 7.  Paragraphs (d) and (f) of subsection (3),

17  paragraph (b) of subsection (4), paragraphs (a), (d), and (f)

18  of subsection (7), and subsections (12) and (13) of section

19  112.061, Florida Statutes, 1998 Supplement, are amended to

20  read:

21         112.061  Per diem and travel expenses of public

22  officers, employees, and authorized persons.--

23         (3)  AUTHORITY TO INCUR TRAVEL EXPENSES.--

24         (d)  Travel expenses of public employees for the sole

25  purpose of taking merit system or other job placement

26  examinations, written or oral, shall not be allowed under any

27  circumstances, except that upon prior written approval of the

28  agency head or his or her designee, candidates for executive

29  or professional positions may be allowed travel expenses

30  pursuant to this section.

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  1         (f)  A traveler who becomes sick or injured while away

  2  from his or her official headquarters and is therefore unable

  3  to perform the official business of the agency may continue to

  4  receive subsistence as provided in subsection (6) during this

  5  period of illness or injury until such time as he or she is

  6  able to perform the official business of the agency or returns

  7  to his or her official headquarters, whichever is earlier.

  8  Such subsistence may be paid when approved by the agency head

  9  or his or her designee.

10         (4)  OFFICIAL HEADQUARTERS.--The official headquarters

11  of an officer or employee assigned to an office shall be the

12  city or town in which the office is located except that:

13         (b)  When any state employee is stationed in any city

14  or town for a period of over 30 continuous workdays, such city

15  or town shall be deemed to be the employee's official

16  headquarters, and he or she shall not be allowed per diem or

17  subsistence, as provided in this section, after the said

18  period of 30 continuous workdays has elapsed, unless this

19  period of time is extended by the express approval of the

20  agency head or his or her designee.

21         (7)  TRANSPORTATION.--

22         (a)  All travel must be by a usually traveled route.

23  In case a person travels by an indirect route for his or her

24  own convenience, any extra costs shall be borne by the

25  traveler; and reimbursement for expenses shall be based only

26  on such charges as would have been incurred by a usually

27  traveled route. The agency head or his or her designee shall

28  designate the most economical method of travel for each trip,

29  keeping in mind the following conditions:

30         1.  The nature of the business.

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  1         2.  The most efficient and economical means of travel

  2  (considering time of the traveler, impact on the productivity

  3  of the traveler, cost of transportation, and per diem or

  4  subsistence required). When it is more efficient and

  5  economical to either the traveler or the agency head, jet

  6  service offered by any airline, whether on state contract or

  7  not, may be used when the cost is within an approved threshold

  8  determined by the agency head or his or her designee.

  9         3.  The number of persons making the trip and the

10  amount of equipment or material to be transported.

11         (d)1.  The use of privately owned vehicles for official

12  travel in lieu of publicly owned vehicles or common carriers

13  may be authorized by the agency head or his or her designee.

14  Whenever travel is by privately owned vehicle, the traveler

15  shall be entitled to a mileage allowance at a fixed rate of 25

16  cents per mile for state fiscal year 1994-1995 and 29 cents

17  per mile thereafter or the common carrier fare for such

18  travel, as determined by the agency head. Reimbursement for

19  expenditures related to the operation, maintenance, and

20  ownership of a vehicle shall not be allowed when privately

21  owned vehicles are used on public business and reimbursement

22  is made pursuant to this paragraph, except as provided in

23  subsection (8).

24         2.  All mileage shall be shown from point of origin to

25  point of destination and, when possible, shall be computed on

26  the basis of the current map of the Department of

27  Transportation. Vicinity mileage necessary for the conduct of

28  official business is allowable but must be shown as a separate

29  item on the expense voucher.

