House Bill hb0577c2
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Florida House of Representatives - 2002 CS/CS/HB 577
By the Council for Competitive Commerce and Committee on
Banking and Representatives Flanagan, Waters, Brummer and
Alexander
1 A bill to be entitled
2 An act relating to governmental reorganization;
3 amending s. 20.04, F.S.; providing an exception
4 to departmental structure requirements;
5 deleting reference to the Department of Banking
6 and Finance and substituting the Department of
7 Insurance and Financial Services; creating s.
8 20.121, F.S.; creating the Office of Chief
9 Financial Officer; providing duties; providing
10 for a Division of Financial Investigations;
11 authorizing the Chief Financial Officer to
12 process certain warrants created by the
13 Comptroller; creating s. 20.131, F.S.; creating
14 the Department of Insurance and Financial
15 Services; providing for an executive director;
16 providing for departmental structure; creating
17 the Offices of Commissioner of Insurance and
18 Commissioner of Financial Services; providing
19 for subpoenas, sworn statements, and
20 enforcement proceedings; providing rulemaking
21 authority; providing for appointment and
22 specifying qualifications for each
23 commissioner; providing jurisdiction for each
24 commissioner's office; providing jurisdiction
25 of the Governor and Cabinet; authorizing the
26 Department of Insurance and Financial Services
27 to destroy certain records and correspondence
28 under certain circumstances; authorizing the
29 Department of Insurance and Financial Services
30 to photograph, microfilm, or reproduce on film
31 certain records and documents for certain
1
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Florida House of Representatives - 2002 CS/CS/HB 577
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1 purposes under certain circumstances;
2 authorizing the Department of Insurance and
3 Financial Services to disseminate certain
4 information under certain circumstances;
5 providing for effect of photographed,
6 microfilmed, or reproduced records and
7 documents; transferring certain programs,
8 including employees and equipment, from the
9 Department of Banking and Finance and the
10 Department of Insurance to the Office of Chief
11 Financial Officer, the Department of Insurance
12 and Financial Services, and the Department of
13 Law Enforcement; requiring transferring
14 agencies to prepare and submit inventories of
15 certain property to the executive director of
16 the Department of Insurance and Financial
17 Services by a certain date; transferring
18 certain trust funds from the Department of
19 Banking and Finance and the Department of
20 Insurance to the Office of Chief Financial
21 Officer and the Department of Insurance and
22 Financial Services; specifying that rules of
23 the Department of Banking and Finance and the
24 Department of Insurance become rules of the
25 Department of Insurance and Financial Services;
26 specifying that such rules become rules of the
27 Office of Chief Financial Officer under certain
28 circumstances; specifying that certain rules of
29 the Department of Insurance become rules of the
30 Department of Law Enforcement; providing for
31 preservation of validity of judicial or
2
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Florida House of Representatives - 2002 CS/CS/HB 577
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1 administrative actions involving such
2 departments; providing for substitution of
3 certain parties in interest in such actions;
4 creating the office of executive director of
5 the Department of Insurance and Financial
6 Services; providing for appointment of the
7 executive director; providing for the executive
8 director to serve as the head of the Office of
9 Transition Management; creating the Office of
10 Transition Management; specifying powers and
11 duties thereof; requiring reports to the
12 Governor and the Legislature; creating s.
13 216.349, F.S.; requiring certain state agencies
14 and the Chief Financial Officer to report trust
15 fund information monthly to the Legislative
16 Budget Commission and the Governor; providing
17 for the form and content of such reports to be
18 determined by the chair and vice chair of the
19 Legislative Budget Commission; amending s.
20 218.36, F.S.; requiring only tax collectors,
21 sheriffs, supervisors of elections, and
22 property appraisers to pay certain moneys into
23 the county general fund; amending s. 624.523,
24 F.S.; providing a transfer from the Insurance
25 Commissioner's Regulatory Trust Fund to the
26 General Revenue Fund; providing legislative
27 intent; amending ss. 11.12, 11.13, 11.147,
28 11.151, 11.40, 11.42, 14.057, 14.058, 14.203,
29 15.09, 16.10, 17.02, 17.03, 17.031, 17.04,
30 17.0401, 17.041, 17.0415, 17.05, 17.06, 17.075,
31 17.076, 17.08, 17.09, 17.10, 17.11, 17.12,
3
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Florida House of Representatives - 2002 CS/CS/HB 577
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1 17.13, 17.14, 17.16, 17.17, 17.20, 17.21,
2 17.22, 17.25, 17.26, 17.27, 17.28, 17.29,
3 17.30, 17.32, 17.325, 17.41, 17.43, 18.01,
4 18.02, 18.021, 18.05, 18.06, 18.07, 18.09,
5 18.091, 18.10, 18.101, 18.103, 18.125, 18.15,
6 18.17, 18.20, 18.23, 18.24, 20.04, 20.055,
7 20.195, 20.425, 20.435, 24.105, 24.111, 24.112,
8 24.120, 25.241, 26.39, 27.08, 27.10, 27.11,
9 27.12, 27.13, 27.3455, 27.703, 27.710, 27.711,
10 28.235, 28.24, 30.52, 40.30, 40.31, 40.33,
11 40.34, 40.35, 43.16, 43.19, 48.151, 55.03,
12 57.091, 68.083, 68.084, 68.087, 68.092,
13 77.0305, 92.39, 99.097, 107.11, 110.1127,
14 110.113, 110.114, 110.116, 110.1227, 110.1228,
15 110.123, 110.125, 110.181, 110.2037, 110.205,
16 112.0501, 112.061, 112.08, 112.191, 112.215,
17 112.3144, 112.3145, 112.3189, 112.31895,
18 112.3215, 112.63, 116.03, 116.04, 116.05,
19 116.06, 116.14, 120.52, 120.80, 121.061,
20 121.133, 122.061, 122.35, 125.0104, 129.201,
21 131.05, 137.09, 145.141, 154.02, 154.03,
22 154.05, 154.06, 154.209, 154.314, 163.01,
23 163.05, 163.055, 163.3167, 175.032, 175.101,
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25 189.4035, 189.412, 189.427, 190.007, 191.006,
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29 213.053, 213.054, 213.255, 213.67, 213.75,
30 215.02, 215.03, 215.04, 215.05, 215.11, 215.22,
31 215.23, 215.24, 215.25, 215.26, 215.31, 215.32,
4
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1 215.3206, 215.3208, 215.322, 215.34, 215.35,
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9 216.301, 217.07, 218.06, 218.23, 218.31,
10 218.32, 218.321, 218.325, 218.33, 220.62,
11 220.723, 228.2001, 229.0535, 229.0537,
12 229.05371, 229.111, 229.781, 231.261, 231.30,
13 231.545, 233.063, 233.255, 236.43, 236.601,
14 237.121, 237.181, 237.211, 238.11, 238.15,
15 238.172, 238.173, 240.135, 240.241, 240.2996,
16 240.3763, 240.4065, 240.4075, 240.412,
17 240.4125, 240.413, 240.414, 240.4145, 240.551,
18 240.553, 240.606, 242.331, 242.341, 245.13,
19 246.061, 246.101, 246.211, 250.22, 250.24,
20 250.25, 250.26, 250.34, 252.62, 252.87,
21 253.025, 255.03, 255.052, 255.258, 255.503,
22 255.521, 257.22, 258.014, 259.032, 259.041,
23 265.53, 265.55, 267.075, 272.18, 280.02,
24 280.04, 280.041, 280.05, 280.051, 280.052,
25 280.053, 280.054, 280.055, 280.06, 280.07,
26 280.071, 280.08, 280.085, 280.09, 280.10,
27 280.11, 280.13, 280.16, 280.17, 280.18, 280.19,
28 282.1095, 284.02, 284.04, 284.05, 284.06,
29 284.08, 284.14, 284.17, 284.30, 284.31, 284.32,
30 284.33, 284.34, 284.35, 284.37, 284.385,
31 284.39, 284.40, 284.41, 284.42, 284.44, 284.50,
5
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Florida House of Representatives - 2002 CS/CS/HB 577
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1 287.042, 287.057, 287.058, 287.063, 287.064,
2 287.09451, 287.115, 287.131, 287.175, 288.1045,
3 288.106, 288.109, 288.1253, 288.709, 288.712,
4 288.776, 288.778, 288.99, 289.051, 289.081,
5 289.121, 292.085, 313.02, 314.02, 316.3025,
6 316.545, 320.02, 320.081, 320.20, 320.71,
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8 331.303, 331.309, 331.3101, 331.348, 331.419,
9 336.022, 337.25, 339.035, 339.081, 344.17,
10 350.06, 354.03, 365.173, 370.06, 370.16,
11 370.19, 370.20, 373.503, 373.59, 373.6065,
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13 376.3071, 376.3072, 376.3075, 376.3078,
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17 393.002, 393.075, 394.482, 400.0238, 400.063,
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23 409.2673, 409.8132, 409.817, 409.818, 409.910,
24 409.912, 409.9124, 409.915, 411.01, 413.32,
25 414.27, 414.28, 420.0005, 420.0006, 420.101,
26 420.123, 420.131, 420.141, 420.5092, 430.42,
27 430.703, 440.103, 440.105, 440.1051, 440.106,
28 440.13, 440.134, 440.135, 440.20, 440.24,
29 440.38, 440.381, 440.385, 440.44, 440.49,
30 440.50, 440.51, 440.515, 440.52, 443.131,
31 443.191, 443.211, 447.12, 450.155, 456.047,
6
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Florida House of Representatives - 2002 CS/CS/HB 577
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1 468.392, 473.3065, 475.045, 475.484, 475.485,
2 489.144, 489.145, 494.001, 494.00421, 497.005,
3 497.101, 497.105, 497.107, 497.109, 497.115,
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5 497.403, 498.025, 498.049, 499.057, 501.212,
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8 517.1205, 517.131, 517.141, 517.151, 518.115,
9 518.116, 519.101, 520.02, 520.07, 520.31,
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13 553.72, 553.73, 553.74, 553.79, 554.1021,
14 554.105, 559.10, 559.543, 559.55, 559.725,
15 559.928, 560.102, 560.103, 560.4041, 560.408,
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31 627.092, 627.096, 627.413, 627.6472, 627.6482,
7
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Florida House of Representatives - 2002 CS/CS/HB 577
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1 627.7012, 627.728, 627.736, 627.912, 627.9122,
2 627.919, 627.94074, 627.944, 627.948, 628.461,
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8
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Florida House of Representatives - 2002 CS/CS/HB 577
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1 943.032, 944.516, 946.33, 946.509, 946.510,
2 946.517, 946.522, 946.525, 947.12, 950.002,
3 957.04, 985.406, and 985.409, F.S., to conform
4 the Florida Statutes to the amendments to s. 4,
5 Art. IV of the State Constitution to merge the
6 cabinet offices of Treasurer and Comptroller
7 into one Chief Financial Officer and to conform
8 to the merger of the Department of Banking and
9 Finance and the Department of Insurance into
10 one Department of Insurance and Financial
11 Services, effective January 7, 2003; repealing
12 ss. 20.12 and 20.13, F.S., relating to the
13 Department of Banking and Finance and the
14 Department of Insurance, respectively,
15 effective January 7, 2003; repealing ss.
16 17.011, 18.03, 18.08, 215.29, 627.0623,
17 655.019, and 657.067, F.S., relating to the
18 Assistant Comptroller, the Treasurer's
19 residence and office, the Treasurer turning
20 over warrants to the Comptroller,
21 classification of Comptroller's warrants,
22 restrictions on expenditures and solicitations
23 of insurers and affiliates by the Treasurer,
24 limitations on Comptroller's acceptance of
25 campaign contributions, and Comptroller's
26 responsibilities relating to conversions from
27 federal to state charters, respectively;
28 providing duties of the Division of Statutory
29 Revision; transferring funds from the Insurance
30 Commissioner's Regulatory Trust Fund in the
31 Department of Insurance to the Operating Trust
9
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1 Fund in the Department of Law Enforcement;
2 providing appropriations; providing effective
3 dates.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Effective January 7, 2003, subsection (3)
8 of section 20.04, Florida Statutes, is amended to read:
9 20.04 Structure of executive branch.--The executive
10 branch of state government is structured as follows:
11 (3) For their internal structure, all departments,
12 except for the Department of Insurance and Financial Services
13 Banking and Finance, the Department of Children and Family
14 Services, the Department of Corrections, the Department of
15 Management Services, the Department of Revenue, and the
16 Department of Transportation, must adhere to the following
17 standard terms:
18 (a) The principal unit of the department is the
19 "division." Each division is headed by a "director."
20 (b) The principal unit of the division is the
21 "bureau." Each bureau is headed by a "chief."
22 (c) The principal unit of the bureau is the "section."
23 Each section is headed by an "administrator."
24 (d) If further subdivision is necessary, sections may
25 be divided into "subsections," which are headed by
26 "supervisors."
27 Section 2. Section 20.121, Florida Statutes, is
28 created to read:
29 20.121 Office of Chief Financial Officer.--Effective
30 January 7, 2003, there is created the Office of Chief
31 Financial Officer. The head of the office is the Chief
10
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1 Financial Officer. Pursuant to s. 4, Art. IV of the State
2 Constitution, the duties of the Chief Financial Officer are to
3 serve as the chief fiscal officer of the state, to settle and
4 approve accounts against the state, and to keep all state
5 funds and securities. The Chief Financial Officer is also the
6 administrator of the Government Employees Deferred
7 Compensation Plan and is responsible for carrying out laws
8 relating to unclaimed property and security for public
9 deposits. There is created as a subunit within the Office of
10 Chief Financial Officer the Division of Financial
11 Investigations. The Division of Financial Investigations shall
12 function as a criminal justice agency within the meaning of s.
13 943.045(10)(e).
14 Section 3. Effective January 7, 2003, the Chief
15 Financial Officer may process all warrants created by the
16 Comptroller prior to January 7, 2003.
17 Section 4. Section 20.131, Florida Statutes, is
18 created to read:
19 20.131 Department of Insurance and Financial
20 Services.--Effective January 7, 2003, there is created the
21 Department of Insurance and Financial Services. The Governor
22 and Cabinet shall serve as head of the department.
23 (1) EXECUTIVE DIRECTOR.--The executive director of the
24 Department of Insurance and Financial Services is the chief
25 administrator of the department and shall be appointed by the
26 Governor and Cabinet, subject to confirmation by the Senate.
27 The executive director serves at the pleasure of the Governor
28 and Cabinet. The functions of the executive director are
29 limited to personnel, administrative, and budgetary matters,
30 including administrative coordination of issues that affect
31 areas under the Offices of the Commissioner of Insurance and
11
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1 the Commissioner of Financial Services, and coordination of
2 legislative activities.
3 (2) DEPARTMENTAL STRUCTURE.--The Governor and Cabinet,
4 as head of the Department of Insurance and Financial Services,
5 shall adopt rules establishing the organizational structure of
6 the department. It is the intent of the Legislature to provide
7 the Governor and Cabinet with the flexibility to organize the
8 department in any manner they determine appropriate to promote
9 both efficiency and accountability, subject to the following
10 requirements:
11 (a) The major structural unit of the department is the
12 "office." Each office is headed by a "commissioner." The
13 offices are established as follows:
14 1. Office of the Commissioner of Insurance.--The
15 Office of the Commissioner of Insurance is responsible for all
16 activities of the department relating to the regulation of
17 insurance and state government risk management. The head of
18 the office is the Commissioner of Insurance, who is also the
19 State Fire Marshal.
20 2. Office of the Commissioner of Financial
21 Services.--The Office of the Commissioner of Financial
22 Services is responsible for all activities of the department
23 relating to the regulation of banks, credit unions, other
24 financial institutions, finance companies, funeral and
25 cemetery services, and the securities industry. The head of
26 the office is the Commissioner of Financial Services.
27 a. The office shall include a Division of Financial
28 Investigations, which shall be headed by a director who is
29 appointed by and serves at the pleasure of the commissioner.
30 The division shall function as a criminal justice agency for
31 purposes of ss. 943.045-943.08 and shall have a separate
12
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1 budget. The division may conduct investigations within or
2 outside this state as the division deems necessary to aid in
3 the enforcement of this section. If during an investigation
4 the division has reason to believe that any criminal law of
5 this state has or may have been violated, the division shall
6 refer any records tending to show such violation to state or
7 federal law enforcement or prosecutorial agencies and shall
8 provide investigative assistance to those agencies as
9 required.
10 b.(I) The Commissioner of Financial Services may
11 demand and require full answers on oath from any person or
12 party privy to any account, claim, or demand against or by the
13 state, such as it may be the commissioner's official duty to
14 examine, which answers the commissioner may require to be in
15 writing and to be sworn to before the commissioner or the
16 office or before any judicial officer or clerk of any court of
17 the state so as to enable the commissioner to determine the
18 justice or legality of such account, claim, or demand.
19 (II) In exercising authority under this section, the
20 commissioner or his or her designee may:
21 i. Issue subpoenas, administer oaths, and examine
22 witnesses.
23 ii. Require or permit a person to file a statement in
24 writing, under oath or otherwise as the commissioner or his or
25 her designee requires, as to all the facts and circumstances
26 concerning the matter to be audited, examined, or
27 investigated.
28 (III) Subpoenas shall be issued by the commissioner or
29 his or her designee under seal commanding such witnesses to
30 appear before the commissioner, the commissioner's
31 representative, or the office at a specified time and place
13
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1 and to bring books, records, and documents as specified or to
2 submit books, records, and documents for inspection. Such
3 subpoenas may be served by an authorized representative of the
4 commissioner or the office.
5 (IV) In the event of noncompliance with a subpoena
6 issued pursuant to this section, the commissioner or the
7 office may petition the circuit court of the county in which
8 the person subpoenaed resides or has his or her principal
9 place of business for an order requiring the subpoenaed person
10 to appear and testify and to produce books, records, and
11 documents as specified in the subpoena. The court may grant
12 legal, equitable, or injunctive relief, including, but not
13 limited to, issuance of a writ of ne exeat or the restraint by
14 injunction or appointment of a receiver of any transfer,
15 pledge, assignment, or other disposition of such person's
16 assets or any concealment, alteration, destruction, or other
17 disposition of subpoenaed books, records, or documents, as the
18 court deems appropriate, until such person has fully complied
19 with such subpoena and the commissioner or the office has
20 completed the audit, examination, or investigation. The
21 commissioner or the office is entitled to the summary
22 procedure provided in s. 51.011, and the court shall advance
23 the cause on its calendar. Costs incurred by the commissioner
24 or the office to obtain an order granting, in whole or in
25 part, such petition for enforcement of a subpoena shall be
26 charged against the subpoenaed person, and failure to comply
27 with such order shall be a contempt of court.
28 (b) The Governor and Cabinet, as head of the
29 department, are the agency head as defined in s. 120.52(3) for
30 purposes of the exercise of rulemaking authority under ss.
31 120.536-120.565. For purposes of final orders, as defined in
14
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1 s. 120.52(7), relating to any matters other than the exercise
2 of such rulemaking authority, each commissioner is the agency
3 head for all areas within that commissioner's jurisdiction and
4 shall be responsible for, and take final agency action related
5 to, orders within the regulatory authority delegated to that
6 commissioner's office.
7 (3) APPOINTMENT AND QUALIFICATIONS OF
8 COMMISSIONERS.--Each commissioner shall be appointed by, and
9 shall serve at the pleasure of, the executive director.
10 Appointment of a commissioner is subject to the approval of
11 the Governor and Cabinet. The minimum qualifications of the
12 commissioners are as follows:
13 (a) Prior to appointment as commissioner, the
14 Commissioner of Insurance must have had, within the previous
15 10 years, at least 5 years of responsible private sector
16 experience working full-time in an area under the regulatory
17 jurisdiction of the Office of the Commissioner of Insurance or
18 at least 5 years of experience as a senior examiner or other
19 senior employee of a state or federal agency having regulatory
20 responsibility over insurers or insurance agencies.
21 (b) Prior to appointment as commissioner, the
22 Commissioner of Financial Services must have had, within the
23 previous 10 years, at least 5 years of responsible private
24 sector experience working full-time in an area under the
25 regulatory jurisdiction of the Office of the Commissioner of
26 Financial Services or at least 5 years of experience as a
27 senior examiner or other senior employee of a state or federal
28 agency having regulatory responsibility over financial
29 institutions, finance companies, or securities companies.
30 (4) MICROFILMING AND DESTROYING RECORDS AND
31 CORRESPONDENCE.--
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1 (a) The Department of Insurance and Financial Services
2 may destroy general correspondence files and any other records
3 which the department deems no longer necessary to preserve in
4 accordance with retention schedules and destruction notices
5 established under rules of the Division of Library and
6 Information Services, records and information management
7 program, of the Department of State. Such schedules and
8 notices relating to financial records of the department shall
9 be subject to the approval of the Auditor General.
10 (b) The Department of Insurance and Financial Services
11 may photograph, microphotograph, or reproduce on film such
12 documents and records as it may select, in such manner that
13 each page will be exposed in exact conformity with the
14 original.
15 (c) The Department of Insurance and Financial Services
16 may destroy any of said documents after they have been
17 photographed and filed in accordance with the provisions of
18 paragraph (a).
19 (d) Photographs or microphotographs in the form of
20 film or prints of any records made in compliance with the
21 provisions of this section shall have the same force and
22 effect as the originals thereof would have, and shall be
23 treated as originals for the purpose of their admissibility in
24 evidence. Duly certified or authenticated reproductions of
25 such photographs or microphotographs shall be admitted in
26 evidence equally with the original photographs or
27 microphotographs.
28 (5) DISSEMINATION OF INFORMATION.--The Department of
29 Insurance and Financial Services may disseminate, in any form
30 or manner determined by the department to be appropriate,
31 information regarding the department's official duties.
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1 (6) SEAL.--The Department of Insurance and Financial
2 Services may create and use, exclusively for its purposes, a
3 seal, which shall be copyrighted and or trademarked.
4 Section 5. Transfers.--
5 (1) The following programs, including the incumbent
6 employees in the existing positions of such programs on
7 February 25, 2002, and all property issued and assigned
8 directly to such employees, are hereby transferred by a type
9 two transfer, as defined in s. 20.06(2), Florida Statutes:
10 (a) From the Department of Banking and Finance to the
11 Office of Chief Financial Officer:
12 1. The Comptroller and Cabinet Affairs Program.
13 2. The Financial Accountability for Public Funds
14 Program.
15 (b) From the Department of Insurance to the Office of
16 Chief Financial Officer, the Treasury Program.
17 (c) From the Department of Banking and Finance to the
18 Department of Insurance and Financial Services, the Financial
19 Institutions Regulatory Program.
20 (d) From the Department of Insurance to the Department
21 of Insurance and Financial Services:
22 1. The Office of the Treasurer and Administration
23 Program.
24 2. The State Fire Marshal Program.
25 3. The Risk Management Program.
26 4. The Insurance Regulation and Consumer Protection
27 Program, except the Division of Insurance Fraud is transferred
28 as provided in paragraph (e).
29 (e) From the Department of Insurance to the Department
30 of Law Enforcement, the Division of Insurance Fraud.
31
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1 For the purposes of this subsection, employees transferred to
2 the Office of the Chief Financial Officer, to the Department
3 of Insurance and Financial Services, and to the Department of
4 Law Enforcement shall not be considered new employees for the
5 purpose of subjecting such employees to an employee
6 probationary period. Each transferring agency shall prepare an
7 inventory of all property which, on February 25, 2002, had
8 been assigned to each budget entity and shall submit such
9 inventory to the executive director of the Department of
10 Insurance and Financial Services by August 1, 2002.
11 (2) The following trust funds are transferred:
12 (a) From the Department of Banking and Finance to the
13 Office of the Chief Financial Officer:
14 1. Child Support Depository Trust Fund, FLAIR number
15 44-2-080
16 2. Child Support Clearing Trust Fund, FLAIR number
17 44-2-081.
18 3. Collections Internal Revenue Clearing Trust Fund,
19 FLAIR number 44-2-101.
20 4. Consolidated Miscellaneous Deduction Clearing Trust
21 Fund, FLAIR number 44-2-139.
22 5. Consolidated Payment Trust Fund, FLAIR number
23 44-2-140
24 6. Electronic Funds Transfer Clearing Trust Fund,
25 FLAIR number 44-2-188.
26 7. Employee Refund Clearing Trust Fund, FLAIR number
27 44-2-194.
28 8. Federal Tax Levy Clearing Trust Fund, FLAIR number
29 44-2-274.
30 9. Federal Use of State Lands Trust Fund, FLAIR number
31 44-2-307.
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1 10. Florida Retirement Clearing Trust Fund, FLAIR
2 number 44-2-323.
3 11. Hospital Insurance Tax Clearing Trust Fund, FLAIR
4 number 44-2-370.
5 12. Miscellaneous Deductions Restoration Trust Fund,
6 FLAIR number 44-2-577.
7 13. Prison Industries Trust Fund, FLAIR number
8 44-2-385.
9 14. Social Security Clearing Trust Fund, FLAIR number
10 44-2-643.
11 15. Tobacco Settlement Clearing Trust Fund, FLAIR
12 number 44-2-123.
13 16. Trust Funds Trust Fund, FLAIR number 44-2-732.
14 17. Unclaimed Property Trust Fund, FLAIR number
15 44-2-007
16 (b) From the Department of Insurance to the Office of
17 Chief Financial Officer:
18 1. Government Employees Deferred Compensation Trust
19 Fund, FLAIR number 46-2-155.
20 2. State Treasurer Escrow Trust Fund, FLAIR number
21 46-2-622.
22 3. Treasurer's Administrative And Investment Trust
23 Fund, FLAIR number 46-2-725.
24 4. Treasury Cash Deposit Trust Fund, FLAIR number
25 46-2-720.
26 5. Treasurer Investment Trust Fund, FLAIR number
27 46-2-728.
28 (c) From the Department of Banking and Finance to the
29 Department of Insurance and Financial Services:
30 1. Administrative Trust Fund, FLAIR number 44-2-021,
31 except the moneys in fund account number 44-2-021003 are
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1 transferred from the Department of Banking and Finance to the
2 Office of Chief Financial Officer.
3 2. Anti-Fraud Trust Fund, FLAIR number 44-2-038.
4 3. Comptroller's Federal Equitable Sharing Trust Fund,
5 FLAIR number 44-2-719.
6 4. Financial Institutions' Regulatory Trust Fund,
7 FLAIR number 44-2-275.
8 5. Mortgage Brokerage Guaranty Trust Fund, FLAIR
9 number 44-2-485.
10 6. Preneed Funeral Contract Consumer Protection Trust
11 Fund, FLAIR number 44-2-536.
12 7. Regulatory Trust Fund, FLAIR number 44-2-573.
13 8. Securities Guaranty Fund, FLAIR number 44-2-626.
14 9. Working Capital Trust Fund, FLAIR number 44-2-792.
15 (d) From the Department of Insurance to the Department
16 of Insurance and Financial Services, except as provided:
17 1. Agents and Solicitors County Tax Trust Fund, FLAIR
18 number 46-2-024.
19 2. Florida Casualty Insurance Risk Management Trust
20 Fund, FLAIR number 46-2-078.
21 3. Insurance Commissioner's Regulatory Trust Fund,
22 FLAIR number 46-2-393, except as provided in 624.523(3).
23 4. Rehabilitation Administrative Expense Trust Fund,
24 FLAIR number 46-2-582.
25 (3) EFFECTIVE DATE.--This section shall take effect
26 January 7, 2003.
27 Section 6. (1) Effective January 7, 2003, the rules
28 of the Department of Banking and Finance and of the Department
29 of Insurance that were in effect on January 6, 2003, shall
30 become rules of the Department of Insurance and Financial
31
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1 Services and shall remain in effect until specifically amended
2 or repealed in the manner provided by law.
3 (2) Notwithstanding subsection (1):
4 (a) Any such rules that relate to the constitutional
5 functions of the Comptroller or the Treasurer shall instead
6 become rules of the Office of Chief Financial Officer and
7 shall remain in effect until amended or repealed in the manner
8 provided by law.
9 (b) Any such rules that relate to the functions of the
10 Division of Insurance Fraud of the Department of Insurance
11 shall instead become rules of the Department of Law
12 Enforcement and shall remain in effect until amended or
13 repealed in the manner provided by law.
14 Section 7. (1) This act shall not affect the validity
15 of any judicial or administrative action involving the
16 Department of Banking and Finance or the Department of
17 Insurance pending on January 7, 2003, and the Department of
18 Insurance and Financial Services shall be substituted as a
19 party in interest in any such action.
20 (2) Notwithstanding subsection (1):
21 (a) If the action involves the constitutional
22 functions of the Comptroller or Treasurer, the Office of Chief
23 Financial Officer shall instead be substituted as a party in
24 interest.
25 (b) If the action involves the functions of the
26 Division of Insurance Fraud of the Department of Insurance,
27 the Department of Law Enforcement shall instead be substituted
28 as a party in interest.
29 Section 8. Transitional provisions.--
30 (1) The office of executive director of the Department
31 of Insurance and Financial Services is created effective July
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1 1, 2002. By no later than August 1, 2002, the Governor and
2 Cabinet shall appoint a person, subject to confirmation by the
3 Senate, who will serve as the executive director of the
4 department. However, until the creation of the department
5 takes effect on January 7, 2003, that person shall serve as
6 the head of the Office of Transition Management under
7 subsection (2).
8 (2)(a) There is created the Office of Transition
9 Management. The office shall function independently but shall
10 for administrative purposes be treated as an office of the
11 Executive Office of the Governor.
12 (b) The head of the office is the executive director
13 appointed pursuant to subsection (1), who shall serve at the
14 pleasure of the Governor and Cabinet.
15 (c) The office shall manage the transition to the new
16 Department of Insurance and Financial Services and the new
17 Office of Chief Financial Officer. The management duties of
18 the office shall include, but not be limited to:
19 1. Ensuring that, by no later than January 7, 2003,
20 all positions within the Office of the Commissioner of
21 Insurance and the Office of the Commissioner of Financial
22 Services, including all senior management positions, are
23 occupied by qualified persons.
24 2. Providing written recommendations to the
25 Legislature by no later than February 1, 2003, as to statutory
26 changes that are necessary or desirable to facilitate the
27 operations of the department. These recommendations shall
28 include, but not be limited to, detailed legislative
29 recommendations regarding rulemaking procedures for the
30 Department of Insurance and Financial Services, including
31
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1 proposals to streamline the rulemaking process and proposals
2 regarding adoption of emergency rules.
3 3. Providing a written report that specifies the
4 placement of those positions that are transferred to the
5 Office of Chief Financial Officer and transferred to the
6 Department of Insurance and Financial Services under this act.
7 The office shall provide the report to the Governor, the
8 President of the Senate, the Speaker of the House of
9 Representatives, and the chair of each fiscal committee or
10 council of the Senate and the House of Representatives.
11 4. Taking action in advance on personnel, purchasing,
12 and administrative matters.
13 5. Submitting to the Governor and Cabinet a proposed
14 organizational plan for the Department of Insurance and
15 Financial Services, which plan the Governor and Cabinet may
16 adopt by rule.
17 6. Providing monthly written transition status reports
18 to the President of the Senate and the Speaker of the House of
19 Representatives.
20 7. Providing such other information as may be
21 requested by members or staff of the Legislature.
22 (d) The Department of Banking and Finance, the
23 Department of Insurance, the Office of the Comptroller, and
24 the Office of the Treasurer shall fully cooperate with the
25 Office of Transition Management and shall promptly provide the
26 office with any requested information.
27 (e) Funding for the Office of Transition Management
28 shall be as provided in the General Appropriations Act.
29 Section 9. Effective July 1, 2002, section 216.349,
30 Florida Statutes, is created to read:
31
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1 216.349 Trust fund report--Notwithstanding any
2 provision of law to the contrary, the head of each state
3 agency receiving state appropriations from trust funds shall
4 provide a report each month, through electronic means, to the
5 Comptroller, the chair and the vice chair of the Legislative
6 Budget Commission, and the Governor, on the financial status
7 of all trust funds in the state treasury associated with their
8 agency. Effective January 7, 2003, the reports shall be
9 provided to the Chief Financial Officer in lieu of the
10 Comptroller. The agencies required to submit this report, the
11 form and content of the report, the definition of trust funds
12 to be included in this report, the date of submission, and the
13 electronic means of delivery shall be determined by the chair
14 and vice chair of the Legislative Budget Commission, after
15 consultation with the Comptroller or Chief Financial Officer.
16 Section 10. Effective January 7, 2003, and
17 notwithstanding any provision of law to the contrary, the
18 Chief Financial Officer shall provide a report each month,
19 through electronic means, to the chair and vice chair of the
20 Legislative Budget Commission and the Governor on the
21 financial status of trust funds in the state treasury. The
22 form and content of the report, the definition of trust funds
23 to be included in this report, the date of submission, and the
24 electronic means of delivery shall be determined by the chair
25 and vice chair of the Legislative Budget Commission, after
26 consultation with the Chief Financial Officer.
27 Section 11. Subsection (2) of section 218.36, Florida
28 Statutes, is amended to read:
29 218.36 County officers; record and report of fees and
30 disposition of same.--
31
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1 (2) Effective October 1, 2002, on or before the date
2 for filing the annual report, the tax collector, the sheriff,
3 the supervisor of elections, and the property appraiser each
4 county officer shall pay into the county general fund all
5 money in excess of the sum to which he or she is entitled
6 under the provisions of chapter 145. Whenever a tax collector
7 has money in excess, he or she shall distribute the excess to
8 each governmental unit in the same proportion as the fees paid
9 by the governmental unit bear to the total fee income of his
10 or her office. Any excess held by a property appraiser shall
11 be divided into parts for each governmental unit which was
12 billed and which paid for the operation of the property
13 appraiser's office in the same proportion as the governmental
14 units were originally billed. Such part shall be an advance
15 on the current year's bill, if any.
16 Section 12. Effective July 1, 2003, subsection (3) is
17 added to section 624.523, Florida Statutes, to read:
18 624.523 Insurance Commissioner's Regulatory Trust
19 Fund.--
20 (3) Each fiscal year, $10.75 million is hereby
21 transferred, by nonoperating transfers, from the Insurance
22 Commissioner's Regulatory Trust Fund to the General Revenue
23 Fund. It is the intent of the Legislature that this transfer
24 offset the cost to the Florida Department of Law Enforcement
25 to operate the Division of Insurance Fraud transferred from
26 the Department of Insurance.
27 Section 13. Effective January 7, 2003, section 11.12,
28 Florida Statutes, is amended to read:
29 11.12 Salary, subsistence, and mileage of members and
30 employees; expenses authorized by resolution; appropriation;
31 preaudit by Chief Financial Officer Comptroller.--
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1 (1) The Chief Financial Officer Treasurer is
2 authorized to pay the salary, subsistence, and mileage of the
3 members of the Legislature, as the same shall be authorized
4 from time to time by law, upon creation receipt of a warrant
5 therefor of the Chief Financial Officer Comptroller for the
6 stated amount. The Chief Financial Officer Treasurer is
7 authorized to pay the compensation of employees of the
8 Legislature, together with reimbursement for their authorized
9 travel as provided in s. 112.061, and such expense of the
10 Legislature as shall be authorized by law, a concurrent
11 resolution, a resolution of either house, or rules adopted by
12 the respective houses, provided the total amount appropriated
13 to the legislative branch shall not be altered, upon creation
14 receipt of such warrant therefor. The number, duties, and
15 compensation of the employees of the respective houses and of
16 their committees shall be determined as provided by the rules
17 of the respective house or in this chapter. Each legislator
18 may designate no more than two employees to attend sessions of
19 the Legislature, and those employees who change their places
20 of residence in order to attend the session shall be paid
21 subsistence at a rate to be established by the President of
22 the Senate for Senate employees and the Speaker of the House
23 of Representatives for House employees. Such employees, in
24 addition to subsistence, shall be paid transportation expenses
25 in accordance with s. 112.061(7) and (8) for actual
26 transportation between their homes and the seat of government
27 in order to attend the legislative session and return home, as
28 well as for two round trips during the course of any regular
29 session of the Legislature.
30 (2) All vouchers covering legislative expenses shall
31 be preaudited by the Chief Financial Officer Comptroller, and,
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1 if found to be correct, state warrants shall be issued
2 therefor.
3 Section 14. Effective January 7, 2003, paragraph (c)
4 of subsection (5) of section 11.13, Florida Statutes, is
5 amended to read:
6 11.13 Compensation of members.--
7 (5)
8 (c) The Office of Legislative Services shall submit on
9 forms prescribed by the Chief Financial Officer Comptroller
10 requested allotments of appropriations for the fiscal year.
11 It shall be the duty of the Chief Financial Officer
12 Comptroller to release the funds and authorize the
13 expenditures for the legislative branch to be made from the
14 appropriations on the basis of the requested allotments.
15 However, the aggregate of such allotments shall not exceed the
16 total appropriations available for the fiscal year.
17 Section 15. Effective January 7, 2003, subsection (4)
18 of section 11.147, Florida Statutes, is amended to read:
19 11.147 Office of Legislative Services.--
20 (4) The Office of Legislative Services shall deliver
21 such vouchers covering legislative expenses as required to the
22 Chief Financial Officer Comptroller and, if found to be
23 correct, state warrants shall be issued therefor.
