House Bill 0739
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Florida House of Representatives - 2000 HB 739
By Representatives Bainter, Crow, Posey, Jones, Bitner,
Logan, Sembler, Feeney, Arnall, Byrd, Goodlette, Bense,
Maygarden, Pruitt, Villalobos, Fuller, Wise, Dockery,
Patterson, Tullis, Waters, Goode, Casey, Fasano, Morroni,
Harrington, Alexander and Hart
1 A bill to be entitled
2 An act relating to governmental reorganization;
3 creating s. 20.121, F.S.; creating the Office
4 of Chief Financial Officer; creating s. 20.131,
5 F.S.; creating the Department of Insurance and
6 Financial Services; providing for an executive
7 director; providing for departmental structure;
8 transferring powers, duties, functions, rules,
9 records, personnel, property, and unexpended
10 balances of funds of the Department of Banking
11 and Finance and the Department of Insurance to
12 certain divisions of the Department of
13 Insurance and Financial Services; providing for
14 delegation of executive authority; transferring
15 the powers, duties, functions, rules, records,
16 personnel, property, and unexpended balances of
17 appropriations, allocations, and other funds of
18 the Comptroller to the Office of Chief
19 Financial Officer; transferring the powers,
20 duties, functions, rules, records, personnel,
21 property, and unexpended balances of
22 appropriations, allocations, and other funds of
23 the Department of Insurance and the Department
24 of Banking and Finance to the Department of
25 Insurance and Financial Services; specifying
26 that administrative rules of the Department of
27 Banking and Finance and the Department of
28 Insurance become administrative rules of the
29 Department of Insurance and Financial Services;
30 specifying that such rules become
31 administrative rules of the Office of Chief
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Florida House of Representatives - 2000 HB 739
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1 Financial Officer under certain circumstances;
2 providing for preservation of validity of
3 judicial or administrative actions involving
4 such departments; providing for substitution of
5 certain parties in interest in such actions;
6 requiring the Department of Insurance and the
7 Department of Banking and Finance to provide
8 reports to the Governor and the Legislature;
9 directing the Division of Statutory Revision to
10 prepare proposed substantive legislation by a
11 certain time for certain purposes; repealing
12 ss. 20.12 and 20.13, F.S., relating to the
13 Department of Banking and Finance and the
14 Department of Insurance, respectively;
15 providing effective dates.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Effective January 7, 2003, sections 20.121
20 and 20.131, Florida Statutes, are created to read:
21 20.121 Office of Chief Financial Officer.--The Office
22 of Chief Financial Officer is created, the head of which
23 office is the Chief Financial Officer. Pursuant to s. 4, Art.
24 IV of the State Constitution, the duties of the Chief
25 Financial Officer are to serve as the chief fiscal officer of
26 the state, to settle and approve accounts against the state,
27 and to keep all state funds and securities. The Chief
28 Financial Officer is also the administrator of the Government
29 Employees Deferred Compensation Plan.
30 20.131 Department of Insurance and Financial
31 Services.--The Department of Insurance and Financial Services
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1 is created, the head of which department is the Governor and
2 Cabinet.
3 (1) EXECUTIVE DIRECTOR.--The chief administrator of
4 the department is the executive director, who is appointed by
5 and serves at the pleasure of the Governor and Cabinet. The
6 executive director may also be referred to as the
7 "Commissioner of Insurance and Financial Services."
8 (2) DEPARTMENTAL STRUCTURE.--The department consists
9 of a Division of Banking and Finance, a Division of Insurance,
10 a Division of Criminal Investigation and Enforcement, a
11 Division of State Fire Marshal, a Division of Risk Management,
12 and a Division of Administration.
13 (a) All powers, duties, functions, rules, records,
14 personnel, property, and unexpended balances of
15 appropriations, allocations, and other funds of the former
16 Department of Banking and Finance that relate to the
17 regulation of banks, securities, and other financial
18 institutions, including consumer assistance functions, are
19 assigned to the Division of Banking and Finance.
20 (b) All powers, duties, functions, rules, records,
21 personnel, property, and unexpended balances of
22 appropriations, allocations, and other funds of the former
23 Department of Insurance that relate to the regulation of
24 insurance companies, insurance agents, and similar entities,
25 including consumer assistance functions, are assigned to the
26 Division of Insurance.
27 (c) All powers, duties, functions, rules, records,
28 personnel, property, and unexpended balances of
29 appropriations, allocations, and other funds of the former
30 Office of Financial Investigations of the former Department of
31 Banking and Finance and of the former Division of Insurance
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1 Fraud of the former Department of Insurance are assigned to
2 the Division of Criminal Investigation and Enforcement.
