House Bill hb2015

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    Florida House of Representatives - 2002                HB 2015

        By the Council for Smarter Government and Representative
    Cantens





  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         amending ss. 13.05, 14.202, 14.24, 112.215,

  4         114.03, 121.0312, 121.055, 121.4501, 215.44,

  5         215.62, 215.95, and 253.02, F.S.; changing the

  6         number and composition of certain boards,

  7         committees, commissions, and councils to

  8         conform memberships to reflect the

  9         reorganization of the constitutional officers

10         of the Cabinet as members of such boards,

11         committees, commissions, and councils;

12         providing an effective date.

13

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

15

16         Section 1.  Subsection (1) of section 13.05, Florida

17  Statutes, is amended to read:

18         13.05  Governor's Committee on Interstate

19  Cooperation.--

20         (1)  There is hereby established a committee of

21  administrative officials of this state to be officially known

22  as the Governor's Committee on Interstate Cooperation, and to

23  consist of five seven members.  Its members shall be the

24  Governor, Secretary of State, Attorney General, Chief

25  Financial Officer Comptroller, Treasurer, Commissioner of

26  Education, and Commissioner of Agriculture.  Any member of the

27  Governor's committee may designate an alternate to serve in

28  the member's place upon any occasion; such alternate shall be

29  an administrative official or employee of the state.

30         Section 2.  Section 14.202, Florida Statutes, is

31  amended to read:

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  1         14.202  Administration Commission.--There is created as

  2  part of the Executive Office of the Governor an Administration

  3  Commission composed of the Governor and Cabinet.  The Governor

  4  is chair of the commission.  The Governor or Chief Financial

  5  Officer Comptroller may call a meeting of the commission

  6  promptly each time the need therefor arises.  Unless otherwise

  7  provided herein, affirmative action by the commission shall

  8  require the approval of the Governor and at least two three

  9  other members of the commission. The commission shall adopt

10  rules pursuant to ss. 120.536(1) and 120.54 to implement

11  provisions of law conferring duties upon it.

12         Section 3.  Subsection (1) of section 14.24, Florida

13  Statutes, is amended to read:

14         14.24  Florida Commission on the Status of Women.--

15         (1)  There is established in the Office of the Attorney

16  General the Florida Commission on the Status of Women,

17  consisting of 16 22 members.  The Speaker of the House of

18  Representatives, the President of the Senate, the Attorney

19  General, and the Governor shall each appoint three members and

20  the Chief Financial Officer and Insurance Commissioner, the

21  Comptroller, the Secretary of State, the Commissioner of

22  Agriculture, and the Commissioner of Education shall each

23  appoint two members, for a term of 4 years, except that of the

24  initial appointments, one-half shall be for a 2-year term and

25  one-half shall be for a 4-year term. On January 7, 2003, the

26  Chief Financial Officer shall reappoint one of the members who

27  was serving on January 6, 2003.  If possible, the

28  reappointments shall be made so that the terms of the Chief

29  Financial Officer's appointees remain staggered but, if both

30  reappointees were serving terms of the same length, the

31  reappointment shall be made so that the staggering of terms is

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  1  maintained. The members appointed shall include persons who

  2  represent rural and urban interests and the ethnic and

  3  cultural diversity of the state's population.  No member shall

  4  serve more than 8 consecutive years on the commission.  A

  5  vacancy shall be filled for the remainder of the unexpired

  6  term in the same manner as the original appointment.

  7         Section 4.  Paragraph (a) of subsection (8) of section

  8  112.215, Florida Statutes, is amended:

  9         112.215  Government employees; deferred compensation

10  program.--

11         (8)(a)  There is hereby created a Deferred Compensation

12  Advisory Council composed of seven members.

13         1.  One member shall be appointed by the Speaker of the

14  House of Representatives and the President of the Senate

15  jointly and shall be an employee of the legislative branch.

16         2.  One member shall be appointed by the Chief Justice

17  of the Supreme Court and shall be an employee of the judicial

18  branch.

19         3.  One member shall be appointed by the chair of the

20  Public Employees Relations Commission and shall be a nonexempt

21  public employee.

22         4.  The remaining four members shall be employed by the

23  executive branch and shall be appointed as follows:

24         a.  One member shall be appointed by the Chancellor of

25  the State University System and shall be an employee of the

26  university system.

27         b.  One member shall be appointed by the Chief

28  Financial Officer Treasurer and shall be an employee of the

29  Chief Financial Officer Treasurer.

30         c.  One member shall be appointed by the Governor and

31  shall be an employee of the executive branch.