24 Section 16. Effective January 7, 2003, section 11.151,
25 Florida Statutes, is amended to read:
26 11.151 Annual legislative appropriation to contingency
27 fund for use of Senate President and House Speaker.--There is
28 established a legislative contingency fund consisting of
29 $10,000 for the President of the Senate and $10,000 for the
30 Speaker of the House of Representatives, which amounts shall
31 be set aside annually from moneys appropriated for legislative
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1 expense. These funds shall be disbursed by the Chief
2 Financial Officer Comptroller upon receipt of vouchers
3 authorized by the President of the Senate or the Speaker of
4 the House of Representatives. Said funds may be expended at
5 the unrestricted discretion of the President of the Senate or
6 the Speaker of the House of Representatives in carrying out
7 their official duties during the entire period between the
8 date of their election as such officers at the organizational
9 meeting held pursuant to s. 3(a), Art. III of the State
10 Constitution and the next general election.
11 Section 17. Effective January 7, 2003, subsection (5)
12 of section 11.40, Florida Statutes, is amended to read:
13 11.40 Legislative Auditing Committee.--
14 (5) Following notification by the Auditor General, the
15 Chief Financial Officer Department of Banking and Finance, or
16 the Division of Bond Finance of the State Board of
17 Administration of the failure of a local governmental entity,
18 district school board, charter school, or charter technical
19 career center to comply with the applicable provisions within
20 s. 11.45(5)-(7), s. 218.32(1), or s. 218.38, the Legislative
21 Auditing Committee may schedule a hearing. If a hearing is
22 scheduled, the committee shall determine if the entity should
23 be subject to further state action. If the committee
24 determines that the entity should be subject to further state
25 action, the committee shall:
26 (a) In the case of a local governmental entity or
27 district school board, request the Department of Revenue and
28 the Chief Financial Officer Department of Banking and Finance
29 to withhold any funds not pledged for bond debt service
30 satisfaction which are payable to such entity until the entity
31 complies with the law. The committee, in its request, shall
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1 specify the date such action shall begin, and the request must
2 be received by the Department of Revenue and the Chief
3 Financial Officer Department of Banking and Finance 30 days
4 before the date of the distribution mandated by law. The
5 Department of Revenue and the Chief Financial Officer
6 Department of Banking and Finance are authorized to implement
7 the provisions of this paragraph.
8 (b) In the case of a special district, notify the
9 Department of Community Affairs that the special district has
10 failed to comply with the law. Upon receipt of notification,
11 the Department of Community Affairs shall proceed pursuant to
12 the provisions specified in ss. 189.421 and 189.422.
13 (c) In the case of a charter school or charter
14 technical career center, notify the appropriate sponsoring
15 entity, which may terminate the charter pursuant to ss.
16 228.056 and 228.505.
17 Section 18. Effective January 7, 2003, paragraph (b)
18 of subsection (6) of section 11.42, Florida Statutes, is
19 amended to read:
20 11.42 The Auditor General.--
21 (6)
22 (b) All payrolls and vouchers for the operations of
23 the Auditor General's office shall be submitted to the Chief
24 Financial Officer Comptroller and, if found to be correct,
25 payments shall be issued therefor.
26 Section 19. Effective January 7, 2003, subsection (1)
27 of section 14.057, Florida Statutes, is amended to read:
28 14.057 Governor-elect; establishment of operating
29 fund.--
30 (1) There is established an operating fund for the use
31 of the Governor-elect during the period dating from the
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1 certification of his or her election by the Elections
2 Canvassing Commission to his or her inauguration as Governor.
3 The Governor-elect during this period may allocate the fund to
4 travel, expenses, his or her salary, and the salaries of the
5 Governor-elect's staff as he or she determines. Such staff
6 may include, but not be limited to, a chief administrative
7 assistant, a legal adviser, a fiscal expert, and a public
8 relations and information adviser. The salary of the
9 Governor-elect and each member of the Governor-elect's staff
10 during this period shall be determined by the Governor-elect,
11 except that the total expenditures chargeable to the state
12 under this section, including salaries, shall not exceed the
13 amount appropriated to the operating fund. The Executive
14 Office of the Governor shall supply to the Governor-elect
15 suitable forms to provide for the expenditure of the fund and
16 suitable forms to provide for the reporting of all
17 expenditures therefrom. The Chief Financial Officer
18 Comptroller shall release moneys from this fund upon the
19 request of the Governor-elect properly filed.
20 Section 20. Effective January 7, 2003, section 14.058,
21 Florida Statutes, is amended to read:
22 14.058 Inauguration expense fund.--There is
23 established an inauguration expense fund for the use of the
24 Governor-elect in planning and conducting the inauguration
25 ceremonies. The Governor-elect shall appoint an inauguration
26 coordinator and such staff as necessary to plan and conduct
27 the inauguration. Salaries for the inauguration coordinator
28 and the inauguration coordinator's staff shall be determined
29 by the Governor-elect and shall be paid from the inauguration
30 expense fund. The Executive Office of the Governor shall
31 supply to the inauguration coordinator suitable forms to
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1 provide for the expenditure of the fund and suitable forms to
2 provide for the reporting of all expenditures therefrom. The
3 Chief Financial Officer Comptroller shall release moneys from
4 this fund upon the request of the inauguration coordinator
5 properly filed.
6 Section 21. Effective January 7, 2003, paragraph (f)
7 of subsection (3) of section 14.203, Florida Statutes, is
8 amended to read:
9 14.203 State Council on Competitive Government.--It is
10 the policy of this state that all state services be performed
11 in the most effective and efficient manner in order to provide
12 the best value to the citizens of the state. The state also
13 recognizes that competition among service providers may
14 improve the quality of services provided, and that
15 competition, innovation, and creativity among service
16 providers should be encouraged.
17 (3) In performing its duties under this section, the
18 council may:
19 (f) Require that an identified state service be
20 submitted to competitive bidding or another process that
21 creates competition with private sources or other governmental
22 entities. In determining whether an identified state service
23 should be submitted to competitive bidding, the council shall
24 consider, at a minimum:
25 1. Any constitutional and legal implications which may
26 arise as a result of such action.
27 2. The cost of supervising the work of any private
28 contractor.
29 3. The total cost to the state agency of such state
30 agency's performance of a service, including all indirect
31 costs related to that state agency and costs of such agencies
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1 as the Chief Financial Officer and Comptroller, the Treasurer,
2 the Attorney General, and other such support agencies to the
3 extent such costs would not be incurred if a contract is
4 awarded. Costs for the current provision of the service shall
5 be considered only when such costs would actually be saved if
6 the contract were awarded to another entity.
7 Section 22. Effective January 7, 2003, subsection (3)
8 of section 15.09, Florida Statutes, is amended to read:
9 15.09 Fees.--
10 (3) All fees arising from certificates of election or
11 appointment to office and from commissions to officers shall
12 be paid to the Chief Financial Officer Treasurer for deposit
13 in the General Revenue Fund.
14 Section 23. Effective January 7, 2003, section 16.10,
15 Florida Statutes, is amended to read:
16 16.10 Receipt of Supreme Court reports for
17 office.--The Clerk of the Supreme Court shall deliver to the
18 Attorney General a copy of each volume, or part of volume, of
19 the decisions of the Supreme Court, which may be in the care
20 or custody of said clerk, and which the Attorney General's
21 office may be without, and take the Attorney General's receipt
22 for the same. The Attorney General shall keep the same in her
23 or his office at the capitol, and each retiring Attorney
24 General shall take the receipt of her or his successor for the
25 same and file such receipt in the Chief Financial Officer's
26 Treasurer's office; provided that this shall not authorize the
27 taking away of any book belonging to the Supreme Court
28 library, kept for the use of said court.
29 Section 24. Effective January 7, 2003, section 17.02,
30 Florida Statutes, is amended to read:
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1 17.02 Place of residence and office.--The Chief
2 Financial Officer Comptroller shall reside at the seat of
3 government of this state, and shall hold office in a room in
4 the capitol.
5 Section 25. Effective January 7, 2003, section 17.03,
6 Florida Statutes, is amended to read:
7 17.03 To audit claims against the state.--
8 (1) The Chief Financial Officer Comptroller of this
9 state, using generally accepted auditing procedures for
10 testing or sampling, shall examine, audit, and settle all
11 accounts, claims, and demands, whatsoever, against the state,
12 arising under any law or resolution of the Legislature, and
13 issue a warrant to the Treasurer directing the Treasurer to
14 pay out of the State Treasury such amount as requested shall
15 be allowed by the Comptroller thereon.
16 (2) The Chief Financial Officer Comptroller may
17 establish dollar thresholds applicable to each invoice amount
18 and other criteria for testing or sampling invoices on a
19 preaudit and postaudit basis. The Chief Financial Officer
20 Comptroller may revise such thresholds and other criteria for
21 an agency or the unit of any agency as he or she deems
22 appropriate.
23 (3) The Chief Financial Officer Comptroller may adopt
24 and disseminate to the agencies procedural and documentation
25 standards for payment requests and may provide training and
26 technical assistance to the agencies for these standards.
27 (4) The Chief Financial Officer Comptroller shall have
28 the legal duty of issuing delivering all state warrants and
29 shall be charged with the official responsibility of the
30 protection and security of the state warrants while in his or
31
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1 her custody. The Chief Financial Officer Comptroller may
2 delegate this authority to other state agencies or officers.
3 Section 26. Effective January 7, 2003, section 17.031,
4 Florida Statutes, is amended to read:
5 17.031 Security of Chief Financial Officer's
6 Comptroller's office.--The Chief Financial Officer Comptroller
7 is authorized to engage the full-time services of two law
8 enforcement officers, with power of arrest, to prevent all
9 acts of a criminal nature directed at the property in the
10 custody or control of the Chief Financial Officer Comptroller.
11 While so assigned, said officers shall be under the direction
12 and supervision of the Chief Financial Officer Comptroller,
13 and their salaries and expenses shall be paid from the general
14 fund of the office of Chief Financial Officer Comptroller.
15 Section 27. Effective January 7, 2003, section 17.04,
16 Florida Statutes, is amended to read:
17 17.04 To audit and adjust accounts of officers and
18 those indebted to the state.--The Chief Financial Officer
19 Department of Banking and Finance of this state, using
20 generally accepted auditing procedures for testing or
21 sampling, shall examine, audit, adjust, and settle the
22 accounts of all the officers of this state, and any other
23 person in anywise entrusted with, or who may have received any
24 property, funds, or moneys of this state, or who may be in
25 anywise indebted or accountable to this state for any
26 property, funds, or moneys, and require such officer or
27 persons to render full accounts thereof, and to yield up such
28 property or funds according to law, or pay such moneys into
29 the treasury of this state, or to such officer or agent of the
30 state as may be appointed to receive the same, and on failure
31 so to do, to cause to be instituted and prosecuted
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1 proceedings, criminal or civil, at law or in equity, against
2 such persons, according to law. The Division of Financial
3 Investigations may conduct investigations within or outside of
4 this state as it deems necessary to aid in the enforcement of
5 this section. If during an investigation the division has
6 reason to believe that any criminal statute of this state has
7 or may have been violated, the division shall refer any
8 records tending to show such violation to state or federal law
9 enforcement or prosecutorial agencies and shall provide
10 investigative assistance to those agencies as required.
11 Section 28. Effective January 7, 2003, section
12 17.0401, Florida Statutes, is amended to read:
13 17.0401 Confidentiality of information relating to
14 financial investigations.--Except as otherwise provided by
15 this section, information relative to an investigation
16 conducted by the Division of Financial Investigations pursuant
17 to s. 17.04, including any consumer complaint, is confidential
18 and exempt from the provisions of s. 119.07(1) and s. 24(a),
19 Art. I of the State Constitution until the investigation is
20 completed or ceases to be active. Any information relating to
21 an investigation conducted by the division pursuant to s.
22 17.04 shall remain confidential and exempt from the provisions
23 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
24 after the division's investigation is completed or ceases to
25 be active if the division submits the information to any law
26 enforcement or prosecutorial agency for further investigation.
27 Such information shall remain confidential and exempt from the
28 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
29 Constitution until that agency's investigation is completed or
30 ceases to be active. For purposes of this section, an
31 investigation shall be considered "active" so long as the
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1 division or any law enforcement or prosecutorial agency is
2 proceeding with reasonable dispatch and has a reasonable good
3 faith belief that the investigation may lead to the filing of
4 an administrative, civil, or criminal proceeding. This
5 section shall not be construed to prohibit disclosure of
6 information which is required by law to be filed with the
7 Chief Financial Officer Department of Banking and Finance and
8 which, but for the investigation, would otherwise be subject
9 to public disclosure. Nothing in this section shall be
10 construed to prohibit the division from providing information
11 to any law enforcement or prosecutorial agency. Any law
12 enforcement or prosecutorial agency receiving confidential
13 information from the division in connection with its official
14 duties shall maintain the confidentiality of the information
15 as provided for in this section.
16 Section 29. Effective January 7, 2003, subsections
17 (1)-(6) of section 17.041, Florida Statutes, are amended to
18 read:
19 17.041 County and district accounts and claims.--
20 (1) It shall be the duty of the Chief Financial
21 Officer Department of Banking and Finance of this state to
22 adjust and settle, or cause to be adjusted and settled, all
23 accounts and claims heretofore or hereafter reported to him or
24 her it by the Auditor General, the appropriate county or
25 district official, or any person against all county and
26 district officers and employees, and against all other persons
27 entrusted with, or who may have received, any property, funds,
28 or moneys of a county or district or who may be in anywise
29 indebted to or accountable to a county or district for any
30 property, funds, moneys, or other thing of value, and to
31 require such officer, employee, or person to render full
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1 accounts thereof and to yield up such property, funds, moneys,
2 or other thing of value according to law to the officer or
3 authority entitled by law to receive the same.
4 (2) On the failure of such officer, employee, or
5 person to adjust and settle such account, or to yield up such
6 property, funds, moneys, or other thing of value, the Chief
7 Financial Officer department shall direct the attorney for the
8 board of county commissioners, the district school board, or
9 the district, as the case may be, entitled to such account,
10 property, funds, moneys, or other thing of value to represent
11 such county or district in enforcing settlement, payment or
12 delivery of such account, property, funds, moneys, or other
13 thing of value. The Chief Financial Officer department may
14 enforce such settlement, payment, or delivery pursuant to s.
15 17.20.
16 (3) Should the attorney for the county or district
17 aforesaid be disqualified or unable to act, and no other
18 attorney be furnished by the county or district, or should the
19 Chief Financial Officer department otherwise deem it
20 advisable, such account or claim may be certified to the
21 Department of Legal Affairs by the Chief Financial Officer
22 department, to be prosecuted by the Department of Legal
23 Affairs at county or district expense, as the case may be,
24 including necessary per diem and travel expense in accordance
25 with s. 112.061, as now or hereafter amended. Such expenses,
26 when approved by the Chief Financial Officer department, shall
27 be paid forthwith by such county or district.
28 (4) Should it appear to the Chief Financial Officer
29 department that any criminal statute of this state has or may
30 have been violated by such defaulting officer, employee, or
31 person, such information, evidence, documents, and other
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1 things tending to show such a violation, whether in the hands
2 of the Chief Financial Officer Comptroller, the Auditor
3 General, the county, or the district, shall be forthwith
4 turned over to the proper state attorney for inspection,
5 study, and such action as may be deemed proper, or the same
6 may be brought to the attention of the proper grand jury.
7 (5) No such account or claim, after it has been
8 certified to the Chief Financial Officer department, may be
9 settled for less than the amount due according to law without
10 the written consent of the Chief Financial Officer department,
11 and any attempt to make settlement in violation of this
12 subsection shall be deemed null and void. A county or
13 district board desiring to make such a settlement shall
14 incorporate the proposed settlement into a resolution, stating
15 that the proposed settlement is contingent upon the Chief
16 Financial Officer's Comptroller's approval, and shall submit
17 two copies of the resolution to the Chief Financial Officer
18 department. The Chief Financial Officer department shall
19 return one copy with the Chief Financial Officer's
20 Comptroller's action endorsed thereon.
21 (6) No settlement of account of any such officer,
22 employee, or person, with the county or district, or any of
23 their officers or agents, made in an amount or manner other
24 than as authorized by law or for other than a lawful county or
25 district purpose, shall be binding upon such county or
26 district unless and until approved by the Chief Financial
27 Officer department, or unless more than 4 years shall have
28 elapsed from the date of such settlement.
29 Section 30. Effective January 7, 2003, section
30 17.0415, Florida Statutes, is amended to read:
31
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1 17.0415 Transfer and assignment of claims.--In order
2 to facilitate their collection from third parties, the Chief
3 Financial Officer Comptroller may authorize the assignment of
4 claims among the state, its agencies, and its subdivisions,
5 whether arising from criminal, civil, or other judgments in
6 state or federal court. The state, its agencies, and its
7 subdivisions, may assign claims under such terms as are
8 mutually acceptable to the Chief Financial Officer Comptroller
9 and the assignee and assignor. The assigned claim may be
10 enforced as a setoff to any claim against the state, its
11 agencies, or its subdivisions, by garnishment or in the same
12 manner as a judgment in a civil action. Claims against the
13 state, its agencies, and its subdivisions resulting from the
14 condemnation of property protected by the provisions of s. 4,
15 Art. X of the State Constitution are not subject to setoff
16 pursuant to this section.
17 Section 31. Effective January 7, 2003, section 17.05,
18 Florida Statutes, is amended to read:
19 17.05 Subpoenas; sworn statements; enforcement
20 proceedings.--
21 (1) The Chief Financial Officer Comptroller may demand
22 and require full answers on oath from any and every person,
23 party or privy to any account, claim, or demand against or by
24 the state, such as it may be the Chief Financial Officer's
25 Comptroller's official duty to examine into, and which answers
26 the Chief Financial Officer Comptroller may require to be in
27 writing and to be sworn to before the Chief Financial Officer
28 or his or her designee Comptroller or the department or before
29 any judicial officer or clerk of any court of the state so as
30 to enable the Chief Financial Officer Comptroller to determine
31 the justice or legality of such account, claim, or demand.
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1 (2) In exercising authority under this chapter, the
2 Chief Financial Officer Comptroller or his or her designee
3 may:
4 (a) Issue subpoenas, administer oaths, and examine
5 witnesses.
6 (b) Require or permit a person to file a statement in
7 writing, under oath or otherwise as the Chief Financial
8 Officer Comptroller or his or her designee requires, as to all
9 the facts and circumstances concerning the matter to be
10 audited, examined, or investigated.
11 (3) Subpoenas shall be issued by the Chief Financial
12 Officer Comptroller or his or her designee under seal
13 commanding such witnesses to appear before the Chief Financial
14 Officer Comptroller or the Chief Financial Officer's
15 Comptroller's representative or the department at a specified
16 time and place and to bring books, records, and documents as
17 specified or to submit books, records, and documents for
18 inspection. Such subpoenas may be served by an authorized
19 representative of the Chief Financial Officer Comptroller or
20 the department.
21 (4) In the event of noncompliance with a subpoena
22 issued pursuant to this section, the Chief Financial Officer
23 Comptroller or his or her designee the department may petition
24 the circuit court of the county in which the person subpoenaed
25 resides or has his or her principal place of business for an
26 order requiring the subpoenaed person to appear and testify
27 and to produce books, records, and documents as specified in
28 the subpoena. The court may grant legal, equitable, or
29 injunctive relief, including, but not limited to, issuance of
30 a writ of ne exeat or the restraint by injunction or
31 appointment of a receiver of any transfer, pledge, assignment,
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1 or other disposition of such person's assets or any
2 concealment, alteration, destruction, or other disposition of
3 subpoenaed books, records, or documents, as the court deems
4 appropriate, until such person has fully complied with such
5 subpoena and the Chief Financial Officer Comptroller or his or
6 her designee the department has completed the audit,
7 examination, or investigation. The Chief Financial Officer
8 Comptroller or his or her designee the department is entitled
9 to the summary procedure provided in s. 51.011, and the court
10 shall advance the cause on its calendar. Costs incurred by
11 the Chief Financial Officer Comptroller or his or her designee
12 the department to obtain an order granting, in whole or in
13 part, such petition for enforcement of a subpoena shall be
14 charged against the subpoenaed person, and failure to comply
15 with such order shall be a contempt of court.
16 Section 32. Effective January 7, 2003, section 17.06,
17 Florida Statutes, is amended to read:
18 17.06 Disallowed items and accounts.--The Chief
19 Financial Officer Comptroller shall erase from any original
20 account all items disallowed by him or her; and when the Chief
21 Financial Officer Comptroller shall reject the whole of any
22 account he or she shall write across the face of it the word
23 "disallowed," and the date, and file the same in the Chief
24 Financial Officer's Comptroller's office or deliver it to the
25 claimant.
26 Section 33. Effective January 7, 2003, section 17.075,
27 Florida Statutes, is amended to read:
28 17.075 Form of state warrants and other payment
29 orders; rules.--
30 (1) The Chief Financial Officer Department of Banking
31 and Finance is authorized to establish the form or forms of
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1 state warrants which are to be drawn by him or her it and of
2 other orders for payment or disbursement of moneys out of the
3 State Treasury and to change the form thereof from time to
4 time as the Chief Financial Officer department may consider
5 necessary or appropriate. Such orders for payment may be in
6 any form, but, regardless of form, each order shall be subject
7 to the accounting and recordkeeping requirements applicable to
8 state warrants.
9 (2) The Chief Financial Officer department shall adopt
10 rules establishing accounting and recordkeeping procedures for
11 all payments made by electronic transfer of funds or by any
12 other means. Such procedures shall be consistent with the
13 statutory requirements applicable to payments by state
14 warrant.
15 Section 34. Effective January 7, 2003, paragraph (b)
16 of subsection (1) and subsection (6) are repealed and
17 subsections (2), (3), (4), (7), and (8) of section 17.076,
18 Florida Statutes, are amended to read:
19 17.076 Direct deposit of funds.--
20 (2) The Chief Financial Officer department shall
21 establish a program for the direct deposit of funds to the
22 account of the beneficiary of such a payment or disbursement
23 in any financial institution equipped for electronic fund
24 transfers, which institution is designated in writing by such
25 beneficiary and has lawful authority to accept such deposits.
26 Direct deposit of funds shall be by any electronic or other
27 transfer medium approved by the Chief Financial Officer
28 department for such purpose.
29 (3) The Chief Financial Officer department may
30 contract with an authorized financial institution for the
31 services necessary to operate the program. In order to
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1 implement the provisions of this section, the Chief Financial
2 Officer Comptroller is authorized to deposit with that
3 financial institution the funds payable to the beneficiaries,
4 in lump sum, by Chief Financial Officer's Comptroller's
5 warrant to make the authorized direct deposits.
6 (4) The written authorization of a beneficiary shall
7 be filed with the Chief Financial Officer department or his or
8 her its designee. Such authorization shall remain in effect
9 until withdrawn in writing by the beneficiary or dishonored by
10 the designated financial institution.
11 (6)(7) To cover the Chief Financial Officer's
12 department's actual costs for processing the direct deposit of
13 funds other than salary or retirement benefits, the Chief
14 Financial Officer department may charge the beneficiary of the
15 direct deposit a reasonable fee. The Chief Financial Officer
16 department may collect the fee by direct receipt from the
17 beneficiary or by subtracting the amount of the fee from the
18 funds due the beneficiary. Such fees collected by the Chief
19 Financial Officer department shall be deposited into the Chief
20 Financial Officer's Department of Banking and Finance
21 Administrative Trust Fund.
22 (7)(8) Effective July 1, 2000, all new recipients of
23 retirement benefits from this state shall be paid by direct
24 deposit of funds. A retiree may request from the Chief
25 Financial Officer department an exemption from the provisions
26 of this subsection when such retiree can demonstrate a
27 hardship. The Chief Financial Officer department may pay
28 retirement benefits by state warrant when deemed
29 administratively necessary.
30 Section 35. Effective January 7, 2003, section 17.08,
31 Florida Statutes, is amended to read:
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1 17.08 Accounts, etc., on which warrants drawn, to be
2 filed.--All accounts, vouchers, and evidence, upon which
3 warrants have heretofore been, or shall hereafter be, drawn
4 upon the treasury by the Chief Financial Officer Comptroller
5 shall be filed and deposited in the office of Chief Financial
6 Officer Comptroller or the office of the Chief Financial
7 Officer's Comptroller's designee, in accordance with
8 requirements established by the Secretary of State.
9 Section 36. Effective January 7, 2003, section 17.09,
10 Florida Statutes, is amended to read:
11 17.09 Application for warrants for salaries.--All
12 public officers who are entitled to salaries in this state,
13 shall make their application for warrants in writing, stating
14 for what terms and the amount they claim, which written
15 application shall be filed by the Chief Financial Officer
16 Comptroller as vouchers for the warrants issued thereupon.
17 Section 37. Effective January 7, 2003, section 17.10,
18 Florida Statutes, is amended to read:
19 17.10 Record of warrants issued.--The Chief Financial
20 Officer Comptroller shall cause to be entered in the warrant
21 register a record of the warrants issued during the previous
22 month, and shall make such entry in the record so required to
23 be kept as shall show the number of each warrant issued, in
24 whose favor drawn, and the date it was issued.
25 Section 38. Effective January 7, 2003, section 17.11,
26 Florida Statutes, is amended to read:
27 17.11 To report disbursements made.--
28 (1) The Chief Financial Officer Comptroller shall make
29 in all his or her future annual reports an exhibit stated from
30 the record of disbursements made during the fiscal year, and
31
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1 the several heads of expenditures under which such
2 disbursements were made.
3 (2) The Chief Financial Officer Comptroller shall also
4 cause to have reported from the Florida Accounting Information
5 Resource Subsystem no less than quarterly the disbursements
6 which agencies made to small businesses, as defined in the
7 Florida Small and Minority Business Assistance Act of 1985; to
8 certified minority business enterprises in the aggregate; and
9 to certified minority business enterprises broken down into
10 categories of minority persons, as well as gender and
11 nationality subgroups. This information shall be made
12 available to the agencies, the Office of Supplier Diversity,
13 the Governor, the President of the Senate, and the Speaker of
14 the House of Representatives. Each agency shall be responsible
15 for the accuracy of information entered into the Florida
16 Accounting Information Resource Subsystem for use in this
17 reporting.
18 Section 39. Effective January 7, 2003, section 17.12,
19 Florida Statutes, is amended to read:
20 17.12 Authorized to issue warrants to tax collector or
21 sheriff for payment.--Whenever it shall appear to the
22 satisfaction of the Chief Financial Officer Comptroller of
23 this state from examination of the books of his or her office
24 that the tax collector or the sheriff for any county in this
25 state has paid into the State Treasury, through mistake or
26 otherwise, a larger or greater sum than is actually due from
27 said collector or sheriff, then the Chief Financial Officer
28 Comptroller may issue a warrant to said collector or sheriff
29 for the sum so found to be overpaid.
30 Section 40. Effective January 7, 2003, section 17.13,
31 Florida Statutes, is amended to read:
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1 17.13 To duplicate warrants lost or destroyed.--
2 (1) The Chief Financial Officer Comptroller is
3 required to duplicate any Comptroller's warrants that may have
4 been lost or destroyed, or may hereafter be lost or destroyed,
5 upon the owner thereof or the owner's agent or attorney
6 presenting the Chief Financial Officer Comptroller the
7 statement, under oath, reciting the number, date, and amount
8 of any warrant or the best and most definite description in
9 his or her knowledge and the circumstances of its loss; if the
10 Chief Financial Officer Comptroller deems it necessary, the
11 owner or the owner's agent or attorney shall file in the
12 office of the Chief Financial Officer Comptroller a surety
13 bond, or a bond with securities, to be approved by one of the
14 judges of the circuit court or one of the justices of the
15 Supreme Court, in a penalty of not less than twice the amount
16 of any warrants so duplicated, conditioned to indemnify the
17 state and any innocent holders thereof from any damages that
18 may accrue from such duplication.
19 (2) The Chief Financial Officer Comptroller is
20 required to duplicate any Comptroller's warrant that may have
21 been lost or destroyed, or may hereafter be lost or destroyed,
22 when sent to any payee via any state agency when such warrant
23 is lost or destroyed prior to being received by the payee and
24 provided the director of the state agency to whom the warrant
25 was sent presents to the Chief Financial Officer Comptroller a
26 statement, under oath, reciting the number, date, and amount
27 of the warrant lost or destroyed, the circumstances
28 surrounding the loss or destruction of such warrant, and any
29 additional information that the Chief Financial Officer
30 Comptroller shall request in regard to such warrant.
31
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1 (3) Any duplicate Chief Financial Officer's
2 Comptroller's warrant issued in pursuance of the above
3 provisions shall be of the same validity as the original was
4 before its loss.
5 Section 41. Effective January 7, 2003, section 17.14,
6 Florida Statutes, is amended to read:
7 17.14 To prescribe forms.--The Chief Financial Officer
8 Department of Banking and Finance may prescribe the forms of
9 all papers, vouchers, reports and returns and the manner of
10 keeping the accounts and papers to be used by the officers of
11 this state or other persons having accounts, claims, or
12 demands against the state or entrusted with the collection of
13 any of the revenue thereof or any demand due the same, which
14 form shall be pursued by such officer or other persons.
15 Section 42. Effective January 7, 2003, section 17.16,
16 Florida Statutes, is amended to read:
17 17.16 Seal.--The seal of office of the Chief Financial
18 Officer Comptroller of the state shall be the same as the seal
19 heretofore used for the Comptroller that purpose.
20 Section 43. Effective January 7, 2003, section 17.17,
21 Florida Statutes, is amended to read:
22 17.17 Examination by Governor and report.--The office
23 of Chief Financial Officer Comptroller of the state, and the
24 books, files, documents, records, and papers shall always be
25 subject to the examination of the Governor of this state, or
26 any person the Governor may authorize to examine the same; and
27 on the first day of January of each and every year, or oftener
28 if called for by the Governor, the Chief Financial Officer
29 Comptroller shall make a full report of all his or her
30 official acts and proceedings for the last fiscal year to the
31 Governor, to be laid before the Legislature with the
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1 Governor's message, and shall make such further report as the
2 constitution may require.
3 Section 44. Effective January 7, 2003, section 17.20,
4 Florida Statutes, is amended to read:
5 17.20 Assignment of claims for collection.--
6 (1) The Chief Financial Officer Department of Banking
7 and Finance shall charge the state attorneys with the
8 collection of all claims that are placed in their hands for
9 collection of money or property for the state or any county or
10 special district, or that he or she it otherwise requires them
11 to collect. The charges are evidence of indebtedness of a
12 state attorney against whom any charge is made for the full
13 amount of the claim, until the charges have been collected and
14 paid into the treasury of the state or of the county or
15 special district or the legal remedies of the state have been
16 exhausted, or until the state attorney demonstrates to the
17 Chief Financial Officer department that the failure to collect
18 the charges is not due to negligence and the Chief Financial
19 Officer department has made a proper entry of satisfaction of
20 the charge against the state attorney.
21 (2) The Chief Financial Officer department may assign
22 the collection of any claim to a collection agent who is
23 registered and in good standing pursuant to chapter 559, if
24 the Chief Financial Officer department determines the
25 assignation to be cost-effective. The Chief Financial Officer
26 department may pay an agent from any amount collected under
27 the claim a fee that the Chief Financial Officer department
28 and the agent have agreed upon; may authorize the agent to
29 deduct the fee from the amount collected; may require the
30 appropriate state agency, county, or special district to pay
31 the agent the fee from any amount collected by the agent on
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1 its behalf; or may authorize the agent to add the fee to the
2 amount to be collected.
3 (3) Notwithstanding any other provision of law, in any
4 contract providing for the location or collection of unclaimed
5 property, the Chief Financial Officer department may authorize
6 the contractor to deduct its fees and expenses for services
7 provided under the contract from the unclaimed property that
8 the contractor has recovered or collected under the contract.
9 The Chief Financial Officer department shall annually report
10 to the Governor, President of the Senate, and the Speaker of
11 the House of Representatives the total amount collected or
12 recovered by each contractor during the previous fiscal year
13 and the total fees and expenses deducted by each contractor.
14 Section 45. Effective January 7, 2003, section 17.21,
15 Florida Statutes, is amended to read:
16 17.21 Not to allow any claim of state attorney against
17 state until report made.--The Chief Financial Officer
18 Comptroller shall not audit or allow any claim which any state
19 attorney may have against the state for services who shall
20 fail to make any report which by law the state attorney is
21 required to make to the Chief Financial Officer Comptroller of
22 claims of the state which it is his or her duty to collect.
23 Section 46. Effective January 7, 2003, section 17.22,
24 Florida Statutes, is amended to read:
25 17.22 Notice to Department of Legal Affairs.--Whenever
26 the Chief Financial Officer Department of Banking and Finance
27 forwards any bond or account or claim for suit to any state
28 attorney, he or she it shall advise the Department of Legal
29 Affairs of the fact, giving it the amount of the claim and
30 other necessary particulars for its full information upon the
31 subject.
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1 Section 47. Effective January 7, 2003, section 17.25,
2 Florida Statutes, is amended to read:
3 17.25 May certify copies.--The Chief Financial Officer
4 Comptroller of this state may certify, under his or her seal
5 of office, copies of any record, paper, or document, by law
6 placed in the Chief Financial Officer's Comptroller's custody,
7 keeping, and care; and such certified copy shall have the same
8 force and effect as evidence as the original would have.
9 Section 48. Effective January 7, 2003, subsections (1)
10 and (3) of section 17.26, Florida Statutes, are amended to
11 read:
12 17.26 Cancellation of state warrants not presented
13 within 1 year.--
14 (1) If any state warrant issued by the Chief Financial
15 Officer Comptroller against any fund in the State Treasury is
16 not presented for payment within 1 year after the last day of
17 the month in which it was originally issued, the Chief
18 Financial Officer Comptroller may cancel the warrant and
19 credit the amount of the warrant to the fund upon which it is
20 drawn. If the warrant so canceled was issued against a fund
21 that is no longer operative, the amount of the warrant shall
22 be credited to the General Revenue Fund. The Chief Financial
23 Officer Treasurer shall not honor any state warrant after it
24 has been canceled.
25 (3) When a warrant canceled under subsection (1)
26 represents funds that are in whole or in part derived from
27 federal contributions and disposition of the funds under
28 chapter 717 would cause a loss of the federal contributions,
29 the Governor shall certify to the Chief Financial Officer
30 Comptroller that funds represented by such warrants are for
31 that reason exempt from treatment as unclaimed property.
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1 Obligations represented by warrants are unenforceable after 1
2 year from the last day of the month in which the warrant was
3 originally issued. An action may not be commenced thereafter
4 on the obligation unless authorized by the federal program
5 from which the original warrant was funded and unless payment
6 of the obligation is authorized to be made from the current
7 federal funding. When a payee or person entitled to a warrant
8 subject to this paragraph requests payment, and payment from
9 current federal funding is authorized by the federal program
10 from which the original warrant was funded, the Chief
11 Financial Officer Comptroller may, upon investigation, issue a
12 new warrant to be paid out of the proper fund in the State
13 Treasury, provided the payee or other person executes under
14 oath the statement required by s. 17.13 or surrenders the
15 canceled warrant.
16 Section 49. Effective January 7, 2003, subsections
17 (1), (2), and (3) of section 17.27, Florida Statutes, are
18 amended to read:
19 17.27 Microfilming and destroying records and
20 correspondence.--
21 (1) The Chief Financial Officer Department of Banking
22 and Finance may destroy general correspondence files and also
23 any other records which he or she the department may deem no
24 longer necessary to preserve in accordance with retention
25 schedules and destruction notices established under rules of
26 the Division of Library and Information Services, records and
27 information management program, of the Department of State.
28 Such schedules and notices relating to financial records of
29 the Chief Financial Officer department shall be subject to the
30 approval of the Auditor General.
31
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1 (2) The Chief Financial Officer Department of Banking
2 and Finance may photograph, microphotograph, or reproduce on
3 film such documents and records as he or she it may select, in
4 such manner that each page will be exposed in exact conformity
5 with the original.
6 (3) The Chief Financial Officer Department of Banking
7 and Finance may destroy any of said documents after they have
8 been photographed and filed in accordance with the provisions
9 of subsection (1).
10 Section 50. Effective January 7, 2003, section 17.28,
11 Florida Statutes, is amended to read:
12 17.28 Comptroller may authorize Biweekly salary
13 payments.--The Chief Financial Officer Comptroller is
14 authorized and may permit biweekly salary payments to
15 personnel upon written request by a specific state agency.
16 The Chief Financial Officer Comptroller shall promulgate
17 reasonable rules and regulations to carry out the intent of
18 this section.
19 Section 51. Effective January 7, 2003, section 17.29,
20 Florida Statutes, is amended to read:
21 17.29 Authority to prescribe rules.--The Chief
22 Financial Officer Comptroller has authority to adopt rules
23 pursuant to ss. 120.54 and 120.536(1) to implement duties
24 assigned by statute or the State Constitution. Such rules may
25 include, but are not limited to, the following:
26 (1) Procedures or policies relating to the processing
27 of payments from salaries, other personal services, or any
28 other applicable appropriation.