30         (f)  The agency head or his or her designee may grant

31  monthly allowances in fixed amounts for use of privately owned

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  1  automobiles on official business in lieu of the mileage rate

  2  provided in paragraph (d).  Allowances granted pursuant to

  3  this paragraph shall be reasonable, taking into account the

  4  customary use of the automobile, the roads customarily

  5  traveled, and whether any of the expenses incident to the

  6  operation, maintenance, and ownership of the automobile are

  7  paid from funds of the agency or other public funds.  Such

  8  allowance may be changed at any time, and shall be made on the

  9  basis of a signed statement of the traveler, filed before the

10  allowance is granted or changed, and at least annually

11  thereafter. The statement shall show the places and distances

12  for an average typical month's travel on official business,

13  and the amount that would be allowed under the approved rate

14  per mile for the travel shown in the statement, if payment had

15  been made pursuant to paragraph (d).

16         (12)  ADVANCEMENTS.--Notwithstanding any of the

17  foregoing restrictions and limitations, an agency head or his

18  or her designee may make, or authorize the making of, advances

19  to cover anticipated costs of travel to travelers.  Such

20  advancements may include the costs of subsistence and travel

21  of any person transported in the care or custody of the

22  traveler in the performance of his or her duties.

23         (13)  DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever

24  an agency requires an employee to incur either Class A or

25  Class B travel on emergency notice to the traveler, such

26  traveler may request the agency to pay his or her expenses for

27  meals and lodging directly to the vendor, and the agency may

28  pay the vendor the actual expenses for meals and lodging

29  during the travel period, limited to an amount not to exceed

30  that authorized pursuant to this section. In emergency

31  situations, the agency head or his or her designee may

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  1  authorize an increase in the amount paid for a specific meal,

  2  provided that the total daily cost of meals does not exceed

  3  the total amount authorized for meals each day.  The agency

  4  head or his or her designee may also grant prior approval for

  5  a state agency to make direct payments of travel expenses in

  6  other situations that result in cost savings to the state, and

  7  such cost savings shall be documented in the voucher submitted

  8  to the Comptroller for the direct payment of travel expenses.

  9  The provisions of this subsection shall not be deemed to apply

10  to any legislator or to any employee of the Legislature.

11         Section 8.  Subsections (5), (6), and (9) of section

12  215.422, Florida Statutes, are amended to read:

13         215.422  Warrants, vouchers, and invoices; processing

14  time limits; dispute resolution; agency or judicial branch

15  compliance.--

16         (5)  All purchasing agreements between a state agency

17  or the judicial branch and a vendor, applicable to this

18  section, shall include a statement of the vendor's rights and

19  the state's responsibilities under this section.  The vendor's

20  rights shall include being provided with the name and

21  telephone number of the vendor ombudsman within the Department

22  of Banking and Finance, which information shall also be placed

23  on all agency or judicial branch purchase orders.

24         (6)  The Department of Banking and Finance shall

25  monitor each agency's and the judicial branch's compliance

26  with the time limits and interest penalty provisions of this

27  section.  The department shall provide a report to an agency

28  or to the judicial branch if the department determines that

29  the agency or the judicial branch has failed to maintain an

30  acceptable rate of compliance with the time limits and

31  interest penalty provisions of this section.  The department

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  1  shall establish criteria for determining acceptable rates of

  2  compliance. The report shall also include a list of late

  3  vouchers or payments, the amount of interest owed or paid, and

  4  any corrective actions recommended.  The department shall

  5  perform monitoring responsibilities, pursuant to this section,

  6  using the Management Services and Purchasing Subsystem or the

  7  Florida State Automated Management Accounting Information

  8  Resource Subsystem provided in s. 215.94.  Each agency and the

  9  judicial branch shall be responsible for the accuracy of

10  information entered into the Management Services and

11  Purchasing Subsystem and the Florida State Automated

12  Management Accounting Information Resource Subsystem for use

13  in this monitoring.

14         (9)  Each agency and the judicial branch shall include

15  in the official position description of every officer or

16  employee who is responsible for the approval or processing of

17  vendors' invoices or distribution of warrants to vendors that

18  the requirements of this section are mandatory.  In addition,

19  each employee shall be required to sign a statement at least

20  annually that he or she has been provided a copy of this

21  section and the rules promulgated by the Comptroller.  The

22  statement shall also acknowledge that the employee understands

23  the approval and processing time limitations and the provision

24  for automatic interest penalty payments.  Each agency and the

25  judicial branch shall certify its compliance with this

26  subsection to the Comptroller on or before February 1 of each

27  year.

