Senate Bill sb0232

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    Florida Senate - 2002                                   SB 232

    By Senator Geller





    29-79-02

  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         creating the Department of Banking and

  4         Insurance; repealing ss. 20.12, 20.13, F.S.;

  5         abolishing the Department of Banking and

  6         Finance and the Department of Insurance;

  7         amending ss. 17.011, 17.02, 17.03, 17.031,

  8         17.04, 17.0401, 17.041, 17.0415, 17.05, 17.06,

  9         17.075, 17.076, 17.08, 17.09, 17.10, 17.11,

10         17.12, 17.13, 17.14, 17.16, 17.17, 17.20,

11         17.21, 17.22, 17.25, 17.26, 17.27, 17.28,

12         17.29, 17.30, 17.32, 17.325, 17.41, 17.43,

13         F.S.; conforming provisions; transferring,

14         renumbering, and amending ss. 18.01, 18.02,

15         18.021, 18.06, 18.07, 18.091, 18.10, 18.101,

16         18.103, 18.104, 18.125, 18.15, 18.17, 18.20,

17         18.23, 18.24, F.S.; conforming provisions;

18         transferring the duties, powers, functions,

19         records, personnel, property, unexpended

20         balances of appropriations, and other funds of

21         the Department of Insurance and the Department

22         of Banking and Finance to the Department of

23         Banking and Insurance; transferring the duties,

24         powers, functions, records, personnel,

25         property, unexpended appropriations, and other

26         funds of the Division of State Fire Marshal of

27         the Department of Insurance to the Department

28         of Agriculture and Consumer Services; repealing

29         s. 18.03, F.S., relating to residence and

30         office of the Treasurer; repealing s. 18.05,

31         F.S., relating to annual report to Governor;

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  1         repealing s. 18.08, F.S., relating to warrants

  2         turned over to the Comptroller; repealing s.

  3         18.09, F.S., relating to annual report to the

  4         Legislature; repealing s. 18.22, F.S., relating

  5         to rulemaking authority of the Department of

  6         Banking and Finance; providing an effective

  7         date.

  8

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

10

11         Section 1.  Department of Banking and Insurance.--There

12  is created a Department of Banking and Insurance.

13         (1)  The head of the Department of Banking and

14  Insurance is the Chief Financial Officer.

15         (2)  The following divisions of the Department of

16  Banking and Insurance are established:

17         (a)  Division of Insurer Services.

18         (b)  Division of Insurance Consumer Services.

19         (c)  Division of Agents and Agencies Services.

20         (d)  Division of Rehabilitation and Liquidation.

21         (e)  Division of Risk Management.

22         (f)  Division of Financial Investigation.

23         (g)  Division of Insurance Fraud.

24         (h)  Division of Administration.

25         (i)  Division of Treasury.

26         (j)  Division of Legal Services.

27         (3)(a)  The department shall have an assistant chief

28  financial officer.

29         (b)  The Division of Insurer Services shall have at

30  least two deputy directors.  All other divisions shall have a

31  director and may have an assistant director.  The department

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  1  may change the name of any division, by rule, if the name

  2  indicates the responsibilities of the division.

  3         (4)  The Division of Insurance Fraud shall enforce the

  4  provisions of section 626.989, Florida Statutes.  The division

  5  shall establish a Bureau of Workers' Compensation Insurance

  6  Fraud for the sole purpose of enforcing those provisions of

  7  chapter 440, Florida Statutes, which, if violated, would

  8  result in the commission of fraudulent insurance acts.

  9         (5)  A Bureau of Financial and Support Services is

10  created within the Division of Administration.

11         (6)(a)  The Division of Treasury, in addition to other

12  matters that may be assigned to or located within the

13  division, shall administer the Government Employees Deferred

14  Compensation Plan established under section 112.215, Florida

15  Statutes, for state employees.

16         (b)  To carry out the purposes of paragraph (a), a

17  Section of Government Employee Deferred Compensation is

18  created within the Division of Treasury.

19         (7)  There is created as a subunit within the

20  department the Office of Financial Investigation. The office

21  shall:

22         (a)  Function as a criminal justice agency within the

23  meaning of section 943.045(10)(d), Florida Statutes; and

24         (b)  Have a separate budget.

25         Section 2.  Section 17.011, Florida Statutes, is

26  amended to read:

27         17.011  Chief Financial Officer Assistant

28  comptroller.--The Chief Financial Officer Comptroller of the

29  state may appoint an assistant Chief Financial Officer

30  comptroller to hold office at during the pleasure of the Chief

31  Financial Officer Comptroller.

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  1         Section 3.  Section 17.02, Florida Statutes, is amended

  2  to read:

  3         17.02  Place of residence and office.--The Chief

  4  Financial Officer Comptroller shall reside at the seat of

  5  government of this state, and shall hold office in a room in

  6  the Capitol.

  7         Section 4.  Section 17.03, Florida Statutes, is amended

  8  to read:

  9         17.03  Duty to audit claims against the state.--

10         (1)  The Chief Financial Officer Comptroller of this

11  state, using generally accepted auditing procedures for

12  testing or sampling, shall examine, audit, and settle all

13  accounts, claims, and demands, whatsoever, against the state,

14  arising under any law or resolution of the Legislature, and

15  shall issue a warrant to the Treasurer directing the Treasurer

16  to pay out of the State Treasury such amount as is shall be

17  allowed by law the Comptroller thereon.

18         (2)  The Chief Financial Officer Comptroller may

19  establish dollar thresholds applicable to each invoice amount

20  and other criteria for testing or sampling invoices on a

21  preaudit and postaudit basis.  The Chief Financial Officer

22  Comptroller may revise such thresholds and other criteria for

23  an agency or the unit of any agency as he or she deems

24  appropriate.

25         (3)  The Chief Financial Officer Comptroller may adopt

26  and disseminate to the agencies procedural and documentation

27  standards for payment requests and may provide training and

28  technical assistance to the agencies for these standards.

29         (4)  The Chief Financial Officer Comptroller shall have

30  the legal duty of delivering all state warrants and shall be

31  charged with the official responsibility of the protection and

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  1  security of the state warrants while in his or her custody.

  2  The Chief Financial Officer Comptroller may delegate this

  3  authority to other state agencies or officers.

  4         Section 5.  Section 17.031, Florida Statutes, is

  5  amended to read:

  6         17.031  Security of Chief Financial Officer's

  7  Comptroller's office.--The Chief Financial Officer Comptroller

  8  is authorized to engage the full-time services of two law

  9  enforcement officers, with power of arrest, to prevent all

10  acts of a criminal nature directed at the property in the

11  custody or control of the Chief Financial Officer Comptroller.

12  While so assigned, these said officers shall be under the

13  direction and supervision of the Chief Financial Officer

14  Comptroller, and their salaries and expenses shall be paid

15  from the general fund of the office of Chief Financial Officer

16  Comptroller.

17         Section 6.  Section 17.04, Florida Statutes, is amended

18  to read:

19         17.04  To audit and adjust accounts of officers and

20  those indebted to the state.--The Department of Banking and

21  Insurance Finance of this state, using generally accepted

22  auditing procedures for testing or sampling, shall examine,

23  audit, adjust, and settle the accounts of all the officers of

24  this state, and any other person in anywise entrusted with, or

25  who may have received any property, funds, or moneys of this

26  state, or who may be in anywise indebted or accountable to

27  this state for any property, funds, or moneys, and require

28  such officers officer or persons to render full accounts

29  thereof, and to yield up such property or funds according to

30  law, or pay such moneys into the treasury of this state, or to

31  such officer or agent of the state as is may be appointed to

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  1  receive the same, and on failure so to do, to cause to be

  2  instituted and prosecuted proceedings, criminal or civil, at

  3  law or in equity, against such persons, according to law.  The

  4  Division of Financial Investigations may conduct

  5  investigations within or outside of this state as it deems

  6  necessary to aid in the enforcement of this section.  If

  7  during an investigation the division has reason to believe

  8  that any criminal statute of this state has or may have been

  9  violated, the division shall refer any records tending to show

10  such violation to state or federal law enforcement or

11  prosecutorial agencies and shall provide investigative

12  assistance to those agencies as required.

13         Section 7.  Section 17.0401, Florida Statutes, is

14  amended to read:

15         17.0401  Confidentiality of information relating to

16  financial investigations.--Except as otherwise provided by

17  this section, information relative to an investigation

18  conducted by the Division of Financial Investigations pursuant

19  to s. 17.04, including any consumer complaint, is confidential

20  and exempt from the provisions of s. 119.07(1) and s. 24(a),

21  Art. I of the State Constitution until the investigation is

22  completed or ceases to be active.  Any information relating to

23  an investigation conducted by the division pursuant to s.

24  17.04 shall remain confidential and exempt from the provisions

25  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

26  after the division's investigation is completed or ceases to

27  be active if the division submits the information to any law

28  enforcement or prosecutorial agency for further investigation.