29 (2) Procedures for processing interagency and
30 intraagency payments which do not require the issuance of a
31 state warrant.
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1 Section 52. Effective January 7, 2003, section 17.30,
2 Florida Statutes, is amended to read:
3 17.30 Dissemination of information.--The Chief
4 Financial Officer Comptroller may disseminate, in any form or
5 manner he or she considers appropriate, information regarding
6 the Chief Financial Officer's Comptroller's official duties.
7 Section 53. Effective January 7, 2003, subsection (1)
8 of section 17.32, Florida Statutes, is amended to read:
9 17.32 Annual report of trust funds; duties of
10 Comptroller.--
11 (1) On February 1 of each year, the Chief Financial
12 Officer Comptroller shall present to the President of the
13 Senate and the Speaker of the House of Representatives a
14 report listing all trust funds as defined in s. 215.32. The
15 report shall contain the following data elements for each fund
16 for the preceding fiscal year:
17 (a) The fund code.
18 (b) The title.
19 (c) The fund type according to generally accepted
20 accounting principles.
21 (d) The statutory authority.
22 (e) The beginning cash balance.
23 (f) Direct revenues.
24 (g) Nonoperating revenues.
25 (h) Operating disbursements.
26 (i) Nonoperating disbursements.
27 (j) The ending cash balance.
28 (k) The department and budget entity in which the fund
29 is located.
30
31
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1 Section 54. Effective January 7, 2003, subsections
2 (1), (2), (3), and (5) of section 17.325, Florida Statutes,
3 are amended to read:
4 17.325 Governmental efficiency hotline; duties of
5 Comptroller.--
6 (1) By September 1, 1992, The Chief Financial Officer
7 Comptroller shall establish and operate a statewide toll-free
8 telephone hotline to receive information or suggestions from
9 the citizens of this state on how to improve the operation of
10 government, increase governmental efficiency, and eliminate
11 waste in government. The Chief Financial Officer Comptroller
12 shall report each month to the Appropriations Committee of the
13 House of Representatives and of the Senate the information or
14 suggestions received through the hotline and the evaluations
15 and determinations made by the affected agency, as provided in
16 subsection (3), with respect to such information or
17 suggestions.
18 (2) The Chief Financial Officer Comptroller shall
19 operate the hotline 24 hours a day. The Chief Financial
20 Officer Comptroller shall advertise the availability of the
21 hotline in newspapers of general circulation in this state and
22 shall provide for the posting of notices in conspicuous places
23 in state agency offices, city halls, county courthouses, and
24 places in which there is exposure to significant numbers of
25 the general public, including, but not limited to, local
26 convenience stores, shopping malls, shopping centers, gasoline
27 stations, or restaurants. The Chief Financial Officer
28 Comptroller shall use the slogan "Tell us where we can 'Get
29 Lean'" for the hotline and in advertisements for the hotline.
30 (3) Each telephone call on the hotline shall be
31 received by the office of the Chief Financial Officer
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1 Comptroller, and that the office of the Comptroller shall
2 conduct an evaluation to determine if it is appropriate for
3 the telephone call to be processed as a "Get Lean" telephone
4 call. If it is determined that the telephone call should be
5 processed as a "Get Lean" telephone call, a record of each
6 suggestion or item of information received shall be entered
7 into a log kept by the Chief Financial Officer Comptroller. A
8 caller on the hotline may remain anonymous, and, if the caller
9 provides his or her name, the name shall be confidential. If
10 a caller discloses that he or she is a state employee, the
11 Chief Financial Officer Comptroller, in addition to
12 maintaining a record as required by this section, may refer
13 any information or suggestion from the caller to an existing
14 state awards program administered by the affected agency. The
15 affected agency shall conduct a preliminary evaluation of the
16 efficacy of any suggestion or item of information received
17 through the hotline and shall provide the Chief Financial
18 Officer Comptroller with a preliminary determination of the
19 amount of revenues the state might save by implementing the
20 suggestion or making use of the information.
21 (5) The Chief Financial Officer Comptroller shall
22 adopt any rule necessary to implement the establishment,
23 operation, and advertisement of the hotline.
24 Section 55. Effective January 7, 2003, subsection (1)
25 of section 17.41, Florida Statutes, is amended to read:
26 17.41 Chief Financial Officer's Department of Banking
27 and Finance Tobacco Settlement Clearing Trust Fund.--
28 (1) The Chief Financial Officer's Department of
29 Banking and Finance Tobacco Settlement Clearing Trust Fund is
30 created within that office department.
31
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1 Section 56. Effective January 7, 2003, subsection (1)
2 of section 17.43, Florida Statutes, is amended to read:
3 17.43 Comptroller's Federal Equitable Sharing Trust
4 Fund.--
5 (1) The Comptroller's Federal Equitable Sharing Trust
6 Fund is created within the Department of Insurance and
7 Financial Services Department of Banking and Finance. The
8 department may deposit into the trust fund receipts and
9 revenues received as a result of federal criminal,
10 administrative, or civil forfeiture proceedings and receipts
11 and revenues received from federal asset-sharing programs. The
12 trust fund is exempt from the service charges imposed by s.
13 215.20.
14 Section 57. Effective January 7, 2003, section 18.01,
15 Florida Statutes, is amended to read:
16 18.01 Oath and certificate of Chief Financial Officer
17 Treasurer.--The Chief Financial Officer Treasurer shall,
18 within 10 days before he or she enters upon the duties of
19 office, take and subscribe an oath or affirmation faithfully
20 to discharge the duties of office, which oath or affirmation
21 must be deposited with the Department of State. The Chief
22 Financial Officer Treasurer shall also file with the
23 Department of State a certificate from the Comptroller
24 attesting that the retiring Chief Financial Officer Treasurer
25 has turned over vouchers for all payments made as required by
26 law, and that the Chief Financial Officer's Treasurer's
27 account has been truly credited with the same, and that he or
28 she has filed receipts from his or her successor for all
29 vouchers paid since the end of last quarter, and for balance
30 of cash, and for all bonds and other securities held by the
31 Chief Financial Officer Treasurer as such, and a certificate
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1 from each board of which he or she is made by law ex officio
2 treasurer, that he or she has satisfactorily accounted to such
3 board as its treasurer.
4 Section 58. Effective January 7, 2003, section 18.02,
5 Florida Statutes, is amended to read:
6 18.02 Moneys paid on warrants.--The Chief Financial
7 Officer Treasurer shall pay all warrants on the treasury drawn
8 by the Chief Financial Officer Comptroller and other orders by
9 the Chief Financial Officer Comptroller for the disbursement
10 of state funds by electronic means or by means of a magnetic
11 tape or any other transfer medium. No moneys shall be paid
12 out of the treasury except on such warrants or other orders of
13 the Chief Financial Officer Comptroller.
14 Section 59. Effective January 7, 2003, section 18.021,
15 Florida Statutes, is amended to read:
16 18.021 Treasurer to operate Personal check-cashing
17 service.--
18 (1) The Chief Financial Officer Treasurer is
19 authorized to operate a personal check-cashing service or a
20 remote financial service unit at the capitol for the benefit
21 of state employees or other responsible persons who properly
22 identify themselves.
23 (2) If a personal check is dishonored or a state
24 warrant is forged and the Chief Financial Officer Treasurer
25 has made diligent but unsuccessful effort to collect and has
26 forwarded the returned check for prosecution by the
27 appropriate state attorney, then he or she may include such
28 amount in his or her budget request to be considered during
29 the next legislative session.
30 Section 60. Effective January 7, 2003, section 18.05,
31 Florida Statutes, is amended to read:
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1 18.05 Annual report to Governor.--The Chief Financial
2 Officer Treasurer shall make a report in detail to the
3 Governor as soon after the 1st day of July of each year as it
4 is practicable to prepare same of the transactions of his or
5 her office for the preceding fiscal year, embracing a
6 statement of the receipts and payments on account of each of
7 the several funds of which he or she has the care and custody.
8 Section 61. Effective January 7, 2003, section 18.06,
9 Florida Statutes, is amended to read:
10 18.06 Examination by and monthly statements to the
11 Governor.--The office of the Treasurer of this state, and the
12 books, files, documents, records, and papers thereof, shall
13 always be subject to the examination of the Governor of the
14 state, or any person he or she may authorize to examine same.
15 The Chief Financial Officer Treasurer shall exhibit to the
16 Governor monthly a trial balance sheet from his or her books
17 and a statement of all the credits, moneys, or effects on hand
18 on the day for which said trial balance sheet is made, and
19 said statement accompanying said trial balance sheet shall
20 particularly describe the exact character of funds, credits,
21 and securities, and shall state in detail the amount which he
22 or she may have representing cash, including any not yet
23 entered upon the books of his or her office, and such
24 statement shall be certified and signed by the Chief Financial
25 Officer Treasurer officially.
26 Section 62. Effective January 7, 2003, section 18.07,
27 Florida Statutes, is amended to read:
28 18.07 Treasurer to keep Record of warrants and of
29 state funds and securities.--The Chief Financial Officer
30 Treasurer shall keep a record of the warrants or other orders
31
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1 paid from the Treasury of the Comptroller which the Treasurer
2 pays and shall account for all state funds and securities.
3 Section 63. Effective January 7, 2003, section 18.09,
4 Florida Statutes, is amended to read:
5 18.09 Delivery to Legislature.--The Chief Financial
6 Officer Treasurer shall deliver to the Legislature each year a
7 copy of the annual report described in s. 18.05.
8 Section 64. Effective January 7, 2003, section 18.091,
9 Florida Statutes, is amended to read:
10 18.091 Legislative sessions; additional employees.--
11 (1) Hereafter during any period of time the
12 Legislature of Florida may be in actual session, the Chief
13 Financial Officer Treasurer is empowered to employ additional
14 persons to assist in performing the services required of the
15 Chief Financial Officer Treasurer in connection with s.
16 18.021(1). The salaries to be paid such employees of the Chief
17 Financial Officer Treasurer shall not be in excess of the
18 highest salary paid by the House of Representatives or the
19 state Senate for secretarial services; and the salaries for
20 said employees shall begin with the convening of the
21 Legislature in session and shall continue for not more than 7
22 days after the close of the legislative session; provided,
23 that recesses of the Legislature not in excess of 3 days shall
24 be considered as time during which the Legislature is actually
25 in session.
26 (2) In addition to the regular annual appropriations
27 for the Chief Financial Officer Treasurer, there is hereby
28 appropriated for use of the Chief Financial Officer Treasurer
29 from the General Revenue Fund, from time to time as necessary,
30 sufficient sums to pay the salaries of the above-described
31 employees of the Chief Financial Officer Treasurer.
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1 Section 65. Effective January 7, 2003, subsections
2 (1), (2), and (6) of section 18.10, Florida Statutes, are
3 amended to read:
4 18.10 Deposits and investments of state money.--
5 (1) The Chief Financial Officer Treasurer, or other
6 parties with the permission of the Chief Financial Officer
7 Treasurer, shall deposit the money of the state or any money
8 in the State Treasury in such qualified public depositories of
9 the state as will offer satisfactory collateral security for
10 such deposits, pursuant to chapter 280. It is the duty of the
11 Chief Financial Officer Treasurer, consistent with the cash
12 requirements of the state, to keep such money fully invested
13 or deposited as provided herein in order that the state may
14 realize maximum earnings and benefits.
15 (2) The Chief Financial Officer Treasurer shall make
16 funds available to meet the disbursement needs of the state.
17 Funds which are not needed for this purpose shall be placed in
18 qualified public depositories that will pay rates established
19 by the Chief Financial Officer Treasurer at levels not less
20 than the prevailing rate for United States Treasury securities
21 with a corresponding maturity. In the event money is available
22 for interest-bearing time deposits or savings accounts as
23 provided herein and qualified public depositories are
24 unwilling to accept such money and pay thereon the rates
25 established above, then such money which qualified public
26 depositories are unwilling to accept shall be invested in:
27 (a) Direct United States Treasury obligations.
28 (b) Obligations of the Federal Farm Credit Banks.
29 (c) Obligations of the Federal Home Loan Bank and its
30 district banks.
31
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1 (d) Obligations of the Federal Home Loan Mortgage
2 Corporation, including participation certificates.
3 (e) Obligations guaranteed by the Government National
4 Mortgage Association.
5 (f) Obligations of the Federal National Mortgage
6 Association.
7 (g) Commercial paper of prime quality of the highest
8 letter and numerical rating as provided for by at least one
9 nationally recognized rating service.
10 (h) Time drafts or bills of exchange drawn on and
11 accepted by a commercial bank, otherwise known as "bankers
12 acceptances," which are accepted by a member bank of the
13 Federal Reserve System having total deposits of not less than
14 $400 million or which are accepted by a commercial bank which
15 is not a member of the Federal Reserve System with deposits of
16 not less than $400 million and which is licensed by a state
17 government or the Federal Government, and whose senior debt
18 issues are rated in one of the two highest rating categories
19 by a nationally recognized rating service and which are held
20 in custody by a domestic bank which is a member of the Federal
21 Reserve System.
22 (i) Corporate obligations or corporate master notes of
23 any corporation within the United States, if the long-term
24 obligations of such corporation are rated by at least two
25 nationally recognized rating services in any one of the four
26 highest classifications. However, if such obligations are
27 rated by only one nationally recognized rating service, then
28 the obligations shall be rated in any one of the two highest
29 classifications.
30 (j) Obligations of the Student Loan Marketing
31 Association.
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1 (k) Obligations of the Resolution Funding Corporation.
2 (l) Asset-backed or mortgage-backed securities of the
3 highest credit quality.
4 (m) Any obligations not previously listed which are
5 guaranteed as to principal and interest by the full faith and
6 credit of the United States Government or are obligations of
7 United States agencies or instrumentalities which are rated in
8 the highest category by a nationally recognized rating
9 service.
10 (n) Commingled no-load investment funds or no-load
11 mutual funds in which all securities held by the funds are
12 authorized in this subsection.
13 (o) Money market mutual funds as defined and regulated
14 by the Securities and Exchange Commission.
15 (p) Obligations of state and local governments rated
16 in any of the four highest classifications by at least two
17 nationally recognized rating services. However, if such
18 obligations are rated by only one nationally recognized rating
19 service, then the obligations shall be rated in any one of the
20 two highest classifications.
21 (q) Derivatives of investment instruments authorized
22 in paragraphs (a)-(m).
23 (r) Covered put and call options on investment
24 instruments authorized in this subsection for the purpose of
25 hedging transactions by investment managers to mitigate risk
26 or to facilitate portfolio management.
27 (s) Negotiable certificates of deposit issued by
28 financial institutions whose long-term debt is rated in one of
29 the three highest categories by at least two nationally
30 recognized rating services, the investment in which shall not
31 be prohibited by any provision of chapter 280.
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1 (t) Foreign bonds denominated in United States dollars
2 and registered with the Securities and Exchange Commission for
3 sale in the United States, if the long-term obligations of
4 such issuers are rated by at least two nationally recognized
5 rating services in any one of the four highest
6 classifications. However, if such obligations are rated by
7 only one nationally recognized rating service, the obligations
8 shall be rated in any one of the two highest classifications.
9 (u) Convertible debt obligations of any corporation
10 domiciled within the United States, if the convertible debt
11 issue is rated by at least two nationally recognized rating
12 services in any one of the four highest classifications.
13 However, if such obligations are rated by only one nationally
14 recognized rating service, then the obligations shall be rated
15 in any one of the two highest classifications.
16 (v) Securities not otherwise described in this
17 subsection. However, not more than 3 percent of the funds
18 under the control of the Chief Financial Officer Treasurer
19 shall be invested in securities described in this paragraph.
20
21 These investments may be in varying maturities and may be in
22 book-entry form. Investments made pursuant to this subsection
23 may be under repurchase agreement. The Chief Financial Officer
24 Treasurer is authorized to hire registered investment advisers
25 and other consultants to assist in investment management and
26 to pay fees directly from investment earnings. Investment
27 securities, proprietary investment services related to
28 contracts, performance evaluation services, investment-related
29 equipment or software used directly to assist investment
30 trading or investment accounting operations including bond
31 calculators, telerates, Bloombergs, special program
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1 calculators, intercom systems, and software used in
2 accounting, communications, and trading, and advisory and
3 consulting contracts made under this section are exempt from
4 the provisions of chapter 287.
5 (6) The Chief Financial Officer Treasurer is
6 designated the cash management officer for the state and is
7 charged with the coordination and supervision of procedures
8 providing for the efficient handling of financial assets under
9 the control of the State Treasury and each of the various
10 state agencies, and of the judicial branch, as defined in s.
11 216.011. This responsibility shall include the supervision
12 and approval of all banking relationships. Pursuant to this
13 responsibility, the Chief Financial Officer Treasurer is
14 authorized to obtain information from financial institutions
15 regarding depository accounts maintained by any agency or
16 institution of the State of Florida.
17 Section 66. Effective January 7, 2003, section 18.101,
18 Florida Statutes, is amended to read:
19 18.101 Deposits of public money outside the State
20 Treasury; revolving funds.--
21 (1) All moneys collected by state agencies, boards,
22 bureaus, commissions, institutions, and departments shall,
23 except as otherwise provided by law, be deposited in the State
24 Treasury. However, when the volume and complexity of
25 collections so justify, the Chief Financial Officer Treasurer
26 may give written approval for such moneys to be deposited in
27 clearing accounts outside the State Treasury in qualified
28 public depositories pursuant to chapter 280. Such deposits
29 shall only be made in depositories designated by the Chief
30 Financial Officer Treasurer. No money may be maintained in
31 such clearing accounts for a period longer than approved by
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1 the Chief Financial Officer Treasurer or 40 days, whichever is
2 shorter, prior to its being transmitted to the Chief Financial
3 Officer Treasurer or to an account designated by him or her,
4 distributed to a statutorily authorized account outside the
5 State Treasury, refunded, or transmitted to the Department of
6 Revenue. All depositories so designated shall pledge
7 sufficient collateral to be security for such funds as
8 provided in chapter 280.
9 (2) Revolving funds authorized by the Chief Financial
10 Officer Comptroller for all state agencies, boards, bureaus,
11 commissions, institutions, and departments may be deposited by
12 such agencies, boards, bureaus, commissions, institutions, and
13 departments in qualified public depositories designated by the
14 Chief Financial Officer Treasurer for such revolving fund
15 deposits; and the depositories in which such deposits are made
16 shall pledge collateral security as provided in chapter 280.
17 (3) Notwithstanding the foregoing provisions, clearing
18 and revolving accounts may be established outside the state
19 when necessary to facilitate the authorized operations of any
20 agency, board, bureau, commission, institution, or department.
21 Any of such accounts established in the United States shall be
22 subject to the collateral security requirements of chapter
23 280. Accounts established outside the United States may be
24 exempted from the requirements of chapter 280 as provided in
25 chapter 280; but before any unsecured account is established,
26 the agency requesting or maintaining the account shall
27 recommend a financial institution to the Chief Financial
28 Officer Treasurer for designation to hold the account and
29 shall submit evidence of the financial condition, size,
30 reputation, and relative prominence of the institution from
31 which the Chief Financial Officer Treasurer can reasonably
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1 conclude that the institution is financially sound before
2 designating it to hold the account.
3 (4) Each department shall furnish a statement to the
4 Chief Financial Officer Treasurer, on or before the 20th of
5 the month following the end of each calendar quarter, listing
6 each clearing account and revolving fund within that
7 department's jurisdiction. Such statement shall report, as of
8 the last day of the calendar quarter, the cash balance in each
9 revolving fund and that portion of the cash balance in each
10 clearing account that will eventually be deposited to the
11 State Treasury as provided by law. The Chief Financial
12 Officer Treasurer shall show the sum total of state funds in
13 clearing accounts and revolving funds, as most recently
14 reported to the Chief Financial Officer Treasurer by various
15 departments, in his or her monthly statement to the Governor,
16 pursuant to s. 18.06.
17 Section 67. Effective January 7, 2003, section 18.103,
18 Florida Statutes, is amended to read:
19 18.103 Safekeeping services of Treasurer.--
20 (1) The Chief Financial Officer Treasurer may accept
21 for safekeeping purposes, deposits of cash, securities, and
22 other documents or articles of value from any state agency as
23 defined in s. 216.011, or any county, city, or political
24 subdivision thereof, or other public authority.
25 (2) The Chief Financial Officer Treasurer may, in his
26 or her discretion, establish a fee for processing, servicing,
27 and safekeeping deposits and other documents or articles of
28 value held in the Chief Financial Officer's Treasurer's vaults
29 as requested by the various entities or as provided for by
30 law. Such fee shall be equivalent to the fee charged by
31 financial institutions for processing, servicing, and
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1 safekeeping the same types of deposits and other documents or
2 articles of value.
3 (3) The Chief Financial Officer Treasurer shall
4 collect in advance, and persons so served shall pay to the
5 Chief Financial Officer Treasurer in advance, the
6 miscellaneous charges as follows:
7 (a) For copies of documents or records on file with
8 the Chief Financial Officer Treasurer, per page..........$.50.
9 (b) For each certificate of the Chief Financial
10 Officer Treasurer, certified or under the Chief Financial
11 Officer's Treasurer's seal, authenticating any document or
12 other instrument........................................$5.00.
13 (4) All fees collected for the services described in
14 this section shall be deposited in the Chief Financial
15 Officer's Treasurer's Administrative and Investment Trust
16 Fund.
17 Section 68. Effective January 7, 2003, section 18.125,
18 Florida Statutes, is amended to read:
19 18.125 Treasurer; powers and duties in the Investment
20 of certain funds.--
21 (1) The Chief Financial Officer Treasurer, acting with
22 the approval of a majority of the State Board of
23 Administration, shall invest all general revenue funds and all
24 the trust funds and all agency funds of each state agency, and
25 of the judicial branch, as defined in s. 216.011, and may,
26 upon request, invest funds of any statutorily created board,
27 association, or entity, except for the funds required to be
28 invested pursuant to ss. 215.44-215.53, by the procedure and
29 in the authorized securities prescribed in s. 18.10; for this
30 purpose, the Chief Financial Officer Treasurer shall be
31 authorized to open and maintain one or more demand and
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1 safekeeping accounts in any bank or savings association for
2 the investment and reinvestment and the purchase, sale, and
3 exchange of funds and securities in the accounts. Funds in
4 such accounts used solely for investments and reinvestments
5 shall be considered investment funds and not funds on deposit,
6 and such funds shall be exempt from the provisions of chapter
7 280. In addition, the securities or investments purchased or
8 held under the provisions of this section and s. 18.10 may be
9 loaned to securities dealers and banks and may be registered
10 by the Chief Financial Officer Treasurer in the name of a
11 third-party nominee in order to facilitate such loans,
12 provided the loan is collateralized by cash or United States
13 government securities having a market value of at least 100
14 percent of the market value of the securities loaned. The
15 Chief Financial Officer Treasurer shall keep a separate
16 account, designated by name and number, of each fund.
17 Individual transactions and totals of all investments, or the
18 share belonging to each fund, shall be recorded in the
19 accounts.
20 (2) By and with the consent and approval of any
21 constitutional board, the judicial branch, or agency now
22 having the constitutional power to make investments and in
23 accordance with this section, the Chief Financial Officer
24 Treasurer shall have the power to make purchases, sales,
25 exchanges, investments, and reinvestments for and on behalf of
26 any such board.
27 (3)(a) It is the duty of each state agency, and of the
28 judicial branch, now or hereafter charged with the
29 administration of the funds referred to in subsection (1) to
30 make such moneys available for investment as fully as is
31 consistent with the cash requirements of the particular fund
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1 and to authorize investment of such moneys by the Chief
2 Financial Officer Treasurer.
3 (b) Monthly, and more often as circumstances require,
4 such agency or judicial branch shall notify the Chief
5 Financial Officer Treasurer of the amount available for
6 investment; and the moneys shall be invested by the Chief
7 Financial Officer Treasurer. Such notification shall include
8 the name and number of the fund for which the investments are
9 to be made and the life of the investment if the principal sum
10 is to be required for meeting obligations. This subsection,
11 however, shall not be construed to make available for
12 investment any funds other than those referred to in
13 subsection (1).
14 (4)(a) There is hereby created in the State Treasury
15 the Chief Financial Officer's Treasurer's Administrative and
16 Investment Trust Fund.
17 (b) The Chief Financial Officer Treasurer shall make
18 an annual assessment of 0.12 percent against the average daily
19 balance of those moneys made available pursuant to this
20 section and 0.2 percent against the average daily balance of
21 those funds requiring investment in a separate account. The
22 proceeds of this assessment shall be deposited in the Chief
23 Financial Officer's Treasurer's Administrative and Investment
24 Trust Fund.
25 (c) The moneys so received and deposited in the fund
26 shall be used by the Chief Financial Officer Treasurer to
27 defray the expense of his or her office in the discharge of
28 the administrative and investment powers and duties prescribed
29 by this section and this chapter, including the maintaining of
30 an office and necessary supplies therefor, essential equipment
31 and other materials, salaries and expenses of required
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1 personnel, and all other legitimate expenses relating to the
2 administrative and investment powers and duties imposed upon
3 and charged to the Chief Financial Officer Treasurer under
4 this section and this chapter. The unencumbered balance in the
5 trust fund at the close of each quarter shall not exceed
6 $750,000. Any funds in excess of this amount shall be
7 transferred unallocated to the General Revenue Fund. However,
8 fees received from deferred compensation participants pursuant
9 to s. 112.215 shall not be transferred to the General Revenue
10 Fund and shall be used to operate the deferred compensation
11 program.
12 (5) The transfer of the powers, duties, and
13 responsibilities of existing state agencies and of the
14 judicial branch made by this section to the Chief Financial
15 Officer Treasurer shall include only the particular powers,
16 duties, and responsibilities hereby transferred, and all other
17 existing powers shall in no way be affected by this section.
18 Section 69. Effective January 7, 2003, section 18.15,
19 Florida Statutes, is amended to read:
20 18.15 Interest on state moneys deposited; when
21 paid.--Interest on state moneys deposited in qualified public
22 depositories under s. 18.10 shall be payable to the Chief
23 Financial Officer Treasurer quarterly or semiannually.
24 Section 70. Effective January 7, 2003, section 18.17,
25 Florida Statutes, is amended to read:
26 18.17 Chief Financial Officer Treasurer not to issue
27 evidences of indebtedness.--It is not lawful for the Chief
28 Financial Officer Treasurer of this state to issue any
29 treasury certificates, or any other evidences of indebtedness,
30 for any purpose whatever, and the Chief Financial Officer
31 Treasurer is prohibited from issuing the same.
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1 Section 71. Effective January 7, 2003, subsections
2 (1), (2), and (3) of section 18.20, Florida Statutes, are
3 amended to read:
4 18.20 Treasurer to make Reproductions of certain
5 warrants, records, and documents.--
6 (1) All vouchers or checks heretofore or hereafter
7 drawn by appropriate court officials of the several counties
8 of the state against money deposited with the Chief Financial
9 Officer Treasurer under the provisions of s. 43.17, and paid
10 by the Chief Financial Officer Treasurer, may be photographed,
11 microphotographed, or reproduced on film by the Chief
12 Financial Officer Treasurer. Such photographic film shall be
13 durable material and the device used to so reproduce such
14 warrants, vouchers, or checks shall be one which accurately
15 reproduces the originals thereof in all detail; and such
16 photographs, microphotographs, or reproductions on film shall
17 be placed in conveniently accessible and identified files and
18 shall be preserved by the Chief Financial Officer Treasurer as
19 a part of the permanent records of office. When any such
20 warrants, vouchers, or checks have been so photographed,
21 microphotographed, or reproduced on film, and the photographs,
22 microphotographs, or reproductions on film thereof have been
23 placed in files as a part of the permanent records of the
24 office of the Chief Financial Officer Treasurer as aforesaid,
25 the Chief Financial Officer Treasurer is authorized to return
26 such warrants, vouchers, or checks to the offices of the
27 respective county officials who drew the same and such
28 warrants, vouchers, or checks shall be retained and preserved
29 in such offices to which returned as a part of the permanent
30 records of such offices.
31
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1 (2) Such photographs, microphotographs, or
2 reproductions on film of said warrants, vouchers, or checks
3 shall be deemed to be original records for all purposes; and
4 any copy or reproduction thereof made from such original film,
5 duly certified by the Chief Financial Officer Treasurer as a
6 true and correct copy or reproduction made from such film,
7 shall be deemed to be a transcript, exemplification or
8 certified copy of the original warrant, voucher, or check such
9 copy represents, and shall in all cases and in all courts and
10 places be admitted and received in evidence with the like
11 force and effect as the original thereof might be.
12 (3) The Chief Financial Officer Treasurer is also
13 hereby authorized to photograph, microphotograph, or reproduce
14 on film, all records and documents of said office, as the
15 Chief Financial Officer Treasurer may, in his or her
16 discretion, select; and said Chief Financial Officer Treasurer
17 is hereby authorized to destroy any of the said documents or
18 records after they have been photographed and filed and after
19 audit of the Chief Financial Officer's Treasurer's office has
20 been completed for the period embracing the dates of said
21 documents and records.
22 Section 72. Effective January 7, 2003, section 18.23,
23 Florida Statutes, is amended to read:
24 18.23 Treasurer to prescribe Forms.--The Chief
25 Financial Officer Treasurer may prescribe the forms, and the
26 manner of keeping the same, for all receipts, credit advices,
27 abstracts, reports, and other papers furnished the Chief
28 Financial Officer Treasurer by the officers of this state or
29 other persons or entities as a result of their having, or
30 depositing, state moneys.
31
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1 Section 73. Effective January 7, 2003, subsection (2)
2 of section 18.24, Florida Statutes, is amended to read:
3 18.24 Securities in book-entry form.--Any security
4 which:
5 (2)(a) Is held in the name of the State Treasurer or
6 in the name of the State Insurance Commissioner; or
7 (b) Is pledged to the State Treasurer or to the State
8 Insurance Commissioner; or
9 (c) Is pledged to the Chief Financial Officer;
10
11 under any state law for any purpose whatsoever, may be held in
12 book-entry form on the books of the Federal Reserve Book-Entry
13 System or on deposit in a depository trust clearing system.
14 Section 74. Effective January 7, 2003, subsection (3)
15 of section 20.04, Florida Statutes, is amended to read:
16 20.04 Structure of executive branch.--The executive
17 branch of state government is structured as follows:
18 (3) For their internal structure, all departments,
19 except for the Department of Insurance and Financial Services
20 Banking and Finance, the Department of Children and Family
21 Services, the Department of Corrections, the Department of
22 Management Services, the Department of Revenue, and the
23 Department of Transportation, must adhere to the following
24 standard terms:
25 (a) The principal unit of the department is the
26 "division." Each division is headed by a "director."
27 (b) The principal unit of the division is the
28 "bureau." Each bureau is headed by a "chief."
29 (c) The principal unit of the bureau is the "section."
30 Each section is headed by an "administrator."
31
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1 (d) If further subdivision is necessary, sections may
2 be divided into "subsections," which are headed by
3 "supervisors."
4 Section 75. Effective January 7, 2003, paragraph (h)
5 of subsection (5) of section 20.055, Florida Statutes, is
6 amended to read:
7 20.055 Agency inspectors general.--
8 (5) In carrying out the auditing duties and
9 responsibilities of this act, each inspector general shall
10 review and evaluate internal controls necessary to ensure the
11 fiscal accountability of the state agency. The inspector
12 general shall conduct financial, compliance, electronic data
13 processing, and performance audits of the agency and prepare
14 audit reports of his or her findings. The scope and assignment
15 of the audits shall be determined by the inspector general;
16 however, the agency head may at any time direct the inspector
17 general to perform an audit of a special program, function, or
18 organizational unit. The performance of the audit shall be
19 under the direction of the inspector general, except that if
20 the inspector general does not possess the qualifications
21 specified in subsection (4), the director of auditing shall
22 perform the functions listed in this subsection.
23 (h) The inspector general shall develop long-term and
24 annual audit plans based on the findings of periodic risk
25 assessments. The plan, where appropriate, should include
26 postaudit samplings of payments and accounts. The plan shall
27 show the individual audits to be conducted during each year
28 and related resources to be devoted to the respective audits.
29 The Chief Financial Officer Comptroller, to assist in
30 fulfilling the responsibilities for examining, auditing, and
31 settling accounts, claims, and demands pursuant to s.
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1 17.03(1), and examining, auditing, adjusting, and settling
2 accounts pursuant to s. 17.04, may utilize audits performed by
3 the inspectors general and internal auditors. For state
4 agencies under the Governor, the audit plans shall be
5 submitted to the Governor's Chief Inspector General. The plan
6 shall be submitted to the agency head for approval. A copy of
7 the approved plan shall be submitted to the Auditor General.
8 Section 76. Effective January 7, 2003, section 20.195,
9 Florida Statutes, is amended to read:
10 20.195 Department of Children and Family Services
11 Tobacco Settlement Trust Fund.--
12 (1) The Department of Children and Family Services
13 Tobacco Settlement Trust Fund is created within that
14 department. Funds to be credited to the trust fund shall
15 consist of funds disbursed, by nonoperating transfer, from the
16 Chief Financial Officer's Department of Banking and Finance
17 Tobacco Settlement Clearing Trust Fund in amounts equal to the
18 annual appropriations made from this trust fund.
19 (2) Notwithstanding the provisions of s. 216.301 and
20 pursuant to s. 216.351, any unencumbered balance in the trust
21 fund at the end of any fiscal year and any encumbered balance
22 remaining undisbursed on December 31 of the same calendar year
23 shall revert to the Chief Financial Officer's Department of
24 Banking and Finance Tobacco Settlement Clearing Trust Fund.
25 Section 77. Effective January 7, 2003, section 20.425,
26 Florida Statutes, is amended to read:
27 20.425 Agency for Health Care Administration Tobacco
28 Settlement Trust Fund.--
29 (1) The Agency for Health Care Administration Tobacco
30 Settlement Trust Fund is created within the agency. Funds to
31 be credited to the trust fund shall consist of funds
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1 disbursed, by nonoperating transfer, from the Chief Financial
2 Officer's Department of Banking and Finance Tobacco Settlement
3 Clearing Trust Fund in amounts equal to the annual
4 appropriations made from this trust fund.
5 (2) Notwithstanding the provisions of s. 216.301 and
6 pursuant to s. 216.351, any unencumbered balance in the trust
7 fund at the end of any fiscal year and any encumbered balance
8 remaining undisbursed on December 31 of the same calendar year
9 shall revert to the Chief Financial Officer's Department of
10 Banking and Finance Tobacco Settlement Clearing Trust Fund.
11 Section 78. Effective January 7, 2003, paragraph (g)
12 of subsection (1) of section 20.435, Florida Statutes, is
13 amended to read:
14 20.435 Department of Health; trust funds.--
15 (1) The following trust funds are hereby created, to
16 be administered by the Department of Health:
17 (g) Department of Health Tobacco Settlement Trust
18 Fund.
19 1. Funds to be credited to the trust fund shall
20 consist of funds disbursed, by nonoperating transfer, from the
21 Chief Financial Officer's Department of Banking and Finance
22 Tobacco Settlement Clearing Trust Fund in amounts equal to the
23 annual appropriations made from this trust fund.
24 2. Notwithstanding the provisions of s. 216.301 and
25 pursuant to s. 216.351, any unencumbered balance in the trust
26 fund at the end of any fiscal year and any encumbered balance
27 remaining undisbursed on December 31 of the same calendar year
28 shall revert to the Chief Financial Officer's Department of
29 Banking and Finance Tobacco Settlement Clearing Trust Fund.
30 Section 79. Effective January 7, 2003, subsection (4)
31 of section 24.105, Florida Statutes, is amended to read:
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1 24.105 Powers and duties of department.--The
2 department shall:
3 (4) Submit monthly and annual reports to the Governor,
4 the Chief Financial Officer Treasurer, the President of the
5 Senate, and the Speaker of the House of Representatives
6 disclosing the total lottery revenues, prize disbursements,
7 and other expenses of the department during the preceding
8 month. The annual report shall additionally describe the
9 organizational structure of the department, including its
10 hierarchical structure, and shall identify the divisions and
11 bureaus created by the secretary and summarize the
12 departmental functions performed by each.
13 Section 80. Effective January 7, 2003, subsection (5)
14 of section 24.111, Florida Statutes, is amended to read:
15 24.111 Vendors; disclosure and contract
16 requirements.--
17 (5) Each vendor in a major procurement in excess of
18 $25,000, and any other vendor if the department deems it
19 necessary to protect the state's financial interest, shall, at
20 the time of executing the contract with the department, post
21 an appropriate bond with the department in an amount
22 determined by the department to be adequate to protect the
23 state's interests, but not higher than the full amount
24 estimated to be paid annually to the vendor under the
25 contract. In lieu of the bond, a vendor may, to assure the
26 faithful performance of its obligations, file with the
27 department an irrevocable letter of credit acceptable to the
28 department in an amount determined by the department to be
29 adequate to protect the state's interests or deposit and
30 maintain with the Chief Financial Officer Treasurer securities
31 that are interest bearing or accruing and that, with the
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1 exception of those specified in paragraphs (a) and (b), are
2 rated in one of the four highest classifications by an
3 established nationally recognized investment rating service.