28         Section 9.  Paragraph (x) of subsection (1) of section

29  216.011, Florida Statutes, 1998 Supplement, is amended to

30  read:

31         216.011  Definitions.--

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  1         (1)  For the purpose of fiscal affairs of the state,

  2  appropriations acts, legislative budgets, and approved

  3  budgets, each of the following terms has the meaning

  4  indicated:

  5         (x)  "Operating capital outlay" means equipment,

  6  fixtures, and other tangible personal property of a

  7  nonconsumable and nonexpendable nature, the value or cost of

  8  which is $1,000 $500 or more and the normal expected life of

  9  which is 1 year or more, and hardback-covered bound books that

10  are circulated to students or the general public, the value or

11  cost of which is $25 or more, and hardback-covered bound

12  books, the value or cost of which is $250 $100 or more.

13         Section 10.  Section 216.102, Florida Statutes, is

14  amended to read:

15         (Substantial rewording of section. See

16         s. 216.102, F.S., for present text.)

17         216.102  Filing of financial information; handling by

18  Comptroller; penalty for noncompliance.--

19         (1)  By September 30 of each year, each agency

20  supported by any form of taxation, licenses, fees, imposts, or

21  exactions, the judicial branch, and, for financial reporting

22  purposes, each component unit of the state as determined by

23  the Comptroller shall prepare, using generally accepted

24  accounting principles, and file with the Comptroller the

25  financial and other information necessary for the preparation

26  of annual financial statements for the State of Florida as of

27  June 30. In addition, each such agency and the judicial branch

28  shall prepare financial statements showing the financial

29  position and results of agency or branch operations as of June

30  30 for internal management purposes.

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  1         (a)  Each state agency and the judicial branch shall

  2  record the receipt and disbursement of funds from federal

  3  sources in a form and format prescribed by the Comptroller.

  4  The access to federal funds by the administering agencies or

  5  the judicial branch may not be authorized until:

  6         1.  The deposit has been recorded in the Florida

  7  Accounting Information Resource Subsystem using proper,

  8  consistent codes that designate deposits as federal funds.

  9         2.  The deposit and appropriate recording required by

10  this paragraph have been verified by the Office of the

11  Treasurer.

12         (b)  The Comptroller shall publish a statewide policy

13  detailing the requirements for recording receipt and

14  disbursement of federal funds into the Florida Accounting

15  Information Resource Subsystem and provide technical

16  assistance to the agencies and the judicial branch to

17  implement the policy.

18         (2)  Financial information must be contained within the

19  Florida Accounting Information Resource Subsystem. Other

20  information must be submitted in the form and format

21  prescribed by the Comptroller.

22         (a)  Each component unit shall file financial

23  information and other information necessary for the

24  preparation of annual financial statements with the agency or

25  branch designated by the Comptroller by the date specified by

26  the Comptroller.

27         (b)  The state agency or branch designated by the

28  Comptroller to receive financial information and other

29  information from component units shall include the financial

30  information in the Florida Accounting Information Resource

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  1  Subsystem and shall include the component units' other

  2  information in its submission to the Comptroller.

  3         (3)  The Comptroller shall:

  4         (a)  Prepare and furnish to the Auditor General annual

  5  financial statements for the state on or before December 31 of

  6  each year, using generally accepted accounting principles.

  7         (b)  Prepare and publish a comprehensive annual

  8  financial report for the state in accordance with generally

  9  accepted accounting principles on or before February 28 of

10  each year.

11         (c)  Furnish the Governor, the President of the Senate,

12  and the Speaker of the House of Representatives with a copy of

13  the comprehensive annual financial report prepared pursuant to

14  paragraph (b).

15         (d)  Notify each agency and the judicial branch of the

16  data that is required to be recorded to enhance accountability

17  for tracking federal financial assistance.