29  Such information shall remain confidential and exempt from the

30  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution until that agency's investigation is completed or

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  1  ceases to be active.  For purposes of this section, an

  2  investigation shall be considered "active" so long as the

  3  division or any law enforcement or prosecutorial agency is

  4  proceeding with reasonable dispatch and has a reasonable good

  5  faith belief that the investigation may lead to the filing of

  6  an administrative, civil, or criminal proceeding.  This

  7  section shall not be construed to prohibit disclosure of

  8  information that which is required by law to be filed with the

  9  Department of Banking and Insurance Finance and that which,

10  but for the investigation, would otherwise be subject to

11  public disclosure. Nothing in this section shall be construed

12  to prohibit the division from providing information to any law

13  enforcement or prosecutorial agency.  Any law enforcement or

14  prosecutorial agency receiving confidential information from

15  the division in connection with its official duties shall

16  maintain the confidentiality of the information as provided

17  for in this section.

18         Section 8.  Section 17.041, Florida Statutes, is

19  amended to read:

20         17.041  County and district accounts and claims.--

21         (1)  It shall be the duty of the Department of Banking

22  and Insurance Finance of this state to adjust and settle, or

23  cause to be adjusted and settled, all accounts and claims

24  heretofore or hereafter reported to it by the Auditor General,

25  the appropriate county or district official, or any person

26  against all county and district officers and employees, and

27  against all other persons entrusted with, or who may have

28  received, any property, funds, or moneys of a county or

29  district or who may be in anywise indebted to or accountable

30  to a county or district for any property, funds, moneys, or

31  other thing of value, and to require such officer, employee,

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  1  or person to render full accounts thereof and to yield up such

  2  property, funds, moneys, or other thing of value according to

  3  law to the officer or authority entitled by law to receive the

  4  same.

  5         (2)  On the failure of such officer, employee, or

  6  person to adjust and settle such account, or to yield up such

  7  property, funds, moneys, or other thing of value, the

  8  department shall direct the attorney for the board of county

  9  commissioners, the district school board, or the district, as

10  the case may be, entitled to such account, property, funds,

11  moneys, or other thing of value to represent such county or

12  district in enforcing settlement, payment, or delivery of such

13  account, property, funds, moneys, or other thing of value. The

14  department may enforce such settlement, payment, or delivery

15  pursuant to s. 17.20.

16         (3)  If Should the attorney for the county or district

17  is aforesaid be disqualified or unable to act, and no other

18  attorney is be furnished by the county or district, or if

19  should the department otherwise considers deem it advisable,

20  such account or claim may be certified to the Department of

21  Legal Affairs by the department, to be prosecuted by the

22  Department of Legal Affairs at county or district expense, as

23  the case may be, including necessary per diem and travel

24  expense in accordance with s. 112.061, as now or hereafter

25  amended.  Such expenses, when approved by the department,

26  shall be paid forthwith by such county or district.

27         (4)  If Should it appears appear to the department that

28  any criminal statute of this state has been or may have been

29  violated by such defaulting officer, employee, or person, such

30  information, evidence, documents, and other things tending to

31  show such a violation, whether in the hands of the Chief

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  1  Financial Officer Comptroller, the Auditor General, the

  2  county, or the district, shall be forthwith turned over to the

  3  proper state attorney for inspection, study, and such action

  4  as is may be deemed proper, or the same may be brought to the

  5  attention of the proper grand jury.

  6         (5)  No such account or claim, after it has been

  7  certified to the department, may be settled for less than the

  8  amount due according to law without the written consent of the

  9  department, and any attempt to make settlement in violation of

10  this subsection is shall be deemed null and void.  A county or

11  district board seeking desiring to make such a settlement

12  shall incorporate the proposed settlement into a resolution,

13  stating that the proposed settlement is contingent upon the

14  Chief Financial Officer's Comptroller's approval, and shall

15  submit two copies of the resolution to the department.  The

16  department shall return one copy with the Chief Financial

17  Officer's Comptroller's action endorsed thereon.

18         (6)  No settlement of account of any such officer,

19  employee, or person, with the county or district, or any of

20  their officers or agents, made in an amount or manner other

21  than as authorized by law or for other than a lawful county or

22  district purpose, is shall be binding upon such county or

23  district unless and until approved by the department, or

24  unless more than 4 years shall have elapsed from the date of

25  such settlement.

26         (7)  Nothing in this section shall supersede the

27  continuing duty of the proper county and district officers to

28  require any officer, employee, or person to render full

29  accounts of and to yield up according to law to the officer or

30  authority entitled by law to receive the same, any property,

31  funds, moneys, or other thing of value as to which such

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  1  officer, employee, or person is in anywise indebted to or

  2  accountable to such county or district.  The provisions of

  3  this section provide for collections and recoveries that which

  4  the proper county or district officers have failed to make,

  5  and for correction of settlements made in an amount or manner

  6  other than as authorized by law.

  7         Section 9.  Section 17.0415, Florida Statutes, is

  8  amended to read:

  9         17.0415  Transfer and assignment of claims.--In order

10  to facilitate their collection from third parties, the Chief

11  Financial Officer Comptroller may authorize the assignment of

12  claims among the state, its agencies, and its subdivisions,

13  whether arising from criminal, civil, or other judgments in

14  state or federal court. The state, its agencies, and its

15  subdivisions, may assign claims under such terms as are

16  mutually acceptable to the Chief Financial Officer Comptroller

17  and the assignee and assignor.  The assigned claim may be

18  enforced as a setoff to any claim against the state, its

19  agencies, or its subdivisions, by garnishment or in the same

20  manner as a judgment in a civil action.  Claims against the

21  state, its agencies, and its subdivisions resulting from the

22  condemnation of property protected by the provisions of s. 4,

23  Art. X of the State Constitution are not subject to setoff

24  pursuant to this section.

25         Section 10.  Section 17.05, Florida Statutes, is

26  amended to read:

27         17.05  Subpoenas; sworn statements; enforcement

28  proceedings.--

29         (1)  The Chief Financial Officer Comptroller may demand

30  and require full answers on oath from any and every person

31  that is, party or privy to any account, claim, or demand

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  1  against or by the state which, such as it is may be the Chief

  2  Financial Officer's Comptroller's official duty to examine

  3  into, and the Chief Financial Officer which answers the

  4  Comptroller may require that these answers to be in writing

  5  and to be sworn to before the Chief Financial Officer

  6  Comptroller or the department or before any judicial officer

  7  or clerk of any court of the state so as to enable the Chief

  8  Financial Officer Comptroller to determine the justice or

  9  legality of such account, claim, or demand.

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

11  Chief Financial Officer Comptroller or his or her designee

12  may:

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

14  witnesses.

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

16  writing, under oath or otherwise as the Chief Financial

17  Officer Comptroller or his or her designee requires, as to all

18  the facts and circumstances concerning the matter to be

19  audited, examined, or investigated.

20         (3)  Subpoenas shall be issued by the Chief Financial

21  Officer Comptroller or his or her designee under seal

22  commanding such witnesses to appear before the Chief Financial

23  Officer Comptroller or the Chief Financial Officer's

24  Comptroller's representative or the department at a specified

25  time and place and to bring books, records, and documents as

26  specified or to submit books, records, and documents for

27  inspection.  Such subpoenas may be served by an authorized

28  representative of the Chief Financial Officer Comptroller or

29  the department.

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

31  issued pursuant to this section, the Chief Financial Officer

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  1  Comptroller or the department may petition the circuit court

  2  of the county in which the person subpoenaed resides or has

  3  his or her principal place of business for an order requiring

  4  the subpoenaed person to appear and testify and to produce

  5  books, records, and documents as specified in the subpoena.

  6  The court may grant legal, equitable, or injunctive relief,

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

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

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

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

11  or other disposition of subpoenaed books, records, or

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

13  has fully complied with such subpoena and the Chief Financial

14  Officer Comptroller or the department has completed the audit,

15  examination, or investigation.  The Chief Financial Officer

16  Comptroller or the department is entitled to the summary

17  procedure provided in s. 51.011, and the court shall advance

18  the cause on its calendar.  Costs incurred by the Chief

19  Financial Officer Comptroller or the department to obtain an

20  order granting, in whole or in part, such petition for

21  enforcement of a subpoena shall be charged against the

22  subpoenaed person, and failure to comply with such order shall

23  be a contempt of court.

24         Section 11.  Section 17.06, Florida Statutes, is

25  amended to read:

26         17.06  Disallowed items and accounts.--The Chief

27  Financial Officer Comptroller shall erase from any original

28  account all items disallowed by him or her; and when the Chief

29  Financial Officer Comptroller shall reject the whole of any

30  account he or she shall write across the face of it the word

31  "disallowed," and the date, and file the same in the Chief

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  1  Financial Officer's Comptroller's office or deliver it to the

  2  claimant.

  3         Section 12.  Section 17.075, Florida Statutes, is

  4  amended to read:

  5         17.075  Form of state warrants and other payment

  6  orders; rules.--

  7         (1)  The Department of Banking and Insurance Finance is

  8  authorized to establish the form or forms of state warrants

  9  that which are to be drawn by it and of other orders for

10  payment or disbursement of moneys out of the State Treasury

11  and to change the form thereof from time to time as the

12  department may consider necessary or appropriate.  Such orders

13  for payment may be in any form, but, regardless of form, each

14  order shall be subject to the accounting and recordkeeping

15  requirements applicable to state warrants.

16         (2)  The department shall adopt rules establishing

17  accounting and recordkeeping procedures for all payments made

18  by electronic transfer of funds or by any other means.  Such

19  procedures shall be consistent with the statutory requirements

20  applicable to payments by state warrant.