4 Securities eligible under this subsection shall be limited to:
5 (a) Certificates of deposit issued by solvent banks or
6 savings associations organized and existing under the laws of
7 this state or under the laws of the United States and having
8 their principal place of business in this state.
9 (b) United States bonds, notes, and bills for which
10 the full faith and credit of the government of the United
11 States is pledged for the payment of principal and interest.
12 (c) General obligation bonds and notes of any
13 political subdivision of the state.
14 (d) Corporate bonds of any corporation that is not an
15 affiliate or subsidiary of the depositor.
16
17 Such securities shall be held in trust and shall have at all
18 times a market value at least equal to an amount determined by
19 the department to be adequate to protect the state's
20 interests, which amount shall not be set higher than the full
21 amount estimated to be paid annually to the vendor under
22 contract.
23 Section 81. Effective January 7, 2003, paragraph (b)
24 of subsection (9) of section 24.112, Florida Statutes, is
25 amended to read:
26 24.112 Retailers of lottery tickets.--
27 (9)
28 (b) In lieu of such bond, the department may purchase
29 blanket bonds covering all or selected retailers or may allow
30 a retailer to deposit and maintain with the Chief Financial
31 Officer Treasurer securities that are interest bearing or
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1 accruing and that, with the exception of those specified in
2 subparagraphs 1. and 2., are rated in one of the four highest
3 classifications by an established nationally recognized
4 investment rating service. Securities eligible under this
5 paragraph shall be limited to:
6 1. Certificates of deposit issued by solvent banks or
7 savings associations organized and existing under the laws of
8 this state or under the laws of the United States and having
9 their principal place of business in this state.
10 2. United States bonds, notes, and bills for which the
11 full faith and credit of the government of the United States
12 is pledged for the payment of principal and interest.
13 3. General obligation bonds and notes of any political
14 subdivision of the state.
15 4. Corporate bonds of any corporation that is not an
16 affiliate or subsidiary of the depositor.
17
18 Such securities shall be held in trust and shall have at all
19 times a market value at least equal to an amount required by
20 the department.
21 Section 82. Effective January 7, 2003, subsections (3)
22 and (4) of section 24.120, Florida Statutes, are amended to
23 read:
24 24.120 Financial matters; Administrative Trust Fund;
25 interagency cooperation.--
26 (3) Any action required by law to be taken by the
27 Chief Financial Officer State Treasurer or the Comptroller
28 shall be taken within 2 business days after the department's
29 request therefor. If the request for such action is not
30 approved or rejected within such period, the request shall be
31 deemed to be approved. The department shall reimburse the
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1 Chief Financial Officer State Treasurer or the Comptroller for
2 any additional costs involved in providing the level of
3 service required by this subsection.
4 (4) The department shall cooperate with the Chief
5 Financial Officer State Treasurer, the Comptroller, the
6 Auditor General, and the Office of Program Policy Analysis and
7 Government Accountability by giving employees designated by
8 any of them access to facilities of the department for the
9 purpose of efficient compliance with their respective
10 responsibilities.
11 Section 83. Effective January 7, 2003, subsection (5)
12 of section 25.241, Florida Statutes, is amended to read:
13 25.241 Clerk of Supreme Court; compensation;
14 assistants; filing fees, etc.--
15 (5) The Clerk of the Supreme Court is hereby required
16 to prepare a statement of all fees collected in duplicate each
17 month and remit one copy of said statement, together with all
18 fees collected by him or her, to the Chief Financial Officer
19 State Treasurer, who shall place the same to the credit of the
20 General Revenue Fund.
21 Section 84. Effective January 7, 2003, section 26.39,
22 Florida Statutes, is amended to read:
23 26.39 Penalty for nonattendance of judge.--Whenever
24 such default shall occur, the clerk of the court (unless such
25 judge shall file his or her reasons for such default as
26 hereinbefore provided) shall certify the fact, under his or
27 her official signature and seal, to the Chief Financial
28 Officer Comptroller of the state, who shall deduct from the
29 warrants on the Treasury Treasurer, thereafter to be issued in
30 favor of the judge making such default, the sum of $100 as
31 aforesaid for every such default.
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1 Section 85. Effective January 7, 2003, section 27.08,
2 Florida Statutes, is amended to read:
3 27.08 State claims; surrender of papers to
4 successor.--Upon the qualification of the successor of any
5 state attorney, the state attorney going out of office shall
6 deliver to his or her successor a statement of all cases for
7 the collection of money in favor of the state under his or her
8 control and the papers connected with the same, and take his
9 or her receipt for the same, which receipt, when filed with
10 the Chief Financial Officer Department of Banking and Finance,
11 shall release such state attorney from any further liability
12 to the state upon the claims receipted for; and the state
13 attorney receiving the claims shall be liable in all respects
14 for the same, as provided against state attorneys in s. 17.20.
15 Section 86. Effective January 7, 2003, section 27.10,
16 Florida Statutes, is amended to read:
17 27.10 Obligation as to claims; how discharged.--The
18 charges mentioned in s. 17.20 shall be evidence of
19 indebtedness on the part of any state attorney against whom
20 any charge is made for the full amount of such claim to the
21 state until the same shall be collected and paid into the
22 treasury or sued to insolvency, which fact of insolvency shall
23 be certified by the circuit judge of his or her circuit,
24 unless said state attorney shall make it fully appear to the
25 Chief Financial Officer Department of Banking and Finance that
26 the failure to collect the same did not result from his or her
27 neglect.
28 Section 87. Effective January 7, 2003, section 27.11,
29 Florida Statutes, is amended to read:
30 27.11 Report upon claims committed to state
31 attorney.--The state attorney shall make a report to the Chief
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1 Financial Officer Comptroller on the first Monday in January
2 and July in each and every year of the condition of all claims
3 placed in his or her hands or which the state attorney may
4 have been required to prosecute and collect, whether the same
5 is in suit or in judgment, or collected, and the probable
6 solvency or insolvency of claims not collected, and shall at
7 the same time pay over all moneys which he or she may have
8 collected belonging to the state; and the Chief Financial
9 Officer Comptroller shall not audit or allow any claim which
10 any state attorney may have against the state for services
11 until he or she makes the report herein required.
12 Section 88. Effective January 7, 2003, subsection (1)
13 of section 27.12, Florida Statutes, is amended to read:
14 27.12 Power to compromise.--
15 (1) The state attorney may, with the approval of the
16 Chief Financial Officer Department of Banking and Finance,
17 compromise and settle all judgments, claims, and demands in
18 favor of the state in his or her circuit against defaulting
19 collectors of revenue, sheriffs and other officers, and the
20 sureties on their bonds, on such terms as the state attorney
21 may deem equitable and proper.
22 Section 89. Effective January 7, 2003, section 27.13,
23 Florida Statutes, is amended to read:
24 27.13 Completion of compromise.--The state attorney
25 shall, on agreeing to any compromise or settlement, report the
26 same to the Chief Financial Officer Department of Banking and
27 Finance for his or her its approval; and, on the Chief
28 Financial Officer's its approving such compromise or
29 settlement, the said state attorney, on a compliance with the
30 terms of such compromise or settlement shall give a receipt to
31 the collector of revenue, sheriff or other officer, or the
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1 sureties on their bonds, or to the legal representatives,
2 which receipt shall be a discharge from all judgments, claims
3 or demands of the state against such collector of revenue or
4 other officer, or the sureties on their bonds.
5 Section 90. Effective January 7, 2003, subsections (1)
6 and (2), paragraph (d) of subsection (3), and subsections (4)
7 and (5) of section 27.3455, Florida Statutes, are amended to
8 read:
9 27.3455 Annual statement of certain revenues and
10 expenditures.--
11 (1) Each county shall submit annually to the Chief
12 Financial Officer Comptroller a statement of revenues and
13 expenditures as set forth in this section in the form and
14 manner prescribed by the Chief Financial Officer Comptroller
15 in consultation with the Legislative Committee on
16 Intergovernmental Relations, provided that such statement
17 identify total county expenditures on:
18 (a) Medical examiner services.
19 (b) County victim witness programs.
20 (c) Each of the services outlined in ss. 27.34(2) and
21 27.54(3).
22 (d) Appellate filing fees in criminal cases in which
23 an indigent defendant appeals a judgment of a county or
24 circuit court to a district court of appeal or the Florida
25 Supreme Court.
26 (e) Other court-related costs of the state attorney
27 and public defender that were paid by the county where such
28 costs were included in a judgment or order rendered by the
29 trial court against the county.
30
31
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1 Such statement also shall identify the revenues provided by s.
2 938.05(1) that were used to meet or reimburse the county for
3 such expenditures.
4 (2)(a) Within 6 months of the close of the local
5 government fiscal year, each county shall submit to the Chief
6 Financial Officer Comptroller a statement of compliance from
7 its independent certified public accountant, engaged pursuant
8 to s. 218.39, that the certified statement of expenditures was
9 in accordance with ss. 27.34(2), 27.54(3), and this section.
10 All discrepancies noted by the independent certified public
11 accountant shall be included in the statement furnished by the
12 county to the Chief Financial Officer Comptroller.
13 (b) Should the Chief Financial Officer Comptroller
14 determine that additional auditing procedures are appropriate
15 because:
16 1. The county failed to submit timely its annual
17 statement;
18 2. Discrepancies were noted by the independent
19 certified public accountant; or
20 3. The county failed to file before March 31 of each
21 year the certified public accountant statement of compliance,
22 the Chief Financial Officer Comptroller is hereby authorized
23 to send his or her personnel or to contract for services to
24 bring the county into compliance. The costs incurred by the
25 Chief Financial Officer Comptroller shall be paid promptly by
26 the county upon certification by the Chief Financial Officer
27 Comptroller.
28 (c) Where the Chief Financial Officer Comptroller
29 elects to utilize the services of an independent contractor,
30 such certification by the Chief Financial Officer Comptroller
31 may require the county to make direct payment to a contractor.
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1 Any funds owed by a county in such matters shall be recovered
2 pursuant to s. 17.04 or s. 17.041.
3 (3) The priority for the allocation of funds collected
4 pursuant to s. 938.05(1) shall be as follows:
5 (d) At the close of the local government fiscal year,
6 funds remaining in the special trust fund after reimbursements
7 have been made pursuant to paragraphs (a), (b), and (c) shall
8 be used to reimburse the county for county costs incurred in
9 the provision of office space, utilities, and custodial
10 services to the state attorney and public defender, for county
11 expenditures on appellate filing fees in criminal cases in
12 which an indigent defendant appeals a judgment of a county or
13 circuit court to a district court of appeal or the Florida
14 Supreme Court, and for county expenditures on court-related
15 costs of the state attorney and public defender that were paid
16 by the county, provided that such court-related costs were
17 included in a judgment or order rendered by the trial court
18 against the county. Where a state attorney or a public
19 defender is provided space in a county-owned facility,
20 responsibility for calculating county costs associated with
21 the provision of such office space, utilities, and custodial
22 services is hereby vested in the Chief Financial Officer
23 Comptroller in consultation with the Legislative Committee on
24 Intergovernmental Relations.
25 (4) At the end of the local government fiscal year,
26 all funds remaining on deposit in the special trust fund after
27 all reimbursements have been made as provided for in
28 subsection (3) shall be forwarded to the Chief Financial
29 Officer Treasurer for deposit in the General Revenue Fund of
30 the state.
31
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1 (5) The Chief Financial Officer Comptroller shall
2 adopt any rules necessary to implement his or her
3 responsibilities pursuant to this section.
4 Section 91. Effective January 7, 2003, subsection (2)
5 of section 27.703, Florida Statutes, is amended to read:
6 27.703 Conflict of interest and substitute counsel.--
7 (2) Appointed counsel shall be paid from funds
8 appropriated to the Chief Financial Officer Comptroller. The
9 hourly rate may not exceed $100. However, effective July 1,
10 1999, all appointments of private counsel under this section
11 shall be in accordance with ss. 27.710 and 27.711.
12 Section 92. Effective January 7, 2003, subsection (4)
13 of section 27.710, Florida Statutes, is amended to read:
14 27.710 Registry of attorneys applying to represent
15 persons in postconviction capital collateral proceedings;
16 certification of minimum requirements; appointment by trial
17 court.--
18 (4) Each private attorney who is appointed by the
19 court to represent a capital defendant must enter into a
20 contract with the Chief Financial Officer Comptroller. If the
21 appointed attorney fails to execute the contract within 30
22 days after the date the contract is mailed to the attorney,
23 the executive director of the Commission on Capital Cases
24 shall notify the trial court. The Chief Financial Officer
25 Comptroller shall develop the form of the contract, function
26 as contract manager, and enforce performance of the terms and
27 conditions of the contract. By signing such contract, the
28 attorney certifies that he or she intends to continue the
29 representation under the terms and conditions set forth in the
30 contract until the sentence is reversed, reduced, or carried
31 out or until released by order of the trial court.
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1 Section 93. Effective January 7, 2003, subsections
2 (3), (4), (5), (6), (7), (12), and (13) of section 27.711,
3 Florida Statutes, are amended to read:
4 27.711 Terms and conditions of appointment of
5 attorneys as counsel in postconviction capital collateral
6 proceedings.--
7 (3) An attorney appointed to represent a capital
8 defendant is entitled to payment of the fees set forth in this
9 section only upon full performance by the attorney of the
10 duties specified in this section and approval of payment by
11 the trial court, and the submission of a payment request by
12 the attorney, subject to the availability of sufficient
13 funding specifically appropriated for this purpose. The Chief
14 Financial Officer Comptroller shall notify the executive
15 director and the court if it appears that sufficient funding
16 has not been specifically appropriated for this purpose to pay
17 any fees which may be incurred. The attorney shall maintain
18 appropriate documentation, including a current and detailed
19 hourly accounting of time spent representing the capital
20 defendant. The fee and payment schedule in this section is the
21 exclusive means of compensating a court-appointed attorney who
22 represents a capital defendant. When appropriate, a
23 court-appointed attorney must seek further compensation from
24 the Federal Government, as provided in 18 U.S.C. s. 3006A or
25 other federal law, in habeas corpus litigation in the federal
26 courts.
27 (4) Upon approval by the trial court, an attorney
28 appointed to represent a capital defendant under s. 27.710 is
29 entitled to payment of the following fees by the Chief
30 Financial Officer Comptroller:
31
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1 (a) Regardless of the stage of postconviction capital
2 collateral proceedings, the attorney is entitled to $100 per
3 hour, up to a maximum of $2,500, after accepting appointment
4 and filing a notice of appearance.
5 (b) The attorney is entitled to $100 per hour, up to a
6 maximum of $20,000, after timely filing in the trial court the
7 capital defendant's complete original motion for
8 postconviction relief under the Florida Rules of Criminal
9 Procedure. The motion must raise all issues to be addressed by
10 the trial court. However, an attorney is entitled to fees
11 under this paragraph if the court schedules a hearing on a
12 matter that makes the filing of the original motion for
13 postconviction relief unnecessary or if the court otherwise
14 disposes of the case.
15 (c) The attorney is entitled to $100 per hour, up to a
16 maximum of $20,000, after the trial court issues a final order
17 granting or denying the capital defendant's motion for
18 postconviction relief.
19 (d) The attorney is entitled to $100 per hour, up to a
20 maximum of $20,000, after timely filing in the Supreme Court
21 the capital defendant's brief or briefs that address the trial
22 court's final order granting or denying the capital
23 defendant's motion for postconviction relief and the state
24 petition for writ of habeas corpus.
25 (e) The attorney is entitled to $100 per hour, up to a
26 maximum of $10,000, after the trial court issues an order,
27 pursuant to a remand from the Supreme Court, which directs the
28 trial court to hold further proceedings on the capital
29 defendant's motion for postconviction relief.
30 (f) The attorney is entitled to $100 per hour, up to a
31 maximum of $4,000, after the appeal of the trial court's
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1 denial of the capital defendant's motion for postconviction
2 relief and the capital defendant's state petition for writ of
3 habeas corpus become final in the Supreme Court.
4 (g) At the conclusion of the capital defendant's
5 postconviction capital collateral proceedings in state court,
6 the attorney is entitled to $100 per hour, up to a maximum of
7 $2,500, after filing a petition for writ of certiorari in the
8 Supreme Court of the United States.
9 (h) If, at any time, the Supreme Court of the United
10 States accepts for review the capital defendant's collateral
11 challenge of the conviction and sentence of death, the
12 attorney is entitled to $100 per hour, up to a maximum of
13 $5,000. This payment shall be full compensation for
14 representing the capital defendant throughout the certiorari
15 proceedings before the United States Supreme Court.
16
17 The hours billed by a contracting attorney under this
18 subsection may include time devoted to representation of the
19 defendant by another attorney who is qualified under s. 27.710
20 and who has been designated by the contracting attorney to
21 assist him or her.
22 (5) An attorney who represents a capital defendant may
23 use the services of one or more investigators to assist in
24 representing a capital defendant. Upon approval by the trial
25 court, the attorney is entitled to payment from the Chief
26 Financial Officer Comptroller of $40 per hour, up to a maximum
27 of $15,000, for the purpose of paying for investigative
28 services.
29 (6) An attorney who represents a capital defendant is
30 entitled to a maximum of $15,000 for miscellaneous expenses,
31 such as the costs of preparing transcripts, compensating
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1 expert witnesses, and copying documents. Upon approval by the
2 trial court, the attorney is entitled to payment by the Chief
3 Financial Officer Comptroller of up to $15,000 for
4 miscellaneous expenses, except that, if the trial court finds
5 that extraordinary circumstances exist, the attorney is
6 entitled to payment in excess of $15,000.
7 (7) An attorney who is actively representing a capital
8 defendant is entitled to a maximum of $500 per fiscal year for
9 tuition and expenses for continuing legal education that
10 pertains to the representation of capital defendants. Upon
11 approval by the trial court, the attorney is entitled to
12 payment by the Chief Financial Officer Comptroller for
13 expenses for such tuition and continuing legal education.
14 (12) The court shall monitor the performance of
15 assigned counsel to ensure that the capital defendant is
16 receiving quality representation. The court shall also receive
17 and evaluate allegations that are made regarding the
18 performance of assigned counsel. The Chief Financial Officer
19 Comptroller, the Department of Legal Affairs, the executive
20 director, or any interested person may advise the court of any
21 circumstance that could affect the quality of representation,
22 including, but not limited to, false or fraudulent billing,
23 misconduct, failure to meet continuing legal education
24 requirements, solicitation to receive compensation from the
25 capital defendant, or failure to file appropriate motions in a
26 timely manner.
27 (13) Prior to the filing of a motion for order
28 approving payment of attorney's fees, costs, or related
29 expenses, the assigned counsel shall deliver a copy of his
30 intended billing, together with supporting affidavits and all
31 other necessary documentation, to the Chief Financial
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1 Officer's Comptroller's named contract manager. The contract
2 manager shall have 10 business days from receipt to review the
3 billings, affidavit, and documentation for completeness and
4 compliance with contractual and statutory requirements. If the
5 contract manager objects to any portion of the proposed
6 billing, the objection and reasons therefor shall be
7 communicated to the assigned counsel. The assigned counsel may
8 thereafter file his or her motion for order approving payment
9 of attorney's fees, costs, or related expenses together with
10 supporting affidavits and all other necessary documentation.
11 The motion must specify whether the Chief Financial Officer's
12 Comptroller's contract manager objects to any portion of the
13 billing or the sufficiency of documentation and, if so, the
14 reason therefor. A copy of the motion and attachments shall be
15 served on the Chief Financial Officer's Comptroller's contract
16 manager, who shall have standing to file pleadings and appear
17 before the court to contest any motion for order approving
18 payment. The fact that the Chief Financial Officer's
19 Comptroller's contract manager has not objected to any portion
20 of the billing or to the sufficiency of the documentation is
21 not binding on the court, which retains primary authority and
22 responsibility for determining the reasonableness of all
23 billings for fees, costs, and related expenses, subject to
24 statutory limitations.
25 Section 94. Effective January 7, 2003, section 28.235,
26 Florida Statutes, is amended to read:
27 28.235 Advance payments by clerk of circuit
28 court.--The clerk of the circuit court is authorized to make
29 advance payments on behalf of the county for goods and
30 services, including, but not limited to, maintenance
31 agreements and subscriptions, pursuant to rules or procedures
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1 adopted by the Chief Financial Officer Comptroller for advance
2 payments of invoices submitted to agencies of the state.
3 Section 95. Effective January 7, 2003, subsections (7)
4 and (23) of section 28.24, Florida Statutes, are amended to
5 read:
6 28.24 Service charges by clerk of the circuit
7 court.--The clerk of the circuit court shall make the
8 following charges for services rendered by the clerk's office
9 in recording documents and instruments and in performing the
10 duties enumerated. However, in those counties where the
11 clerk's office operates as a fiscal unit of the county
12 pursuant to s. 145.022(1), the clerk shall not charge the
13 county for such services.
14
15 Charges
16
17 (7) For making and reporting payrolls of jurors to
18 Chief Financial Officer State Comptroller, per page, per copy
19 ..........................................................5.00
20 (23) For paying of witnesses and making and reporting
21 payroll to Chief Financial Officer State Comptroller, per
22 copy, per page............................................5.00
23 Section 96. Effective January 7, 2003, section 30.52,
24 Florida Statutes, is amended to read:
25 30.52 Handling of public funds.--The sheriff shall
26 keep public funds in his or her custody, either in his or her
27 office in an amount not in excess of the burglary, theft, and
28 robbery insurance provided, the cost of which is hereby
29 authorized as an expense of the office, or in a depository in
30 an amount not in excess of the security provided pursuant to
31 s. 658.60 and the regulations of the Chief Financial Officer
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1 Department of Banking and Finance. The title of the
2 depository accounts shall include the word "sheriff" and the
3 name of the county, and withdrawals from the accounts shall be
4 made by checks signed by the duly qualified and acting sheriff
5 of the county, or his or her designated deputy or agent.
6 Section 97. Effective January 7, 2003, section 40.30,
7 Florida Statutes, is amended to read:
8 40.30 Requisition endorsed by State Courts
9 Administrator or designee.--Upon receipt of such estimate and
10 the requisition from the clerk of the court, the State Courts
11 Administrator or designee shall endorse the amount that he or
12 she may deem necessary for the pay of jurors and witnesses
13 during the quarterly fiscal period and shall submit a request
14 for payment to the Chief Financial Officer Comptroller.
15 Section 98. Effective January 7, 2003, section 40.31,
16 Florida Statutes, is amended to read:
17 40.31 State Courts Administrator may apportion
18 appropriation.--If the State Courts Administrator shall have
19 reason to believe that the amount appropriated by the
20 Legislature is insufficient to meet the expenses of jurors and
21 witnesses during the remaining part of the state fiscal year,
22 he or she may apportion the money in the treasury for that
23 purpose among the several counties, basing such apportionment
24 upon the amount expended for the payment of jurors and
25 witnesses in each county during the prior fiscal year. In such
26 case, each county shall be paid by warrant, issued by the
27 Chief Financial Officer Comptroller, only the amount so
28 apportioned to each county, and, when the amount so
29 apportioned is insufficient to pay in full all the jurors and
30 witnesses during a quarterly fiscal period, the clerk of the
31 court shall apportion the money received pro rata among the
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1 jurors and witnesses entitled to pay and shall give to each
2 juror or witness a certificate of the amount of compensation
3 still due, which certificate shall be held by the State Courts
4 Administrator as other demands against the state.
5 Section 99. Effective January 7, 2003, section 40.33,
6 Florida Statutes, is amended to read:
7 40.33 Deficiency.--If the compensation of jurors and
8 witnesses during a quarterly fiscal period exceeds the amount
9 estimated by the clerk of the court and therefore is
10 insufficient to pay in full the jurors and witnesses, the
11 clerk of the court shall make a further requisition upon the
12 State Courts Administrator for the amount necessary to pay
13 such default, and the amount required shall be transmitted to
14 the clerk of the court by warrant issued by the Chief
15 Financial Officer Comptroller in the same manner as the
16 original requisition or order.
17 Section 100. Effective January 7, 2003, subsection (2)
18 of section 40.34, Florida Statutes, is amended to read:
19 40.34 Clerks to make triplicate payroll.--
20 (2) The form of such payroll shall be prescribed by
21 the Chief Financial Officer Comptroller.
22 Section 101. Effective January 7, 2003, section 40.35,
23 Florida Statutes, is amended to read:
24 40.35 Accounting and payment to the State Courts
25 Administrator.--
26 (1) The clerk of the court shall, within 2 weeks after
27 the last day of the quarterly fiscal period, render to the
28 State Courts Administrator a full statement of accounts for
29 moneys received and disbursed under the provisions of this
30 chapter and refund to the State Courts Administrator any
31 balance in the clerk's hands. If upon audit the State Courts
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1 Administrator shall determine a balance due the clerk of the
2 court, the State Courts Administrator shall submit a request
3 for payment to the Chief Financial Officer Comptroller.
4 (2) If a clerk of the court fails to account for and
5 pay over promptly the balance of all moneys paid him or her,
6 the sureties, if any, on a clerk's official bond are liable
7 and responsible for same; and the State Courts Administrator
8 shall report to the Governor and the Chief Financial Officer
9 Comptroller any failure on the part of the clerk of the court
10 to report and faithfully account for any such moneys.
11 Section 102. Effective January 7, 2003, paragraph (b)
12 of subsection (5) of section 43.16, Florida Statutes, is
13 amended to read:
14 43.16 Justice Administrative Commission; membership,
15 powers and duties.--
16 (5) The duties of the commission shall include, but
17 not be limited to, the following:
18 (b) Each state attorney and public defender and the
19 Judicial Qualifications Commission shall continue to prepare
20 necessary budgets, vouchers which represent valid claims for
21 reimbursement by the state for authorized expenses, and other
22 things incidental to the proper administrative operation of
23 the office, such as revenue transmittals to the Chief
24 Financial Officer treasurer, automated systems plans, etc.,
25 but will forward same to the commission for recording and
26 submission to the proper state officer. However, when
27 requested by a state attorney or a public defender or the
28 Judicial Qualifications Commission, the commission will either
29 assist in the preparation of budget requests, voucher
30 schedules, and other forms and reports or accomplish the
31 entire project involved.
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1 Section 103. Effective January 7, 2003, subsections
2 (1), (3), and (4) of section 43.19, Florida Statutes, are
3 amended to read:
4 43.19 Money paid into court; unclaimed funds.--
5 (1) In every case in which the right to withdraw money
6 deposited as hereinbefore provided has been adjudicated or is
7 not in dispute and the money has remained so deposited for 5
8 years or more unclaimed by the person, firm, or corporation
9 entitled thereto, on or before December 1 of each year the
10 judge, or one of the judges, of the court shall direct that
11 the money be deposited with the Chief Financial Officer
12 Treasurer to the credit of the State School Fund, to become a
13 part of that fund, subject to the right of the person, firm,
14 or corporation entitled thereto to receive the money as
15 provided in subsection (3).
16 (3) Any person, firm or corporation entitled to any of
17 the money may obtain an order directing the payment of the
18 money to the claimant on written petition to the court from
19 which the money was deposited or its successor, and written
20 notice to the state attorney of the circuit wherein the court
21 is situate, whether or not the court is a circuit court, and
22 proof of right thereto, and the money deposited shall
23 constitute and be a permanent appropriation for payments by
24 the Chief Financial Officer Treasurer of the state in
25 obedience of such orders.
26 (4) All interest and income that accrue from the money
27 while on deposit with the Chief Financial Officer Treasurer to
28 the credit of the State School Fund belong to that fund.
29 Section 104. Effective January 7, 2003, subsections
30 (3) and (4) of section 48.151, Florida Statutes, are amended
31 to read:
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1 48.151 Service on statutory agents for certain
2 persons.--
3 (3) The Insurance Commissioner and Treasurer or his or
4 her assistant or deputy or another person in charge of the
5 office is the agent for service of process on all insurers
6 applying for authority to transact insurance in this state,
7 all licensed nonresident insurance agents, all nonresident
8 disability insurance agents licensed by the Department of
9 Insurance and Financial Services pursuant to s. 626.835, any
10 unauthorized insurer under s. 626.906 or s. 626.937, domestic
11 reciprocal insurers, fraternal benefit societies under chapter
12 632, automobile inspection and warranty associations,
13 ambulance service associations, and persons required to file
14 statements under s. 628.461.
15 (4) The Commissioner of Financial Services Comptroller
16 is the agent for service of process for any issuer as defined
17 in s. 517.021, or any dealer, investment adviser, or
18 associated person registered with the Department of Insurance
19 and Financial Services Banking and Finance, for any violation
20 of any provision of chapter 517.
21 Section 105. Effective January 7, 2003, subsection (1)
22 of section 55.03, Florida Statutes, is amended to read:
23 55.03 Judgments; rate of interest, generally.--
24 (1) On December 1 of each year beginning December 1,
25 1994, the Chief Financial Officer Comptroller of the State of
26 Florida shall set the rate of interest that shall be payable
27 on judgments or decrees for the year beginning January 1 by
28 averaging the discount rate of the Federal Reserve Bank of New
29 York for the preceding year, then adding 500 basis points to
30 the averaged federal discount rate. The Chief Financial
31 Officer Comptroller shall inform the clerk of the courts and
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1 chief judge for each judicial circuit of the rate that has
2 been established for the upcoming year. The initial interest
3 rate established by the Comptroller shall take effect on
4 January 1, 1995, and The interest rate established by the
5 Chief Financial Officer Comptroller in subsequent years shall
6 take effect on January 1 of each following year. Judgments
7 obtained on or after January 1, 1995, shall use the previous
8 statutory rate for time periods before January 1, 1995, for
9 which interest is due and shall apply the rate set by the
10 Chief Financial Officer Comptroller for time periods after
11 January 1, 1995, for which interest is due. Nothing contained
12 herein shall affect a rate of interest established by written
13 contract or obligation.
14 Section 106. Effective January 7, 2003, section
15 57.091, Florida Statutes, is amended to read:
16 57.091 Costs; refunded to counties in certain
17 proceedings relating to state prisoners.--All lawful fees,
18 costs, and expenses hereafter adjudged against, and paid by,
19 any county in all competency proceedings and all criminal
20 prosecutions against state prisoners imprisoned in a state
21 correctional institution, and in all habeas corpus cases
22 brought to test the legality of the imprisonment of state
23 prisoners of such correctional institutions, shall be refunded
24 to the county paying the sum from the General Revenue Fund in
25 the State Treasury in the manner and to the extent herein
26 provided, to wit: between the 1st and 15th of the month next
27 succeeding the month in which the fees, costs, and expenses
28 have been allowed and paid by the county, the clerk of the
29 court shall make requisition on the Department of Corrections
30 for the fees, costs, and expenses so allowed and paid during
31 the preceding month, giving the style of the cases in which
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1 fees, costs, and expenses were incurred and the amount and
2 items of cost in each case; providing a certified copy of the
3 judgment adjudging the fees, costs, and expenses against the
4 county and showing that the amount represented thereby has
5 been approved by the presiding judge, paid by the county, and
6 verified by the clerk; and attaching a certified copy of the
7 bill as approved and allowed by the board of county
8 commissioners of the county. If the Department of Corrections
9 finds the bills legal and adjudged against and paid by the
10 county, the department shall submit a request to the Chief
11 Financial Officer Comptroller to draw a warrant in the amount
12 thereof, or in the amount the department finds legal and
13 adjudged against and paid by the county, in favor of the
14 county paying the fees, costs, and expenses, which shall be
15 paid by the Chief Financial Officer State Treasurer from the
16 general revenue funds of the state.
17 Section 107. Effective January 7, 2003, subsections
18 (1), (3), and (4) of section 68.083, Florida Statutes, are
19 amended to read:
20 68.083 Civil actions for false claims.--
21 (1) The department may diligently investigate a
22 violation under s. 68.082. If the department finds that a
23 person has violated or is violating s. 68.082, the department
24 may bring a civil action under the Florida False Claims Act
25 against the person. The Chief Financial Officer and the
26 Department of Insurance and Financial Services Department of
27 Banking and Finance may bring a civil action under this
28 section if the action arises from an investigation by that
29 department and the Department of Legal Affairs has not filed
30 an action under this act.
31
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1 (3) The complaint shall be identified on its face as a
2 qui tam action and shall be filed in the circuit court of the
3 Second Judicial Circuit, in and for Leon County. Immediately
4 upon the filing of the complaint, a copy of the complaint and
5 written disclosure of substantially all material evidence and
6 information the person possesses shall be served on the
7 Attorney General, as head of the department, and on the Chief
8 Financial Officer Comptroller, as head of the Department of
9 Banking and Finance, by registered mail, return receipt
10 requested. The department, or the Chief Financial Officer
11 Department of Banking and Finance under the circumstances
12 specified in subsection (4), may elect to intervene and
13 proceed with the action, on behalf of the state, within 90
14 days after it receives both the complaint and the material
15 evidence and information.
16 (4) If a person brings an action under subsection (2)
17 and the action is based upon the facts underlying a pending
18 investigation by the Chief Financial Officer Department of
19 Banking and Finance, the Chief Financial Officer Department of
20 Banking and Finance, instead of the department, may take over
21 the action on behalf of the state. In order to take over the
22 action, the Chief Financial Officer Department of Banking and
23 Finance must give the department written notification within
24 20 days after the action is filed that the Chief Financial
25 Officer Department of Banking and Finance is conducting an
26 investigation of the facts of the action and that the Chief
27 Financial Officer Department of Banking and Finance, instead
28 of the department, will take over the action filed under
29 subsection (2). If the Chief Financial Officer Department of
30 Banking and Finance takes over the action under this
31 subsection, the word "department" as used in this act means
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1 the Office of the Chief Financial Officer Department of
2 Banking and Finance, and that office department, for purposes
3 of that action, shall have all rights and standing granted the
4 department under this act.
5 Section 108. Effective January 7, 2003, subsections
6 (3) and (6) of section 68.084, Florida Statutes, are amended
7 to read:
8 68.084 Rights of the parties in civil actions.--
9 (3) If the department elects not to proceed with the
10 action, the person who initiated the action has the right to
11 conduct the action. If the Attorney General, as head of the
12 department, or the Chief Financial Officer Comptroller, as
13 head of the Department of Banking and Finance, so requests, it
14 shall be served, at the requesting department's expense, with
15 copies of all pleadings and motions filed in the action and
16 copies of all deposition transcripts. When a person proceeds
17 with the action, the court, without limiting the rights of the
18 person initiating the action, may nevertheless permit the
19 department to intervene and take over the action on behalf of
20 the state at a later date upon showing of good cause.
21 (6) The Chief Financial Officer Department of Banking
22 and Finance, or the department, may intervene on his or her
23 its own behalf as a matter of right.
24 Section 109. Effective January 7, 2003, subsection (3)
25 of section 68.087, Florida Statutes, is amended to read:
26 68.087 Exemptions to civil actions.--
27 (3) No court shall have jurisdiction over an action
28 brought under this act based upon the public disclosure of
29 allegations or transactions in a criminal, civil, or
30 administrative hearing; in a legislative, administrative,
31 inspector general, or Auditor General, Chief Financial Officer
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1 Comptroller, or Department of Banking and Finance report,
2 hearing, audit, or investigation; or from the news media,
3 unless the action is brought by the department, or unless the
4 person bringing the action is an original source of the
5 information. For purposes of this subsection, the term
6 "original source" means an individual who has direct and
7 independent knowledge of the information on which the
8 allegations are based and has voluntarily provided the
9 information to the department before filing an action under
10 this act based on the information.
11 Section 110. Effective January 7, 2003, section
12 68.092, Florida Statutes, is amended to read:
13 68.092 Deposit of recovered moneys.--All moneys
14 recovered by the Chief Financial Officer Comptroller, as head
15 of the Department of Banking and Finance, under s. 68.086(1)
16 in any civil action for violation of the Florida False Claims
17 Act shall be deposited in the Administrative Trust Fund of the
18 Chief Financial Officer Department of Banking and Finance.
19 Section 111. Effective January 7, 2003, section
20 77.0305, Florida Statutes, is amended to read:
21 77.0305 Continuing writ of garnishment against salary
22 or wages.--Notwithstanding any other provision of this
23 chapter, if salary or wages are to be garnished to satisfy a
24 judgment, the court shall issue a continuing writ of
25 garnishment to the judgment debtor's employer which provides
26 for the periodic payment of a portion of the salary or wages
27 of the judgment debtor as the salary or wages become due until
28 the judgment is satisfied or until otherwise provided by court
29 order. A debtor's status as an employee of the state or its
30 agencies or political subdivisions does not preclude a
31 judgment creditor's right to garnish the debtor's wages. For
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1 the purposes of this section, the state includes the judicial
2 branch and the legislative branch as defined in s. 216.011.