18         (e)  Provide reports, as requested, to executive or

19  judicial branch entities, the President of the Senate, the

20  Speaker of the House of Representatives, and the members of

21  the Florida Congressional Delegation, detailing the federal

22  financial assistance received and disbursed by state agencies

23  and the judicial branch.

24         (f)  Consult with and elicit comments from the

25  Executive Office of the Governor on changes to the Florida

26  Accounting Information Resource Subsystem which clearly affect

27  the accounting of federal funds, so as to ensure consistency

28  of information entered into the Federal Aid Tracking System by

29  state executive and judicial branch entities. While efforts

30  shall be made to ensure the compatibility of the Florida

31  Accounting Information Resource Subsystem and the Federal Aid

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  1  Tracking System, any successive systems serving identical or

  2  similar functions shall preserve such compatibility.

  3

  4  The Comptroller may furnish and publish in electronic form the

  5  financial statements and the comprehensive annual financial

  6  report required under paragraphs (a), (b), and (c).

  7         (4)  If any agency or the judicial branch fails to

  8  comply with subsection (1) or subsection (2), the Comptroller

  9  may refuse to honor salary claims for agency or branch fiscal

10  and executive staff until the agency or branch corrects its

11  deficiency.

12         (5)  The Comptroller may withhold any funds payable to

13  a component unit that does not comply with subsection (1) or

14  subsection (2) until the component unit corrects its

15  deficiency.

16         (6)  The Comptroller may adopt rules to administer this

17  section.

18         Section 11.  Section 273.02, Florida Statutes, is

19  amended to read:

20         273.02  Record and inventory of certain property.--The

21  word "property" as used in this section means equipment,

22  fixtures, and other tangible personal property of a

23  nonconsumable and nonexpendable nature, the value or cost of

24  which is $1,000 $500 or more and the normal expected life of

25  which is 1 year or more, and hardback-covered bound books that

26  are circulated to students or the general public, the value or

27  cost of which is $25 or more, and hardback-covered bound

28  books, the value or cost of which is $250 $100 or more.  Each

29  item of property which it is practicable to identify by

30  marking shall be marked in the manner required by the Auditor

31  General.  Each custodian shall maintain an adequate record of

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  1  property in his or her custody, which record shall contain

  2  such information as shall be required by the Auditor General.

  3  Once each year, on July 1 or as soon thereafter as is

  4  practicable, and whenever there is a change of custodian, each

  5  custodian shall take an inventory of property in his or her

  6  custody. The inventory shall be compared with the property

  7  record, and all discrepancies shall be traced and reconciled.

  8  All publicly supported libraries shall be exempt from marking

  9  hardback-covered bound books, as required by this section.

10  The catalog and inventory control records maintained by each

11  publicly supported library shall constitute the property

12  record of hardback-covered bound books with a value or cost of

13  $25 or more included in each publicly supported library

14  collection and shall serve as a perpetual inventory in lieu of

15  an annual physical inventory.  All books identified by these

16  records as missing shall be traced and reconciled, and the

17  library inventory shall be adjusted accordingly.

18         Section 12.  Subsection (2) of section 17.11, Florida

19  Statutes, is amended to read:

20         17.11  To report disbursements made.--

21         (2)  The Comptroller shall also cause to have reported

22  from the Florida state automated management Accounting

23  Information Resource Subsystem no less than quarterly the

24  disbursements which agencies made to small businesses, as

25  defined in the Florida Small and Minority Business Assistance

26  Act of 1985; to certified minority business enterprises in the

27  aggregate; and to certified minority business enterprises

28  broken down into categories of minority persons, as well as

29  gender and nationality subgroups. This information shall be

30  made available to the agencies, the Minority Business Advocacy

31  and Assistance Office, the Governor, the President of the

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  1  Senate, and the Speaker of the House of Representatives. Each