21         Section 13.  Section 17.076, Florida Statutes, is

22  amended to read:

23         17.076  Direct deposit of funds.--

24         (1)  As used in this section:

25         (a)  "Beneficiary" means any person who is drawing

26  salary or retirement benefits from the state or who is the

27  recipient of any lawful payment from state funds.

28         (b)  "Department" means the Department of Banking and

29  Insurance Finance.

30         (2)  The department shall establish a program for the

31  direct deposit of funds to the account of the beneficiary of

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  1  such a payment or disbursement in any financial institution

  2  equipped for electronic fund transfers, which institution is

  3  designated in writing by such beneficiary and has lawful

  4  authority to accept such deposits. Direct deposit of funds

  5  shall be by any electronic or other transfer medium approved

  6  by the department for such purpose.

  7         (3)  The department may contract with an authorized

  8  financial institution for the services necessary to operate

  9  the program.  In order to implement the provisions of this

10  section, the Chief Financial Officer Comptroller is authorized

11  to deposit with that financial institution the funds payable

12  to the beneficiaries, in lump sum, by Chief Financial

13  Officer's Comptroller's warrant to make the authorized direct

14  deposits.

15         (4)  The written authorization of a beneficiary shall

16  be filed with the department or its designee. Such

17  authorization shall remain in effect until withdrawn in

18  writing by the beneficiary or dishonored by the designated

19  financial institution.

20         (5)  All direct deposit records made prior to October

21  1, 1986, are exempt from the provisions of s. 119.07(1).  With

22  respect to direct deposit records made on or after October 1,

23  1986, the names of the authorized financial institutions and

24  the account numbers of the beneficiaries are confidential and

25  exempt from the provisions of s. 119.07(1).

26         (6)  The department shall implement local option direct

27  deposit of funds for local governmental entities by January 1,

28  1996.

29         (7)  To cover the department's actual costs for

30  processing the direct deposit of funds other than salary or

31  retirement benefits, the department may charge the beneficiary

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  1  of the direct deposit a reasonable fee. The department may

  2  collect the fee by direct receipt from the beneficiary or by

  3  subtracting the amount of the fee from the funds due the

  4  beneficiary.  Such fees collected by the department shall be

  5  deposited into the Department of Banking and Finance

  6  Administrative Trust Fund.

  7         (8)  Effective July 1, 2000, All new recipients of

  8  retirement benefits from this state shall be paid by direct

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

10  exemption from the provisions of this subsection when such

11  retiree can demonstrate a hardship. The department may pay

12  retirement benefits by state warrant when deemed

13  administratively necessary.

14         Section 14.  Section 17.08, Florida Statutes, is

15  amended to read:

16         17.08  Accounts, etc., on which warrants drawn, to be

17  filed.--All accounts, vouchers, and evidence, upon which

18  warrants have heretofore been, or shall hereafter be, drawn

19  upon the treasury by the Chief Financial Officer Comptroller

20  shall be filed and deposited in the office of the Chief

21  Financial Officer Comptroller or the office of the Chief

22  Financial Officer's Comptroller's designee, in accordance with

23  requirements established by law the Secretary of State.

24         Section 15.  Section 17.09, Florida Statutes, is

25  amended to read:

26         17.09  Application for warrants for salaries.--All

27  public officers who are entitled to salaries in this state,

28  shall make their application for warrants in writing, stating

29  for what terms and the amount they claim, which written

30  application shall be filed by the Chief Financial Officer

31  Comptroller as vouchers for the warrants issued thereupon.

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  1         Section 16.  Section 17.10, Florida Statutes, is

  2  amended to read:

  3         17.10  Record of warrants issued.--The Chief Financial

  4  Officer Comptroller shall cause to be entered in the warrant

  5  register a record of the warrants issued during the previous

  6  month, and shall make such entry in the record so required to

  7  be kept as shall show the number of each warrant issued, in

  8  whose favor drawn, and the date it was issued.

  9         Section 17.  Section 17.11, Florida Statutes, is

10  amended to read:

11         17.11  To report disbursements made.--

12         (1)  The Chief Financial Officer Comptroller shall make

13  in all his or her future annual reports an exhibit stated from

14  the record of disbursements made during the fiscal year, and

15  the several heads of expenditures under which such

16  disbursements were made.

17         (2)  The Chief Financial Officer Comptroller shall also

18  cause to have reported from the Florida Accounting Information

19  Resource Subsystem no less than quarterly the disbursements

20  that which agencies have made to small businesses, as defined

21  in the Florida Small and Minority Business Assistance Act of

22  1985; to certified minority business enterprises in the

23  aggregate; and to certified minority business enterprises

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

25  gender and nationality subgroups. This information shall be

26  made available to the agencies, the Minority Business Advocacy

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

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

29  agency shall be responsible for the accuracy of information

30  entered into the Florida Accounting Information Resource

31  Subsystem for use in this reporting.

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  1         Section 18.  Section 17.12, Florida Statutes, is

  2  amended to read:

  3         17.12  Authorized to issue warrants to tax collector or

  4  sheriff for payment.--Whenever it appears shall appear to the

  5  satisfaction of the Chief Financial Officer Comptroller of

  6  this state from examination of the books of his or her office

  7  that the tax collector or the sheriff for any county in this

  8  state has paid into the State Treasury, through mistake or

  9  otherwise, a larger or greater sum than is actually due from

10  the tax said collector or sheriff, then the Chief Financial

11  Officer Comptroller may issue a warrant to the tax said

12  collector or sheriff for the sum so found to be overpaid.

13         Section 19.  Section 17.13, Florida Statutes, is

14  amended to read:

15         17.13  To duplicate warrants lost or destroyed.--

16         (1)  The Chief Financial Officer Comptroller is

17  required to duplicate any Comptroller's warrants that may have

18  been lost or destroyed, or may hereafter be lost or destroyed,

19  upon the owner thereof or the owner's agent or attorney

20  presenting the Chief Financial Officer Comptroller the

21  statement, under oath, reciting the number, date, and amount

22  of any warrant or the best and most definite description in

23  his or her knowledge and the circumstances of its loss; if the

24  Chief Financial Officer Comptroller deems it necessary, the

25  owner or the owner's agent or attorney shall file in the

26  office of the Chief Financial Officer Comptroller a surety

27  bond, or a bond with securities, to be approved by one of the

28  judges of the circuit court or one of the justices of the

29  Supreme Court, in a penalty of not less than twice the amount

30  of any warrants so duplicated, conditioned to indemnify the

31

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  1  state and any innocent holders thereof from any damages that

  2  may accrue from such duplication.

  3         (2)  The Chief Financial Officer Comptroller is

  4  required to duplicate any Chief Financial Officer's

  5  Comptroller's warrant that may have been lost or destroyed, if

  6  it was or may hereafter be lost or destroyed, when sent to any

  7  payee via any state agency and was when such warrant is lost

  8  or destroyed prior to being received by the payee and if

  9  provided the director of the state agency to whom the warrant

10  was sent presents to the Chief Financial Officer Comptroller a

11  statement, under oath, reciting the number, date, and amount

12  of the warrant lost or destroyed, the circumstances

13  surrounding the loss or destruction of such warrant, and any

14  additional information that the Chief Financial Officer

15  requests Comptroller shall request in regard to such warrant.

16         (3)  Any duplicate Chief Financial Officer's

17  Comptroller's warrant issued in pursuance of this section is

18  the above provisions shall be of the same validity as the

19  original was before its loss.

20         Section 20.  Section 17.14, Florida Statutes, is

21  amended to read:

22         17.14  To prescribe forms.--The Department of Banking

23  and Insurance Finance may prescribe the forms of all papers,

24  vouchers, reports, and returns and the manner of keeping the

25  accounts and papers to be used by the officers of this state

26  or other persons having accounts, claims, or demands against

27  the state or entrusted with the collection of any of the

28  revenue thereof or any demand due the same, which form shall

29  be pursued by such officer or other persons.

30         Section 21.  Section 17.16, Florida Statutes, is

31  amended to read:

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  1         17.16  Seal.--The seal of office of the Chief Financial

  2  Officer Comptroller of the state shall be the same as the seal

  3  heretofore used by the Comptroller for that purpose.

  4         Section 22.  Section 17.17, Florida Statutes, is

  5  amended to read:

  6         17.17  Examination by Governor and report.--The office

  7  of Chief Financial Officer Comptroller of the state, and the

  8  associated books, files, documents, records, and papers, shall

  9  always remain be subject to the examination of the Governor of

10  this state, or any person the Governor authorizes may

11  authorize to examine the same; and on the first day of January

12  of each and every year, or oftener if called for by the

13  Governor, the Chief Financial Officer Comptroller shall make a

14  full report of all his or her official acts and proceedings

15  for the last fiscal year to the Governor, to be laid before

16  the Legislature with the Governor's message, and shall make

17  such further report as the constitution requires may require.