3 The state, for itself and for its agencies and subdivisions,
4 waives sovereign immunity for the express and limited purpose
5 necessary to carry out this section. The court shall allow
6 the judgment debtor's employer to collect up to $5 against the
7 salary or wages of the judgment debtor to reimburse the
8 employer for administrative costs for the first deduction from
9 the judgment debtor's salary or wages and up to $2 for each
10 deduction thereafter. The funds collected by the state under
11 this section must be deposited in the Chief Financial
12 Officer's Department of Banking and Finance Administrative
13 Trust Fund for purposes of carrying out this section.
14 Section 112. Effective January 7, 2003, section 92.39,
15 Florida Statutes, is amended to read:
16 92.39 Evidence of individual's claim against the state
17 in suits between them.--In suits between the state and
18 individuals, no claim for a credit shall be allowed upon
19 trial, but such as shall appear to have been presented to the
20 Chief Financial Officer Comptroller for the Chief Financial
21 Officer's Comptroller's examination, and by him or her
22 disallowed in whole or in part, unless it shall be proved to
23 the satisfaction of the court that the defendant is, at the
24 time of the trial, in possession of vouchers not before in the
25 defendant's power to procure, and that the defendant was
26 prevented from exhibiting a claim for such credit at the Chief
27 Financial Officer's Comptroller's office by unavoidable
28 accident.
29 Section 113. Effective January 7, 2003, subsection (4)
30 of section 99.097, Florida Statutes, is amended to read:
31 99.097 Verification of signatures on petitions.--
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1 (4) The supervisor shall be paid in advance the sum of
2 10 cents for each signature checked or the actual cost of
3 checking such signature, whichever is less, by the candidate
4 or, in the case of a petition to have an issue placed on the
5 ballot, by the person or organization submitting the petition.
6 However, if a candidate, person, or organization seeking to
7 have an issue placed upon the ballot cannot pay such charges
8 without imposing an undue burden on personal resources or upon
9 the resources otherwise available to such candidate, person,
10 or organization, such candidate, person, or organization
11 shall, upon written certification of such inability given
12 under oath to the supervisor, be entitled to have the
13 signatures verified at no charge. In the event a candidate,
14 person, or organization submitting a petition to have an issue
15 placed upon the ballot is entitled to have the signatures
16 verified at no charge, the supervisor of elections of each
17 county in which the signatures are verified at no charge shall
18 submit the total number of such signatures checked in the
19 county to the Chief Financial Officer Comptroller no later
20 than December 1 of the general election year, and the Chief
21 Financial Officer Comptroller shall cause such supervisor of
22 elections to be reimbursed from the General Revenue Fund in an
23 amount equal to 10 cents for each name checked or the actual
24 cost of checking such signatures, whichever is less. In no
25 event shall such reimbursement of costs be deemed or applied
26 as extra compensation for the supervisor. Petitions shall be
27 retained by the supervisors for a period of 1 year following
28 the election for which the petitions were circulated.
29 Section 114. Effective January 7, 2003, section
30 107.11, Florida Statutes, is amended to read:
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1 107.11 Appropriation for expenses.--For the purpose of
2 defraying the expenses of preparing for, conducting, holding
3 and declaring the result of the election provided for by this
4 chapter and also for the purpose of defraying the expenses
5 allowed by this chapter for the holding of sessions of the
6 convention as herein provided, to be audited by the Chief
7 Financial Officer Comptroller, there is appropriated out of
8 the General Revenue Fund of the State of Florida a sufficient
9 sum of money for the payment of all amounts necessary to be
10 expended under the terms of this chapter, which sums of money
11 shall be disbursed by the State of Florida pursuant to
12 warrants drawn by the Chief Financial Officer Comptroller upon
13 the Treasurer for the payment of same.
14 Section 115. Effective January 7, 2003, paragraph (a)
15 of subsection (2) of section 110.1127, Florida Statutes, is
16 amended to read:
17 110.1127 Employee security checks.--
18 (2)(a) All positions within the Office of the Chief
19 Financial Officer Division of Treasury of the Department of
20 Insurance are deemed to be positions of special trust or
21 responsibility, and a person may be disqualified for
22 employment in any such position by reason of:
23 1. The conviction or prior conviction of a crime which
24 is reasonably related to the nature of the position sought or
25 held by the individual; or
26 2. The entering of a plea of nolo contendere or, when
27 a jury verdict of guilty is rendered but adjudication of guilt
28 is withheld, with respect to a crime which is reasonably
29 related to the nature of the position sought or held by the
30 individual.
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1 Section 116. Effective January 7, 2003, subsection (1)
2 of section 110.113, Florida Statutes, is amended to read:
3 110.113 Pay periods for state officers and employees;
4 salary payments by direct deposit.--
5 (1) The normal pay period for salaries of state
6 officers and employees shall be 1 month. The Chief Financial
7 Officer Department of Banking and Finance shall issue either
8 monthly or biweekly salary payments by state warrants or by
9 direct deposit pursuant to s. 17.076 or make semimonthly
10 salary payments by direct deposit pursuant to s. 17.076, as
11 requested by the head of each state agency and approved by the
12 Executive Office of the Governor and the Chief Financial
13 Officer Department of Banking and Finance.
14 Section 117. Effective January 7, 2003, subsection (1)
15 of section 110.114, Florida Statutes, is amended to read:
16 110.114 Employee wage deductions.--
17 (1) The state or any of its departments, bureaus,
18 commissions, and officers are authorized and permitted, with
19 the concurrence of the Chief Financial Officer Department of
20 Banking and Finance, to make deductions from the salary or
21 wage of any employee or employees in such amount as shall be
22 authorized and requested by such employee or employees and for
23 such purpose as shall be authorized and requested by such
24 employee or employees and shall pay such sums so deducted as
25 directed by such employee or employees. The concurrence of
26 the Chief Financial Officer Department of Banking and Finance
27 shall not be required for the deduction of a certified
28 bargaining agent's membership dues deductions pursuant to s.
29 447.303 or any deductions authorized by a collective
30 bargaining agreement.
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1 Section 118. Effective January 7, 2003, section
2 110.116, Florida Statutes, is amended to read:
3 110.116 Personnel information system; payroll
4 procedures.--The Department of Management Services shall
5 establish and maintain, in coordination with the payroll
6 system of the Chief Financial Officer Department of Banking
7 and Finance, a complete personnel information system for all
8 authorized and established positions in the state service,
9 with the exception of employees of the Legislature. The
10 specifications shall be developed in conjunction with the
11 payroll system of the Chief Financial Officer Department of
12 Banking and Finance and in coordination with the Auditor
13 General. The Chief Financial Officer Department of Banking
14 and Finance shall determine that the position occupied by each
15 employee has been authorized and established in accordance
16 with the provisions of s. 216.251. The Department of
17 Management Services shall develop and maintain a position
18 numbering system that will identify each established position,
19 and such information shall be a part of the payroll system of
20 the Chief Financial Officer Department of Banking and Finance.
21 With the exception of employees of the Legislature, this
22 system shall include all career service positions and those
23 positions exempted from career service provisions,
24 notwithstanding the funding source of the salary payments, and
25 information regarding persons receiving payments from other
26 sources. Necessary revisions shall be made in the personnel
27 and payroll procedures of the state to avoid duplication
28 insofar as is feasible. A list shall be organized by budget
29 entity to show the employees or vacant positions within each
30 budget entity. This list shall be available to the Speaker of
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1 the House of Representatives and the President of the Senate
2 upon request.
3 Section 119. Effective January 7, 2003, paragraph (a)
4 of subsection (3) of section 110.1227, Florida Statutes, is
5 amended to read:
6 110.1227 Florida Employee Long-Term-Care Plan Act.--
7 (3) The Department of Management Services and the
8 department shall, in consultation with public employers and
9 employees and representatives from unions and associations
10 representing state, university, local government, and other
11 public employees, establish and supervise the implementation
12 and administration of a self-funded or fully insured
13 long-term-care plan entitled "Florida Employee Long-Term-Care
14 Plan."
15 (a) The Department of Management Services and the
16 department shall, in consultation with the Department of
17 Insurance and Financial Services, contract for actuarial,
18 professional-administrator, and other services for the Florida
19 Employee Long-Term-Care Plan.
20 Section 120. Effective January 7, 2003, paragraph (f)
21 of subsection (5) of section 110.1228, Florida Statutes, is
22 amended to read:
23 110.1228 Participation by small counties, small
24 municipalities, and district school boards located in small
25 counties.--
26 (5) If the department determines that a small county,
27 small municipality, or district school board is eligible to
28 enroll, the small county, small municipality, or district
29 school board must agree to the following terms and conditions:
30 (f) If a small county, small municipality, or district
31 school board employer fails to make the payments required by
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1 this section to fully reimburse the state, the Department of
2 Revenue or the Chief Financial Officer Department of Banking
3 and Finance shall, upon the request of the Department of
4 Management Services, deduct the amount owed by the employer
5 from any funds not pledged to bond debt service satisfaction
6 that are to be distributed by it to the small county, small
7 municipality, or district school board. The amounts so
8 deducted shall be transferred to the Department of Management
9 Services for further distribution to the trust funds in
10 accordance with this chapter.
11 Section 121. Effective January 7, 2003, paragraph (f)
12 of subsection (4) and paragraphs (b) and (c) of subsection (5)
13 of section 110.123, Florida Statutes, are amended to read:
14 110.123 State group insurance program.--
15 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
16 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
17 (f) Pursuant to the request of each state officer,
18 full-time or part-time state employee, or retiree
19 participating in the state group insurance program, and upon
20 certification of the employing agency approved by the
21 department, the Chief Financial Officer Comptroller shall
22 deduct from the salary or retirement warrant payable to each
23 participant the amount so certified and shall handle such
24 deductions in accordance with rules established by the
25 department.
26 (5) DEPARTMENT POWERS AND DUTIES.--The department is
27 responsible for the administration of the state group
28 insurance program. The department shall initiate and
29 supervise the program as established by this section and shall
30 adopt such rules as are necessary to perform its
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1 responsibilities. To implement this program, the department
2 shall, with prior approval by the Legislature:
3 (b) Prepare, in cooperation with the Department of
4 Insurance and Financial Services, the specifications necessary
5 to implement the program.
6 (c) Contract on a competitive proposal basis with an
7 insurance carrier or carriers, or professional administrator,
8 determined by the Department of Insurance and Financial
9 Services to be fully qualified, financially sound, and capable
10 of meeting all servicing requirements. Alternatively, the
11 department may self-insure any plan or plans contained in the
12 state group insurance program subject to approval based on
13 actuarial soundness by the Department of Insurance and
14 Financial Services. The department may contract with an
15 insurance company or professional administrator qualified and
16 approved by the Department of Insurance and Financial Services
17 to administer such plan. Before entering into any contract,
18 the department shall advertise for competitive proposals, and
19 such contract shall be let upon the consideration of the
20 benefits provided in relationship to the cost of such
21 benefits. In determining which entity to contract with, the
22 department shall, at a minimum, consider: the entity's
23 previous experience and expertise in administering group
24 insurance programs of the type it proposes to administer; the
25 entity's ability to specifically perform its contractual
26 obligations in this state and other governmental
27 jurisdictions; the entity's anticipated administrative costs
28 and claims experience; the entity's capability to adequately
29 provide service coverage and sufficient number of experienced
30 and qualified personnel in the areas of claims processing,
31 recordkeeping, and underwriting, as determined by the
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1 department; the entity's accessibility to state employees and
2 providers; the financial solvency of the entity, using
3 accepted business sector measures of financial performance.
4 The department may contract for medical services which will
5 improve the health or reduce medical costs for employees who
6 participate in the state group insurance plan.
7
8 Final decisions concerning enrollment, the existence of
9 coverage, or covered benefits under the state group insurance
10 program shall not be delegated or deemed to have been
11 delegated by the department.
12 Section 122. Effective January 7, 2003, section
13 110.125, Florida Statutes, is amended to read:
14 110.125 Administrative costs.--The administrative
15 expenses and costs of operating the personnel program
16 established by this chapter shall be paid by the various
17 agencies of the state government, and each such agency shall
18 include in its budget estimates its pro rata share of such
19 cost as determined by the Department of Management Services.
20 To establish an equitable division of the costs, the amount to
21 be paid by each agency shall be determined in such proportion
22 as the service rendered to each agency bears to the total
23 service rendered under the provisions of this chapter. The
24 amounts paid to the Department of Management Services which
25 are attributable to positions within the Senior Management
26 Service and the Selected Professional Service shall be used
27 for the administration of such services, training activities
28 for positions within those services, and the development and
29 implementation of a database of pertinent historical
30 information on exempt positions. Should any state agency
31 become more than 90 days delinquent in payment of this
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1 obligation, the department shall certify to the Chief
2 Financial Officer Comptroller the amount due and the Chief
3 Financial Officer Comptroller shall transfer the amount due to
4 the department from any debtor agency funds available.
5 Section 123. Effective January 7, 2003, paragraph (a)
6 of subsection (1) of section 110.181, Florida Statutes, is
7 amended to read:
8 110.181 Florida State Employees' Charitable
9 Campaign.--
10 (1) CREATION AND ORGANIZATION OF CAMPAIGN.--
11 (a) The Department of Management Services shall
12 establish and maintain, in coordination with the payroll
13 system of the Chief Financial Officer Department of Banking
14 and Finance, an annual Florida State Employees' Charitable
15 Campaign. Except as provided in subsection (5), this annual
16 fundraising drive is the only authorized charitable
17 fundraising drive directed toward state employees within work
18 areas during work hours, and for which the state will provide
19 payroll deduction.
20 Section 124. Effective January 7, 2003, subsection (1)
21 of section 110.2037, Florida Statutes, is amended to read:
22 110.2037 Alternative benefits; tax-sheltered annual
23 leave and sick leave payments and special compensation
24 payments.--
25 (1) The Department of Management Services has
26 authority to adopt tax-sheltered plans under s. 401(a) of the
27 Internal Revenue Code for state employees who are eligible for
28 payment for accumulated leave. The department, upon adoption
29 of the plans, shall contract for a private vendor or vendors
30 to administer the plans. These plans shall be limited to state
31 employees who are over age 55 and who are: eligible for
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1 accumulated leave and special compensation payments and
2 separating from employment with 10 years of service in
3 accordance with the Internal Revenue Code, or who are
4 participating in the Deferred Retirement Option Program on or
5 after July 1, 2001. The plans must provide benefits in a
6 manner that minimizes the tax liability of the state and
7 participants. The plans must be funded by employer
8 contributions of payments for accumulated leave or special
9 compensation payments, or both, as specified by the
10 department. The plans must have received all necessary federal
11 and state approval as required by law, must not adversely
12 impact the qualified status of the Florida Retirement System
13 defined benefit or defined contribution plans or the pretax
14 benefits program, and must comply with the provisions of s.
15 112.65. Adoption of any plan is contingent on: the department
16 receiving appropriate favorable rulings from the Internal
17 Revenue Service; the department negotiating under the
18 provisions of chapter 447, where applicable; and the Chief
19 Financial Officer Comptroller making appropriate changes to
20 the state payroll system. The department's request for
21 proposals by vendors for such plans may require that the
22 vendors provide market-risk or volatility ratings from
23 recognized rating agencies for each of their investment
24 products. The department shall provide for a system of
25 continuous quality assurance oversight to ensure that the
26 program objectives are achieved and that the program is
27 prudently managed.
28 Section 125. Effective January 7, 2003, subsection (6)
29 of section 110.205, Florida Statutes, is amended to read:
30 110.205 Career service; exemptions.--
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1 (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY
2 PROGRAM, DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES.--In
3 addition to those positions exempted from this part, there is
4 hereby exempted from the Career Service System the chief
5 inspector of the boiler inspection program of the Department
6 of Insurance and Financial Services. The salary range of this
7 position shall be established by the Department of Management
8 Services in accordance with the classification and pay plan
9 established for the Selected Exempt Service.
10 Section 126. Effective January 7, 2003, subsection (1)
11 of section 112.0501, Florida Statutes, is amended to read:
12 112.0501 Ratification of certain dual retirements.--
13 (1) Any state employee who was permitted by the Chief
14 Financial Officer Comptroller, as administrator of the
15 retirement provisions of s. 112.05 and chapter 122, to retire
16 under the provisions of both such statutes prior to April 23,
17 1969, when the Attorney General ruled that such dual
18 retirements are prohibited by s. 122.10(3), as recodified by
19 the Legislature in 1965, shall receive and enjoy the
20 retirement benefits awarded upon retirement, the provisions of
21 s. 122.10(3) to the contrary notwithstanding.
22 Section 127. Effective January 7, 2003, paragraph (b)
23 of subsection (5), paragraph (b) of subsection (7), paragraph
24 (b) of subsection (8), and subsections (9), (11), and (13) of
25 section 112.061, Florida Statutes, are amended to read:
26 112.061 Per diem and travel expenses of public
27 officers, employees, and authorized persons.--
28 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
29 purposes of reimbursement and methods of calculating
30 fractional days of travel, the following principles are
31 prescribed:
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1 (b) A traveler shall not be reimbursed on a per diem
2 basis for Class C travel, but shall receive subsistence as
3 provided in this section, which allowance for meals shall be
4 based on the following schedule:
5 1. Breakfast--When travel begins before 6 a.m. and
6 extends beyond 8 a.m.
7 2. Lunch--When travel begins before 12 noon and
8 extends beyond 2 p.m.
9 3. Dinner--When travel begins before 6 p.m. and
10 extends beyond 8 p.m., or when travel occurs during nighttime
11 hours due to special assignment.
12
13 No allowance shall be made for meals when travel is confined
14 to the city or town of the official headquarters or immediate
15 vicinity; except assignments of official business outside the
16 traveler's regular place of employment if travel expenses are
17 approved. The Chief Financial Officer Comptroller shall
18 establish a schedule for processing Class C travel subsistence
19 payments at least on a monthly basis.
20 (7) TRANSPORTATION.--
21 (b) The Chief Financial Officer Department of Banking
22 and Finance may provide any form he or she it deems necessary
23 to cover travel requests for traveling on official business
24 and when paid by the state.
25 (8) OTHER EXPENSES.--
26 (b) Other expenses which are not specifically
27 authorized by this section may be approved by the Chief
28 Financial Officer Department of Banking and Finance pursuant
29 to rules adopted by him or her it. Expenses approved pursuant
30 to this paragraph shall be reported by the Chief Financial
31
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1 Officer Department of Banking and Finance to the Auditor
2 General annually.
3 (9) RULES AND REGULATIONS.--
4 (a) The Chief Financial Officer Department of Banking
5 and Finance shall promulgate such rules and regulations,
6 including, but not limited to, the general criteria to be used
7 by a state agency to predetermine justification for attendance
8 by state officers and employees and authorized persons at
9 conventions and conferences, and prescribe such forms as may
10 be necessary to effectuate the purposes of this section. The
11 Chief Financial Officer department may also adopt rules
12 prescribing the proper disposition and use of promotional
13 items and rebates offered by common carriers and other
14 entities in connection with travel at public expense; however,
15 before adopting such rules, the Chief Financial Officer
16 department shall consult with the appropriation committees of
17 the Legislature.
18 (b) Each state agency shall promulgate such additional
19 specific rules and regulations and specific criteria to be
20 used by it to predetermine justification for attendance by
21 state officers and employees and authorized persons at
22 conventions and conferences, not in conflict with the rules
23 and regulations of the Chief Financial Officer Department of
24 Banking and Finance or with the general criteria to be used by
25 a state agency to predetermine justification for attendance by
26 state officers and employees and authorized persons at
27 conventions, as may be necessary to effectuate the purposes of
28 this section.
29 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
30 (a) Authorization forms.--The Chief Financial Officer
31 Department of Banking and Finance shall furnish a uniform
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1 travel authorization request form which shall be used by all
2 state officers and employees and authorized persons when
3 requesting approval for the performance of travel to a
4 convention or conference. The form shall include, but not be
5 limited to, provision for the name of each traveler, purpose
6 of travel, period of travel, estimated cost to the state, and
7 a statement of benefits accruing to the state by virtue of
8 such travel. A copy of the program or agenda of the
9 convention or conference, itemizing registration fees and any
10 meals or lodging included in the registration fee, shall be
11 attached to, and filed with, the copy of the travel
12 authorization request form on file with the agency. The form
13 shall be signed by the traveler and by the traveler's
14 supervisor stating that the travel is to be incurred in
15 connection with official business of the state. The head of
16 the agency or his or her designated representative shall not
17 authorize or approve such request in the absence of the
18 appropriate signatures. A copy of the travel authorization
19 form shall be attached to, and become a part of, the support
20 of the agency's copy of the travel voucher.
21 (b) Voucher forms.--
22 1. The Chief Financial Officer Department of Banking
23 and Finance shall furnish a uniform travel voucher form which
24 shall be used by all state officers and employees and
25 authorized persons when submitting travel expense statements
26 for approval and payment. No travel expense statement shall
27 be approved for payment by the Chief Financial Officer
28 Comptroller unless made on the form prescribed and furnished
29 by him or her the department. The travel voucher form shall
30 provide for, among other things, the purpose of the official
31 travel and a certification or affirmation, to be signed by the
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1 traveler, indicating the truth and correctness of the claim in
2 every material matter, that the travel expenses were actually
3 incurred by the traveler as necessary in the performance of
4 official duties, that per diem claimed has been appropriately
5 reduced for any meals or lodging included in the convention or
6 conference registration fees claimed by the traveler, and that
7 the voucher conforms in every respect with the requirements of
8 this section. The original copy of the executed uniform
9 travel authorization request form shall be attached to the
10 uniform travel voucher on file with the respective agency.
11 2. Statements for travel expenses incidental to the
12 rendering of medical services for and on behalf of clients of
13 the Department of Health shall be on forms approved by the
14 Chief Financial Officer Department of Banking and Finance.
15 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
16 an agency requires an employee to incur either Class A or
17 Class B travel on emergency notice to the traveler, such
18 traveler may request the agency to pay his or her expenses for
19 meals and lodging directly to the vendor, and the agency may
20 pay the vendor the actual expenses for meals and lodging
21 during the travel period, limited to an amount not to exceed
22 that authorized pursuant to this section. In emergency
23 situations, the agency head or his or her designee may
24 authorize an increase in the amount paid for a specific meal,
25 provided that the total daily cost of meals does not exceed
26 the total amount authorized for meals each day. The agency
27 head or his or her designee may also grant prior approval for
28 a state agency to make direct payments of travel expenses in
29 other situations that result in cost savings to the state, and
30 such cost savings shall be documented in the voucher submitted
31 to the Chief Financial Officer Comptroller for the direct
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1 payment of travel expenses. The provisions of this subsection
2 shall not be deemed to apply to any legislator or to any
3 employee of the Legislature.
4 Section 128. Effective January 7, 2003, paragraphs (a)
5 and (b) of subsection (2) and subsections (5) and (6) of
6 section 112.08, Florida Statutes, are amended to read:
7 112.08 Group insurance for public officers, employees,
8 and certain volunteers; physical examinations.--
9 (2)(a) Every local governmental unit is authorized to
10 provide and pay out of its available funds for all or part of
11 the premium for life, health, accident, hospitalization, legal
12 expense, or annuity insurance, or all or any kinds of such
13 insurance, for the officers and employees of the local
14 governmental unit and for health, accident, hospitalization,
15 and legal expense insurance for the dependents of such
16 officers and employees upon a group insurance plan and, to
17 that end, to enter into contracts with insurance companies or
18 professional administrators to provide such insurance. Before
19 entering any contract for insurance, the local governmental
20 unit shall advertise for competitive bids; and such contract
21 shall be let upon the basis of such bids. If a contracting
22 health insurance provider becomes financially impaired as
23 determined by the Department of Insurance and Financial
24 Services or otherwise fails or refuses to provide the
25 contracted-for coverage or coverages, the local government may
26 purchase insurance, enter into risk management programs, or
27 contract with third-party administrators and may make such
28 acquisitions by advertising for competitive bids or by direct
29 negotiations and contract. The local governmental unit may
30 undertake simultaneous negotiations with those companies which
31 have submitted reasonable and timely bids and are found by the
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1 local governmental unit to be fully qualified and capable of
2 meeting all servicing requirements. Each local governmental
3 unit may self-insure any plan for health, accident, and
4 hospitalization coverage or enter into a risk management
5 consortium to provide such coverage, subject to approval based
6 on actuarial soundness by the Department of Insurance and
7 Financial Services; and each shall contract with an insurance
8 company or professional administrator qualified and approved
9 by the Department of Insurance and Financial Services to
10 administer such a plan.
11 (b) In order to obtain approval from the Department of
12 Insurance and Financial Services of any self-insured plan for
13 health, accident, and hospitalization coverage, each local
14 governmental unit or consortium shall submit its plan along
15 with a certification as to the actuarial soundness of the
16 plan, which certification is prepared by an actuary who is a
17 member of the Society of Actuaries or the American Academy of
18 Actuaries. The Department of Insurance and Financial Services
19 shall not approve the plan unless it determines that the plan
20 is designed to provide sufficient revenues to pay current and
21 future liabilities, as determined according to generally
22 accepted actuarial principles. After implementation of an
23 approved plan, each local governmental unit or consortium
24 shall annually submit to the Department of Insurance and
25 Financial Services a report which includes a statement
26 prepared by an actuary who is a member of the Society of
27 Actuaries or the American Academy of Actuaries as to the
28 actuarial soundness of the plan. The report is due 90 days
29 after the close of the fiscal year of the plan. The report
30 shall consist of, but is not limited to:
31
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1 1. The adequacy of contribution rates in meeting the
2 level of benefits provided and the changes, if any, needed in
3 the contribution rates to achieve or preserve a level of
4 funding deemed adequate to enable payment of the benefit
5 amounts provided under the plan and a valuation of present
6 assets, based on statement value, and prospective assets and
7 liabilities of the plan and the extent of any unfunded accrued
8 liabilities.
9 2. A plan to amortize any unfunded liabilities and a
10 description of actions taken to reduce unfunded liabilities.
11 3. A description and explanation of actuarial
12 assumptions.
13 4. A schedule illustrating the amortization of any
14 unfunded liabilities.
15 5. A comparative review illustrating the level of
16 funds available to the plan from rates, investment income, and
17 other sources realized over the period covered by the report
18 with the assumptions used.
19 6. A statement by the actuary that the report is
20 complete and accurate and that in the actuary's opinion the
21 techniques and assumptions used are reasonable and meet the
22 requirements and intent of this subsection.
23 7. Other factors or statements as required by the
24 Department of Insurance and Financial Services in order to
25 determine the actuarial soundness of the plan.
26
27 All assumptions used in the report shall be based on
28 recognized actuarial principles acceptable to the Department
29 of Insurance and Financial Services. The Department of
30 Insurance and Financial Services shall review the report and
31 shall notify the administrator of the plan and each entity
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1 participating in the plan, as identified by the administrator,
2 of any actuarial deficiencies. Each local governmental unit
3 is responsible for payment of valid claims of its employees
4 that are not paid within 60 days after receipt by the plan
5 administrator or consortium.
6 (5) The Department of Management Services shall
7 initiate and supervise a group insurance program providing
8 death and disability benefits for active members of the
9 Florida Highway Patrol Auxiliary, with coverage beginning July
10 1, 1978, and purchased from state funds appropriated for that
11 purpose. The Department of Management Services, in
12 cooperation with the Department of Insurance and Financial
13 Services, shall prepare specifications necessary to implement
14 the program, and the Department of Management Services shall
15 receive bids and award the contract in accordance with general
16 law.
17 (6) The Department of Insurance and Financial Services
18 is authorized to adopt rules to carry out the provisions of
19 this section as they pertain to its duties.
20 Section 129. Effective January 7, 2003, paragraph (h)
21 of subsection (2) of section 112.191, Florida Statutes, is
22 amended to read:
23 112.191 Firefighters; death benefits.--
24 (2)
25 (h) The Division of the State Fire Marshal within the
26 Department of Insurance and Financial Services is directed to
27 promulgate rules as are necessary to implement the provisions
28 of this section.
29 Section 130. Effective January 7, 2003, paragraphs
30 (a), (b), and (c) of subsection (4), paragraph (a) of
31 subsection (6), paragraphs (d), (f), and (h) of subsection
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1 (8), paragraph (b) of subsection (10), and subsections (11)
2 and (12) of section 112.215, Florida Statutes, are amended to
3 read:
4 112.215 Government employees; deferred compensation
5 program.--
6 (4)(a) The Chief Financial Officer Treasurer, with the
7 approval of the State Board of Administration, shall establish
8 such plan or plans of deferred compensation for state
9 employees, including all such investment vehicles or products
10 incident thereto, as may be available through, or offered by,
11 qualified companies or persons, and may approve one or more
12 such plans for implementation by and on behalf of the state
13 and its agencies and employees.
14 (b) If the Chief Financial Officer Treasurer deems it
15 advisable, he or she shall have the power, with the approval
16 of the State Board of Administration, to create a trust or
17 other special funds for the segregation of funds or assets
18 resulting from compensation deferred at the request of
19 employees of the state or its agencies and for the
20 administration of such program.
21 (c) The Chief Financial Officer Treasurer, with the
22 approval of the State Board of Administration, may delegate
23 responsibility for administration of the plan to a person the
24 Chief Financial Officer Treasurer determines to be qualified,
25 compensate such person, and, directly or through such person
26 or pursuant to a collective bargaining agreement, contract
27 with a private corporation or institution to provide such
28 services as may be part of any such plan or as may be deemed
29 necessary or proper by the Chief Financial Officer Treasurer
30 or such person, including, but not limited to, providing
31 consolidated billing, individual and collective recordkeeping
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1 and accountings, asset purchase, control, and safekeeping, and
2 direct disbursement of funds to employees or other
3 beneficiaries. The Chief Financial Officer Treasurer may
4 authorize a person, private corporation, or institution to
5 make direct disbursement of funds under the plan to an
6 employee or other beneficiary only upon the order of the Chief
7 Financial Officer Comptroller to the Treasurer.
8 (6)(a) No deferred compensation plan of the state
9 shall become effective until approved by the State Board of
10 Administration and the Chief Financial Officer Treasurer is
11 satisfied by opinion from such federal agency or agencies as
12 may be deemed necessary that the compensation deferred
13 thereunder and/or the investment products purchased pursuant
14 to the plan will not be included in the employee's taxable
15 income under federal or state law until it is actually
16 received by such employee under the terms of the plan, and
17 that such compensation will nonetheless be deemed compensation
18 at the time of deferral for the purposes of social security
19 coverage, for the purposes of the state retirement system, and
20 for any other retirement, pension, or benefit program
21 established by law.
22 (8)
23 (d) The council shall meet at the call of its chair,
24 at the request of a majority of its membership, or at the
25 request of the Chief Financial Officer Treasurer, but not less
26 than twice a year. The business of the council shall be
27 presented to the council in the form of an agenda. The agenda
28 shall be set by the Chief Financial Officer Treasurer and
29 shall include items of business requested by the council
30 members.
31
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1 (f) The council shall make a report of each meeting to
2 the Chief Financial Officer Treasurer, which shall show the
3 names of the members present and shall include a record of its
4 discussions, recommendations, and actions taken. The Chief
5 Financial Officer Treasurer shall keep the records of the
6 proceedings of each meeting on file and shall make the records
7 available to any interested person or group.
8 (h) The advisory council shall provide assistance and
9 recommendations to the Chief Financial Officer Treasurer
10 relating to the provisions of the plan, the insurance or
11 investment options to be offered under the plan, and any other
12 contracts or appointments deemed necessary by the council and
13 the Chief Financial Officer Treasurer to carry out the
14 provisions of this act. The Chief Financial Officer Treasurer
15 shall inform the council of the manner in which each council
16 recommendation is being addressed. The Chief Financial
17 Officer Treasurer shall provide the council, at least
18 annually, a report on the status of the deferred compensation
19 program, including, but not limited to, information on
20 participant enrollment, amount of compensation deferred, total
21 plan assets, product provider performance, and participant
22 satisfaction with the program.
23 (10)
24 (b)1. There is created in the State Treasury the
25 Deferred Compensation Trust Fund, through which the Chief
26 Financial Officer Treasurer as trustee shall hold moneys,
27 pensions, annuities, or other benefits accrued or accruing
28 under and pursuant to 26 U.S.C. s. 457 and the deferred
29 compensation plan provided for therein and adopted by this
30 state; and
31 a. All amounts of compensation deferred thereunder;
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1 b. All property and rights purchased with such
2 amounts; and
3 c. All income attributable to such amounts, property,
4 or rights.
5 2. Notwithstanding the mandates of 26 U.S.C. s.
6 457(b)(6), all of the assets specified in subparagraph 1.
7 shall be held in trust for the exclusive benefit of
8 participants and their beneficiaries as mandated by 26 U.S.C.
9 s. 457(g)(1).
10 (11) With respect to any funds held pursuant to a
11 deferred compensation plan, any plan provider which is a bank
12 or savings association and which provides time deposit
13 accounts and certificates of deposit as an investment product
14 to the plan participants may, with the approval of the State
15 Board of Administration for providers in the state plan, or
16 with the approval of the appropriate official or body
17 designated under subsection (5) for a plan of a county,
18 municipality, other political subdivision, or constitutional
19 county officer, be exempt from the provisions of chapter 280
20 requiring it to be a qualified public depository, provided:
21 (a) The bank or savings association shall, to the
22 extent that the time deposit accounts or certificates of
23 deposit are not insured by the Federal Deposit Insurance
24 Corporation or the Federal Savings and Loan Insurance
25 Corporation, pledge collateral with the Chief Financial
26 Officer Treasurer for all state funds held by it under a
27 deferred compensation plan, or with such other appropriate
28 official for all public funds held by it under a deferred
29 compensation plan of a county, municipality, other political
30 subdivision, or constitutional county officer, in an amount
31
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1 which equals at least 150 percent of all uninsured deferred
2 compensation funds then held.
3 (b) Said collateral shall be of the kind permitted by
4 s. 280.13 and shall be pledged in the manner provided for by
5 the applicable provisions of chapter 280.
6
7 The Chief Financial Officer Treasurer shall have all the
8 applicable powers provided in ss. 280.04, 280.05, and 280.08
9 relating to the sale or other disposition of the pledged
10 collateral.
11 (12) The Chief Financial Officer Treasurer may adopt
12 any rule necessary to administer and implement this act with
13 respect to deferred compensation plans for state employees.
14 Section 131. Effective January 7, 2003, paragraph (h)
15 of subsection (4) of section 112.3144, Florida Statutes, is
16 amended to read:
17 112.3144 Full and public disclosure of financial
18 interests.--
19 (4) Forms for compliance with the full and public
20 disclosure requirements of s. 8, Art. II of the State
21 Constitution shall be created by the Commission on Ethics. The
22 commission shall give notice of disclosure deadlines and
23 delinquencies and distribute forms in the following manner:
24 (h) Notwithstanding any provision of chapter 120, any
25 fine imposed under this subsection which is not waived by
26 final order of the commission and which remains unpaid more
27 than 60 days after the notice of payment due or more than 60
28 days after the commission renders a final order on the appeal
29 must be submitted to the Chief Financial Officer Department of
30 Banking and Finance as a claim, debt, or other obligation owed
31 to the state, and the Chief Financial Officer department shall
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1 assign the collection of such fine to a collection agent as
2 provided in s. 17.20.
3 Section 132. Effective January 7, 2003, paragraph (i)
4 of subsection (6) of section 112.3145, Florida Statutes, is
5 amended to read:
6 112.3145 Disclosure of financial interests and clients
7 represented before agencies.--
8 (6) Forms for compliance with the disclosure
9 requirements of this section and a current list of persons
10 subject to disclosure shall be created by the commission and
11 provided to each supervisor of elections. The commission and
12 each supervisor of elections shall give notice of disclosure
13 deadlines and delinquencies and distribute forms in the
14 following manner:
15 (i) Notwithstanding any provision of chapter 120, any
16 fine imposed under this subsection which is not waived by
17 final order of the commission and which remains unpaid more
18 than 60 days after the notice of payment due or more than 60
19 days after the commission renders a final order on the appeal
20 must be submitted to the Chief Financial Officer Department of
21 Banking and Finance as a claim, debt, or other obligation owed
22 to the state, and the Chief Financial Officer department shall
23 assign the collection of such a fine to a collection agent as
24 provided in s. 17.20.
25 Section 133. Effective January 7, 2003, paragraph (c)
26 of subsection (9) of section 112.3189, Florida Statutes, is
27 amended to read:
28 112.3189 Investigative procedures upon receipt of
29 whistle-blower information from certain state employees.--
30 (9)
31
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1 (c) The Chief Inspector General shall transmit any
2 final report under this section, any comments provided by the
3 complainant, and any appropriate comments or recommendations
4 by the Chief Inspector General to the Governor, to the Joint
5 Legislative Auditing Committee, to the investigating agency,
6 and to the Chief Financial Officer Comptroller.
7 Section 134. Effective January 7, 2003, paragraph (e)
8 of subsection (3) of section 112.31895, Florida Statutes, is
9 amended to read:
10 112.31895 Investigative procedures in response to
11 prohibited personnel actions.--
12 (3) CORRECTIVE ACTION AND TERMINATION OF
13 INVESTIGATION.--
14 (e)1. The Florida Commission on Human Relations may
15 request an agency or circuit court to order a stay, on such
16 terms as the court requires, of any personnel action for 45
17 days if the Florida Commission on Human Relations determines
18 that reasonable grounds exist to believe that a prohibited
19 personnel action has occurred, is occurring, or is to be
20 taken. The Florida Commission on Human Relations may request
21 that such stay be extended for appropriate periods of time.