  2  agency shall be responsible for the accuracy of information

  3  entered into the Florida state automated management Accounting

  4  Information Resource Subsystem for use in this reporting.

  5         Section 13.  Subsection (4) of section 215.3206,

  6  Florida Statutes, is amended to read:

  7         215.3206  Trust funds; termination or re-creation.--

  8         (4)  For the purposes of this section, the Governor,

  9  Chief Justice, and agencies shall review the trust funds as

10  they are identified by a unique 6-digit code in the Florida

11  State Automated Management Accounting Information Resource

12  Subsystem (SAMAS) at a level composed of the 2-digit

13  organization level 1, the 1-digit state fund type 2, and the

14  first three digits of the fund identifier. The Governor, Chief

15  Justice, and agencies may also conduct their review and make

16  recommendations concerning accounts within such trust funds.

17         Section 14.  Subsection (3) of section 215.3208,

18  Florida Statutes, is amended to read:

19         215.3208  Trust funds; schedule for termination;

20  legislative review.--

21         (3)  For the purposes of this section, the Legislature

22  shall review the trust funds as they are identified by a

23  unique 6-digit code in the Florida State Automated Management

24  Accounting Information Resource  Subsystem (SAMAS) at a level

25  composed of the 2-digit organization level 1, the 1-digit

26  state fund type 2, and the first three digits of the fund

27  identifier. When a statutorily created trust fund that was in

28  existence on November 4, 1992, has more than one 6-digit code,

29  the Legislature may treat it as a single trust fund for the

30  purposes of this section. The Legislature may also conduct its

31  review concerning accounts within such trust funds.

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  1         Section 15.  Section 216.183, Florida Statutes, is

  2  amended to read:

  3         216.183  Entities using performance-based program

  4  budgets; chart of accounts.--State agencies and the judicial

  5  branch for which a performance-based program budget has been

  6  appropriated shall utilize the chart of accounts used by the

  7  Florida State Automated Management Accounting Information

  8  Resource Subsystem in the manner described in s. 215.93(3).

  9  The chart of accounts for state agencies and the judicial

10  branch for which a performance-based program budget has been

11  appropriated shall be developed and amended, if necessary, in

12  consultation with the Department of Banking and Finance and

13  the Executive Office of the Governor.

14         Section 16.  Subsection (4) of section 216.212, Florida

15  Statutes, is amended to read:

16         216.212  Budgets for federal funds; restrictions on

17  expenditure of federal funds.--

18         (4)  The Office of the Comptroller and the Executive

19  Office of the Governor, in consultation with the Office of the

20  Treasurer and the Office of the Auditor General, shall develop

21  and maintain a means to ensure the compatibility of the

22  Florida State Automated Management Accounting Information

23  Resource Subsystem and the Federal Aid Tracking System.  Any

24  successive systems serving identical or similar functions

25  shall preserve such compatibility.

26         Section 17.  Section 216.237, Florida Statutes, is

27  amended to read:

28         216.237  Availability of any remaining funds; agency

29  maintenance of accounting records.--Any remaining funds from

30  the General Revenue Fund and trust fund spending authority not

31  awarded to agencies pursuant to section 2 of this bill shall

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  1  be available to agencies for innovative projects which