18         Section 23.  Section 17.20, Florida Statutes, is

19  amended to read:

20         17.20  Assignment of claims for collection.--

21         (1)  The Department of Banking and Insurance Finance

22  shall charge the state attorneys with the collection of all

23  claims that are placed in their hands for collection of money

24  or property for the state or any county or special district,

25  or that it otherwise requires them to collect.  The charges

26  are evidence of indebtedness of a state attorney against whom

27  any charge is made for the full amount of the claim, until the

28  charges have been collected and paid into the treasury of the

29  state or of the county or special district or the legal

30  remedies of the state have been exhausted, or until the state

31  attorney demonstrates to the department that the failure to

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  1  collect the charges is not due to negligence and the

  2  department has made a proper entry of satisfaction of the

  3  charge against the state attorney.

  4         (2)  The department may assign the collection of any

  5  claim to a collection agent who is registered and in good

  6  standing pursuant to chapter 559, if the department determines

  7  the assignation to be cost-effective.  The department may pay

  8  an agent from any amount collected under the claim a fee that

  9  the department and the agent have agreed upon; may authorize

10  the agent to deduct the fee from the amount collected; may

11  require the appropriate state agency, county, or special

12  district to pay the agent the fee from any amount collected by

13  the agent on its behalf; or may authorize the agent to add the

14  fee to the amount to be collected.

15         (3)  Notwithstanding any other provision of law, in any

16  contract providing for the location or collection of unclaimed

17  property, the department may authorize the contractor to

18  deduct its fees and expenses for services provided under the

19  contract from the unclaimed property that the contractor has

20  recovered or collected under the contract. The department

21  shall annually report to the Governor, the President of the

22  Senate, and the Speaker of the House of Representatives the

23  total amount collected or recovered by each contractor during

24  the previous fiscal year and the total fees and expenses

25  deducted by each contractor.

26         Section 24.  Section 17.21, Florida Statutes, is

27  amended to read:

28         17.21  Not to allow any claim of state attorney against

29  state until report made.--The Chief Financial Officer

30  Comptroller shall not audit or allow any claim that which any

31  state attorney may have against the state for services who

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  1  fails shall fail to make any report that which by law the

  2  state attorney is required to make to the Chief Financial

  3  Officer Comptroller of claims of the state which it is his or

  4  her duty to collect.

  5         Section 25.  Section 17.22, Florida Statutes, is

  6  amended to read:

  7         17.22  Notice to Department of Legal Affairs.--Whenever

  8  the Department of Banking and Insurance Finance forwards any

  9  bond or account or claim for suit to any state attorney, it

10  shall advise the Department of Legal Affairs of the fact,

11  giving it the amount of the claim and other necessary

12  particulars for its full information upon the subject.

13         Section 26.  Section 17.25, Florida Statutes, is

14  amended to read:

15         17.25  May certify copies.--The Chief Financial Officer

16  Comptroller of this state may certify, under his or her seal

17  of office, copies of any record, paper, or document, by law

18  placed in the Chief Financial Officer's Comptroller's custody,

19  keeping, and care; and such certified copy shall have the same

20  force and effect as evidence as the original would have.

21         Section 27.  Section 17.26, Florida Statutes, is

22  amended to read:

23         17.26  Cancellation of state warrants not presented

24  within 1 year.--

25         (1)  If any state warrant issued by the Chief Financial

26  Officer Comptroller against any fund in the State Treasury is

27  not presented for payment within 1 year after the last day of

28  the month in which it was originally issued, the Chief

29  Financial Officer Comptroller may cancel the warrant and

30  credit the amount of the warrant to the fund upon which it is

31  drawn.  If the warrant so canceled was issued against a fund

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  1  that is no longer operative, the amount of the warrant shall

  2  be credited to the General Revenue Fund. The Chief Financial

  3  Officer Treasurer shall not honor any state warrant after it

  4  has been canceled.

  5         (2)  The funds represented by a warrant canceled under

  6  subsection (1) are presumed abandoned by the payee or person

  7  entitled to the warrant and shall be reported and remitted as

  8  unclaimed property under s. 717.117, except that written

  9  notice to the apparent owner of the unclaimed property is not

10  required before filing of the report. An action may not be

11  commenced thereafter for recovery of funds represented by the

12  warrant, except as provided by chapter 717. This subsection

13  applies to all warrants issued on or after July 1, 1992.

14         (3)  When a warrant canceled under subsection (1)

15  represents funds that are in whole or in part derived from

16  federal contributions and disposition of the funds under

17  chapter 717 would cause a loss of the federal contributions,

18  the Governor shall certify to the Chief Financial Officer

19  Comptroller that funds represented by such warrants are for

20  that reason exempt from treatment as unclaimed property.

21  Obligations represented by warrants are unenforceable after 1

22  year from the last day of the month in which the warrant was

23  originally issued.  An action may not be commenced thereafter

24  on the obligation unless authorized by the federal program

25  from which the original warrant was funded and unless payment

26  of the obligation is authorized to be made from the current

27  federal funding.  When a payee or person entitled to a warrant

28  subject to this paragraph requests payment, and payment from

29  current federal funding is authorized by the federal program

30  from which the original warrant was funded, the Chief

31  Financial Officer Comptroller may, upon investigation, issue a

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  1  new warrant to be paid out of the proper fund in the State

  2  Treasury, provided the payee or other person executes under

  3  oath the statement required by s. 17.13 or surrenders the

  4  canceled warrant.

  5         (4)  If a valid obligation of the state is due, owing,

  6  and unpaid and it becomes unenforceable for any reason because

  7  of the provisions and limitations contained in this section,

  8  the person entitled to payment on the obligation may present a

  9  claim for relief to the Legislature, provided the claim is

10  made within the time limitations presently provided by law.

11         (5)  This section does not extend any applicable

12  statute of limitations or revive any barred claim with respect

13  to any state obligation outstanding and unpaid on July 1,

14  1995.

15         Section 28.  Section 17.27, Florida Statutes, is

16  amended to read:

17         17.27  Microfilming and destroying records and

18  correspondence.--

19         (1)  The Department of Banking and Insurance Finance

20  may destroy general correspondence files, and also any other

21  records that which the department considers to may deem no

22  longer require preservation, necessary to preserve in

23  accordance with retention schedules and destruction notices

24  established under rules of the Division of Library and

25  Information Services, records and information management

26  program, of the Department of State. Such schedules and

27  notices relating to financial records of the department shall

28  be subject to the approval of the Auditor General.

29         (2)  The Department of Banking and Insurance Finance

30  may photograph, microphotograph, or reproduce on film any of

31  its such documents and records as it may select, in such

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  1  manner that each page will be exposed in exact conformity with

  2  the original.

  3         (3)  The Department of Banking and Insurance Finance

  4  may destroy any of such said documents after they have been

  5  photographed and filed in accordance with the provisions of

  6  subsection (1).

  7         (4)  Photographs or microphotographs in the form of

  8  film or prints of any records made in compliance with the

  9  provisions of this section shall have the same force and

10  effect as the originals thereof would have, and shall be

11  treated as originals for the purpose of their admissibility in

12  evidence.  Duly certified or authenticated reproductions of

13  such photographs or microphotographs shall be admitted in

14  evidence equally with the original photographs or

15  microphotographs.

16         Section 29.  Section 17.28, Florida Statutes, is

17  amended to read:

18         17.28  Chief Financial Officer Comptroller may

19  authorize biweekly salary payments.--The Chief Financial

20  Officer Comptroller is authorized and may permit biweekly

21  salary payments to personnel upon written request by a

22  specific state agency.  The Chief Financial Officer

23  Comptroller shall adopt promulgate reasonable rules and

24  regulations to carry out the intent of this section.

25         Section 30.  Section 17.29, Florida Statutes, is

26  amended to read:

27         17.29  Authority to prescribe rules.--The Chief

28  Financial Officer may Comptroller has authority to adopt rules

29  pursuant to ss. 120.54 and 120.536(1) to implement duties

30  assigned by statute or the State Constitution. Such rules may

31  include, but are not limited to, the following:

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  1         (1)  Procedures or policies relating to the processing

  2  of payments from salaries, other personal services, or any

  3  other applicable appropriation.

  4         (2)  Procedures for processing interagency and

  5  intraagency payments that which do not require the issuance of

  6  a state warrant.

  7         Section 31.  Section 17.30, Florida Statutes, is

  8  amended to read:

  9         17.30  Dissemination of information.--The Chief

10  Financial Officer Comptroller may disseminate, in any form or

11  manner he or she considers appropriate, information regarding

12  the Chief Financial Officer's Comptroller's official duties.

13         Section 32.  Section 17.32, Florida Statutes, is

14  amended to read:

15         17.32  Annual report of trust funds; duties of Chief

16  Financial Officer Comptroller.--

17         (1)  On February 1 of each year, the Chief Financial

18  Officer Comptroller shall present to the President of the

19  Senate and the Speaker of the House of Representatives a

20  report listing all trust funds as defined in s. 215.32.  The

21  report shall contain the following data elements for each fund

22  for the preceding fiscal year:

23         (a)  The fund code.

24         (b)  The title.

25         (c)  The fund type according to generally accepted

26  accounting principles.

27         (d)  The statutory authority.

28         (e)  The beginning cash balance.

29         (f)  Direct revenues.

30         (g)  Nonoperating revenues.

31         (h)  Operating disbursements.

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  1         (i)  Nonoperating disbursements.

  2         (j)  The ending cash balance.

  3         (k)  The department and budget entity in which the fund

  4  is located.