22 2. If, in connection with any investigation, the
23 Florida Commission on Human Relations determines that
24 reasonable grounds exist to believe that a prohibited action
25 has occurred, is occurring, or is to be taken which requires
26 corrective action, the Florida Commission on Human Relations
27 shall report the determination together with any findings or
28 recommendations to the agency head and may report that
29 determination and those findings and recommendations to the
30 Governor and the Chief Financial Officer Comptroller. The
31
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1 Florida Commission on Human Relations may include in the
2 report recommendations for corrective action to be taken.
3 3. If, after 20 days, the agency does not implement
4 the recommended action, the Florida Commission on Human
5 Relations shall terminate the investigation and notify the
6 complainant of the right to appeal under subsection (4), or
7 may petition the agency for corrective action under this
8 subsection.
9 4. If the Florida Commission on Human Relations finds,
10 in consultation with the individual subject to the prohibited
11 action, that the agency has implemented the corrective action,
12 the commission shall file such finding with the agency head,
13 together with any written comments that the individual
14 provides, and terminate the investigation.
15 Section 135. Effective January 7, 2003, paragraph (f)
16 of subsection (5) of section 112.3215, Florida Statutes, is
17 amended to read:
18 112.3215 Lobbyists before the executive branch or the
19 Constitution Revision Commission; registration and reporting;
20 investigation by commission.--
21 (5)
22 (f) The commission shall provide by rule a procedure
23 by which a lobbyist who fails to timely file a report shall be
24 notified and assessed fines. The rule shall provide for the
25 following:
26 1. Upon determining that the report is late, the
27 person designated to review the timeliness of reports shall
28 immediately notify the lobbyist as to the failure to timely
29 file the report and that a fine is being assessed for each
30 late day. The fine shall be $50 per day per report for each
31 late day up to a maximum of $5,000 per late report.
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1 2. Upon receipt of the report, the person designated
2 to review the timeliness of reports shall determine the amount
3 of the fine due based upon the earliest of the following:
4 a. When a report is actually received by the lobbyist
5 registration and reporting office.
6 b. When the report is postmarked.
7 c. When the certificate of mailing is dated.
8 d. When the receipt from an established courier
9 company is dated.
10 3. Such fine shall be paid within 30 days after the
11 notice of payment due is transmitted by the Lobbyist
12 Registration Office, unless appeal is made to the commission.
13 The moneys shall be deposited into the Executive Branch Lobby
14 Registration Trust Fund.
15 4. A fine shall not be assessed against a lobbyist the
16 first time any reports for which the lobbyist is responsible
17 are not timely filed. However, to receive the one-time fine
18 waiver, all reports for which the lobbyist is responsible must
19 be filed within 30 days after the notice that any reports have
20 not been timely filed is transmitted by the Lobbyist
21 Registration Office. A fine shall be assessed for any
22 subsequent late-filed reports.
23 5. Any lobbyist may appeal or dispute a fine, based
24 upon unusual circumstances surrounding the failure to file on
25 the designated due date, and may request and shall be entitled
26 to a hearing before the commission, which shall have the
27 authority to waive the fine in whole or in part for good cause
28 shown. Any such request shall be made within 30 days after
29 the notice of payment due is transmitted by the Lobbyist
30 Registration Office. In such case, the lobbyist shall, within
31 the 30-day period, notify the person designated to review the
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1 timeliness of reports in writing of his or her intention to
2 bring the matter before the commission.
3 6. The person designated to review the timeliness of
4 reports shall notify the commission of the failure of a
5 lobbyist to file a report after notice or of the failure of a
6 lobbyist to pay the fine imposed.
7 7. Notwithstanding any provision of chapter 120, any
8 fine imposed under this subsection that is not waived by final
9 order of the commission and that remains unpaid more than 60
10 days after the notice of payment due or more than 60 days
11 after the commission renders a final order on the lobbyist's
12 appeal shall be collected by the Chief Financial Officer
13 Department of Banking and Finance as a claim, debt, or other
14 obligation owed to the state, and the Chief Financial Officer
15 department may assign the collection of such fine to a
16 collection agent as provided in s. 17.20.
17 Section 136. Effective January 7, 2003, subsection (4)
18 of section 112.63, Florida Statutes, is amended to read:
19 112.63 Actuarial reports and statements of actuarial
20 impact; review.--
21 (4) Upon receipt, pursuant to subsection (2), of an
22 actuarial report, or upon receipt, pursuant to subsection (3),
23 of a statement of actuarial impact, the Department of
24 Management Services shall acknowledge such receipt, but shall
25 only review and comment on each retirement system's or plan's
26 actuarial valuations at least on a triennial basis. If the
27 department finds that the actuarial valuation is not complete,
28 accurate, or based on reasonable assumptions, or if the
29 department does not receive the actuarial report or statement
30 of actuarial impact, the department shall notify the local
31 government and request appropriate adjustment. If, after a
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1 reasonable period of time, a satisfactory adjustment is not
2 made, the affected local government or the department may
3 petition for a hearing under the provisions of ss. 120.569 and
4 120.57. If the administrative law judge recommends in favor of
5 the department, the department shall perform an actuarial
6 review or prepare the statement of actuarial impact. The cost
7 to the department of performing such actuarial review or
8 preparing such statement shall be charged to the governmental
9 entity of which the employees are covered by the retirement
10 system or plan. If payment of such costs is not received by
11 the department within 60 days after receipt by the
12 governmental entity of the request for payment, the department
13 shall certify to the Chief Financial Officer Comptroller the
14 amount due, and the Chief Financial Officer Comptroller shall
15 pay such amount to the department from any funds payable to
16 the governmental entity of which the employees are covered by
17 the retirement system or plan. If the administrative law
18 judge recommends in favor of the local retirement system and
19 the department performs an actuarial review, the cost to the
20 department of performing the actuarial review shall be paid by
21 the department.
22 Section 137. Effective January 7, 2003, section
23 116.03, Florida Statutes, is amended to read:
24 116.03 Officers to report fees collected.--Each state
25 and county officer who receives all or any part of his or her
26 compensation in fees or commissions, or other remuneration,
27 shall keep a complete report of all fees and commissions, or
28 other remuneration collected, and shall make a report to the
29 Chief Financial Officer Department of Banking and Finance of
30 all such fees and commissions, or other remuneration, annually
31 on December 31 of each and every year. Such report shall be
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1 made upon forms to be prescribed from time to time by the
2 Chief Financial Officer department, and shall show in detail
3 the source, character, and amount of all the state or county
4 officer's his or her official expenses and the net amount that
5 the office has paid up to the time of making such report. All
6 officers shall make out, fill in and subscribe and properly
7 forward to the Chief Financial Officer department such
8 reports, and swear to the accuracy and competency of such
9 reports.
10 Section 138. Effective January 7, 2003, section
11 116.04, Florida Statutes, is amended to read:
12 116.04 Failure of officer to make sworn report of
13 fees.--Any officer who shall fail or refuse to make,
14 subscribe, and swear, or to file with the Chief Financial
15 Officer Department of Banking and Finance a report of all
16 fees, commissions, or other remuneration collected, as
17 required by law, or if any officer shall knowingly or
18 willfully make false or incomplete reports, or in any report
19 violate any of the provisions of s. 116.03 he or she shall be
20 guilty of a misdemeanor of the first degree, punishable as
21 provided in s. 775.082 or s. 775.083.
22 Section 139. Effective January 7, 2003, section
23 116.05, Florida Statutes, is amended to read:
24 116.05 Examination and publication by Chief Financial
25 Officer Department of Banking and Finance.--The Chief
26 Financial Officer Department of Banking and Finance shall have
27 examined and verified any of the reports received under s.
28 116.03 whenever in his or her its judgment the same may be
29 necessary, and the Chief Financial Officer department shall
30 cause the matter and things in each of said reports to be
31 published one time in a newspaper published in the county in
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1 which such report originated, in such form as the Chief
2 Financial Officer it shall direct, and the expense of such
3 publication shall be paid by the county commissioners of such
4 county.
5 Section 140. Effective January 7, 2003, section
6 116.06, Florida Statutes, is amended to read:
7 116.06 Summary of reports; certain officers not
8 required to report fees.--A summary of all such reports shall
9 be included by the Chief Financial Officer Department of
10 Banking and Finance in his or her its annual report to the
11 Governor, except that jurors and notaries public shall not be
12 required to make such reports as provided for in s. 116.03.
13 Section 141. Effective January 7, 2003, section
14 116.14, Florida Statutes, is amended to read:
15 116.14 Receipts required from purchasers of state
16 property.--Upon the sale of any state property by the
17 superintendent and presidents of state institutions as
18 provided by law, they shall take receipt for the same from the
19 purchaser, which receipt shall be forwarded, together with the
20 proceeds of the sale, to the Chief Financial Officer State
21 Treasurer.
22 Section 142. Effective January 7, 2003, paragraph (c)
23 of subsection (15) of section 120.52, Florida Statutes, is
24 amended to read:
25 120.52 Definitions.--As used in this act:
26 (15) "Rule" means each agency statement of general
27 applicability that implements, interprets, or prescribes law
28 or policy or describes the procedure or practice requirements
29 of an agency and includes any form which imposes any
30 requirement or solicits any information not specifically
31 required by statute or by an existing rule. The term also
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1 includes the amendment or repeal of a rule. The term does not
2 include:
3 (c) The preparation or modification of:
4 1. Agency budgets.
5 2. Statements, memoranda, or instructions to state
6 agencies issued by the Chief Financial Officer Comptroller as
7 chief fiscal officer of the state and relating or pertaining
8 to claims for payment submitted by state agencies to the Chief
9 Financial Officer Comptroller.
10 3. Contractual provisions reached as a result of
11 collective bargaining.
12 4. Memoranda issued by the Executive Office of the
13 Governor relating to information resources management.
14 Section 143. Effective January 7, 2003, paragraph (a)
15 of subsection (3) and subsection (9) of section 120.80,
16 Florida Statutes, are amended to read:
17 120.80 Exceptions and special requirements;
18 agencies.--
19 (3) OFFICE OF THE COMMISSIONER OF FINANCIAL SERVICES
20 DEPARTMENT OF BANKING AND FINANCE.--
21 (a) Notwithstanding s. 120.60(1), in proceedings for
22 the issuance, denial, renewal, or amendment of a license or
23 approval of a merger pursuant to title XXXVIII:
24 1.a. The Department of Insurance and Financial
25 Services Banking and Finance shall have published in the
26 Florida Administrative Weekly notice of the application within
27 21 days after receipt.
28 b. Within 21 days after publication of notice, any
29 person may request a hearing. Failure to request a hearing
30 within 21 days after notice constitutes a waiver of any right
31 to a hearing. The Department of Insurance and Financial
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1 Services Banking and Finance or an applicant may request a
2 hearing at any time prior to the issuance of a final order.
3 Hearings shall be conducted pursuant to ss. 120.569 and
4 120.57, except that the Department of Insurance and Financial
5 Services Banking and Finance shall by rule provide for
6 participation by the general public.
7 2. Should a hearing be requested as provided by
8 sub-subparagraph 1.b., the applicant or licensee shall publish
9 at its own cost a notice of the hearing in a newspaper of
10 general circulation in the area affected by the application.
11 The Department of Insurance and Financial Services Banking and
12 Finance may by rule specify the format and size of the notice.
13 3. Notwithstanding s. 120.60(1), and except as
14 provided in subparagraph 4., every application for license for
15 a new bank, new trust company, new credit union, or new
16 savings and loan association shall be approved or denied
17 within 180 days after receipt of the original application or
18 receipt of the timely requested additional information or
19 correction of errors or omissions. Any application for such a
20 license or for acquisition of such control which is not
21 approved or denied within the 180-day period or within 30 days
22 after conclusion of a public hearing on the application,
23 whichever is later, shall be deemed approved subject to the
24 satisfactory completion of conditions required by statute as a
25 prerequisite to license and approval of insurance of accounts
26 for a new bank, a new savings and loan association, or a new
27 credit union by the appropriate insurer.
28 4. In the case of every application for license to
29 establish a new bank, trust company, or capital stock savings
30 association in which a foreign national proposes to own or
31 control 10 percent or more of any class of voting securities,
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1 and in the case of every application by a foreign national for
2 approval to acquire control of a bank, trust company, or
3 capital stock savings association, the Department of Insurance
4 and Financial Services Banking and Finance shall request that
5 a public hearing be conducted pursuant to ss. 120.569 and
6 120.57. Notice of such hearing shall be published by the
7 applicant as provided in subparagraph 2. The failure of any
8 such foreign national to appear personally at the hearing
9 shall be grounds for denial of the application.
10 Notwithstanding the provisions of s. 120.60(1) and
11 subparagraph 3., every application involving a foreign
12 national shall be approved or denied within 1 year after
13 receipt of the original application or any timely requested
14 additional information or the correction of any errors or
15 omissions, or within 30 days after the conclusion of the
16 public hearing on the application, whichever is later.
17 (9) OFFICE DEPARTMENT OF THE INSURANCE
18 COMMISSIONER.--Notwithstanding s. 120.60(1), every application
19 for a certificate of authority as required by s. 624.401 shall
20 be approved or denied within 180 days after receipt of the
21 original application. Any application for a certificate of
22 authority which is not approved or denied within the 180-day
23 period, or within 30 days after conclusion of a public hearing
24 held on the application, shall be deemed approved, subject to
25 the satisfactory completion of conditions required by statute
26 as a prerequisite to licensure.
27 Section 144. Effective January 7, 2003, paragraph (a)
28 of subsection (2) of section 121.061, Florida Statutes, is
29 amended to read:
30 121.061 Funding.--
31
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1 (2)(a) Should any employer other than a state employer
2 fail to make the retirement and social security contributions,
3 both member and employer contributions, required by this
4 chapter, then, upon request by the administrator, the
5 Department of Revenue or the Chief Financial Officer
6 Department of Banking and Finance, as the case may be, shall
7 deduct the amount owed by the employer from any funds to be
8 distributed by it to the county, city, special district, or
9 consolidated form of government. The amounts so deducted
10 shall be transferred to the administrator for further
11 distribution to the trust funds in accordance with this
12 chapter.
13 Section 145. Effective January 7, 2003, section
14 121.133, Florida Statutes, is amended to read:
15 121.133 Cancellation of uncashed
16 warrants.--Notwithstanding the provisions of s. 17.26 or s.
17 717.123 to the contrary, effective July 1, 1998, if any state
18 warrant issued by the Chief Financial Officer Comptroller for
19 the payment of retirement benefits from the Florida Retirement
20 System Trust Fund, or any other pension trust fund
21 administered by the department, is not presented for payment
22 within 1 year after the last day of the month in which it was
23 originally issued, the Chief Financial Officer Comptroller
24 shall cancel the benefit warrant and credit the amount of the
25 warrant to the Florida Retirement System Trust Fund or other
26 pension trust fund administered by the department, as
27 appropriate. The department may provide for issuance of a
28 replacement warrant when deemed appropriate.
29 Section 146. Effective January 7, 2003, subsection (3)
30 of section 122.061, Florida Statutes, is amended to read:
31
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1 122.061 Hospital districts and county hospital
2 corporations; officers and employees included.--
3 (3) The rights of any officer or employee who is a
4 member of the State and County Officers and Employees'
5 Retirement System or who is receiving benefits under the
6 provisions of this chapter, by virtue of Attorney General's
7 opinion and Chief Financial Officer's Comptroller's rulings
8 rendered prior to the declaratory decree of the Circuit Court
9 of the Second Judicial Circuit of Florida, March 1957, shall
10 not be impaired or reduced.
11 Section 147. Effective January 7, 2003, paragraph (b)
12 of subsection (4) of section 122.35, Florida Statutes, is
13 amended to read:
14 122.35 Funding.--
15 (4) Effective October 1, 1967, the proceeds of the
16 intangible tax collections of the state remaining after the
17 payment of administrative expenses, commissions which are
18 applicable, and other costs incident to its collection shall
19 be set aside into an account designated as account B of the
20 Intangible Tax Trust Fund, which account shall also receive
21 all of the matching payments for retirement and social
22 security remitted by each officer or board as provided in
23 subsection (1). The amounts received and deposited into
24 account B of the Intangible Tax Trust Fund are appropriated
25 and shall be used for the following purposes and paid out on
26 the priority basis as shown below:
27 (b) After the retirement and social security
28 contributions of all members have been matched as provided in
29 paragraph (a), the balance remaining in account B of the
30 Intangible Tax Trust Fund shall be distributed as follows:
31
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1 1. Each county shall receive each fiscal year ending
2 June 30 an allocation in an amount equal to 55 percent of the
3 total net intangible taxes collected and remitted to the
4 Department of Revenue by the tax collector of the county
5 during the prior fiscal year.
6 a. Commencing October 1, 1967, and every October 1
7 thereafter and continuing on the first day of each subsequent
8 month through June 30 of each fiscal year each board of county
9 commissions of the several counties of the state shall receive
10 an allocation from account B of the Intangible Tax Trust Fund.
11 This allocation shall not include the school boards of the
12 several counties of the state. The amount of said monthly
13 allocation shall be equal to the average amount required to be
14 matched by the Intangible Tax Trust Fund for the corresponding
15 months during the 1966-1967 fiscal year as computed by the
16 Chief Financial Officer Comptroller, or one-twelfth of the
17 Chief Financial Officer's Comptroller's estimate of the
18 county's allocation, whichever is smaller, and an adjustment
19 to reconcile the monthly allocations with the actual amount to
20 be received pursuant to this subparagraph, shall be made not
21 later than 60 days after the end of the fiscal year.
22 b. Each county, county agency and school board shall
23 pay all matching cost for retirement and social security as
24 required by this act and s. 238.11(1), notwithstanding the
25 provisions of any other law.
26 2. The balance remaining in account B of the
27 Intangible Tax Trust Fund after the retirement and social
28 security contributions have been matched and the allocations
29 to each county have been paid as provided in this act, shall
30 be paid over to the General Revenue Fund of the state.
31
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1 Section 148. Effective January 7, 2003, paragraphs (a)
2 and (b) of subsection (11) of section 125.0104, Florida
3 Statutes, are amended to read:
4 125.0104 Tourist development tax; procedure for
5 levying; authorized uses; referendum; enforcement.--
6 (11) INTEREST PAID ON DISTRIBUTIONS.--
7 (a) Interest shall be paid on undistributed taxes
8 collected and remitted to the Department of Revenue under this
9 section. Such interest shall be included along with the tax
10 proceeds distributed to the counties and shall be paid from
11 moneys transferred from the General Revenue Fund. The
12 department shall calculate the interest for net tax
13 distributions using the average daily rate that was earned by
14 the State Treasury for the preceding calendar quarter and paid
15 to the General Revenue Fund. This rate shall be certified by
16 the Chief Financial Officer Treasurer to the department by the
17 20th day following the close of each quarter.
18 (b) The interest applicable to taxes collected under
19 this section shall be calculated by multiplying the tax
20 amounts to be distributed times the daily rate times the
21 number of days after the third working day following the date
22 the tax is due and payable pursuant to s. 212.11 until the
23 date the department issues a voucher to request the Chief
24 Financial Officer Comptroller to issue the payment warrant.
25 The warrant shall be issued within 7 days after the request.
26 Section 149. Effective January 7, 2003, paragraph (b)
27 of subsection (2) of section 129.201, Florida Statutes, is
28 amended to read:
29 129.201 Budget of supervisor of elections; manner and
30 time of preparation and presentation.--
31 (2)
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1 (b) To the extent appropriate, the budget shall be
2 further itemized in conformance with the Uniform Accounting
3 System for Local Units of Government in Florida promulgated by
4 rule of the Chief Financial Officer Comptroller of the state.
5 Section 150. Effective January 7, 2003, section
6 131.05, Florida Statutes, is amended to read:
7 131.05 Disposition of proceeds of sale.--In the event
8 refunding bonds are issued under the provisions of this
9 chapter prior to the date of maturity or option date of the
10 obligations proposed to be refunded, the proceeds of said
11 refunding bonds shall be deposited in a bank or trust company
12 within the state, which depository shall give a surety bond,
13 or other such bonds as are authorized by law to be accepted
14 for securing county and city funds, satisfactory to the Chief
15 Financial Officer Department of Banking and Finance for the
16 full amount of money so deposited, and the funds so deposited
17 shall only be withdrawn with the approval of the Chief
18 Financial Officer department, for the purpose of paying the
19 obligations to refund which said bonds were issued.
20 Section 151. Effective January 7, 2003, section
21 137.09, Florida Statutes, is amended to read:
22 137.09 Justification and approval of bonds.--Each
23 surety upon every bond of any county officer shall make
24 affidavit that he or she is a resident of the county for which
25 the officer is to be commissioned, and that he or she has
26 sufficient visible property therein unencumbered and not
27 exempt from sale under legal process to make good his or her
28 bond. Every such bond shall be approved by the board of
29 county commissioners and by the Chief Financial Officer
30 Department of Banking and Finance when they and he or she it
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1 are satisfied in their judgment that the same is legal,
2 sufficient, and proper to be approved.
3 Section 152. Effective January 7, 2003, section
4 145.141, Florida Statutes, is amended to read:
5 145.141 Deficiency to be paid by board of county
6 commissioners.--Should any county officer have insufficient
7 revenue from the income of his or her office, after paying
8 office personnel and expenses, to pay his or her total annual
9 salary, the board of county commissioners shall pay any
10 deficiency in salary from the general revenue fund and notify
11 the Chief Financial Officer Department of Banking and Finance.
12 The deficiency shall be listed in the comptroller's annual
13 report of county finances and county fee officers.
14 Section 153. Effective January 7, 2003, subsections
15 (1) and (2) of section 154.02, Florida Statutes, are amended
16 to read:
17 154.02 County Health Department Trust Fund.--
18 (1) To enable counties to provide public health
19 services and maintain public health equipment and facilities,
20 each county in the state with a population exceeding 100,000,
21 according to the last state census, may levy an annual tax not
22 exceeding 0.5 mill; each county in the state with a population
23 exceeding 40,000 and not exceeding 100,000, according to the
24 last state census, may levy an annual tax not exceeding 1
25 mill; and each county in the state with a population not
26 exceeding 40,000, according to the last state census, may levy
27 an annual tax not exceeding 2 mills, on the dollar on all
28 taxable property in such county, the proceeds of which tax, if
29 so contracted with the state, shall be paid to the Chief
30 Financial Officer Treasurer. However, the board of county
31 commissioners may elect to pay in 12 equal monthly
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1 installments. Such funds in the hands of the Chief Financial
2 Officer Treasurer shall be placed in the county health
3 department trust funds of the county by which such funds were
4 raised, and such funds shall be expended by the Department of
5 Health solely for the purpose of carrying out the intent and
6 object of the public health contract.
7 (2) The Chief Financial Officer Treasurer shall
8 maintain a full-time County Health Department Trust Fund which
9 shall contain all state and local funds to be expended by
10 county health departments. Such funds shall be expended by
11 the Department of Health solely for the purposes of carrying
12 out the intent and purpose of this part. Federal funds may be
13 deposited in the trust fund.
14 Section 154. Effective January 7, 2003, subsection (1)
15 of section 154.03, Florida Statutes, is amended to read:
16 154.03 Cooperation with Department of Health and
17 United States Government.--
18 (1) The county commissioners of any county may agree
19 with the Department of Health upon the expenditure by the
20 department in such county of any funds allotted for that
21 purpose by the department or received by it for such purposes
22 from private contributions or other sources, and such funds
23 shall be paid to the Chief Financial Officer Treasurer and
24 shall form a part of the full-time county health department
25 trust fund of such county; and such funds shall be expended by
26 the department solely for the purposes of this chapter. The
27 department is further authorized to arrange and agree with the
28 United States Government, through its duly authorized
29 officials, for the allocation and expenditure by the United
30 States of funds of the United States in the study of causes of
31 disease and prevention thereof in such full-time county health
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1 departments when and where established by the department under
2 this part.
3 Section 155. Effective January 7, 2003, section
4 154.05, Florida Statutes, is amended to read:
5 154.05 Cooperation and agreements between
6 counties.--Two or more counties may combine in the
7 establishment and maintenance of a single full-time county
8 health department for the counties which combine for that
9 purpose; and, pursuant to such combination or agreement, such
10 counties may cooperate with one another and the Department of
11 Health and contribute to a joint fund in carrying out the
12 purpose and intent of this chapter. The duration and nature
13 of such agreement shall be evidenced by resolutions of the
14 boards of county commissioners of such counties and shall be
15 submitted to and approved by the department. In the event of
16 any such agreement, a full-time county health department shall
17 be established and maintained by the department in and for the
18 benefit of the counties which have entered into such an
19 agreement; and, in such case, the funds raised by taxation
20 pursuant to this chapter by each such county shall be paid to
21 the Chief Financial Officer Treasurer for the account of the
22 department and shall be known as the full-time county health
23 department trust fund of the counties so cooperating. Such
24 trust funds shall be used and expended by the department for
25 the purposes specified in this chapter in each county which
26 has entered into such agreement. In case such an agreement is
27 entered into between two or more counties, the work
28 contemplated by this chapter shall be done by a single
29 full-time county health department in the counties so
30 cooperating; and the nature, extent, and location of such work
31 shall be under the control and direction of the department.
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1 Section 156. Effective January 7, 2003, subsection (2)
2 of section 154.06, Florida Statutes, is amended to read:
3 154.06 Fees and services rendered; authority.--
4 (2) All funds collected under this section shall be
5 expended solely for the purpose of providing health services
6 and facilities within the county served by the county health
7 department. Fees collected by county health departments
8 pursuant to department rules shall be deposited with the Chief
9 Financial Officer Treasurer and credited to the County Health
10 Department Trust Fund. Fees collected by the county health
11 department for public health services or personal health
12 services shall be allocated to the state and the county based
13 upon the pro rata share of funding for each such service. The
14 board of county commissioners, if it has so contracted, shall
15 provide for the transmittal of funds collected for its pro
16 rata share of personal health services or primary care
17 services rendered under the provisions of this section to the
18 State Treasury for credit to the County Health Department
19 Trust Fund, but in any event the proceeds from such fees may
20 only be used to fund county health department services.
21 Section 157. Effective January 7, 2003, paragraphs (d)
22 and (e) of subsection (17) of section 154.209, Florida
23 Statutes, are amended to read:
24 154.209 Powers of authority.--The purpose of the
25 authority shall be to assist health facilities in the
26 acquisition, construction, financing, and refinancing of
27 projects in any corporated or unincorporated area within the
28 geographical limits of the local agency. For this purpose,
29 the authority is authorized and empowered:
30 (17) To issue special obligation revenue bonds for the
31 purpose of establishing and maintaining the self-insurance
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1 pool and to provide reserve funds in connection therewith,
2 such bonds to be payable from funds available in the pool from
3 time to time or from assessments against participating health
4 facilities for the purpose of providing required contributions
5 to the fund. With respect to the issuance of such bonds or
6 notes the following provisions shall apply:
7 (d) Any self-insurance pool funded pursuant to this
8 section shall maintain excess insurance which provides
9 specific and aggregate limits and a retention level determined
10 in accordance with sound actuarial principles. The Department
11 of Insurance and Financial Services may waive this requirement
12 if the fund demonstrates that its operation is and will be
13 actuarially sound without obtaining excess insurance.
14 (e) Prior to the issuance of any bonds pursuant to
15 this section for the purpose of acquiring liability coverage
16 contracts from the self-insurance pool, the Department of
17 Insurance and Financial Services shall certify that excess
18 liability coverage for the health facility is reasonably
19 unobtainable in the amounts provided by such pool or that the
20 liability coverage obtained through acquiring contracts from
21 the self-insurance pool, after taking into account costs of
22 issuance of bonds and any other administrative fees, is less
23 expensive to the health facility than similar commercial
24 coverage then reasonably available.
25 Section 158. Effective January 7, 2003, section
26 154.314, Florida Statutes, is amended to read:
27 154.314 Certification of the State of Florida.--
28 (1) In the event payment for the costs of services
29 rendered by a participating hospital or a regional referral
30 hospital is not received from the responsible county within 90
31 days of receipt of a statement for services rendered to a
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1 qualified indigent who is a certified resident of the county,
2 or if the payment is disputed and said payment is not received
3 from the county determined to be responsible within 60 days of
4 the date of exhaustion of all administrative and legal
5 remedies, the hospital shall certify to the Chief Financial
6 Officer Comptroller the amount owed by the county.
7 (2) The Chief Financial Officer Comptroller shall have
8 no longer than 45 days from the date of receiving the
9 hospital's certified notice to forward the amount delinquent
10 to the appropriate hospital from any funds due to the county
11 under any revenue-sharing or tax-sharing fund established by
12 the state, except as otherwise provided by the State
13 Constitution. The Chief Financial Officer Comptroller shall
14 provide the Governor and the fiscal committees in the House of
15 Representatives and the Senate with a quarterly accounting of
16 the amounts certified by hospitals as owed by counties and the
17 amount paid to hospitals out of any revenue or tax sharing
18 funds due to the county.
19 Section 159. Effective January 7, 2003, paragraph (e)
20 of subsection (7) of section 163.01, Florida Statutes, is
21 amended to read:
22 163.01 Florida Interlocal Cooperation Act of 1969.--
23 (7)
24 (e)1. Notwithstanding the provisions of paragraph (c),
25 any separate legal entity, created pursuant to the provisions
26 of this section and controlled by counties or municipalities
27 of this state, the membership of which consists or is to
28 consist only of public agencies of this state, may, for the
29 purpose of financing acquisition of liability coverage
30 contracts from one or more local government liability pools to
31 provide liability coverage for counties, municipalities, or
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1 other public agencies of this state, exercise all powers in
2 connection with the authorization, issuance, and sale of
3 bonds. All of the privileges, benefits, powers, and terms of
4 s. 125.01 relating to counties and s. 166.021 relating to
5 municipalities shall be fully applicable to such entity and
6 such entity shall be considered a unit of local government for
7 all of the privileges, benefits, powers, and terms of part I
8 of chapter 159. Bonds issued by such entity shall be deemed
9 issued on behalf of counties, municipalities, or public
10 agencies which enter into loan agreements with such entity as
11 provided in this paragraph. Proceeds of bonds issued by such
12 entity may be loaned to counties, municipalities, or other
13 public agencies of this state, whether or not such counties,
14 municipalities, or other public agencies are also members of
15 the entity issuing the bonds, and such counties,
16 municipalities, or other public agencies may in turn deposit
17 such loan proceeds with a separate local government liability
18 pool for purposes of acquiring liability coverage contracts.
19 2. Counties or municipalities of this state are
20 authorized pursuant to this section, in addition to the
21 authority provided by s. 125.01, part II of chapter 166, and
22 other applicable law, to issue bonds for the purpose of
23 acquiring liability coverage contracts from a local government
24 liability pool. Any individual county or municipality may, by
25 entering into interlocal agreements with other counties,
26 municipalities, or public agencies of this state, issue bonds
27 on behalf of itself and other counties, municipalities, or
28 other public agencies, for purposes of acquiring a liability
29 coverage contract or contracts from a local government
30 liability pool. Counties, municipalities, or other public
31 agencies are also authorized to enter into loan agreements
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1 with any entity created pursuant to subparagraph 1., or with
2 any county or municipality issuing bonds pursuant to this
3 subparagraph, for the purpose of obtaining bond proceeds with
4 which to acquire liability coverage contracts from a local
5 government liability pool. No county, municipality, or other
6 public agency shall at any time have more than one loan
7 agreement outstanding for the purpose of obtaining bond
8 proceeds with which to acquire liability coverage contracts
9 from a local government liability pool. Obligations of any
10 county, municipality, or other public agency of this state
11 pursuant to a loan agreement as described above may be
12 validated as provided in chapter 75. Prior to the issuance of
13 any bonds pursuant to subparagraph 1. or this subparagraph for
14 the purpose of acquiring liability coverage contracts from a
15 local government liability pool, the reciprocal insurer or the
16 manager of any self-insurance program shall demonstrate to the
17 satisfaction of the Department of Insurance and Financial
18 Services that excess liability coverage for counties,
19 municipalities, or other public agencies is reasonably
20 unobtainable in the amounts provided by such pool or that the
21 liability coverage obtained through acquiring contracts from a
22 local government liability pool, after taking into account
23 costs of issuance of bonds and any other administrative fees,
24 is less expensive to counties, municipalities, or special
25 districts than similar commercial coverage then reasonably
26 available.
27 3. Any entity created pursuant to this section or any
28 county or municipality may also issue bond anticipation notes,
29 as provided by s. 215.431, in connection with the
30 authorization, issuance, and sale of such bonds. In addition,
31 the governing body of such legal entity or the governing body
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1 of such county or municipality may also authorize bonds to be
2 issued and sold from time to time and may delegate, to such
3 officer, official, or agent of such legal entity as the
4 governing body of such legal entity may select, the power to
5 determine the time; manner of sale, public or private;
6 maturities; rate or rates of interest, which may be fixed or
7 may vary at such time or times and in accordance with a
8 specified formula or method of determination; and other terms
9 and conditions as may be deemed appropriate by the officer,
10 official, or agent so designated by the governing body of such
11 legal entity. However, the amounts and maturities of such
12 bonds and the interest rate or rates of such bonds shall be
13 within the limits prescribed by the governing body of such
14 legal entity and its resolution delegating to such officer,
15 official, or agent the power to authorize the issuance and
16 sale of such bonds. Any series of bonds issued pursuant to
17 this paragraph shall mature no later than 7 years following
18 the date of issuance thereof.
19 4. Bonds issued pursuant to subparagraph 1. may be
20 validated as provided in chapter 75. The complaint in any
21 action to validate such bonds shall be filed only in the
22 Circuit Court for Leon County. The notice required to be
23 published by s. 75.06 shall be published in Leon County and in
24 each county which is an owner of the entity issuing the bonds,
25 or in which a member of the entity is located, and the
26 complaint and order of the circuit court shall be served only
27 on the State Attorney of the Second Judicial Circuit and on
28 the state attorney of each circuit in each county or
29 municipality which is an owner of the entity issuing the bonds
30 or in which a member of the entity is located.
31
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1 5. Bonds issued pursuant to subparagraph 2. may be
2 validated as provided in chapter 75. The complaint in any
3 action to validate such bonds shall be filed in the circuit
4 court of the county or municipality which will issue the
5 bonds. The notice required to be published by s. 75.06 shall
6 be published only in the county where the complaint is filed,
7 and the complaint and order of the circuit court shall be
8 served only on the state attorney of the circuit in the county
9 or municipality which will issue the bonds.
10 6. The participation by any county, municipality, or
11 other public agency of this state in a local government
12 liability pool shall not be deemed a waiver of immunity to the
13 extent of liability coverage, nor shall any contract entered
14 regarding such a local government liability pool be required
15 to contain any provision for waiver.
16 Section 160. Effective January 7, 2003, subsections
17 (4), (5), (6), (7), (8), and (9) of section 163.05, Florida
18 Statutes, are amended to read:
19 163.05 Small County Technical Assistance Program.--
20 (4) The Chief Financial Officer Comptroller shall
21 enter into contracts with program providers who shall:
22 (a) Be a public agency or private, nonprofit
23 corporation, association, or entity.
24 (b) Use existing resources, services, and information
25 that are available from state or local agencies, universities,
26 or the private sector.
27 (c) Seek and accept funding from any public or private
28 source.
29 (d) Annually submit information to assist the
30 Legislative Committee on Intergovernmental Relations in
31
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1 preparing a performance review that will include an analysis
2 of the effectiveness of the program.
3 (e) Assist small counties in developing alternative
4 revenue sources.
5 (f) Provide assistance to small counties in the areas
6 of financial management, accounting, investing, purchasing,
7 planning and budgeting, debt issuance, public management,
8 management systems, computers and information technology, and
9 public safety management.
10 (g) Provide for an annual independent financial audit
11 of the program.
12 (h) In each county served, conduct a needs assessment
13 upon which the assistance provided for that county will be
14 designed.
15 (5)(a) The Chief Financial Officer Comptroller shall
16 issue a request for proposals to provide assistance to small
17 counties. At the request of the Chief Financial Officer
18 Comptroller, the Legislative Committee on Intergovernmental
19 Relations shall assist in the preparation of the request for
20 proposals.
21 (b) The Chief Financial Officer Comptroller shall
22 review each contract proposal submitted.
23 (c) The Legislative Committee on Intergovernmental
24 Relations shall review each contract proposal and submit to
25 the Chief Financial Officer Comptroller, in writing, advisory
26 comments and recommendations, citing with specificity the
27 reasons for its recommendations.
28 (d) The Chief Financial Officer Comptroller and the
29 council shall consider the following factors in reviewing
30 contract proposals:
31
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1 1. The demonstrated capacity of the provider to
2 conduct needs assessments and implement the program as
3 proposed.
4 2. The number of small counties to be served under the
5 proposal.
6 3. The cost of the program as specified in a proposed
7 budget.
8 4. The short-term and long-term benefits of the
9 assistance to small counties.
10 5. The form and extent to which existing resources,
11 services, and information that are available from state and
12 local agencies, universities, and the private sector will be
13 used by the provider under the contract.
