CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 739

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Cosgrove offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Effective January 7, 2003, section 20.131,

18  Florida Statutes, is created to read:

19         20.131  Department of Insurance and Financial

20  Services.--The Department of Insurance and Financial Services

21  is created, the head of which department is the Chief

22  Financial Officer, who shall hereafter be named the "Chief

23  Financial Officer and Commissioner of Insurance and Financial

24  Services."

25         (1)  DEPARTMENTAL STRUCTURE.--The department consists

26  of a Division of State Finance, Division of Banking and

27  Finance, a Division of Insurance, a Division of Criminal

28  Investigation and Enforcement, a Division of State Fire

29  Marshal, a Division of Risk Management, and a Division of

30  Administration.

31         (a)  All powers, duties, functions, rules, records,

                                  1

    File original & 9 copies    04/11/00
    hin0004                     01:40 pm         00739-0119-301493




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 739

    Amendment No. 1 (for drafter's use only)





 1  personnel, property, and unexpended balances of

 2  appropriations, allocations, and other funds of the:

 3         1.  former Department of Insurance that relate to the

 4  constitutional and statutory duties of the Treasurer, and the

 5  Government Employees Deferred Compensation Plan, and

 6         2.  former Department of Banking and Finance that

 7  relate to the constitutional duties of the Comptroller

 8

 9  are assigned to the Division of State Finance.

10         (b)  All powers, duties, functions, rules, records,

11  personnel, property, and unexpended balances of

12  appropriations, allocations, and other funds of the former

13  Department of Banking and Finance that relate to the

14  regulation of banks, securities, and other financial

15  institutions, including consumer assistance functions, are

16  assigned to the Division of Banking and Finance.

17         (c)  All powers, duties, functions, rules, records,

18  personnel, property, and unexpended balances of

19  appropriations, allocations, and other funds of the former

20  Department of Insurance that relate to the regulation of

21  insurance companies, insurance agents, and similar entities,

22  including consumer assistance functions, are assigned to the

23  Division of Insurance.

24         (d)  All powers, duties, functions, rules, records,

25  personnel, property, and unexpended balances of

26  appropriations, allocations, and other funds of the former

27  Office of Financial Investigations of the former Department of

28  Banking and Finance and of the former Division of Insurance

29  Fraud of the former Department of Insurance are assigned to

30  the Division of Criminal Investigation and Enforcement.

31         (e)  All powers, duties, functions, rules, records,

                                  2

    File original & 9 copies    04/11/00
    hin0004                     01:40 pm         00739-0119-301493




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 739

    Amendment No. 1 (for drafter's use only)





 1  personnel, property, and unexpended balances of

 2  appropriations, allocations, and other funds of the former

 3  Division of State Fire Marshal of the former Department of

 4  Insurance are assigned to the Division of State Fire Marshal.

 5         (f)  All powers, duties, functions, rules, records,

 6  personnel, property, and unexpended balances of

 7  appropriations, allocations, and other funds of the former

 8  Division of Risk Management of the former Department of

 9  Insurance are assigned to the Division of Risk Management.

10         (g)  All powers, duties, functions, rules, records,

11  personnel, property, and unexpended balances of

12  appropriations, allocations, and other funds of the former

13  Department of Banking and Finance and the former Department of

14  Insurance that are not otherwise specified in this subsection

15  are assigned to the Division of Administration.

16         Section 2.  (1)  TRANSFERS TO THE DEPARTMENT OF

17  INSURANCE AND FINANCIAL SERVICES.--

18         (a)  All powers, duties, functions, rules, records,

19  personnel, property, and unexpended balances of

20  appropriations, allocations, and other funds of the Department

21  of Banking and Finance; and

22         (b)  All powers, duties, functions, rules, records,

23  personnel, property, and unexpended balances of

24  appropriations, allocations, and other funds of the Department

25  of Insurance are transferred by a type two transfer, as

26  defined in s. 20.06, Florida Statutes, to the Department of

27  Insurance and Financial Services.

28         (2)  This section shall take effect January 7, 2003.

29         Section 3.  Effective January 7, 2003, the

30  administrative rules of the Department of Banking and Finance

31  and of the Department of Insurance that were in e effect

                                  3

    File original & 9 copies    04/11/00
    hin0004                     01:40 pm         00739-0119-301493




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 739

    Amendment No. 1 (for drafter's use only)





 1  immediately prior to January 7, 2003, shall become rules of

 2  the Department of Insurance and Financial Services and shall

 3  remain in effect until specifically changed in the manner

 4  provided by law.

 5         Section 4.  This act shall not affect the validity of

 6  any judicial or administrative action involving the Department

 7  of Banking and Finance or the Department of Insurance pending

 8  on January 7, 2003, and the Department of Insurance and

 9  Financial Services shall be substituted as a party in interest

10  in any such action.

11         Section 5.  No later than January 31, 2002, the

12  Division of Statutory Revision of the Office of Legislative

13  Services shall prepare and submit to the President of the

14  Senate and the Speaker of the House of Representatives draft

15  substantive legislation to conform the Florida Statutes to the

16  provisions of this act.  The legislation shall not be drafted

17  as a reviser's bill.  The draft shall include provisions:

18         (1)  Changing the term "Comptroller" or "Treasurer" to

19  "Chief Financial Officer";

20         (2)  Changing references to the Department of Banking

21  and Finance or the Department of Insurance to the Department

22  of Insurance and Financial Services; and

23         (3)  Otherwise conforming the status to the abolition

24  of the offices of Comptroller and Treasurer, the abolition of

25  the Department of Banking and Finance and the Department of

26  Insurance, and the creation of the Department of Insurance and

27  Financial Services.

28         Section 6.  Effective January 7, 2003, sections 20.12

29  and 20.13, Florida Statutes, are repealed.

30         Section 7.  This act shall take effect upon becoming a

31  law.

                                  4

    File original & 9 copies    04/11/00
    hin0004                     01:40 pm         00739-0119-301493




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 739

    Amendment No. 1 (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1,

 4  remove from the title of the bill:  the entire title

 5

 6  and insert in lieu thereof:

 7                  A bill to be entitled

 8         An act relating to governmental reorganization;

 9         creating the Department of Insurance and

10         Financial Services; providing for the Chief

11         Financial Officer to be the  head of the

12         department; providing for departmental

13         structure; transferring powers, duties,

14         functions, rules, records, personnel, property,

15         and unexpended balances of funds of the

16         Department of Banking and Finance and the

17         Department of Insurance to certain divisions of

18         the Department of Insurance and Financial

19         Services; specifying that administrative rules

20         of the Department of Banking and Finance and

21         the Department of Insurance become

22         administrative rules of the Department of

23         Insurance and Financial Services; providing for

24         preservation of validity of judicial or

25         administrative actions involving such

26         departments; providing for substitution of

27         certain parties in interest in such actions;

28         directing the Division of Statutory Revision to

29         prepare proposed substantive legislation by a

30         certain time for certain purposes; repealing

31         ss. 20.12 and 20.13, F.S., respectively;

                                  5

    File original & 9 copies    04/11/00
    hin0004                     01:40 pm         00739-0119-301493




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 739

    Amendment No. 1 (for drafter's use only)





 1         providing effective dates.

 2

 3

 4

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6

    File original & 9 copies    04/11/00
    hin0004                     01:40 pm         00739-0119-301493