  5         (2)  The report shall separately list all funds that

  6  received no revenues other than interest earnings or transfers

  7  from the General Revenue Fund or from other trust funds during

  8  the preceding fiscal year.

  9         (3)  The report shall separately list all funds that

10  had unencumbered balances in excess of $2 million in each of

11  the 2 preceding fiscal years.

12         Section 33.  Section 17.325, Florida Statutes, is

13  amended to read:

14         17.325  Governmental efficiency hotline; duties of

15  Chief Financial Officer Comptroller.--

16         (1)  By September 1, 1992, The Chief Financial Officer

17  Comptroller shall establish and operate a statewide toll-free

18  telephone hotline to receive information or suggestions from

19  the public citizens of this state on how to improve the

20  operation of government, increase governmental efficiency, and

21  eliminate waste in government.  The Chief Financial Officer

22  Comptroller shall report each month to the Appropriations

23  Committee of the House of Representatives and of the Senate

24  the information or suggestions received through the hotline

25  and the evaluations and determinations made by the affected

26  agency, as provided in subsection (3), with respect to such

27  information or suggestions.

28         (2)  The Chief Financial Officer Comptroller shall

29  operate the hotline 24 hours a day. The Chief Financial

30  Officer Comptroller shall advertise the availability of the

31  hotline in newspapers of general circulation in this state and

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  1  shall provide for the posting of notices in conspicuous places

  2  in state agency offices, city halls, county courthouses, and

  3  places in which there is exposure to significant numbers of

  4  the general public, including, but not limited to, local

  5  convenience stores, shopping malls, shopping centers, gasoline

  6  stations, or restaurants.  The Chief Financial Officer

  7  Comptroller shall use the slogan "Tell us where we can 'Get

  8  Lean'" for the hotline and in advertisements for the hotline.

  9         (3)  Each telephone call on the hotline shall be

10  received by the office of the Chief Financial Officer

11  Comptroller, and the office of the Chief Financial Officer

12  Comptroller shall conduct an evaluation to determine whether

13  if it is appropriate for the telephone call to be processed as

14  a "Get Lean" telephone call. If it is determined that the

15  telephone call should be processed as a "Get Lean" telephone

16  call, a record of each suggestion or item of information

17  received shall be entered into a log kept by the Chief

18  Financial Officer Comptroller.  A caller on the hotline may

19  remain anonymous, and, if the caller provides his or her name,

20  the name shall be confidential.  If a caller discloses that he

21  or she is a state employee, the Chief Financial Officer

22  Comptroller, in addition to maintaining a record as required

23  by this section, may refer any information or suggestion from

24  the caller to an existing state awards program administered by

25  the affected agency.  The affected agency shall conduct a

26  preliminary evaluation of the efficacy of any suggestion or

27  item of information received through the hotline and shall

28  provide the Chief Financial Officer Comptroller with a

29  preliminary determination of the amount of revenues the state

30  might save by implementing the suggestion or making use of the

31  information.

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  1         (4)  Any person who provides any information through

  2  the hotline is shall be immune from liability for any use of

  3  such information and is shall not be subject to any

  4  retaliation by any employee of the state for providing such

  5  information or making such suggestion.

  6         (5)  The Chief Financial Officer may Comptroller shall

  7  adopt any rule necessary to implement the establishment,

  8  operation, and advertisement of the hotline.

  9         Section 34.  Section 17.41, Florida Statutes, is

10  amended to read:

11         17.41  Department of Banking and Insurance Finance

12  Tobacco Settlement Clearing Trust Fund.--

13         (1)  The Department of Banking and Insurance Finance

14  Tobacco Settlement Clearing Trust Fund is created within that

15  department.

16         (2)  Funds to be credited to the Tobacco Settlement

17  Clearing Trust Fund shall consist of payments received by the

18  state from settlement of State of Florida v. American Tobacco

19  Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received

20  from the settlement and deposited into the trust fund are

21  exempt from the service charges imposed under s. 215.20.

22         (3)(a)  Subject to approval of the Legislature, all or

23  any portion of the state's right, title, and interest in and

24  to the tobacco settlement agreement may be sold to the Tobacco

25  Settlement Financing Corporation created pursuant to s.

26  215.56005.  Any such sale shall be a true sale and not a

27  borrowing.

28         (b)  Any moneys received by the state pursuant to any

29  residual interest retained in the tobacco settlement agreement

30  or the payments to be made under the tobacco settlement

31

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  1  agreement shall be deposited into the Tobacco Settlement

  2  Clearing Trust Fund.

  3         (4)  Net proceeds of the sale of the tobacco settlement

  4  agreement received by the state shall be immediately deposited

  5  into the Lawton Chiles Endowment Fund, created in s. 215.5601,

  6  without deposit to the Tobacco Settlement Clearing Trust Fund.

  7         (5)  The department shall disburse funds, by

  8  nonoperating transfer, from the Tobacco Settlement Clearing

  9  Trust Fund to the tobacco settlement trust funds of the

10  various agencies in amounts equal to the annual appropriations

11  made from those agencies' trust funds in the General

12  Appropriations Act.

13         (6)  Pursuant to the provisions of s. 19(f)(3), Art.

14  III of the State Constitution, the Tobacco Settlement Clearing

15  Trust Fund is exempt from the termination provisions of s.

16  19(f)(2), Art. III of the State Constitution.

17         Section 35.  Section 17.43, Florida Statutes, is

18  amended to read:

19         17.43  Chief Financial Officer's Comptroller's Federal

20  Equitable Sharing Trust Fund.--

21         (1)  The Chief Financial Officer's Comptroller's

22  Federal Equitable Sharing Trust Fund is created within the

23  Department of Banking and Insurance Finance. The department

24  may deposit into the trust fund receipts and revenues received

25  as a result of federal criminal, administrative, or civil

26  forfeiture proceedings and receipts and revenues received from

27  federal asset-sharing programs. The trust fund is exempt from

28  the service charges imposed by s. 215.20.

29         (2)  Notwithstanding the provisions of s. 216.301 and

30  pursuant to s. 216.351, any balance in the trust fund at the

31  end of any fiscal year shall remain in the trust fund at the

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  1  end of the year and shall be available for carrying out the

  2  purposes of the trust fund.

  3         Section 36.  Section 18.01, Florida Statutes, is

  4  transferred, renumbered as section 17.44, Florida Statutes,

  5  and amended to read:

  6         17.44 18.01  Oath and certificate of Chief Financial

  7  Officer Treasurer.--The Chief Financial Officer Treasurer

  8  shall, within 10 days before he or she enters upon the duties

  9  of office, take and subscribe an oath or affirmation

10  faithfully to discharge the duties of office, which oath or

11  affirmation must be deposited with the custodian of state

12  records Department of State. The Chief Financial Officer

13  Treasurer shall also file with the custodian of state records

14  Department of State a certificate from the retiring Chief

15  Financial Officer Comptroller attesting that the retiring

16  Chief Financial Officer Treasurer has turned over vouchers for

17  all payments made as required by law, and that the Chief

18  Financial Officer's Treasurer's account has been truly

19  credited with the same, and that he or she has filed receipts

20  from his or her successor for all vouchers paid since the end

21  of the last quarter, and for balance of cash, and for all

22  bonds and other securities held by the Chief Financial Officer

23  Treasurer as such, and a certificate from each board of which

24  he or she is made by law ex officio treasurer, that he or she

25  has satisfactorily accounted to such board as its treasurer.

26         Section 37.  Section 18.02, Florida Statutes, is

27  transferred, renumbered as section 17.45, Florida Statutes,

28  and amended to read:

29         17.45 18.02  Moneys paid on warrants.--The Chief

30  Financial Officer Treasurer shall pay all warrants drawn on

31  the treasury drawn by the Comptroller and other orders by the

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  1  Comptroller for the disbursement of state funds by electronic

  2  means or by means of a magnetic tape or any other transfer

  3  medium.  No moneys shall be paid out of the treasury except on

  4  such warrants or other orders of the Chief Financial Officer

  5  Comptroller.

  6         Section 38.  Section 18.021, Florida Statutes, is

  7  transferred, renumbered as section 17.46, Florida Statutes,

  8  and amended to read:

  9         17.47 18.021  Chief Financial Officer Treasurer to

10  operate personal check-cashing service.--

11         (1)  The Chief Financial Officer Treasurer is

12  authorized to operate a personal check-cashing service or a

13  remote financial service unit at the capitol for the benefit

14  of state employees or other responsible persons who properly

15  identify themselves.

16         (2)  If a personal check is dishonored or a state

17  warrant is forged and the Chief Financial Officer Treasurer

18  has made diligent but unsuccessful effort to collect and has

19  forwarded the returned check for prosecution by the

20  appropriate state attorney, then he or she may include such

21  amount in his or her budget request to be considered during

22  the next legislative session.

23         Section 39.  Section 18.06, Florida Statutes, is

24  transferred, renumbered as section 17.47, Florida Statutes,

25  and amended to read:

26         17.47 18.06  Examination by and monthly statements to

27  the Governor.--The office of the Treasurer of this state, and

28  the books, files, documents, records, and papers thereof,

29  shall always be subject to the examination of the Governor of

30  the state, or any person he or she may authorize to examine

31  same. The Chief Financial Officer Treasurer shall exhibit to

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  1  the Governor monthly a trial balance sheet from his or her

  2  books and a statement of all the credits, moneys, or effects

  3  on hand on the day for which the said trial balance sheet is

  4  made, and the said statement accompanying the said trial

  5  balance sheet shall particularly describe the exact character

  6  of funds, credits, and securities, and shall state in detail

  7  the amount that which he or she may have representing cash,

  8  including any not yet entered upon the books of his or her

  9  office, and shall certify and sign the statement such

10  statement shall be certified and signed by the Treasurer

11  officially.