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  1         d.  One member shall be appointed by the Attorney

  2  General Comptroller and shall be an employee of the Attorney

  3  General Comptroller.

  4         Section 5.  Section 114.03, Florida Statutes, is

  5  amended to read:

  6         114.03  Certain executive officers not to absent

  7  themselves from the state.--The Secretary of State, Attorney

  8  General, Chief Financial Officer Comptroller, Treasurer,

  9  Commissioner of Education, and Commissioner of Agriculture

10  shall reside at the capital, and no member of the Cabinet

11  shall absent himself or herself from the state for a period of

12  60 consecutive days or more without the consent of the

13  Governor and a majority of the Cabinet.  If a Cabinet officer

14  should refuse or fail to comply with and observe the

15  requirements of this section, his or her office may be deemed

16  vacant pursuant to paragraph (f) or paragraph (g) of s.

17  114.01(1), as appropriate.

18         Section 6.  Section 121.0312, Florida Statutes, is

19  amended to read:

20         121.0312  Review; actuarial valuation report;

21  contribution rate determination process.--The Governor, Chief

22  Financial Officer Comptroller, and Attorney General Treasurer,

23  sitting as the Board of Trustees of the State Board of

24  Administration, shall review the actuarial valuation report

25  prepared in accordance with the provisions of this chapter.

26  The Board shall review the process by which Florida Retirement

27  System contribution rates are determined and recommend and

28  submit any comments regarding the process to the Legislature.

29         Section 7.  Paragraph (e) of subsection (1) of section

30  121.055, Florida Statutes, is amended to read:

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  1         121.055  Senior Management Service Class.--There is

  2  hereby established a separate class of membership within the

  3  Florida Retirement System to be known as the "Senior

  4  Management Service Class," which shall become effective

  5  February 1, 1987.

  6         (1)

  7         (e)  Effective January 1, 1991, participation in the

  8  Senior Management Service Class shall be compulsory for the

  9  number of senior managers who have policymaking authority with

10  the State Board of Administration, as determined by the

11  Governor, Attorney General Treasurer, and Chief Financial

12  Officer Comptroller acting as the State Board of

13  Administration, unless such member elects to participate in

14  the Senior Management Service Optional Annuity Program as

15  established in subsection (6) in lieu of participation in the

16  Senior Management Service Class. Such election shall be made

17  in writing and filed with the division and the personnel

18  officer of the State Board of Administration within 90 days

19  after becoming eligible for membership in the Senior

20  Management Service Class.

21         Section 8.  Paragraph (b) of subsection (12) of section

22  121.4501, Florida Statutes, is amended to read:

23         121.4501  Public Employee Optional Retirement

24  Program.--

25         (12)  ADVISORY COMMITTEES TO PROVIDE ADVICE AND

26  ASSISTANCE.--The Investment Advisory Council and the Public

27  Employee Optional Retirement Program Advisory Committee shall

28  assist the board in implementing and administering the Public

29  Employee Optional Retirement Program.

30         (b)1.  The Public Employee Optional Retirement Program

31  Advisory Committee shall be composed of seven members. The

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  1  President of the Senate shall appoint two members, the Speaker

  2  of the House of Representatives shall appoint two members, the

  3  Governor shall appoint one member, the Attorney General

  4  Treasurer shall appoint one member, and the Chief Financial

  5  Officer Comptroller shall appoint one member. The members of

  6  the advisory committee shall elect a member as chair. The

  7  appointments shall be made by September 1, 2000, and the

  8  committee shall meet to organize by October 1, 2000. The

  9  initial appointments shall be for a term of 24 months. Each

10  appointing authority shall fill any vacancy occurring among

11  its appointees for the remainder of the original term.

12         2.  The advisory committee shall make recommendations

13  on the selection of the third-party administrator, the

14  education providers, and the investment products and

15  providers. The committee's recommendations on the third-party

16  administrator must be forwarded to the Trustees of the State

17  Board of Administration by January 1, 2001. The

18  recommendations on the education providers must be forwarded

19  to the trustees by April 1, 2001.

20         3.  The advisory committee's recommendations and

21  activities shall be guided by the best interests of the

22  employees, considering the interests of employers, and the

23  intent of the Legislature in establishing the Public Employee

24  Optional Retirement Program.

25         4.  The staff of the state board and the department

26  shall assist the advisory committee.