  2  generate a cost savings, increase revenue, or improve service

  3  delivery. Innovative projects which generate a cost savings

  4  shall receive greater consideration when awarding innovation

  5  investment funds. Any trust fund authority granted under this

  6  program shall be utilized in a manner consistent with the

  7  statutory authority for the use of said trust fund. Any

  8  savings realized as a result of implementing the innovative

  9  project shall be used by the agency to establish an internal

10  innovations fund. State agencies which are awarded funds for

11  innovative projects shall utilize the chart of accounts used

12  by the Florida State Automated Management Accounting

13  Information Resource Subsystem System in the manner described

14  in s. 215.93(3). Such chart of accounts shall be developed and

15  amended in consultation with the Department of Banking and

16  Finance and the Executive Office of the Governor to separate

17  and account for the savings that result from the

18  implementation of the innovative projects and to keep track of

19  how the innovative funds are reinvested by the state agency to

20  fund additional innovative projects, which may include, but

21  not be limited to, expenditures for training and information

22  technology resources. Guidelines for the establishment of such

23  internal innovations fund shall be provided by the Department

24  of Management Services. Any agency awarded funds under this

25  section shall maintain detailed accounting records showing all

26  expenses, loan transfers, savings, or other financial actions

27  concerning the project. Any savings realized as a result of

28  implementing the innovative project shall be quantified,

29  validated, and verified by the agency. A final report of the

30  results of the implementation of each innovative project shall

31  be submitted by each participating agency to the Governor's

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  1  Office of Planning and Budgeting and the legislative

  2  appropriations committees by June 30 of the fiscal year in

  3  which the funds were received and ensuing fiscal years for the

  4  life of the project.

  5         Section 18.  Subsection (1) of section 280.08, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         280.08  Procedure for payment of losses.--When the

  8  Treasurer determines that a default or insolvency has

  9  occurred, he or she shall provide notice as required in s.

10  280.085(1) and implement the following procedures:

11         (1)  The Treasurer, in cooperation with the Director of

12  the Division of Banking of the Department of Banking and

13  Finance or the receiver of the qualified public depository in

14  default, shall ascertain the amount of funds of each public

15  depositor on deposit at such depository and the amount of

16  deposit insurance applicable to such deposits.

17         Section 19.  Section 288.778, Florida Statutes, is

18  amended to read:

19         288.778  Department of Banking and Finance.--The

20  Division of Banking of the Department of Banking and Finance

21  shall review the corporation's activities once every 24 months

22  to determine compliance with this part and other related laws

23  and rules and to evaluate the corporation's operations.  The

24  department division shall prepare a report based on its review

25  and evaluation with recommendation for any corrective action.

26  The president shall submit to the department division regular

27  reports on the corporation's activities.  The content and

28  frequency of such reports shall be determined by the

29  department division.  The department division shall charge a

30  fee for conducting the review and evaluation and preparing the

31  related report, which fee shall not be in excess of the

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  1  examination fee paid by financial institutions chartered or

  2  licensed under the financial institutions code of this state.

  3         Section 20.  Subsection (3) of section 494.0011,

  4  Florida Statutes, 1998 Supplement, is amended to read:

  5         494.0011  Powers and duties of the department.--

  6         (3)  All fees, charges, and fines collected by the

  7  department pursuant to ss. 494.001-494.0077 shall be deposited

  8  in the State Treasury to the credit of the Regulatory Trust

  9  Fund under the Division of Finance of the department.

10         Section 21.  Subsection (3) of section 494.0017,

11  Florida Statutes, is amended to read:

12         494.0017  Mortgage Brokerage Guaranty Fund.--

13         (3)  The Mortgage Brokerage Guaranty Fund shall be

14  disbursed as provided in former s. 494.044, upon approval by

15  the department Division of Finance, to any party to a mortgage

16  financing transaction who:

17         (a)  Is adjudged by a court of competent jurisdiction

18  of this state to have suffered monetary damages as a result of

19  any violation of chapter 494 in effect prior to October 1,

20  1991, committed by a licensee or registrant;

21         (b)  Has filed a claim for recovery prior to January 1,

22  1992; and

23         (c)  Has suffered monetary damages as a result of an

24  act occurring prior to October 1, 1991.

25         Section 22.  Paragraph (m) of subsection (2) of section

26  494.0041, Florida Statutes, is amended to read:

27         494.0041  Administrative penalties and fines; license

28  violations.--

29         (2)  Each of the following acts constitutes a ground

30  for which the disciplinary actions specified in subsection (1)

31  may be taken:

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  1         (m)  Failure to maintain, preserve, and keep available

  2  for examination all books, accounts, or other documents

  3  required by ss. 494.001-494.0077 and the rules of the

  4  department Division of Finance.

  5         Section 23.  Paragraph (a) of subsection (7) of section

  6  494.00421, Florida Statutes, is amended to read:

  7         494.00421  Fees earned upon obtaining a bona fide

  8  commitment.--Notwithstanding the provisions of ss.