12         Section 40.  Section 18.07, Florida Statutes, is

13  transferred, renumbered as section 17.48, F.S. and amended to

14  read:

15         17.48 18.07  Chief Financial Officer Treasurer to keep

16  record of warrants and of state funds and securities.--The

17  Chief Financial Officer Treasurer shall keep a record of the

18  warrants or other orders that of the Comptroller which the

19  Chief Financial Officer Treasurer pays and shall account for

20  all state funds and securities.

21         Section 41.  Section 18.091, Florida Statutes, is

22  transferred, renumbered as section 17.49, Florida Statutes,

23  and amended to read:

24         17.49 18.091  Legislative sessions; additional

25  employees.--

26         (1)  Whenever Hereafter during any period of time the

27  Legislature is of Florida may be in actual session, the Chief

28  Financial Officer Treasurer is empowered to employ additional

29  persons to assist in performing the services required of the

30  Chief Financial Officer Treasurer in connection with s.

31  18.021(1). The salary salaries to be paid to such an employee

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  1  employees of the Chief Financial Officer Treasurer shall not

  2  exceed be in excess of the highest salary paid by the House of

  3  Representatives or the state Senate for secretarial services;

  4  and the salaries for such said employees shall begin with the

  5  convening of the Legislature in session and shall continue for

  6  not more than 7 days after the close of the legislative

  7  session; however, provided, that recesses of the Legislature

  8  not in excess of 3 days shall be considered as time during

  9  which the Legislature is actually in session.

10         (2)  In addition to the regular annual appropriations

11  for the Chief Financial Officer Treasurer, there is hereby

12  appropriated for use of the Chief Financial Officer Treasurer

13  from the General Revenue Fund, from time to time as necessary,

14  sufficient sums to pay the salaries of the above-described

15  employees of the Chief Financial Officer Treasurer.

16         Section 42.  Section 18.10, Florida Statutes, is

17  transferred, renumbered as section 17.50, Florida Statutes,

18  and amended to read:

19         17.50 18.10  Deposits and investments of state money.--

20         (1)  The Chief Financial Officer Treasurer, or other

21  parties with the permission of the Chief Financial Officer

22  Treasurer, shall deposit the money of the state or any money

23  in the State Treasury in such qualified public depositories of

24  the state as will offer satisfactory collateral security for

25  such deposits, pursuant to chapter 280. It is the duty of the

26  Chief Financial Officer Treasurer, consistent with the cash

27  requirements of the state, to keep such money fully invested

28  or deposited as provided by law herein in order that the state

29  may realize maximum earnings and benefits.

30         (2)  The Chief Financial Officer Treasurer shall make

31  funds available to meet the disbursement needs of the state.

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  1  Funds that which are not needed for this purpose shall be

  2  placed in qualified public depositories that will pay rates

  3  established by the Chief Financial Officer Treasurer at levels

  4  not less than the prevailing rate for United States Treasury

  5  securities with a corresponding maturity. If In the event

  6  money is available for interest-bearing time deposits or

  7  savings accounts as provided herein and qualified public

  8  depositories are unwilling to accept such money and pay

  9  thereon the rates required established above, then such money

10  as which qualified public depositories are unwilling to accept

11  shall be invested in:

12         (a)  Direct United States Treasury obligations.

13         (b)  Obligations of the Federal Farm Credit Banks.

14         (c)  Obligations of the Federal Home Loan Bank and its

15  district banks.

16         (d)  Obligations of the Federal Home Loan Mortgage

17  Corporation, including participation certificates.

18         (e)  Obligations guaranteed by the Government National

19  Mortgage Association.

20         (f)  Obligations of the Federal National Mortgage

21  Association.

22         (g)  Commercial paper of prime quality of the highest

23  letter and numerical rating as provided for by at least one

24  nationally recognized rating service.

25         (h)  Time drafts or bills of exchange drawn on and

26  accepted by a commercial bank, otherwise known as "bankers

27  acceptances," which are accepted by a member bank of the

28  Federal Reserve System having total deposits of not less than

29  $400 million or which are accepted by a commercial bank which

30  is not a member of the Federal Reserve System with deposits of

31  not less than $400 million and which is licensed by a state

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  1  government or the Federal Government, and whose senior debt

  2  issues are rated in one of the two highest rating categories

  3  by a nationally recognized rating service and which are held

  4  in custody by a domestic bank which is a member of the Federal

  5  Reserve System.

  6         (i)  Corporate obligations or corporate master notes of

  7  any corporation within the United States, if the long-term

  8  obligations of such corporation are rated by at least two

  9  nationally recognized rating services in any one of the four

10  highest classifications. However, if such obligations are

11  rated by only one nationally recognized rating service, then

12  the obligations must shall be rated in any one of the two

13  highest classifications.

14         (j)  Obligations of the Student Loan Marketing

15  Association.

16         (k)  Obligations of the Resolution Funding Corporation.

17         (l)  Asset-backed or mortgage-backed securities of the

18  highest credit quality.

19         (m)  Any obligations not previously listed which are

20  guaranteed as to principal and interest by the full faith and

21  credit of the United States Government or are obligations of

22  United States agencies or instrumentalities which are rated in

23  the highest category by a nationally recognized rating

24  service.

25         (n)  Commingled no-load investment funds or no-load

26  mutual funds in which all securities held by the funds are

27  authorized in this subsection.

28         (o)  Money market mutual funds as defined and regulated

29  by the Securities and Exchange Commission.

30         (p)  Obligations of state and local governments rated

31  in any of the four highest classifications by at least two

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  1  nationally recognized rating services. However, if such

  2  obligations are rated by only one nationally recognized rating

  3  service, then the obligations shall be rated in any one of the

  4  two highest classifications.

  5         (q)  Derivatives of investment instruments authorized

  6  in paragraphs (a) through (m).

  7         (r)  Covered put and call options on investment

  8  instruments authorized in this subsection for the purpose of

  9  hedging transactions by investment managers to mitigate risk

10  or to facilitate portfolio management.

11         (s)  Negotiable certificates of deposit issued by

12  financial institutions whose long-term debt is rated in one of

13  the three highest categories by at least two nationally

14  recognized rating services, the investment in which shall not

15  be prohibited by any provision of chapter 280.

16         (t)  Foreign bonds denominated in United States dollars

17  and registered with the Securities and Exchange Commission for

18  sale in the United States, if the long-term obligations of

19  such issuers are rated by at least two nationally recognized

20  rating services in any one of the four highest

21  classifications. However, if such obligations are rated by

22  only one nationally recognized rating service, the obligations

23  must shall be rated in any one of the two highest

24  classifications.

25         (u)  Convertible debt obligations of any corporation

26  domiciled within the United States, if the convertible debt

27  issue is rated by at least two nationally recognized rating

28  services in any one of the four highest classifications.

29  However, if such obligations are rated by only one nationally

30  recognized rating service, then the obligations must shall be

31  rated in any one of the two highest classifications.

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  1         (v)  Securities not otherwise described in this

  2  subsection. However, not more than 3 percent of the funds

  3  under the control of the Treasurer shall be invested in

  4  securities described in this paragraph.

  5

  6  These investments may be in varying maturities and may be in

  7  book-entry form. Investments made pursuant to this subsection

  8  may be under repurchase agreement. The Chief Financial Officer

  9  Treasurer is authorized to hire registered investment advisers

10  and other consultants to assist in investment management and

11  to pay fees directly from investment earnings. Investment

12  securities, proprietary investment services related to

13  contracts, performance evaluation services, investment-related

14  equipment or software used directly to assist investment

15  trading or investment accounting operations including bond

16  calculators, telerates, Bloombergs, special program

17  calculators, intercom systems, and software used in

18  accounting, communications, and trading, and advisory and

19  consulting contracts made under this section are exempt from

20  the provisions of chapter 287.

21         (3)  If In the event the financial institutions in the

22  state do not make sufficient loan funds available for a

23  residential conservation program pursuant to any plan approved

24  by the Florida Public Service Commission under the Florida

25  Energy Efficiency and Conservation Act, the board may

26  authorize the investment of state funds, except retirement

27  trust funds, in such a loan program at rates not less than

28  prevailing United States Treasury bill rates. However, prior

29  to investment of such funds, the Florida Public Service

30  Commission shall develop a plan that is which must be approved

31  by the Legislature before implementation.

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  1         (4)  All earnings on any investments made pursuant to

  2  this section shall be credited to the General Revenue Fund,

  3  except that earnings attributable to moneys made available

  4  pursuant to s. 17.54(3) s. 18.125(3) shall be credited pro

  5  rata to the funds from which such moneys were made available.