14 (6) A decision of the Chief Financial Officer
15 Comptroller to award a contract under this section is final
16 and shall be in writing with a copy provided to the
17 Legislative Committee on Intergovernmental Relations.
18 (7) The Chief Financial Officer Comptroller may enter
19 into contracts and agreements with other state and local
20 agencies and with any person, association, corporation, or
21 entity other than the program providers, for the purpose of
22 administering this section.
23 (8) The Chief Financial Officer Comptroller shall
24 provide fiscal oversight to ensure that funds expended for the
25 program are used in accordance with the contracts entered into
26 pursuant to subsection (4).
27 (9) The Legislative Committee on Intergovernmental
28 Relations shall annually conduct a performance review of the
29 program. The findings of the review shall be presented in a
30 report submitted to the Governor, the President of the Senate,
31
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1 the Speaker of the House of Representatives, and the Chief
2 Financial Officer Comptroller by January 15 of each year.
3 Section 161. Effective January 7, 2003, subsections
4 (4), (5), (6), (7), (8), and (9) of section 163.055, Florida
5 Statutes, are amended to read:
6 163.055 Local Government Financial Technical
7 Assistance Program.--
8 (4) The Chief Financial Officer Comptroller shall
9 enter into contracts with program providers who shall:
10 (a) Be a public agency or private, nonprofit
11 corporation, association, or entity.
12 (b) Use existing resources, services, and information
13 that are available from state or local agencies, universities,
14 or the private sector.
15 (c) Seek and accept funding from any public or private
16 source.
17 (d) Annually submit information to assist the
18 Legislative Committee on Intergovernmental Relations in
19 preparing a performance review that will include an analysis
20 of the effectiveness of the program.
21 (e) Assist municipalities and independent special
22 districts in developing alternative revenue sources.
23 (f) Provide for an annual independent financial audit
24 of the program, if the program receives funding.
25 (g) Provide assistance to municipalities and special
26 districts in the areas of financial management, accounting,
27 investing, budgeting, and debt issuance.
28 (h) Develop a needs assessment to determine where
29 assistance should be targeted, and to establish a priority
30 system to deliver assistance to those jurisdictions most in
31 need through the most economical means available.
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1 (i) Provide financial emergency assistance upon
2 direction from the Executive Office of the Governor pursuant
3 to s. 218.503.
4 (5)(a) The Chief Financial Officer Comptroller shall
5 issue a request for proposals to provide assistance to
6 municipalities and special districts. At the request of the
7 Chief Financial Officer Comptroller, the Legislative Committee
8 on Intergovernmental Relations shall assist in the preparation
9 of the request for proposals.
10 (b) The Chief Financial Officer Comptroller shall
11 review each contract proposal submitted.
12 (c) The Legislative Committee on Intergovernmental
13 Relations shall review each contract proposal and submit to
14 the Chief Financial Officer Comptroller, in writing, advisory
15 comments and recommendations, citing with specificity the
16 reasons for its recommendations.
17 (d) The Chief Financial Officer Comptroller and the
18 Legislative Committee on Intergovernmental Relations shall
19 consider the following factors in reviewing contract
20 proposals:
21 1. The demonstrated capacity of the provider to
22 conduct needs assessments and implement the program as
23 proposed.
24 2. The number of municipalities and special districts
25 to be served under the proposal.
26 3. The cost of the program as specified in a proposed
27 budget.
28 4. The short-term and long-term benefits of the
29 assistance to municipalities and special districts.
30 5. The form and extent to which existing resources,
31 services, and information that are available from state and
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1 local agencies, universities, and the private sector will be
2 used by the provider under the contract.
3 (6) A decision of the Chief Financial Officer
4 Comptroller to award a contract under this section is final
5 and shall be in writing with a copy provided to the
6 Legislative Committee on Intergovernmental Relations.
7 (7) The Chief Financial Officer Comptroller may enter
8 into contracts and agreements with other state and local
9 agencies and with any person, association, corporation, or
10 entity other than the program providers, for the purpose of
11 administering this section.
12 (8) The Chief Financial Officer Comptroller shall
13 provide fiscal oversight to ensure that funds expended for the
14 program are used in accordance with the contracts entered into
15 pursuant to subsection (4).
16 (9) The Legislative Committee on Intergovernmental
17 Relations shall annually conduct a performance review of the
18 program. The findings of the review shall be presented in a
19 report submitted to the Governor, the President of the Senate,
20 the Speaker of the House of Representatives, and the Chief
21 Financial Officer Comptroller by January 15 of each year.
22 Section 162. Effective January 7, 2003, subsection (6)
23 of section 163.3167, Florida Statutes, is amended to read:
24 163.3167 Scope of act.--
25 (6) When a regional planning agency is required to
26 prepare or amend a comprehensive plan, or element or portion
27 thereof, pursuant to subsections (3) and (4), the regional
28 planning agency and the local government may agree to a method
29 of compensating the regional planning agency for any
30 verifiable, direct costs incurred. If an agreement is not
31 reached within 6 months after the date the regional planning
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1 agency assumes planning responsibilities for the local
2 government pursuant to subsections (3) and (4) or by the time
3 the plan or element, or portion thereof, is completed,
4 whichever is earlier, the regional planning agency shall file
5 invoices for verifiable, direct costs involved with the
6 governing body. Upon the failure of the local government to
7 pay such invoices within 90 days, the regional planning agency
8 may, upon filing proper vouchers with the Chief Financial
9 Officer State Comptroller, request payment by the Chief
10 Financial Officer State Comptroller from unencumbered revenue
11 or other tax sharing funds due such local government from the
12 state for work actually performed, and the Chief Financial
13 Officer State Comptroller shall pay such vouchers; however,
14 the amount of such payment shall not exceed 50 percent of such
15 funds due such local government in any one year.
16 Section 163. Effective January 7, 2003, paragraph (a)
17 of subsection (8) of section 175.032, Florida Statutes, is
18 amended to read:
19 175.032 Definitions.--For any municipality, special
20 fire control district, chapter plan, local law municipality,
21 local law special fire control district, or local law plan
22 under this chapter, the following words and phrases have the
23 following meanings:
24 (8)(a) "Firefighter" means any person employed solely
25 by a constituted fire department of any municipality or
26 special fire control district who is certified as a
27 firefighter as a condition of employment in accordance with
28 the provisions of s. 633.35 and whose duty it is to extinguish
29 fires, to protect life, or to protect property. However, for
30 purposes of this chapter only, "firefighter" also includes
31 public safety officers who are responsible for performing both
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1 police and fire services, who are certified as police officers
2 or firefighters, and who are certified by their employers to
3 the Department of Insurance and Financial Services Insurance
4 Commissioner and Treasurer as participating in this chapter
5 prior to October 1, 1979. Effective October 1, 1979, public
6 safety officers who have not been certified as participating
7 in this chapter shall be considered police officers for
8 retirement purposes and shall be eligible to participate in
9 chapter 185. Any plan may provide that the fire chief shall
10 have an option to participate, or not, in that plan.
11 Section 164. Effective January 7, 2003, subsection (1)
12 of section 175.101, Florida Statutes, is amended to read:
13 175.101 State excise tax on property insurance
14 premiums authorized; procedure.--For any municipality, special
15 fire control district, chapter plan, local law municipality,
16 local law special fire control district, or local law plan
17 under this chapter:
18 (1) Each municipality or special fire control district
19 in this state described and classified in s. 175.041, having a
20 lawfully established firefighters' pension trust fund or
21 municipal fund or special fire control district fund, by
22 whatever name known, providing pension benefits to
23 firefighters as provided under this chapter, may assess and
24 impose on every insurance company, corporation, or other
25 insurer now engaged in or carrying on, or who shall
26 hereinafter engage in or carry on, the business of property
27 insurance as shown by the records of the Department of
28 Insurance and Financial Services an excise tax in addition to
29 any lawful license or excise tax now levied by each of the
30 municipalities or special fire control districts,
31 respectively, amounting to 1.85 percent of the gross amount of
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1 receipts of premiums from policyholders on all premiums
2 collected on property insurance policies covering property
3 within the corporate limits of such municipalities or within
4 the legally defined boundaries of special fire control
5 districts, respectively. Whenever the boundaries of a special
6 fire control district that has lawfully established a
7 firefighters' pension trust fund encompass a portion of the
8 corporate territory of a municipality that has also lawfully
9 established a firefighters' pension trust fund, that portion
10 of the tax receipts attributable to insurance policies
11 covering property situated both within the municipality and
12 the special fire control district shall be given to the fire
13 service provider. The agent shall identify the fire service
14 provider on the property owner's application for insurance.
15 Remaining revenues collected pursuant to this chapter shall be
16 distributed to the municipality or special fire control
17 district according to the location of the insured property.
18 Section 165. Effective January 7, 2003, subsection (2)
19 of section 175.121, Florida Statutes, is amended to read:
20 175.121 Department of Revenue and Division of
21 Retirement to keep accounts of deposits; disbursements.--For
22 any municipality or special fire control district having a
23 chapter or local law plan established pursuant to this
24 chapter:
25 (2) The Chief Financial Officer Comptroller shall, on
26 or before July 1 of each year, and at such other times as
27 authorized by the division, draw his or her warrants on the
28 full net amount of money then on deposit in the Police and
29 Firefighters' Premium Tax Trust Fund pursuant to this chapter,
30 specifying the municipalities and special fire control
31 districts to which the moneys must be paid and the net amount
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1 collected for and to be paid to each municipality or special
2 fire control district, respectively, subject to the limitation
3 on disbursement under s. 175.122. The sum payable to each
4 municipality or special fire control district is appropriated
5 annually out of the Police and Firefighters' Premium Tax Trust
6 Fund. The warrants of the Chief Financial Officer Comptroller
7 shall be payable to the respective municipalities and special
8 fire control districts entitled to receive them and shall be
9 remitted annually by the division to the respective
10 municipalities and special fire control districts. In lieu
11 thereof, the municipality or special fire control district may
12 provide authorization to the division for the direct payment
13 of the premium tax to the board of trustees. In order for a
14 municipality or special fire control district and its pension
15 fund to participate in the distribution of premium tax moneys
16 under this chapter, all the provisions shall be complied with
17 annually, including state acceptance pursuant to part VII of
18 chapter 112.
19 Section 166. Effective January 7, 2003, section
20 175.151, Florida Statutes, is amended to read:
21 175.151 Penalty for failure of insurers to comply with
22 this act.--Should any insurance company, corporation or other
23 insurer fail to comply with the provisions of this act, on or
24 before March 1 of each year as herein provided, the
25 certificate of authority issued to said insurance company,
26 corporation or other insurer to transact business in this
27 state may be canceled and revoked by the Department of
28 Insurance and Financial Services, and it is unlawful for any
29 such insurance company, corporation, or other insurer to
30 transact business thereafter in this state unless such
31 insurance company, corporation, or other insurer shall be
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1 granted a new certificate of authority to transact any
2 business in this state, in compliance with provisions of law
3 authorizing such certificate of authority to be issued. The
4 division is responsible for notifying the Department of
5 Insurance and Financial Services regarding any such failure to
6 comply.
7 Section 167. Effective January 7, 2003, subsection (1)
8 of section 185.08, Florida Statutes, is amended to read:
9 185.08 State excise tax on casualty insurance premiums
10 authorized; procedure.--For any municipality, chapter plan,
11 local law municipality, or local law plan under this chapter:
12 (1) Each incorporated municipality in this state
13 described and classified in s. 185.03, as well as each other
14 city or town of this state which on July 31, 1953, had a
15 lawfully established municipal police officers' retirement
16 trust fund or city fund, by whatever name known, providing
17 pension or relief benefits to police officers as provided
18 under this chapter, may assess and impose on every insurance
19 company, corporation, or other insurer now engaged in or
20 carrying on, or who shall hereafter engage in or carry on, the
21 business of casualty insurance as shown by records of the
22 Department of Insurance and Financial Services, an excise tax
23 in addition to any lawful license or excise tax now levied by
24 each of the said municipalities, respectively, amounting to
25 .85 percent of the gross amount of receipts of premiums from
26 policyholders on all premiums collected on casualty insurance
27 policies covering property within the corporate limits of such
28 municipalities, respectively.
29 Section 168. Effective January 7, 2003, subsection (2)
30 of section 185.10, Florida Statutes, is amended to read:
31
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1 185.10 Department of Revenue and Division of
2 Retirement to keep accounts of deposits; disbursements.--For
3 any municipality having a chapter plan or local law plan under
4 this chapter:
5 (2) The Chief Financial Officer Comptroller shall, on
6 or before July 1 of each year, and at such other times as
7 authorized by the division, draw his or her warrants on the
8 full net amount of money then on deposit pursuant to this
9 chapter in the Police and Firefighters' Premium Tax Trust
10 Fund, specifying the municipalities to which the moneys must
11 be paid and the net amount collected for and to be paid to
12 each municipality, respectively. The sum payable to each
13 municipality is appropriated annually out of the Police and
14 Firefighters' Premium Tax Trust Fund. The warrants of the
15 Chief Financial Officer Comptroller shall be payable to the
16 respective municipalities entitled to receive them and shall
17 be remitted annually by the division to the respective
18 municipalities. In lieu thereof, the municipality may provide
19 authorization to the division for the direct payment of the
20 premium tax to the board of trustees. In order for a
21 municipality and its retirement fund to participate in the
22 distribution of premium tax moneys under this chapter, all the
23 provisions shall be complied with annually, including state
24 acceptance pursuant to part VII of chapter 112.
25 Section 169. Effective January 7, 2003, section
26 185.13, Florida Statutes, is amended to read:
27 185.13 Failure of insurer to comply with chapter;
28 penalty.--Should any insurance company, corporation or other
29 insurer fail to comply with the provisions of this chapter, on
30 or before March 1 in each year as herein provided, the
31 certificate of authority issued to said insurance company,
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1 corporation or other insurer to transact business in this
2 state may be canceled and revoked by the Department of
3 Insurance and Financial Services, and it is unlawful for any
4 such insurance company, corporation or other insurer to
5 transact any business thereafter in this state unless such
6 insurance company, corporation or other insurer shall be
7 granted a new certificate of authority to transact business in
8 this state, in compliance with provisions of law authorizing
9 such certificate of authority to be issued. The division shall
10 be responsible for notifying the Department of Insurance and
11 Financial Services regarding any such failure to comply.
12 Section 170. Effective January 7, 2003, subsections
13 (2), (3), and (5) of section 189.4035, Florida Statutes, are
14 amended to read:
15 189.4035 Preparation of official list of special
16 districts.--
17 (2) The official list shall be produced by the
18 department after the department has notified each special
19 district that is currently reporting to the department, the
20 Chief Financial Officer Department of Banking and Finance
21 pursuant to s. 218.32, or the Auditor General pursuant to s.
22 218.39. Upon notification, each special district shall
23 submit, within 60 days, its determination of its status. The
24 determination submitted by a special district shall be
25 consistent with the status reported in the most recent local
26 government audit of district activities submitted to the
27 Auditor General pursuant to s. 218.39.
28 (3) The Chief Financial Officer Department of Banking
29 and Finance shall provide the department with a list of
30 dependent special districts reporting pursuant to s. 218.32
31 for inclusion on the official list of special districts.
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1 (5) The official list of special districts shall be
2 distributed by the department on October 1 of each year to the
3 President of the Senate, the Speaker of the House of
4 Representatives, the Auditor General, the Department of
5 Revenue, the Chief Financial Officer Department of Banking and
6 Finance, the Department of Management Services, the State
7 Board of Administration, counties, municipalities, county
8 property appraisers, tax collectors, and supervisors of
9 elections and to all interested parties who request the list.
10 Section 171. Effective January 7, 2003, subsection (1)
11 of section 189.412, Florida Statutes, is amended to read:
12 189.412 Special District Information Program; duties
13 and responsibilities.--The Special District Information
14 Program of the Department of Community Affairs is created and
15 has the following special duties:
16 (1) The collection and maintenance of special district
17 compliance status reports from the Auditor General, the Chief
18 Financial Officer Department of Banking and Finance, the
19 Division of Bond Finance of the State Board of Administration,
20 the Department of Management Services, the Department of
21 Revenue, and the Commission on Ethics for the reporting
22 required in ss. 112.3144, 112.3145, 112.3148, 112.3149,
23 112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17
24 and chapter 121 and from state agencies administering programs
25 that distribute money to special districts. The special
26 district compliance status reports must consist of a list of
27 special districts used in that state agency and a list of
28 which special districts did not comply with the reporting
29 statutorily required by that agency.
30 Section 172. Effective January 7, 2003, section
31 189.427, Florida Statutes, is amended to read:
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1 189.427 Fee schedule; Operating Trust Fund.--The
2 Department of Community Affairs, by rule, shall establish a
3 schedule of fees to pay one-half of the costs incurred by the
4 department in administering this act, except that the fee may
5 not exceed $175 per district per year. The fees collected
6 under this section shall be deposited in the Operating Trust
7 Fund, which shall be administered by the Department of
8 Community Affairs. Any fee rule must consider factors such as
9 the dependent and independent status of the district and
10 district revenues for the most recent fiscal year as reported
11 to the Chief Financial Officer Department of Banking and
12 Finance. The department may assess fines of not more than $25,
13 with an aggregate total not to exceed $50, as penalties
14 against special districts that fail to remit required fees to
15 the department. It is the intent of the Legislature that
16 general revenue funds will be made available to the department
17 to pay one-half of the cost of administering this act.
18 Section 173. Effective January 7, 2003, subsection (3)
19 of section 190.007, Florida Statutes, is amended to read:
20 190.007 Board of supervisors; general duties.--
21 (3) The board is authorized to select as a depository
22 for its funds any qualified public depository as defined in s.
23 280.02 which meets all the requirements of chapter 280 and has
24 been designated by the Chief Financial Officer Treasurer as a
25 qualified public depository, upon such terms and conditions as
26 to the payment of interest by such depository upon the funds
27 so deposited as the board may deem just and reasonable.
28 Section 174. Effective January 7, 2003, subsection
29 (16) of section 191.006, Florida Statutes, is amended to read:
30 191.006 General powers.--The district shall have, and
31 the board may exercise by majority vote, the following powers:
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1 (16) To select as a depository for its funds any
2 qualified public depository as defined in s. 280.02 which
3 meets all the requirements of chapter 280 and has been
4 designated by the Chief Financial Officer State Treasurer as a
5 qualified public depository, upon such terms and conditions as
6 to the payment of interest upon the funds deposited as the
7 board deems just and reasonable.
8 Section 175. Effective January 7, 2003, subsection (4)
9 of section 192.091, Florida Statutes, is amended to read:
10 192.091 Commissions of property appraisers and tax
11 collectors.--
12 (4) The commissions for collecting taxes assessed for
13 or levied by the state shall be audited and allowed by the
14 Chief Financial Officer Comptroller and shall be paid by the
15 Chief Financial Officer Treasurer as other Chief Financial
16 Officer's Comptroller's warrants are paid; and commissions for
17 collecting the county taxes shall be audited and paid by the
18 boards of county commissioners of the several counties of this
19 state. The commissions for collecting all special school
20 district taxes shall be audited by the school board of each
21 respective district and taken out of the funds of the
22 respective special school district under its control and
23 allowed and paid to the tax collectors for collecting such
24 taxes; and the commissions for collecting all other district
25 taxes, whether special or not, shall be audited and paid by
26 the governing board or commission having charge of the
27 financial obligations of such district. All commissions for
28 collecting special tax district taxes shall be paid at the
29 time and in the manner now, or as may hereafter be, provided
30 for the payment of the commissions for the collection of
31 county taxes. All amounts paid as compensation to any tax
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1 collector under the provisions of this or any other law shall
2 be a part of the general income or compensation of such
3 officer for the year in which received, and nothing contained
4 in this section shall be held or construed to affect or
5 increase the maximum salary as now provided by law for any
6 such officer.
7 Section 176. Effective January 7, 2003, subsection (3)
8 of section 192.102, Florida Statutes, is amended to read:
9 192.102 Payment of property appraisers' and
10 collectors' commissions.--
11 (3) The Chief Financial Officer Comptroller of the
12 state shall issue to each of the county property appraisers
13 and collectors of taxes, on the first Monday of January,
14 April, July, and October, on demand of such county property
15 appraisers and collectors of taxes after approval by the
16 Department of Revenue, his or her warrant, which shall be paid
17 by the Chief Financial Officer Treasurer of the state, for an
18 amount equal to one-fourth of four-fifths of the total amount
19 of commissions received by such county property appraisers and
20 collectors of taxes or their predecessors in office from the
21 state during and for the preceding year, and the balance of
22 the commissions earned by such county property appraiser and
23 collector of taxes, respectively, during each year, over and
24 above the amount of such installment payments herein provided
25 for, shall be payable when a report of errors and double
26 assessments is approved by the county commissioners and a copy
27 thereof filed with the Department of Revenue.
28 Section 177. Effective January 7, 2003, subsection (1)
29 of section 193.092, Florida Statutes, is amended to read:
30 193.092 Assessment of property for back taxes.--
31
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1 (1) When it shall appear that any ad valorem tax might
2 have been lawfully assessed or collected upon any property in
3 the state, but that such tax was not lawfully assessed or
4 levied, and has not been collected for any year within a
5 period of 3 years next preceding the year in which it is
6 ascertained that such tax has not been assessed, or levied, or
7 collected, then the officers authorized shall make the
8 assessment of taxes upon such property in addition to the
9 assessment of such property for the current year, and shall
10 assess the same separately for such property as may have
11 escaped taxation at and upon the basis of valuation applied to
12 such property for the year or years in which it escaped
13 taxation, noting distinctly the year when such property
14 escaped taxation and such assessment shall have the same force
15 and effect as it would have had if it had been made in the
16 year in which the property shall have escaped taxation, and
17 taxes shall be levied and collected thereon in like manner and
18 together with taxes for the current year in which the
19 assessment is made. But no property shall be assessed for
20 more than 3 years' arrears of taxation, and all property so
21 escaping taxation shall be subject to such taxation to be
22 assessed in whomsoever's hands or possession the same may be
23 found; provided, that the county property appraiser shall not
24 assess any lot or parcel of land certified or sold to the
25 state for any previous years unless such lot or parcel of
26 lands so certified or sold shall be included in the list
27 furnished by the Chief Financial Officer Comptroller to the
28 county property appraiser as provided by law; provided, if
29 real or personal property be assessed for taxes, and because
30 of litigation delay ensues and the assessment be held invalid
31 the taxing authorities, may reassess such property within the
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1 time herein provided after the termination of such litigation;
2 provided further, that personal property acquired in good
3 faith by purchase shall not be subject to assessment for taxes
4 for any time prior to the time of such purchase, but the
5 individual or corporation liable for any such assessment shall
6 continue personally liable for same.
7 Section 178. Effective January 7, 2003, section
8 195.101, Florida Statutes, is amended to read:
9 195.101 Withholding of state funds.--
10 (1) The Department of Revenue is hereby directed to
11 determine each year whether the several counties of this state
12 are assessing the real and tangible personal property within
13 their jurisdiction in accordance with law. If the Department
14 of Revenue determines that any county is assessing property at
15 less than that prescribed by law, the Chief Financial Officer
16 Comptroller shall withhold from such county a portion of any
17 state funds to which the county may be entitled equal to the
18 difference of the amount assessed and the amount required to
19 be assessed by law.
20 (2) The Department of Revenue is hereby directed to
21 determine each year whether the several municipalities of this
22 state are assessing the real and tangible personal property
23 within their jurisdiction in accordance with law. If the
24 Department of Revenue determines that any municipality is
25 assessing property at less than that prescribed by law, the
26 Chief Financial Officer Comptroller shall withhold from such
27 municipality a portion of any state funds to which that
28 municipality may be entitled equal to the difference of the
29 amount assessed and the amount required to be assessed by law.
30 Section 179. Effective January 7, 2003, subsection (1)
31 of section 198.29, Florida Statutes, is amended to read:
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1 198.29 Refunds of excess tax paid.--
2 (1) Whenever it appears, upon the examination of any
3 return made under this chapter or upon proof submitted to the
4 department by the personal representative, that an amount of
5 estate tax has been paid in excess of the tax legally due
6 under this chapter, the amount of such overpayment, together
7 with any overpayment of interest thereon shall be refunded to
8 the personal representative and paid upon the warrant of the
9 Chief Financial Officer Comptroller, drawn upon the Treasury
10 Treasurer who shall honor and pay the same; such refund shall
11 be made by the department as a matter of course regardless of
12 whether or not the personal representative has filed a written
13 claim therefor, except that upon request of the department,
14 the personal representative shall file with the department a
15 conformed copy of any written claim for refund of federal
16 estate tax which has theretofore been filed with the United
17 States.
18 Section 180. Effective January 7, 2003, paragraph (a)
19 of subsection (7) of section 199.232, Florida Statutes, is
20 amended to read:
21 199.232 Powers of department.--
22 (7)(a) If it appears, upon examination of an
23 intangible tax return made under this chapter or upon proof
24 submitted to the department by the taxpayer, that an amount of
25 intangible personal property tax has been paid in excess of
26 the amount due, the department shall refund the amount of the
27 overpayment to the taxpayer by a warrant of the Chief
28 Financial Officer Comptroller, drawn upon the Treasury
29 Treasurer. The department shall refund the overpayment without
30 regard to whether the taxpayer has filed a written claim for a
31 refund; however, the department may request that the taxpayer
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1 file a statement affirming that the taxpayer made the
2 overpayment.
3 Section 181. Effective January 7, 2003, paragraph (a)
4 of subsection (1) of section 203.01, Florida Statutes, is
5 amended to read:
6 203.01 Tax on gross receipts for utility and
7 communications services.--
8 (1)(a)1. Every person that receives payment for any
9 utility service shall report by the last day of each month to
10 the Department of Revenue, under oath of the secretary or some
11 other officer of such person, the total amount of gross
12 receipts derived from business done within this state, or
13 between points within this state, for the preceding month and,
14 at the same time, shall pay into the State Treasury an amount
15 equal to a percentage of such gross receipts at the rate set
16 forth in paragraph (b). Such collections shall be certified
17 by the Chief Financial Officer Comptroller upon the request of
18 the State Board of Education.
19 2. A tax is levied on communications services as
20 defined in s. 202.11(3). Such tax shall be applied to the same
21 services and transactions as are subject to taxation under
22 chapter 202, and to communications services that are subject
23 to the exemption provided in s. 202.125(1). Such tax shall be
24 applied to the sales price of communications services when
25 sold at retail and to the actual cost of operating substitute
26 communications systems, as such terms are defined in s.
27 202.11, shall be due and payable at the same time as the taxes
28 imposed pursuant to chapter 202, and shall be administered and
29 collected pursuant to the provisions of chapter 202.
30 Section 182. Effective January 7, 2003, subsection (1)
31 of section 206.46, Florida Statutes, is amended to read:
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1 206.46 State Transportation Trust Fund.--
2 (1) All moneys in the State Transportation Trust Fund,
3 which is hereby created, shall be used for transportation
4 purposes, as provided by law, under the direction of the
5 Department of Transportation, which department may from time
6 to time make requisition on the Chief Financial Officer
7 Comptroller for such funds. Moneys from such fund shall be
8 drawn by the Chief Financial Officer Comptroller by warrant
9 upon the State Treasury pursuant to vouchers and shall be paid
10 in like manner as other state warrants are paid out of the
11 appropriated fund against which the warrants are drawn. All
12 sums of money necessary to provide for the payment of the
13 warrants by the Chief Financial Officer Comptroller drawn upon
14 such fund are appropriated annually out of the fund for the
15 purpose of making such payments from time to time.
16 Section 183. Effective January 7, 2003, subsection (4)
17 of section 210.16, Florida Statutes, is amended to read:
18 210.16 Revocation or suspension of permit.--
19 (4) In lieu of the suspension or revocation of
20 permits, the division may impose civil penalties against
21 holders of permits for violations of this part or rules and
22 regulations relating thereto. No civil penalty so imposed
23 shall exceed $1,000 for each offense, and all amounts
24 collected shall be deposited with the Chief Financial Officer
25 State Treasurer to the credit of the General Revenue Fund. If
26 the holder of the permit fails to pay the civil penalty, his
27 or her permit shall be suspended for such period of time as
28 the division may specify.
29 Section 184. Effective January 7, 2003, subsection (2)
30 of section 210.20, Florida Statutes, is amended to read:
31
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1 210.20 Employees and assistants; distribution of
2 funds.--
3 (2) As collections are received by the division from
4 such cigarette taxes, it shall pay the same into a trust fund
5 in the State Treasury designated "Cigarette Tax Collection
6 Trust Fund" which shall be paid and distributed as follows:
7 (a) The division shall from month to month certify to
8 the Chief Financial Officer Comptroller the amount derived
9 from the cigarette tax imposed by s. 210.02, less the service
10 charges provided for in s. 215.20 and less 0.9 percent of the
11 amount derived from the cigarette tax imposed by s. 210.02,
12 which shall be deposited into the Alcoholic Beverage and
13 Tobacco Trust Fund, specifying the amounts to be transferred
14 from the Cigarette Tax Collection Trust Fund and credited on
15 the basis of 2.9 percent of the net collections to the Revenue
16 Sharing Trust Fund for Counties and 29.3 percent of the net
17 collections for the funding of indigent health care to the
18 Public Medical Assistance Trust Fund.
19 (b) Beginning January 1, 1999, and continuing for 10
20 years thereafter, the division shall from month to month
21 certify to the Chief Financial Officer Comptroller the amount
22 derived from the cigarette tax imposed by s. 210.02, less the
23 service charges provided for in s. 215.20 and less 0.9 percent
24 of the amount derived from the cigarette tax imposed by s.
25 210.02 which shall be deposited into the Alcoholic Beverage
26 and Tobacco Trust Fund, specifying an amount equal to 2.59
27 percent of the net collections, and that amount shall be paid
28 to the Board of Directors of the H. Lee Moffitt Cancer Center
29 and Research Institute, established under s. 240.512, by
30 warrant drawn by the Chief Financial Officer Comptroller upon
31 the State Treasury. These funds are hereby appropriated
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1 monthly out of the Cigarette Tax Collection Trust Fund, to be
2 used for the purpose of constructing, furnishing, and
3 equipping a cancer research facility at the University of
4 South Florida adjacent to the H. Lee Moffitt Cancer Center and
5 Research Institute. In fiscal years 1999-2000 and thereafter
6 with the exception of fiscal year 2008-2009, the appropriation
7 to the H. Lee Moffitt Cancer Center and Research Institute
8 authorized by this paragraph shall not be less than the amount
9 which would have been paid to the H. Lee Moffitt Cancer Center
10 and Research Institute for fiscal year 1998-1999 had payments
11 been made for the entire fiscal year rather than for a 6-month
12 period thereof.
13 Section 185. Effective January 7, 2003, subsection (4)
14 of section 210.50, Florida Statutes, is amended to read:
15 210.50 Revocation or suspension of license.--
16 (4) In lieu of the suspension or revocation of
17 licenses, the division may impose civil penalties against
18 holders of licenses for violations of this part or rules
19 relating thereto. No civil penalty so imposed shall exceed
20 $1,000 for each offense, and all amounts collected shall be
21 deposited with the Chief Financial Officer State Treasurer to
22 the credit of the General Revenue Fund. If the holder of the
23 license fails to pay the civil penalty, his or her license
24 shall be suspended for such period of time as the division may
25 specify.
26 Section 186. Effective January 7, 2003, subsection (1)
27 of section 211.06, Florida Statutes, is amended to read:
28 211.06 Oil and Gas Tax Trust Fund; distribution of tax
29 proceeds.--All taxes, interest, and penalties imposed under
30 this part shall be collected by the department and placed in a
31 special fund designated the "Oil and Gas Tax Trust Fund."
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1 (1) There is hereby annually appropriated a sufficient
2 amount from the Oil and Gas Tax Trust Fund for the Chief
3 Financial Officer Comptroller to refund any overpayments which
4 have been properly approved.
5 Section 187. Effective January 7, 2003, paragraph (d)
6 of subsection (1) of section 211.32, Florida Statutes, is
7 amended to read:
8 211.32 Tax on solid minerals; Land Reclamation Trust
9 Fund; refund for restoration and reclamation.--
10 (1)
11 (d) The Chief Financial Officer Comptroller shall,
12 upon written verification of compliance with paragraph (a),
13 paragraph (b), or paragraph (c) by the Department of
14 Environmental Protection, and upon verification of the cost of
15 the restoration and reclamation program or, if paragraph (c)
16 is elected, the fair market value of the land, grant refunds,
17 to be paid from the Land Reclamation Trust Fund, of the taxes
18 paid under this part, in an amount equal to 100 percent of the
19 costs incurred in complying with paragraph (a) or paragraph
20 (b), or 100 percent of the fair market value of the land
21 transferred in complying with paragraph (c), subject to the
22 following limitations:
23 1. A taxpayer shall not be entitled to refunds in
24 excess of the amount of taxes paid by the taxpayer under this
25 part which are deposited in the Land Reclamation Trust Fund.
26 2. A taxpayer shall not be entitled to the payment of
27 a refund for costs incurred in connection with a particular
28 restoration and reclamation program unless and until the
29 taxpayer is accomplishing the program in reasonable compliance
30 with the criteria established by the Department of
31 Environmental Protection.
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1 Section 188. Effective January 7, 2003, paragraph (m)
2 of subsection (5) of section 212.08, Florida Statutes, is
3 amended to read:
4 212.08 Sales, rental, use, consumption, distribution,
5 and storage tax; specified exemptions.--The sale at retail,
6 the rental, the use, the consumption, the distribution, and
7 the storage to be used or consumed in this state of the
8 following are hereby specifically exempt from the tax imposed
9 by this chapter.
10 (5) EXEMPTIONS; ACCOUNT OF USE.--
11 (m) Educational materials purchased by certain child
12 care facilities.--Educational materials, such as glue, paper,
13 paints, crayons, unique craft items, scissors, books, and
14 educational toys, purchased by a child care facility that
15 meets the standards delineated in s. 402.305, is licensed
16 under s. 402.308, holds a current Gold Seal Quality Care
17 designation pursuant to s. 402.281, and provides basic health
18 insurance to all employees are exempt from the taxes imposed
19 by this chapter. For purposes of this paragraph, the term
20 "basic health insurance" shall be defined and promulgated in
21 rules developed jointly by the Department of Children and
22 Family Services, the Agency for Health Care Administration,
23 and the Department of Insurance and Financial Services.
24 Section 189. Effective January 7, 2003, paragraph (c)
25 of subsection (6) of section 212.12, Florida Statutes, is
26 amended to read:
27 212.12 Dealer's credit for collecting tax; penalties
28 for noncompliance; powers of Department of Revenue in dealing
29 with delinquents; brackets applicable to taxable transactions;
30 records required.--
31 (6)
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1 (c)1. If the records of a dealer are adequate but
2 voluminous in nature and substance, the department may sample
3 such records, except for fixed assets, and project the audit
4 findings derived therefrom over the entire audit period to
5 determine the proportion that taxable retail sales bear to
6 total retail sales or the proportion that taxable purchases
7 bear to total purchases. In order to conduct such a sample,
8 the department must first make a good faith effort to reach an
9 agreement with the dealer, which agreement provides for the
10 means and methods to be used in the sampling process. In the
11 event that no agreement is reached, the dealer is entitled to
12 a review by the executive director.
13 2. For the purposes of sampling pursuant to
14 subparagraph 1., the department shall project any deficiencies
15 and overpayments derived therefrom over the entire audit
16 period. In determining the dealer's compliance, the department
17 shall reduce any tax deficiency as derived from the sample by
18 the amount of any overpayment derived from the sample. In the
19 event the department determines from the sample results that
20 the dealer has a net tax overpayment, the department shall
21 provide the findings of this overpayment to the Chief
22 Financial Officer Comptroller for repayment of funds paid into
23 the State Treasury through error pursuant to s. 215.26.
24 Section 190. Effective January 7, 2003, subsection (1)
25 of section 212.20, Florida Statutes, is amended to read:
26 212.20 Funds collected, disposition; additional powers
27 of department; operational expense; refund of taxes
28 adjudicated unconstitutionally collected.--
29 (1) The department shall pay over to the Chief
30 Financial Officer Treasurer of the state all funds received
31 and collected by it under the provisions of this chapter, to
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1 be credited to the account of the General Revenue Fund of the
2 state.
3 Section 191. Effective January 7, 2003, subsections
4 (4) and (6), paragraph (e) of subsection (7), and subsection
5 (13) of section 213.053, Florida Statutes, are amended to
6 read:
7 213.053 Confidentiality and information sharing.--
8 (4) Nothing contained in this section shall prevent
9 the department from publishing statistics so classified as to
10 prevent the identification of particular accounts, reports,
11 declarations, or returns or prevent the department from
12 disclosing to the Chief Financial Officer Comptroller the
13 names and addresses of those taxpayers who have claimed an
14 exemption pursuant to s. 199.185(1)(i) or a deduction pursuant
15 to s. 220.63(5).