27         Section 9.  Subsection (1) of section 215.44, Florida

28  Statutes, is amended to read:

29         215.44  Board of Administration; powers and duties in

30  relation to investment of trust funds.--

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  1         (1)  Except when otherwise specifically provided by the

  2  State Constitution and subject to any limitations of the trust

  3  agreement relating to a trust fund, the Board of

  4  Administration, hereinafter sometimes referred to as "board,"

  5  composed of the Governor as chair, the Attorney General

  6  Treasurer, and the Chief Financial Officer Comptroller, shall

  7  invest all the funds in the System Trust Fund, as defined in

  8  s. 121.021(36), and all other funds specifically required by

  9  law to be invested by the board pursuant to ss. 215.44-215.53

10  to the fullest extent that is consistent with the cash

11  requirements, trust agreement, and investment objectives of

12  the fund. Notwithstanding any other law to the contrary, the

13  State Board of Administration may invest any funds of any

14  state agency or any unit of local government pursuant to the

15  terms of a trust agreement with the head of the state agency

16  or the governing body of the unit of local government, which

17  trust agreement shall govern the investment of such funds,

18  provided that the board shall approve the undertaking of such

19  investment before execution of the trust agreement by the

20  State Board of Administration. The funds and the earnings

21  therefrom are exempt from the service charge imposed by s.

22  215.20. As used in this subsection, the term "state agency"

23  has the same meaning as that provided in s. 216.001, and the

24  terms "governing body" and "unit of local government" have the

25  same meaning as that provided in s. 218.403.

26         Section 10.  Subsection (1) of section 215.62, Florida

27  Statutes, is amended to read:

28         215.62  Division of Bond Finance.--

29         (1)  There is hereby created a division of the State

30  Board of Administration of the state to be known as the

31  Division of Bond Finance.  The Governor shall be the chair of

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  1  the governing board of the division, the Attorney General

  2  Comptroller shall be the secretary of the board, and the Chief

  3  Financial Officer Treasurer shall be the treasurer of the

  4  board for the purposes of this act.  The division shall be a

  5  public body corporate for the purposes of this act.

  6         Section 11.  Subsection (1) of section 215.95, Florida

  7  Statutes, is amended to read:

  8         215.95  Financial Management Information Board.--

  9         (1)  There is created, as part of the Administration

10  Commission, the Financial Management Information Board.  The

11  board shall be composed of the Governor, the Chief Financial

12  Officer Comptroller, and the Attorney General Treasurer.  The

13  Governor shall be chair of the board.  The Governor or the

14  Chief Financial Officer Comptroller may call a meeting of the

15  board at any time the need arises.

16         Section 12.  Subsection (1) of section 253.02, Florida

17  Statutes, is amended to read:

18         253.02  Board of trustees; powers and duties.--

19         (1)  For the purpose of assuring the proper application

20  of the Internal Improvement Trust Fund and the Land

21  Acquisition Trust Fund for the purposes of this chapter, the

22  land provided for in ss. 253.01 and 253.03, and all the funds

23  arising from the sale thereof, after paying the necessary

24  expense of selection, management, and sale, are irrevocably

25  vested in a board of four seven trustees, to wit: The

26  Governor, the Secretary of State, the Attorney General, the

27  Chief Financial Officer Comptroller, the State Treasurer, the

28  Commissioner of Education, and the Commissioner of Agriculture

29  and their successors in office, to hold the same in trust for

30  the uses and purposes provided in this chapter, with the power

31  to sell and transfer said lands to the purchasers and receive

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  1  payment for the same, and invest the surplus moneys arising

  2  therefrom, from time to time, in stocks of the United States,

  3  stocks of the several states, or the internal improvement

  4  bonds issued under the provisions of law; also, the surplus

  5  interest accruing from such investments.  Said board of

  6  trustees have all the rights, powers, property, claims,

  7  remedies, actions, suits, and things whatsoever belonging to

  8  them, or appertaining before and at the time of the enactment

  9  hereof, and they shall remain subject to and pay, fulfill,

10  perform, and discharge all debts, duties, and obligations of

11  their trust, existing at the time of the enactment hereof or

12  provided in this chapter.

13         Section 13.  This act shall take effect January 7,

14  2003.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Changes the number and composition of various boards,
19    committees, commissions, and councils to conform
      memberships to reflect the reorganization of the
20    constitutional officers of the Cabinet as members of such
      boards, committees, commissions, and councils. See bill
21    for details.

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