  6         (5)  The fact that a municipal officer or a state

  7  officer, including an officer of any municipal or state

  8  agency, board, bureau, commission, institution, or department,

  9  is a stockholder or an officer or director of a bank or

10  savings and loan association does will not bar such bank or

11  savings and loan association from being a depository of funds

12  coming under the jurisdiction of any such municipal officer or

13  state officer if it appears shall appear in the records of the

14  municipal or state office that the governing body of such

15  municipality or state agency has investigated and determined

16  that such municipal or state officer is not favoring such

17  banks or savings and loan associations over other qualified

18  banks or savings and loan associations.

19         (6)  The Chief Financial Officer Treasurer is

20  designated the cash management officer for the state and is

21  charged with the coordination and supervision of procedures

22  providing for the efficient handling of financial assets under

23  the control of the State Treasury and each of the various

24  state agencies, and of the judicial branch, as defined in s.

25  216.011.  This responsibility includes shall include the

26  supervision and approval of all banking relationships.

27  Pursuant to this responsibility, the Chief Financial Officer

28  Treasurer is authorized to obtain information from financial

29  institutions regarding depository accounts maintained by any

30  agency or institution of the State of Florida.

31

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  1         Section 43.  Section 18.101, Florida Statutes, is

  2  transferred, renumbered as section 17.51, Florida Statutes,

  3  and amended to read:

  4         17.51 18.101  Deposits of public money outside the

  5  State Treasury; revolving funds.--

  6         (1)  All moneys collected by state agencies, boards,

  7  bureaus, commissions, institutions, and departments shall,

  8  except as otherwise provided by law, be deposited in the State

  9  Treasury. However, when the volume and complexity of

10  collections so justify, the Chief Financial Officer Treasurer

11  may give written approval for such moneys to be deposited in

12  clearing accounts outside the State Treasury in qualified

13  public depositories pursuant to chapter 280.  Such deposits

14  shall only be made only in depositories designated by the

15  Chief Financial Officer Treasurer.  No money may be maintained

16  in such clearing accounts for a period longer than approved by

17  the Chief Financial Officer Treasurer or 40 days, whichever is

18  shorter, prior to its being transmitted to the Chief Financial

19  Officer Treasurer or to an account designated by him or her,

20  distributed to a statutorily authorized account outside the

21  State Treasury, refunded, or transmitted to the Department of

22  Revenue. All depositories so designated shall pledge

23  sufficient collateral to constitute be security for such funds

24  as provided in chapter 280.

25         (2)  Revolving funds authorized by the Chief Financial

26  Officer Comptroller for all state agencies, boards, bureaus,

27  commissions, institutions, and departments may be deposited by

28  such agencies, boards, bureaus, commissions, institutions, and

29  departments in qualified public depositories designated by the

30  Chief Financial Officer Treasurer for such revolving fund

31  deposits; and the depositories in which such deposits are made

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  1  must shall pledge collateral security as provided in chapter

  2  280.

  3         (3)  Notwithstanding the foregoing provisions, clearing

  4  and revolving accounts may be established outside the state

  5  when necessary to facilitate the authorized operations of any

  6  agency, board, bureau, commission, institution, or department.

  7  Any of such account accounts established in the United States

  8  is shall be subject to the collateral security requirements of

  9  chapter 280.  Accounts established outside the United States

10  may be exempted from the requirements of chapter 280 as

11  provided in chapter 280; but before any unsecured account is

12  established, the agency requesting or maintaining the account

13  must shall recommend a financial institution to the Chief

14  Financial Officer Treasurer for designation to hold the

15  account and must shall submit evidence of the financial

16  condition, size, reputation, and relative prominence of the

17  institution from which the Chief Financial Officer Treasurer

18  can reasonably conclude that the institution is financially

19  sound before designating it to hold the account.

20         (4)  Each department must shall furnish a statement to

21  the Chief Financial Officer Treasurer, on or before the 20th

22  of the month following the end of each calendar quarter,

23  listing each clearing account and revolving fund within that

24  department's jurisdiction.  Such statement shall report, as of

25  the last day of the calendar quarter, the cash balance in each

26  revolving fund and that portion of the cash balance in each

27  clearing account that will eventually be deposited to the

28  State Treasury as provided by law.  The Chief Financial

29  Officer Treasurer shall show the sum total of state funds in

30  clearing accounts and revolving funds, as most recently

31  reported to the Chief Financial Officer Treasurer by various

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  1  departments, in his or her monthly statement to the Governor,

  2  pursuant to s. 18.06.

  3         Section 44.  Section 18.103, Florida Statutes, is

  4  transferred, renumbered as section 17.52, Florida Statutes,

  5  and amended to read:

  6         17.52 18.103  Safekeeping services of Chief Financial

  7  Officer Treasurer.--

  8         (1)  The Chief Financial Officer Treasurer may accept

  9  for safekeeping purposes, deposits of cash, securities, and

10  other documents or articles of value from any state agency as

11  defined in s. 216.011, or any county, municipality city, or

12  political subdivision thereof, or other public authority.

13         (2)  The Chief Financial Officer Treasurer may, in his

14  or her discretion, establish a fee for processing, servicing,

15  and safekeeping deposits and other documents or articles of

16  value held in the Chief Financial Officer's Treasurer's vaults

17  as requested by the various entities or as provided for by

18  law.  Such fee shall be equivalent to the fee charged by

19  financial institutions for processing, servicing, and

20  safekeeping the same types of deposits and other documents or

21  articles of value.

22         (3)  The Chief Financial Officer Treasurer shall

23  collect in advance, and persons so served shall pay to the

24  Chief Financial Officer Treasurer in advance, the

25  miscellaneous charges as follows:

26         (a)  For copies of documents or records on file with

27  the Treasurer, per page..................................$.50.

28         (b)  For each certificate of the Chief Financial

29  Officer Treasurer, certified or under the Chief Financial

30  Officer's Treasurer's seal, authenticating any document or

31  other instrument........................................$5.00.

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  1         (4)  All fees collected for the services described in

  2  this section shall be deposited in the Chief Financial

  3  Officer's Treasurer's Administrative and Investment Trust

  4  Fund.

  5         Section 45.  Section 18.104, Florida Statutes, is

  6  transferred, renumbered as section 17.53, Florida Statutes,

  7  and amended to read:

  8         17.53 18.104  Treasury Cash Deposit Trust Fund.--

  9         (1)  There is hereby created in the State Treasury the

10  Treasury Cash Deposit Trust Fund.  Cash deposits made pursuant

11  to s. 17.52 s. 18.103 shall be deposited into this fund.

12         (2)  Interest earned on cash deposited into this fund

13  shall be prorated and paid to the depositing entities.

14         Section 46.  Section 18.125, Florida Statutes, is

15  transferred, renumbered as section 17.54, Florida Statutes,

16  and amended to read:

17         17.54 18.125  Chief Financial Officer Treasurer; powers

18  and duties in the investment of certain funds.--

19         (1)  The Chief Financial Officer Treasurer, acting with

20  the approval of a majority of the State Board of

21  Administration, shall invest all general revenue funds and all

22  the trust funds and all agency funds of each state agency, and

23  of the judicial branch, as defined in s. 216.011, and may,

24  upon request, invest funds of any statutorily created board,

25  association, or entity, except for the funds required to be

26  invested pursuant to ss. 215.44-215.53, by the procedure and

27  in the authorized securities prescribed in s. 17.50 s. 18.10;

28  for this purpose, the Chief Financial Officer Treasurer shall

29  be authorized to open and maintain one or more demand and

30  safekeeping accounts in any bank or savings association for

31  the investment and reinvestment and the purchase, sale, and

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  1  exchange of funds and securities in the accounts.  Funds in

  2  such accounts used solely for investments and reinvestments

  3  shall be considered investment funds and not funds on deposit,

  4  and such funds shall be exempt from the provisions of chapter

  5  280.  In addition, the securities or investments purchased or

  6  held under the provisions of this section and s. 17.50 s.

  7  18.10 may be loaned to securities dealers and banks and may be

  8  registered by the Chief Financial Officer Treasurer in the

  9  name of a third-party nominee in order to facilitate such

10  loans, provided the loan is collateralized by cash or United

11  States government securities having a market value of at least

12  100 percent of the market value of the securities loaned. The

13  Chief Financial Officer Treasurer shall keep a separate

14  account, designated by name and number, of each fund.

15  Individual transactions and totals of all investments, or the

16  share belonging to each fund, shall be recorded in the

17  accounts.

18         (2)  By and with the consent and approval of any

19  constitutional board, the judicial branch, or agency now

20  having the constitutional power to make investments and in

21  accordance with this section, the Chief Financial Officer

22  Treasurer shall have the power to make purchases, sales,

23  exchanges, investments, and reinvestments for and on behalf of

24  any such board.

25         (3)(a)  It is the duty of each state agency, and of the

26  judicial branch, now or hereafter charged with the

27  administration of the funds referred to in subsection (1) to

28  make such moneys available for investment as fully as is

29  consistent with the cash requirements of the particular fund

30  and to authorize investment of such moneys by the Chief

31  Financial Officer Treasurer.

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  1         (b)  Monthly, and more often as circumstances require,

  2  such agency or judicial branch shall notify the Chief

  3  Financial Officer Treasurer of the amount available for

  4  investment; and the moneys shall be invested by the Chief

  5  Financial Officer Treasurer.  Such notification shall include

  6  the name and number of the fund for which the investments are

  7  to be made and the life of the investment if the principal sum

  8  is to be required for meeting obligations.  This subsection,

  9  however, shall not be construed to make available for

10  investment any funds other than those referred to in

11  subsection (1).