  9  494.001-494.0077, any mortgage brokerage business which

10  contracts to receive from a borrower a mortgage brokerage fee

11  upon obtaining a bona fide commitment shall accurately

12  disclose in the mortgage brokerage agreement:

13         (7)(a)  The following statement, in no less than

14  12-point boldface type immediately above the signature lines

15  for the borrowers:

16

17  "You are entering into a contract with a mortgage brokerage

18  business to obtain a bona fide mortgage loan commitment under

19  the same terms and conditions as stated hereinabove or in a

20  separate executed good faith estimate form.  If the mortgage

21  brokerage business obtains a bona fide commitment under the

22  same terms and conditions, you will be obligated to pay the

23  mortgage brokerage business fees, including, but not limited

24  to, a mortgage brokerage fee, even if you choose not to

25  complete the loan transaction.  If the provisions of s.

26  494.00421, Florida Statutes, are not met, the mortgage

27  brokerage fee can only be earned upon the funding of the

28  mortgage loan.  The borrower may contact the Department of

29  Banking and Finance, Division of Finance, Tallahassee,

30  Florida, regarding any complaints that the borrower may have

31  against the mortgage broker or the mortgage brokerage

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  1  business.  The telephone number of the department as set by

  2  rule of the department is:  ...[insert telephone number]...."

  3         Section 24.  Subsection (3) of section 494.0061,

  4  Florida Statutes, is amended to read:

  5         494.0061  Mortgage lender's license requirements.--

  6         (3)  Each initial application for a mortgage lender's

  7  license must be in written form prescribed by the department.

  8  The department division may require each applicant to provide

  9  any information reasonably necessary to make a determination

10  of the applicant's eligibility for licensure.  The department

11  may require that each officer, director, and ultimate

12  equitable owner of a 10-percent or greater interest in the

13  applicant submit a complete set of fingerprints taken by an

14  authorized law enforcement officer.

15         Section 25.  Subsection (3) of section 494.0062,

16  Florida Statutes, is amended to read:

17         494.0062  Correspondent mortgage lender's license

18  requirements.--

19         (3)  Each initial application for a correspondent

20  mortgage lender's license must be in written form prescribed

21  by the department.  The department division may require each

22  applicant to provide any information reasonably necessary to

23  make a determination of the applicant's eligibility for

24  licensure.  The department may require that each officer,

25  director, and ultimate equitable owner of a 10-percent or

26  greater interest submit a complete set of fingerprints taken

27  by an authorized law enforcement officer.

28         Section 26.  Paragraph (m) of subsection (2) of section

29  494.0072, Florida Statutes, is amended to read:

30         494.0072  Administrative penalties and fines; license

31  violations.--

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  1         (2)  Each of the following acts constitutes a ground

  2  for which the disciplinary actions specified in subsection (1)

  3  may be taken:

  4         (m)  Failure to maintain, preserve, and keep available

  5  for examination all books, accounts, or other documents

  6  required by ss. 494.001-494.0077 or the rules of the

  7  department Division of Finance.

  8         Section 27.  Subsections (4), (9), and (12) of section

  9  497.407, Florida Statutes, are amended to read:

10         497.407  Certificate of authority; annual statement;

11  renewal; transfer.--

12         (4)  The fee payable to the department for issuance of

13  the original certificate of authority and each annual renewal

14  thereof shall be set by the board at an amount not to exceed

15  $500 and shall accompany each application for an original

16  certificate and, thereafter, each annual statement.  Any

17  person or entity that is part of a common business enterprise

18  that has a certificate of authority issued pursuant to this

19  section and elects to operate under a name other than that of

20  the common business enterprise shall submit an application on

21  a form adopted by the board to become a branch registrant.