3 (d) All powers, duties, functions, rules, records,
4 personnel, property, and unexpended balances of
5 appropriations, allocations, and other funds of the former
6 Division of State Fire Marshal of the former Department of
7 Insurance are assigned to the Division of State Fire Marshal.
8 (e) All powers, duties, functions, rules, records,
9 personnel, property, and unexpended balances of
10 appropriations, allocations, and other funds of the former
11 Division of Risk Management of the former Department of
12 Insurance are assigned to the Division of Risk Management.
13 (f) All powers, duties, functions, rules, records,
14 personnel, property, and unexpended balances of
15 appropriations, allocations, and other funds of the former
16 Department of Banking and Finance and the former Department of
17 Insurance that are not otherwise specified in this subsection
18 and that are not related to the Office of Chief Financial
19 Officer are assigned to the Division of Administration.
20 (3) DELEGATION OF EXECUTIVE AUTHORITY.--The Governor
21 and Cabinet, as head of the Department of Insurance and
22 Financial Services, may, by resolution, delegate any or all of
23 its executive authority to the executive director, except that
24 only the Governor and Cabinet may adopt rules of the
25 department. Any action taken by the executive director under
26 such delegated executive authority constitutes final action of
27 the department for purposes of the Administrative Procedure
28 Act.
29 Section 2. (1) TRANSFERS TO THE OFFICE OF CHIEF
30 FINANCIAL OFFICER.--
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1 (a) All powers, duties, functions, rules, records,
2 personnel, property, and unexpended balances of
3 appropriations, allocations, and other funds of the Office of
4 the Comptroller;
5 (b) All powers, duties, functions, rules, records,
6 personnel, property, and unexpended balances of
7 appropriations, allocations, and other funds of the Department
8 of Banking and Finance that relate to the constitutional
9 functions of the Comptroller;
10 (c) All powers, duties, functions, rules, records,
11 personnel, property, and unexpended balances of
12 appropriations, allocations, and other funds of the Office of
13 the Treasurer, including the Government Employees Deferred
14 Compensation Plan; and
15 (d) All powers, duties, functions, rules, records,
16 personnel, property, and unexpended balances of
17 appropriations, allocations, and other funds of the Department
18 of Insurance that relate to the constitutional functions of
19 the Treasurer
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21 are transferred by a type two transfer, as defined in s.
22 20.06, Florida Statutes, to the Office of Chief Financial
23 Officer.
24 (2) TRANSFERS TO THE DEPARTMENT OF INSURANCE AND
25 FINANCIAL SERVICES.--
26 (a) All powers, duties, functions, rules, records,
27 personnel, property, and unexpended balances of
28 appropriations, allocations, and other funds of the Department
29 of Banking and Finance not otherwise transferred by this act;
30 and
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1 (b) All powers, duties, functions, rules, records,
2 personnel, property, and unexpended balances of
3 appropriations, allocations, and other funds of the Department
4 of Insurance not otherwise transferred by this act
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6 are transferred by a type two transfer, as defined in s.
7 20.06, Florida Statutes, to the Department of Insurance and
8 Financial Services.
9 (3) This section shall take effect January 7, 2003.
10 Section 3. Effective January 7, 2003, the
11 administrative rules of the Department of Banking and Finance
12 and of the Department of Insurance that were in effect
13 immediately prior to January 7, 2003, shall become rules of
14 the Department of Insurance and Financial Services and shall
15 remain in effect until specifically changed in the manner
16 provided by law. However, any such rules that relate to the
17 constitutional functions of the Comptroller or the Treasurer
18 shall instead become rules of the Office of Chief Financial
19 Officer and shall remain in effect until specifically changed
20 in the manner provided by law.
21 Section 4. This act shall not affect the validity of
22 any judicial or administrative action involving the Department
23 of Banking and Finance or the Department of Insurance pending
24 on January 7, 2003, and the Department of Insurance and
25 Financial Services shall be substituted as a party in interest
26 in any such action. However, if the action involves the
27 constitutional functions of the Comptroller or Treasurer, the
28 Office of Chief Financial Officer shall instead be substituted
29 as a party in interest.
30 Section 5. No later than July 1, 2001, the Department
31 of Banking and Finance and the Department of Insurance shall
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1 each provide a report to the Governor, the President of the
2 Senate, the Speaker of the House of Representatives, and the
3 chairs of the fiscal committees of the Senate and the House of
4 Representatives specifying, on a position-by-position basis,
5 those positions that are subject to transfer to the Office of
6 Chief Financial Officer under this act. Except as revised by
7 the General Appropriations Act or other legislation, the
8 reports under this section shall be used to determine which
9 employees of the Department of Banking and Finance or the
10 Department of Insurance will become employees of the Office of
11 Chief Financial Officer on January 7, 2003.
12 Section 6. No later than January 31, 2002, the
13 Division of Statutory Revision of the Office of Legislative
14 Services shall prepare and submit to the President of the
15 Senate and the Speaker of the House of Representatives draft
16 substantive legislation to conform the Florida Statutes to the
17 provisions of this act. The legislation shall not be drafted
18 as a reviser's bill. The draft shall include provisions:
19 (1) Changing the term "Comptroller" or "Treasurer" to
20 "Chief Financial Officer" with respect to functions of the
21 Chief Financial Officer;
22 (2) Changing references to the Department of Banking
23 and Finance or the Department of Insurance to the Department
24 of Insurance and Financial Services, except with respect to
25 functions of the Chief Financial Officer; and
26 (3) Otherwise conforming the statutes to the abolition
27 of the offices of Comptroller and Treasurer, the creation of
28 the Office of Chief Financial Officer, the abolition of the
29 Department of Banking and Finance and the Department of
30 Insurance, and the creation of the Department of Insurance and
31 Financial Services.
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Florida House of Representatives - 2000 HB 739
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1 Section 7. Effective January 7, 2003, sections 20.12
2 and 20.13, Florida Statutes, are repealed.
3 Section 8. This act shall take effect upon becoming a
4 law.
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7 HOUSE SUMMARY
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Abolishes the Department of Insurance and the Department
9 of Banking and Finance, creates the Office of Chief
Financial Officer and the Department of Insurance and
10 Financial Services, and transfers the powers, duties,
functions, rules, records, personnel, property, and
11 unexpended balances of appropriations, allocations, and
other funds of the Department of Insurance, the
12 Department of Banking and Finance, and the Comptroller to
the Department of Insurance and Financial Services and
13 the Office of Chief Financial Officer.
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