12         (4)(a)  There is hereby created in the State Treasury

13  the Chief Financial Officer's Treasurer's Administrative and

14  Investment Trust Fund.

15         (b)  The Chief Financial Officer Treasurer shall make

16  an annual assessment of 0.12 percent against the average daily

17  balance of those moneys made available pursuant to this

18  section and 0.2 percent against the average daily balance of

19  those funds requiring investment in a separate account. The

20  proceeds of this assessment shall be deposited in the Chief

21  Financial Officer's Treasurer's Administrative and Investment

22  Trust Fund.

23         (c)  The moneys so received and deposited in the fund

24  shall be used by the Chief Financial Officer Treasurer to

25  defray the expense of his or her office in the discharge of

26  the administrative and investment powers and duties prescribed

27  by this section and this chapter, including the maintaining of

28  an office and necessary supplies therefor, essential equipment

29  and other materials, salaries and expenses of required

30  personnel, and all other legitimate expenses relating to the

31  administrative and investment powers and duties imposed upon

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  1  and charged to the Chief Financial Officer Treasurer under

  2  this section and this chapter. The unencumbered balance in the

  3  trust fund at the close of each quarter may shall not exceed

  4  $750,000. Any funds in excess of this amount shall be

  5  transferred unallocated to the General Revenue Fund. However,

  6  fees received from deferred compensation participants pursuant

  7  to s. 112.215 shall not be transferred to the General Revenue

  8  Fund and shall be used to operate the deferred compensation

  9  program.

10         (5)  The transfer of the powers, duties, and

11  responsibilities of existing state agencies and of the

12  judicial branch made by this section to the Chief Financial

13  Officer includes Treasurer shall include only the particular

14  powers, duties, and responsibilities hereby transferred, and

15  all other existing powers are shall in no way be affected by

16  this section.

17         Section 47.  Section 18.15, Florida Statutes, is

18  transferred, renumbered as section 17.55, Florida Statutes,

19  and amended to read:

20         17.55 18.15  Interest on state moneys deposited; when

21  paid.--Interest on state moneys deposited in qualified public

22  depositories under s. 17.50 is s. 18.10 shall be payable to

23  the Chief Financial Officer Treasurer quarterly or

24  semiannually.

25         Section 48.  Section 18.17, Florida Statutes, is

26  transferred, renumbered as section 17.56, Florida Statutes,

27  and amended to read:

28         17.56 18.17  Chief Financial Officer Treasurer not to

29  issue evidences of indebtedness.--It is not lawful for the

30  Chief Financial Officer Treasurer of this state to issue any

31  treasury certificates, or any other evidences of indebtedness,

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  1  for any purpose whatever, and the Chief Financial Officer

  2  Treasurer is prohibited from issuing the same.

  3         Section 49.  Section 18.20, Florida Statutes, is

  4  transferred, renumbered as section 18.57, Florida Statutes,

  5  and amended to read:

  6         17.57 18.20  Chief Financial Officer Treasurer to make

  7  reproductions of certain warrants, records, and documents.--

  8         (1)  All vouchers or checks heretofore or hereafter

  9  drawn by appropriate court officials of the several counties

10  of the state against money deposited with the Chief Financial

11  Officer Treasurer under the provisions of s. 43.17, and paid

12  by the Chief Financial Officer Treasurer, may be photographed,

13  microphotographed, or reproduced on film by the Chief

14  Financial Officer Treasurer.  Such photographic film must

15  shall be durable material, and the device used to so reproduce

16  such warrants, vouchers, or checks must shall be one that

17  which accurately reproduces the originals thereof in all

18  detail.; and Such photographs, microphotographs, or

19  reproductions on film must shall be placed in conveniently

20  accessible and identified files and must shall be preserved by

21  the Chief Financial Officer Treasurer as a part of the

22  permanent records of his or her office.  When any such

23  warrants, vouchers, or checks have been so photographed,

24  microphotographed, or reproduced on film, and the photographs,

25  microphotographs, or reproductions on film thereof have been

26  placed in files as a part of the permanent records of the

27  office of the Chief Financial Officer Treasurer as aforesaid,

28  he or she the Treasurer is authorized to return such warrants,

29  vouchers, or checks to the offices of the respective county

30  officials who drew them, the same and such warrants, vouchers,

31  or checks shall be retained and preserved in the such offices

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  1  to which they have been returned as a part of the permanent

  2  records of those such offices.

  3         (2)  Such photographs, microphotographs, or

  4  reproductions on film of said warrants, vouchers, or checks

  5  shall be deemed to be original records for all purposes; and

  6  any copy or reproduction thereof made from the such original

  7  film, duly certified by the Chief Financial Officer Treasurer

  8  as a true and correct copy or reproduction made from such

  9  film, shall be considered deemed to be a transcript,

10  exemplification, or certified copy of the original warrant,

11  voucher, or check such copy represents, and shall in all cases

12  and in all courts and places be admitted and received in

13  evidence with the same like force and effect as the original

14  thereof might be.

15         (3)  The Chief Financial Officer Treasurer is also

16  hereby authorized to photograph, microphotograph, or reproduce

17  on film, all records and documents of his or her said office,

18  as the Chief Financial Officer Treasurer may, in his or her

19  discretion, select; and the said Chief Financial Officer

20  Treasurer is hereby authorized to destroy any of the said

21  documents or records after they have been photographed and

22  filed and after audit of the Chief Financial Officer's

23  Treasurer's office has been completed for the period embracing

24  the dates of the said documents and records.

25         (4)  Photographs or microphotographs in the form of

26  film or prints of any records made in compliance with the

27  provisions of this section shall have the same force and

28  effect as the originals thereof would have, and shall be

29  treated as originals for the purpose of their admissibility in

30  evidence. Duly certified or authenticated reproductions of

31  such photographs or microphotographs shall be admitted in

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  1  evidence equally with the original photographs or

  2  microphotographs.

  3         Section 50.  Section 18.23, Florida Statutes, is

  4  transferred, renumbered as section 17.58, Florida Statutes,

  5  and amended to read:

  6         17.58 18.23  Chief Financial Officer Treasurer to

  7  prescribe forms.--The Chief Financial Officer Treasurer may

  8  prescribe the forms, and the manner of keeping such forms the

  9  same, for all receipts, credit advices, abstracts, reports,

10  and other papers furnished the Chief Financial Officer

11  Treasurer by the officers of this state or other persons or

12  entities as a result of their having, or depositing, state

13  moneys.

14         Section 51.  Section 18.24, Florida Statutes, is

15  transferred, renumbered as section 17.59, Florida Statutes,

16  and amended to read:

17         17.59 18.24  Securities in book-entry form.--Any

18  security that which:

19         (1)(a)  Is eligible to be held in book-entry form on

20  the books of the Federal Reserve Book-Entry System; or

21         (b)  Is eligible for deposit in a depository trust

22  clearing system established to hold and transfer securities by

23  computerized book-entry systems; and that which

24         (2)(a)  Is held in the name of the State Chief

25  Financial Officer Treasurer or in the name of the State

26  Insurance Commissioner; or

27         (b)  Is pledged to the State Chief Financial Officer,

28  Treasurer or to the State Insurance Commissioner;

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    Florida Senate - 2002                                   SB 232
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  1  under any state law for any purpose whatsoever, may be held in

  2  book-entry form on the books of the Federal Reserve Book-Entry

  3  System or on deposit in a depository trust clearing system.

  4         Section 52.  The powers, duties, functions, records,

  5  personnel, property, unexpended balances of appropriations,

  6  and other funds of the Department of Banking and Finance, and

  7  the powers, duties, functions, records, personnel, property,

  8  unexpended balances of appropriations, and other funds of the

  9  Department of Insurance, except for the powers, duties,

10  functions, records, personnel, property, unexpended balances

11  of appropriations, and other funds of the Division of the

12  State Fire Marshal, are transferred by a type two transfer, as

13  defined in section 20.06, Florida Statutes, to the Department

14  of Banking and Insurance.

15         Section 53.  The powers, duties, functions, records,

16  personnel, property, unexpended balances of appropriations,

17  and other funds of the Division of the State Fire Marshal of

18  the Department of Insurance are transferred by a type two

19  transfer, as defined in section 20.06, Florida Statutes, to

20  the Department of Agriculture and Consumer Services.

21         Section 54.  Sections 18.03, 18.05, 18.08, 18.09,

22  18.22, 20.12, and 20.13, Florida Statutes, are repealed.

23         Section 55.  This act shall take effect January 7,

24  2003.

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    Florida Senate - 2002                                   SB 232
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  2                          SENATE SUMMARY

  3    Creates the Department of Banking and Insurance and
      transfers to it the powers, duties, functions, property,
  4    personnel, records, unexpended balances of
      appropriations, and other funds of the Department of
  5    Insurance and of the Department of Banking and Finance,
      with the exception that the powers, duties, functions,
  6    property, personnel, records, unexpended balances of
      appropriations, and other funds of the Division of the
  7    State Fire Marshal are transferred to the Department of
      Agriculture and Consumer Services. Abolishes the
  8    Department of Insurance and the Department of Banking and
      Finance.
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