22  Upon the approval of the board that such entity qualifies to

23  sell preneed contracts under this chapter except for the

24  requirements of subparagraph (2)(c)1. and if the

25  certificateholder meets the requirements of such subparagraph,

26  a branch registration shall be issued.  Each branch registrant

27  may operate under the certificate of authority of the common

28  business enterprise upon the payment of a fee established by

29  the board not to exceed $100 accompanying the application on

30  April 1 annually. The fee shall be payable to the Regulatory

31  Trust Fund under the department Division of Finance.

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  1         (9)  In addition to any other penalty that may be

  2  provided for under this chapter, the board may levy a fine not

  3  to exceed $50 a day for each day the certificateholder fails

  4  to file its annual statement, and the board may levy a fine

  5  not to exceed $50 a day for each day the certificateholder

  6  fails to file the statement of activities of the trust.  Upon

  7  notice to the certificateholder by the board that the

  8  certificateholder has failed to file the annual statement or

  9  the statement of activities of the trust, the

10  certificateholder's authority to sell preneed contracts shall

11  cease while such default continues.  The board shall deposit

12  all sums collected under this section to the credit of the

13  Regulatory Trust Fund under the department Division of

14  Finance.

15         (12)  Each certificateholder shall pay to the

16  Regulatory Trust Fund under the department Division of Finance

17  an amount established by the board not to exceed $5 for each

18  preneed contract entered into. This amount must be paid within

19  60 days after the end of each quarter. These funds must be

20  used to defray the cost of the board and the department in

21  administering the provisions of this chapter.

22         Section 28.  Subsection (3) of section 497.435, Florida

23  Statutes, is amended to read:

24         497.435  Administrative fine in lieu of revocation or

25  suspension of certificate of authority.--

26         (3)  The fine shall be deposited into the Regulatory

27  Trust Fund under the department Division of Finance.

28         Section 29.  Subsection (2) of section 516.03, Florida

29  Statutes, is amended to read:

30         516.03  Application for license; fees; etc.--

31

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  1         (2)  FEES.--Fees herein provided for shall be collected

  2  by the department and shall be turned into the State Treasury

  3  to the credit of the regulatory trust fund under the Division

  4  of Finance of the department.  The department shall have full

  5  power to employ such examiners or clerks to assist the

  6  department as may from time to time be deemed necessary and

  7  fix their compensation.

  8         Section 30.  Section 520.998, Florida Statutes, is

  9  amended to read:

10         520.998  Regulatory Trust Fund.--All fees, charges, and

11  fines collected by the department pursuant to this chapter

12  shall be deposited in the State Treasury to the credit of the

13  Regulatory Trust Fund under the Division of Finance of the

14  department.

15         Section 31.  Paragraph (a) of subsection (1) of section

16  655.90, Florida Statutes, is amended to read:

17         655.90  Closing during emergencies and other special

18  days.--

19         (1)  DEFINITIONS.--As used in this section, the term:

20         (a)  "Commissioner" means the officer of this state

21  designated by law as the head of the Department of Banking and

22  Finance and any other person lawfully exercising such powers,

23  whether as a deputy to such officer; as a division director,

24  bureau chief, or financial administrator of or within such

25  department; or otherwise.  In the absence of any person

26  lawfully exercising the powers of the head of the Department

27  of Banking and Finance, the director of the Division of

28  Banking or any other person lawfully exercising the powers of

29  the director of the division, whether as another division

30  director, as a bureau chief or financial administrator, or

31  otherwise.

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  1         Section 32.  Subsection (1) of section 655.942, Florida

  2  Statutes, is amended to read:

  3         655.942  Standards of conduct; institutions.--

  4         (1)  A financial institution which is licensed or

  5  authorized to do business pursuant to the financial

  6  institutions codes, or its officers, directors, or employees

  7  may not make or grant any loan or gratuity to any employee of

  8  the department Division of Banking who has authority to

  9  examine or otherwise supervise such financial institution.

10         Section 33.  The amendments made by this act to

11  sections 216.011, 216.102, 216.183, 216.212, and 216.237,

12  Florida Statutes, shall take effect notwithstanding the

13  provisions of section 216.351, Florida Statutes.

14         Section 34.  This act shall take effect October 1,

15  1999.

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