16 (6) Any information received by the Department of
17 Revenue in connection with the administration of taxes,
18 including, but not limited to, information contained in
19 returns, reports, accounts, or declarations filed by persons
20 subject to tax, shall be made available by the department to
21 the Auditor General or his or her authorized agent, the
22 director of the Office of Program Policy Analysis and
23 Government Accountability or his or her authorized agent, the
24 Chief Financial Officer Comptroller or his or her authorized
25 agent, the Insurance Commissioner or his or her authorized
26 agent, the Treasurer or his or her authorized agent, or a
27 property appraiser or tax collector or their authorized agents
28 pursuant to s. 195.084(1), in the performance of their
29 official duties, or to designated employees of the Department
30 of Education solely for determination of each school
31 district's price level index pursuant to s. 236.081(2);
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1 however, no information shall be disclosed to the Auditor
2 General or his or her authorized agent, the director of the
3 Office of Program Policy Analysis and Government
4 Accountability or his or her authorized agent, the Chief
5 Financial Officer Comptroller or his or her authorized agent,
6 the Insurance Commissioner or his or her authorized agent, the
7 Treasurer or his or her authorized agent, or to a property
8 appraiser or tax collector or their authorized agents, or to
9 designated employees of the Department of Education if such
10 disclosure is prohibited by federal law. The Auditor General
11 or his or her authorized agent, the director of the Office of
12 Program Policy Analysis and Government Accountability or his
13 or her authorized agent, the Chief Financial Officer
14 Comptroller or his or her authorized agent, the Treasurer or
15 his or her authorized agent, and the property appraiser or tax
16 collector and their authorized agents, or designated employees
17 of the Department of Education shall be subject to the same
18 requirements of confidentiality and the same penalties for
19 violation of the requirements as the department. For the
20 purpose of this subsection, "designated employees of the
21 Department of Education" means only those employees directly
22 responsible for calculation of price level indices pursuant to
23 s. 236.081(2). It does not include the supervisors of such
24 employees or any other employees or elected officials within
25 the Department of Education.
26 (7) Notwithstanding any other provision of this
27 section, the department may provide:
28 (e) Names, addresses, taxpayer identification numbers,
29 and outstanding tax liabilities to the Department of the
30 Lottery and the Chief Financial Officer Department of Banking
31 and Finance in the conduct of their official duties.
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1
2 Disclosure of information under this subsection shall be
3 pursuant to a written agreement between the executive director
4 and the agency. Such agencies, governmental or
5 nongovernmental, shall be bound by the same requirements of
6 confidentiality as the Department of Revenue. Breach of
7 confidentiality is a misdemeanor of the first degree,
8 punishable as provided by s. 775.082 or s. 775.083.
9 (13) Notwithstanding the provisions of s. 896.102(2),
10 the department may allow full access to the information and
11 documents required to be filed with it under s. 896.102(1) to
12 federal, state, and local law enforcement and prosecutorial
13 agencies, and to the Chief Financial Officer Department of
14 Banking and Finance, and any of those agencies may use the
15 information and documents in any civil or criminal
16 investigation and in any court proceedings.
17 Section 192. Effective January 7, 2003, section
18 213.054, Florida Statutes, is amended to read:
19 213.054 Persons claiming tax exemptions or deductions;
20 annual report.--The Department of Revenue shall be responsible
21 for monitoring the utilization of tax exemptions and tax
22 deductions authorized pursuant to chapter 81-179, Laws of
23 Florida. On or before September 1 of each year, the
24 department shall report to the Chief Financial Officer
25 Comptroller the names and addresses of all persons who have
26 claimed an exemption pursuant to s. 199.185(1)(i) or a
27 deduction pursuant to s. 220.63(5).
28 Section 193. Effective January 7, 2003, subsection (6)
29 of section 213.255, Florida Statutes, is amended to read:
30
31
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1 213.255 Interest.--Interest shall be paid on
2 overpayments of taxes, payment of taxes not due, or taxes paid
3 in error, subject to the following conditions:
4 (6) Interest shall be paid until a date determined by
5 the department which shall be no more than 7 days prior to the
6 date of the issuance of the refund warrant by the Chief
7 Financial Officer Comptroller.
8 Section 194. Effective January 7, 2003, subsection (9)
9 of section 213.67, Florida Statutes, is amended to read:
10 213.67 Garnishment.--
11 (9) The department shall provide notice to the Chief
12 Financial Officer Comptroller, in electronic or other form
13 specified by the Chief Financial Officer Comptroller, listing
14 the taxpayers for which tax warrants are outstanding. Pursuant
15 to subsection (1), the Chief Financial Officer Comptroller
16 shall, upon notice from the department, withhold all payments
17 to any person or business, as defined in s. 212.02, which
18 provides commodities or services to the state, leases real
19 property to the state, or constructs a public building or
20 public work for the state. The department may levy upon the
21 withheld payments in accordance with subsection (3). The
22 provisions of s. 215.422 do not apply from the date the notice
23 is filed with the Chief Financial Officer Comptroller until
24 the date the department notifies the Chief Financial Officer
25 Comptroller of its consent to make payment to the person or 60
26 days after receipt of the department's notice in accordance
27 with subsection (1), whichever occurs earlier.
28 Section 195. Effective January 7, 2003, subsection (4)
29 of section 213.75, Florida Statutes, is amended to read:
30 213.75 Application of payments.--
31
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1 (4) Any surplus proceeds remaining after the
2 application of subsection (3) shall, upon application and
3 satisfactory proof thereof, be refunded by the Chief Financial
4 Officer Comptroller to the person or persons legally entitled
5 thereto pursuant to s. 215.26.
6 Section 196. Effective January 7, 2003, section
7 215.02, Florida Statutes, is amended to read:
8 215.02 Manner of paying money into the
9 Treasury.--Whenever any officer of this state or other person
10 desires to pay any money into the Treasury of the state on
11 account of his or her indebtedness to the state, the person
12 shall first go into the Department of Banking and Finance, and
13 there ascertain from the Chief Financial Officer's
14 department's books the amount of his or her indebtedness to
15 the state, and thereupon the Chief Financial Officer
16 department shall give that person a memorandum or certificate
17 of the amount of such indebtedness, and on what account.
18 Second, the person shall take said certificate with him or her
19 to the Department of Insurance and deliver the same and pay
20 over to the Chief Financial Officer Insurance Commissioner and
21 Treasurer the amount called for in said certificate. Third,
22 the Chief Financial Officer Insurance Commissioner and
23 Treasurer shall receive the money, make a proper entry
24 thereof, file the certificate of the Department of Banking and
25 Finance, and give a receipt certificate to the party paying
26 over the money, acknowledging the receipt of the money, and on
27 what account; which certificate thus received, the party shall
28 return to the Department of Banking and Finance, on receipt of
29 which the department shall give the party a receipt for the
30 amount, and shall enter a credit on the party's account in his
31 or her books for the amount thus paid by him or her to the
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1 Insurance Commissioner and Treasurer, and file the certificate
2 received from the Insurance Commissioner and Treasurer.
3 Section 197. Effective January 7, 2003, section
4 215.03, Florida Statutes, is amended to read:
5 215.03 Party to be reimbursed on reversal of judgment
6 for state.--Whenever upon appeal in civil cases, any judgment
7 in favor of the state has been or shall be reversed and set
8 aside, which may have been paid in part by the appellant, the
9 Chief Financial Officer Comptroller shall issue his or her
10 warrant upon the Treasury Treasurer to reimburse the appellant
11 for all sums paid in discharge of such judgment and cost,
12 provided the appellant shall adduce satisfactory evidence to
13 the Chief Financial Officer Comptroller of the sums paid as
14 aforesaid.
15 Section 198. Effective January 7, 2003, section
16 215.04, Florida Statutes, is amended to read:
17 215.04 Chief Financial Officer Department of Banking
18 and Finance to report delinquents.--The Chief Financial
19 Officer Department of Banking and Finance shall report to the
20 state attorney of the proper circuit the name of any
21 delinquent officer whose delinquency concerns the Chief
22 Financial Officer department, so soon as such delinquency
23 shall occur; and the state attorney shall proceed forthwith
24 against such delinquent.
25 Section 199. Effective January 7, 2003, section
26 215.05, Florida Statutes, is amended to read:
27 215.05 Chief Financial Officer Department of Banking
28 and Finance to certify accounts of delinquents.--When any
29 revenue officer or other person accountable for public money
30 shall neglect or refuse to pay into the treasury the sum or
31 balance reported to be due to the state, upon the adjustment
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1 of that person's account, the Chief Financial Officer
2 Department of Banking and Finance shall immediately hand over
3 to the state attorney of the proper circuit the statement of
4 the sum or balance certified under the its seal of office, so
5 due; and the state attorney shall institute suit for the
6 recovery of the same, adding to the sum or balance stated to
7 be due on such account the commissions of the delinquent,
8 which shall be forfeited in every instance where suit is
9 commenced and judgment is obtained thereon, and an interest of
10 8 percent per annum from the time of the delinquent's
11 receiving the money until it shall be paid into the State
12 Treasury.
13 Section 200. Effective January 7, 2003, section
14 215.11, Florida Statutes, is amended to read:
15 215.11 Defaulting officers; Chief Financial Officer
16 Department of Banking and Finance to report to clerk.--The
17 Chief Financial Officer Department of Banking and Finance
18 shall, within 90 days after the expiration of the term of
19 office of any tax collector, sheriff, clerk of the circuit or
20 county court, treasurer, or any other officer of any county
21 who has the collection, custody, and control of any state
22 funds, who shall be in arrears in his or her accounts with the
23 state, make up and forward to the clerk of the circuit court
24 of such county a statement of his or her accounts with the
25 state.
26 Section 201. Effective January 7, 2003, paragraphs (e)
27 and (g) of subsection (1) of section 215.22, Florida Statutes,
28 are amended to read:
29 215.22 Certain income and certain trust funds
30 exempt.--
31
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1 (1) The following income of a revenue nature or the
2 following trust funds shall be exempt from the deduction
3 required by s. 215.20(1):
4 (e) State, agency, or political subdivision
5 investments by the Chief Financial Officer Treasurer.
6 (g) Self-insurance programs administered by the
7 Department of Insurance and Financial Services Treasurer.
8 Section 202. Effective January 7, 2003, section
9 215.23, Florida Statutes, is amended to read:
10 215.23 When contributions to be made.--The deductions
11 required by s. 215.20 shall be paid into the appropriate fund
12 by the Chief Financial Officer Department of Banking and
13 Finance or by the State Treasurer, as the case may be, for
14 quarterly periods ending March 31, June 30, September 30, and
15 December 31 of each year, and when so paid shall thereupon
16 become a part of that fund to be accounted for and disbursed
17 as provided by law.
18 Section 203. Effective January 7, 2003, section
19 215.24, Florida Statutes, is amended to read:
20 215.24 Exemptions where federal contributions or
21 private grants.--
22 (1) Should any state fund be the recipient of federal
23 contributions or private grants, either by the matching of
24 state funds or by a general donation to state funds, and the
25 payment of moneys into the General Revenue Fund under s.
26 215.20 should cause such fund to lose federal or private
27 assistance, the Governor shall certify to the Chief Financial
28 Officer Department of Banking and Finance and to the State
29 Treasurer that said income is for that reason exempt from the
30 force and effect of s. 215.20.
31
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1 (2) Should it be determined by the Governor that by
2 reason of payments already made into the General Revenue Fund
3 by any fund under this law, such fund is subject to the loss
4 of federal or private assistance, then the Governor shall
5 certify to the Chief Financial Officer Department of Banking
6 and Finance and to the State Treasurer that the income from
7 such assistance is exempt from the provisions of this law, and
8 the Chief Financial Officer Department of Banking and Finance
9 or the State Treasurer, as the case may be, shall thereupon
10 refund and pay over to such fund any amount previously paid
11 into the General Revenue Fund from such income.
12 Section 204. Effective January 7, 2003, section
13 215.25, Florida Statutes, is amended to read:
14 215.25 Manner of contributions; rules and
15 regulations.--The Chief Financial Officer Department of
16 Banking and Finance and the State Treasurer is are hereby
17 authorized to ascertain and determine the manner in which the
18 required amounts shall be deducted and paid and to adopt and
19 effectuate such rules and procedure as may be necessary for
20 carrying out the provisions of this law. Such rules and
21 procedure shall be approved by the Executive Office of the
22 Governor.
23 Section 205. Effective January 7, 2003, subsections
24 (1), (2), and (5) of section 215.26, Florida Statutes, are
25 amended to read:
26 215.26 Repayment of funds paid into State Treasury
27 through error.--
28 (1) The Chief Financial Officer Comptroller of the
29 state may refund to the person who paid same, or his or her
30 heirs, personal representatives, or assigns, any moneys paid
31 into the State Treasury which constitute:
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1 (a) An overpayment of any tax, license, or account
2 due;
3 (b) A payment where no tax, license, or account is
4 due; and
5 (c) Any payment made into the State Treasury in error;
6
7 and if any such payment has been credited to an appropriation,
8 such appropriation shall at the time of making any such
9 refund, be charged therewith. There are appropriated from the
10 proper respective funds from time to time such sums as may be
11 necessary for such refunds.
12 (2) Application for refunds as provided by this
13 section must be filed with the Chief Financial Officer
14 Comptroller, except as otherwise provided in this subsection,
15 within 3 years after the right to the refund has accrued or
16 else the right is barred. Except as provided in chapter 198
17 and s. 220.23, an application for a refund of a tax enumerated
18 in s. 72.011, which tax was paid after September 30, 1994, and
19 before July 1, 1999, must be filed with the Chief Financial
20 Officer Comptroller within 5 years after the date the tax is
21 paid, and within 3 years after the date the tax was paid for
22 taxes paid on or after July 1, 1999. The Chief Financial
23 Officer Comptroller may delegate the authority to accept an
24 application for refund to any state agency, or the judicial
25 branch, vested by law with the responsibility for the
26 collection of any tax, license, or account due. The
27 application for refund must be on a form approved by the Chief
28 Financial Officer Comptroller and must be supplemented with
29 additional proof the Chief Financial Officer Comptroller deems
30 necessary to establish the claim; provided, the claim is not
31 otherwise barred under the laws of this state. Upon receipt of
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1 an application for refund, the judicial branch or the state
2 agency to which the funds were paid shall make a determination
3 of the amount due. If an application for refund is denied, in
4 whole or in part, the judicial branch or such state agency
5 shall notify the applicant stating the reasons therefor. Upon
6 approval of an application for refund, the judicial branch or
7 such state agency shall furnish the Chief Financial Officer
8 Comptroller with a properly executed voucher authorizing
9 payment.
10 (5) When a taxpayer has pursued administrative
11 remedies before the Department of Revenue pursuant to s.
12 213.21 and has failed to comply with the time limitations and
13 conditions provided in ss. 72.011 and 120.80(14)(b), a claim
14 of refund under subsection (1) shall be denied by the Chief
15 Financial Officer Comptroller. However, the Chief Financial
16 Officer Comptroller may entertain a claim for refund under
17 this subsection when the taxpayer demonstrates that his or her
18 failure to pursue remedies under chapter 72 was not due to
19 neglect or for the purpose of delaying payment of lawfully
20 imposed taxes and can demonstrate reasonable cause for such
21 failure.
22 Section 206. Effective January 7, 2003, section
23 215.31, Florida Statutes, is amended to read:
24 215.31 State funds; deposit in State
25 Treasury.--Revenue, including licenses, fees, imposts, or
26 exactions collected or received under the authority of the
27 laws of the state by each and every state official, office,
28 employee, bureau, division, board, commission, institution,
29 agency, or undertaking of the state or the judicial branch
30 shall be promptly deposited in the State Treasury, and
31 immediately credited to the appropriate fund as herein
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1 provided, properly accounted for by the Chief Financial
2 Officer Department of Banking and Finance as to source and no
3 money shall be paid from the State Treasury except as
4 appropriated and provided by the annual General Appropriations
5 Act, or as otherwise provided by law.
6 Section 207. Effective January 7, 2003, subsection (1)
7 and paragraphs (b), (c), and (d) of subsection (2) of section
8 215.32, Florida Statutes, are amended to read:
9 215.32 State funds; segregation.--
10 (1) All moneys received by the state shall be
11 deposited in the State Treasury unless specifically provided
12 otherwise by law and shall be deposited in and accounted for
13 by the Chief Financial Officer Treasurer and the Department of
14 Banking and Finance within the following funds, which funds
15 are hereby created and established:
16 (a) General Revenue Fund.
17 (b) Trust funds.
18 (c) Working Capital Fund.
19 (d) Budget Stabilization Fund.
20 (2) The source and use of each of these funds shall be
21 as follows:
22 (b)1. The trust funds shall consist of moneys received
23 by the state which under law or under trust agreement are
24 segregated for a purpose authorized by law. The state agency
25 or branch of state government receiving or collecting such
26 moneys shall be responsible for their proper expenditure as
27 provided by law. Upon the request of the state agency or
28 branch of state government responsible for the administration
29 of the trust fund, the Chief Financial Officer Comptroller may
30 establish accounts within the trust fund at a level considered
31 necessary for proper accountability. Once an account is
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1 established within a trust fund, the Chief Financial Officer
2 Comptroller may authorize payment from that account only upon
3 determining that there is sufficient cash and releases at the
4 level of the account.
5 2. In order to maintain a minimum number of trust
6 funds in the State Treasury, each state agency or the judicial
7 branch may consolidate, if permitted under the terms and
8 conditions of their receipt, the trust funds administered by
9 it; provided, however, the agency or judicial branch employs
10 effectively a uniform system of accounts sufficient to
11 preserve the integrity of such trust funds; and provided,
12 further, that consolidation of trust funds is approved by the
13 Governor or the Chief Justice.
14 3. All such moneys are hereby appropriated to be
15 expended in accordance with the law or trust agreement under
16 which they were received, subject always to the provisions of
17 chapter 216 relating to the appropriation of funds and to the
18 applicable laws relating to the deposit or expenditure of
19 moneys in the State Treasury.
20 4.a. Notwithstanding any provision of law restricting
21 the use of trust funds to specific purposes, unappropriated
22 cash balances from selected trust funds may be authorized by
23 the Legislature for transfer to the Budget Stabilization Fund
24 and Working Capital Fund in the General Appropriations Act.
25 b. This subparagraph does not apply to trust funds
26 required by federal programs or mandates; trust funds
27 established for bond covenants, indentures, or resolutions
28 whose revenues are legally pledged by the state or public body
29 to meet debt service or other financial requirements of any
30 debt obligations of the state or any public body; the State
31 Transportation Trust Fund; the trust fund containing the net
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1 annual proceeds from the Florida Education Lotteries; the
2 Florida Retirement System Trust Fund; trust funds under the
3 management of the Board of Regents, where such trust funds are
4 for auxiliary enterprises, self-insurance, and contracts,
5 grants, and donations, as those terms are defined by general
6 law; trust funds that serve as clearing funds or accounts for
7 the Chief Financial Officer Comptroller or state agencies;
8 trust funds that account for assets held by the state in a
9 trustee capacity as an agent or fiduciary for individuals,
10 private organizations, or other governmental units; and other
11 trust funds authorized by the State Constitution.
12 (c)1. The Budget Stabilization Fund shall consist of
13 amounts equal to at least 5 percent of net revenue collections
14 for the General Revenue Fund during the last completed fiscal
15 year. The Budget Stabilization Fund's principal balance shall
16 not exceed an amount equal to 10 percent of the last completed
17 fiscal year's net revenue collections for the General Revenue
18 Fund. As used in this paragraph, the term "last completed
19 fiscal year" means the most recently completed fiscal year
20 prior to the regular legislative session at which the
21 Legislature considers the General Appropriations Act for the
22 year in which the transfer to the Budget Stabilization Fund
23 must be made under this paragraph.
24 2. By September 15 of each year, the Governor shall
25 authorize the Chief Financial Officer Comptroller to transfer,
26 and the Chief Financial Officer Comptroller shall transfer
27 pursuant to appropriations made by law, to the Budget
28 Stabilization Fund the amount of money needed for the balance
29 of that fund to equal the amount specified in subparagraph 1.,
30 less any amounts expended and not restored. The moneys needed
31
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1 for this transfer may be appropriated by the Legislature from
2 any funds.
3 3. Unless otherwise provided in this subparagraph, an
4 expenditure from the Budget Stabilization Fund must be
5 restored pursuant to a restoration schedule that provides for
6 making five equal annual transfers from the General Revenue
7 Fund, beginning in the fiscal year following that in which the
8 expenditure was made. For any Budget Stabilization Fund
9 expenditure, the Legislature may establish by law a different
10 restoration schedule and such change may be made at any time
11 during the restoration period. Moneys are hereby appropriated
12 for transfers pursuant to this subparagraph.
13 4. The Budget Stabilization Fund and the Working
14 Capital Fund may be used as revolving funds for transfers as
15 provided in s. 18.125; however, any interest earned must be
16 deposited in the General Revenue Fund.
17 5. The Chief Financial Officer Comptroller and the
18 Department of Management Services shall transfer funds to
19 water management districts to pay eligible water management
20 district employees for all benefits due under s. 373.6065, as
21 long as funds remain available for the program described under
22 s. 100.152.
23 (d) The Working Capital Fund shall consist of moneys
24 in the General Revenue Fund which are in excess of the amount
25 needed to meet General Revenue Fund appropriations for the
26 current fiscal year. Each year, no later than the publishing
27 date of the annual financial statements for the state by the
28 Chief Financial Officer Comptroller under s. 216.102, funds
29 shall be transferred between the Working Capital Fund and the
30 General Revenue Fund to establish the balance of the Working
31
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1 Capital Fund for that fiscal year at the amount determined
2 pursuant to this paragraph.
3 Section 208. Effective January 7, 2003, subsections
4 (2) and (3) of section 215.3206, Florida Statutes, are amended
5 to read:
6 215.3206 Trust funds; termination or re-creation.--
7 (2) If the trust fund is terminated and not
8 immediately re-created, all cash balances and income of the
9 trust fund shall be deposited into the General Revenue Fund.
10 The agency or Chief Justice shall pay any outstanding debts of
11 the trust fund as soon as practicable, and the Chief Financial
12 Officer Comptroller shall close out and remove the trust fund
13 from the various state accounting systems, using generally
14 accepted accounting practices concerning warrants outstanding,
15 assets, and liabilities. No appropriation or budget amendment
16 shall be construed to authorize any encumbrance of funds from
17 a trust fund after the date on which the trust fund is
18 terminated or is judicially determined to be invalid.
19 (3) On or before September 1 of each year, the Chief
20 Financial Officer Comptroller shall submit to the Executive
21 Office of the Governor, the President of the Senate, and the
22 Speaker of the House of Representatives a list of trust funds
23 that are scheduled to terminate within 12 months after that
24 date and also, beginning September 1, 1996, a list of all
25 trust funds that are exempt from automatic termination
26 pursuant to the provisions of s. 19(f)(3), Art. III of the
27 State Constitution, listing revenues of the trust funds by
28 major revenue category for each of the last 4 fiscal years.
29 Section 209. Effective January 7, 2003, paragraph (a)
30 of subsection (2) of section 215.3208, Florida Statutes, is
31 amended to read:
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1 215.3208 Trust funds; legislative review.--
2 (2)(a) When the Legislature terminates a trust fund,
3 the agency or branch of state government that administers the
4 trust fund shall pay any outstanding debts or obligations of
5 the trust fund as soon as practicable, and the Chief Financial
6 Officer Comptroller shall close out and remove the trust fund
7 from the various state accounting systems, using generally
8 accepted accounting principles concerning assets, liabilities,
9 and warrants outstanding.
10 Section 210. Effective January 7, 2003, subsections
11 (2), (3), and (4) of section 215.322, Florida Statutes, are
12 amended to read:
13 215.322 Acceptance of credit cards, charge cards, or
14 debit cards by state agencies, units of local government, and
15 the judicial branch.--
16 (2) A state agency as defined in s. 216.011, or the
17 judicial branch, may accept credit cards, charge cards, or
18 debit cards in payment for goods and services with the prior
19 approval of the Chief Financial Officer Treasurer. When the
20 Internet or other related electronic methods are to be used as
21 the collection medium, the State Technology Office shall
22 review and recommend to the Chief Financial Officer Treasurer
23 whether to approve the request with regard to the process or
24 procedure to be used.
25 (3) The Chief Financial Officer Treasurer shall adopt
26 rules governing the establishment and acceptance of credit
27 cards, charge cards, or debit cards by state agencies or the
28 judicial branch, including, but not limited to, the following:
29 (a) Utilization of a standardized contract between the
30 financial institution or other appropriate intermediaries and
31 the agency or judicial branch which shall be developed by the
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1 Chief Financial Officer Treasurer or approval by the Chief
2 Financial Officer Treasurer of a substitute agreement.
3 (b) Procedures which permit an agency or officer
4 accepting payment by credit card, charge card, or debit card
5 to impose a convenience fee upon the person making the
6 payment. However, the total amount of such convenience fees
7 shall not exceed the total cost to the state agency. A
8 convenience fee is not refundable to the payor.
9 Notwithstanding the foregoing, this section shall not be
10 construed to permit surcharges on any other credit card
11 purchase in violation of s. 501.0117.
12 (c) All service fees payable pursuant to this section
13 when practicable shall be invoiced and paid by state warrant
14 or such other manner that is satisfactory to the Chief
15 Financial Officer Comptroller in accordance with the time
16 periods specified in s. 215.422.
17 (d) Submission of information to the Chief Financial
18 Officer Treasurer concerning the acceptance of credit cards,
19 charge cards, or debit cards by all state agencies or the
20 judicial branch.
21 (e) A methodology for agencies to use when completing
22 the cost-benefit analysis referred to in subsection (1). The
23 methodology must consider all quantifiable cost reductions,
24 other benefits to the agency, and potential impact on general
25 revenue. The methodology must also consider nonquantifiable
26 benefits such as the convenience to individuals and businesses
27 that would benefit from the ability to pay for state goods and
28 services through the use of credit cards, charge cards, and
29 debit cards.
30 (4) The Chief Financial Officer Treasurer is
31 authorized to establish contracts with one or more financial
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1 institutions, credit card companies, or other entities which
2 may lawfully provide such services, in a manner consistent
3 with chapter 287, for processing credit card, charge card, or
4 debit card collections for deposit into the State Treasury or
5 another qualified public depository. Any state agency, or the
6 judicial branch, which accepts payment by credit card, charge
7 card, or debit card shall use at least one of the contractors
8 established by the Chief Financial Officer Treasurer unless
9 the state agency or judicial branch obtains authorization from
10 the Chief Financial Officer Treasurer to use another
11 contractor which is more advantageous to such state agency or
12 the judicial branch. Such contracts may authorize a unit of
13 local government to use the services upon the same terms and
14 conditions for deposit of credit card, charge card, or debit
15 card transactions into its qualified public depositories.
16 Section 211. Effective January 7, 2003, subsections
17 (1) and (2) of section 215.34, Florida Statutes, are amended
18 to read:
19 215.34 State funds; noncollectible items; procedure.--
20 (1) Any check, draft, or other order for the payment
21 of money in payment of any licenses, fees, taxes, commissions,
22 or charges of any sort authorized to be made under the laws of
23 the state and deposited in the State Treasury as provided
24 herein, which may be returned for any reason by the bank or
25 other payor upon which same shall have been drawn shall be
26 forthwith returned by the Chief Financial Officer State
27 Treasurer for collection to the state officer, the state
28 agency, or the entity of the judicial branch making the
29 deposit. In such case, the Chief Financial Officer Treasurer
30 is hereby authorized to issue a debit memorandum charging an
31 account of the agency, officer, or entity of the judicial
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1 branch which originally received the payment. The original of
2 the debit memorandum shall state the reason for the return of
3 the check, draft, or other order and shall accompany the item
4 being returned to the officer, agency, or entity of the
5 judicial branch being charged, and a copy of the debit
6 memorandum shall be sent to the Comptroller. The officer,
7 agency, or entity of the judicial branch receiving the
8 charged-back item shall prepare a journal transfer which shall
9 debit the charge against the fund or account to which the same
10 shall have been originally credited. Such procedure for
11 handling noncollectible items shall not be construed as paying
12 funds out of the State Treasury without an appropriation, but
13 shall be considered as an administrative procedure for the
14 efficient handling of state records and accounts.
15 (2) Whenever a check, draft, or other order for the
16 payment of money is returned by the Chief Financial Officer
17 State Treasurer, or by a qualified public depository as
18 defined in s. 280.02, to a state officer, a state agency, or
19 the judicial branch for collection, the officer, agency, or
20 judicial branch shall add to the amount due a service fee of
21 $15 or 5 percent of the face amount of the check, draft, or
22 order, whichever is greater. An agency or the judicial branch
23 may adopt a rule which prescribes a lesser maximum service
24 fee, which shall be added to the amount due for the dishonored
25 check, draft, or other order tendered for a particular
26 service, license, tax, fee, or other charge, but in no event
27 shall the fee be less than $15. The service fee shall be in
28 addition to all other penalties imposed by law, except that
29 when other charges or penalties are imposed by an agency
30 related to a noncollectible item, the amount of the service
31 fee shall not exceed $150. Proceeds from this fee shall be
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1 deposited in the same fund as the collected item. Nothing in
2 this section shall be construed as authorization to deposit
3 moneys outside the State Treasury unless specifically
4 authorized by law.
5 Section 212. Effective January 7, 2003, section
6 215.35, Florida Statutes, is amended to read:
7 215.35 State funds; warrants and their issuance.--All
8 warrants issued by the Chief Financial Officer Comptroller
9 shall be numbered in chronological order commencing with
10 number one in each fiscal year and each warrant shall refer to
11 the Chief Financial Officer's Comptroller's voucher by the
12 number thereof, which voucher shall also be numbered as above
13 set forth. Each warrant shall state the name of the payee
14 thereof and the amount allowed, and said warrant shall be
15 stated in words at length. No warrant shall issue until same
16 has been authorized by an appropriation made by law but such
17 warrant need not state or set forth such authorization. The
18 Chief Financial Officer Comptroller shall register and
19 maintain a record of each warrant in his or her office. The
20 record shall show the funds, accounts, purposes, and
21 departments involved in the issuance of each warrant. In
22 those instances where the expenditure of funds of regulatory
23 boards or commissions has been provided for by laws other than
24 the annual appropriations bill, warrants shall be issued upon
25 requisition to the Chief Financial Officer State Comptroller
26 by the governing body of such board or commission.
27 Section 213. Effective January 7, 2003, section
28 215.405, Florida Statutes, is amended to read:
29 215.405 State agencies and the judicial branch
30 authorized to collect costs of fingerprinting.--Any state
31 agency, or the judicial branch, exercising regulatory
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1 authority and authorized to take fingerprints of persons
2 within or seeking to come within such agency's or the judicial
3 branch's regulatory power may collect from the person or
4 entity on whose behalf the fingerprints were submitted the
5 actual costs of processing such fingerprints including, but
6 not limited to, any charges imposed by the Department of Law
7 Enforcement or any agency or branch of the United States
8 Government. This provision shall constitute express authority
9 for state agencies and the judicial branch to collect the
10 actual costs of processing the fingerprints either prior to or
11 subsequent to the actual processing and shall supersede any
12 other law to the contrary. To administer the provisions of
13 this section, a state agency, or the judicial branch, electing
14 to collect the cost of fingerprinting is empowered to
15 promulgate and adopt rules to establish the amounts and the
16 methods of payment needed to collect such costs. Collections
17 made under these provisions shall be deposited with the Chief
18 Financial Officer Treasurer to an appropriate trust fund
19 account to be designated by the Executive Office of the
20 Governor.
21 Section 214. Effective January 7, 2003, section
22 215.42, Florida Statutes, is amended to read:
23 215.42 Purchases from appropriations, proof of
24 delivery.--The Chief Financial Officer State Comptroller may
25 require proof, as he or she deems necessary, of delivery and
26 receipt of purchases before honoring any voucher for payment
27 from appropriations made in the General Appropriations Act or
28 otherwise provided by law.
29 Section 215. Effective January 7, 2003, subsections
30 (1), (2), (3), (5), (6), (7), (8), (11), (13), (14), and (16)
31 of section 215.422, Florida Statutes, are amended to read:
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1 215.422 Warrants, vouchers, and invoices; processing
2 time limits; dispute resolution; agency or judicial branch
3 compliance.--
4 (1) The voucher authorizing payment of an invoice
5 submitted to an agency of the state or the judicial branch,
6 required by law to be filed with the Chief Financial Officer
7 Comptroller, shall be filed with the Chief Financial Officer
8 Comptroller not later than 20 days after receipt of the
9 invoice and receipt, inspection, and approval of the goods or
10 services, except that in the case of a bona fide dispute the
11 voucher shall contain a statement of the dispute and authorize
12 payment only in the amount not disputed. The Chief Financial
13 Officer Comptroller may establish dollar thresholds and other
14 criteria for all invoices and may delegate to a state agency
15 or the judicial branch responsibility for maintaining the
16 official vouchers and documents for invoices which do not
17 exceed the thresholds or which meet the established criteria.
18 Such records shall be maintained in accordance with the
19 requirements established by the Secretary of State. The
20 electronic payment request transmission to the Chief Financial
21 Officer Comptroller shall constitute filing of a voucher for
22 payment of invoices for which the Chief Financial Officer
23 Comptroller has delegated to an agency custody of official
24 records. Approval and inspection of goods or services shall
25 take no longer than 5 working days unless the bid
26 specifications, purchase order, or contract specifies
27 otherwise. If a voucher filed within the 20-day period is
28 returned by the Chief Financial Officer Department of Banking
29 and Finance because of an error, it shall nevertheless be
30 deemed timely filed. The 20-day filing requirement may be
31 waived in whole or in part by the Chief Financial Officer
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1 Department of Banking and Finance on a showing of exceptional
2 circumstances in accordance with rules and regulations of the
3 Chief Financial Officer department. For the purposes of
4 determining the receipt of invoice date, the agency or the
5 judicial branch is deemed to receive an invoice on the date on
6 which a proper invoice is first received at the place
7 designated by the agency or the judicial branch. The agency
8 or the judicial branch is deemed to receive an invoice on the
9 date of the invoice if the agency or the judicial branch has
10 failed to annotate the invoice with the date of receipt at the
11 time the agency or the judicial branch actually received the
12 invoice or failed at the time the order is placed or contract
13 made to designate a specific location to which the invoice
14 must be delivered.
15 (2) The warrant in payment of an invoice submitted to
16 an agency of the state or the judicial branch shall be issued
17 not later than 10 days after filing of the voucher authorizing
18 payment. However, this requirement may be waived in whole or
19 in part by the Chief Financial Officer Department of Banking
20 and Finance on a showing of exceptional circumstances in
21 accordance with rules and regulations of the Chief Financial
22 Officer department. If the 10-day period contains fewer than
23 6 working days, the Chief Financial Officer Department of
24 Banking and Finance shall be deemed in compliance with this
25 subsection if the warrant is issued within 6 working days
26 without regard to the actual number of calendar days. For
27 purposes of this section, a payment is deemed to be issued on
28 the first working day that payment is available for delivery
29 or mailing to the vendor.
30 (3)(a) Each agency of the state or the judicial branch
31 which is required by law to file vouchers with the Chief
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1 Financial Officer Comptroller shall keep a record of the date
2 of receipt of the invoice; dates of receipt, inspection, and
3 approval of the goods or services; date of filing of the
4 voucher; and date of issuance of the warrant in payment
5 thereof. If the voucher is not filed or the warrant is not
6 issued within the time required, an explanation in writing by
7 the agency head or the Chief Justice shall be submitted to the
8 Chief Financial Officer Department of Banking and Finance in a
9 manner prescribed by it. Agencies and the judicial branch
10 shall continue to deliver or mail state payments promptly.
11 (b) If a warrant in payment of an invoice is not
12 issued within 40 days after receipt of the invoice and
13 receipt, inspection, and approval of the goods and services,
14 the agency or judicial branch shall pay to the vendor, in
15 addition to the amount of the invoice, interest at a rate as
16 established pursuant to s. 55.03(1) on the unpaid balance from
17 the expiration of such 40-day period until such time as the
18 warrant is issued to the vendor. Such interest shall be added
19 to the invoice at the time of submission to the Chief
20 Financial Officer Comptroller for payment whenever possible.
21 If addition of the interest penalty is not possible, the
22 agency or judicial branch shall pay the interest penalty
23 payment within 15 days after issuing the warrant. The
24 provisions of this paragraph apply only to undisputed amounts
25 for which payment has been authorized. Disputes shall be
26 resolved in accordance with rules developed and adopted by the
27 Chief Justice for the judicial branch, and rules adopted by
28 the Chief Financial Officer Department of Banking and Finance
29 or in a formal administrative proceeding before an
30 administrative law judge of the Division of Administrative
31 Hearings for state agencies, provided that, for the purposes
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1 of ss. 120.569 and 120.57(1), no party to a dispute involving
2 less than $1,000 in interest penalties shall be deemed to be
3 substantially affected by the dispute or to have a substantial
4 interest in the decision resolving the dispute. In the case of
5 an error on the part of the vendor, the 40-day period shall
6 begin to run upon receipt by the agency or the judicial branch
7 of a corrected invoice or other remedy of the error. The
8 provisions of this paragraph do not apply when the filing
9 requirement under subsection (1) or subsection (2) has been
10 waived in whole by the Chief Financial Officer Department of
11 Banking and Finance. The various state agencies and the
12 judicial branch shall be responsible for initiating the
13 penalty payments required by this subsection and shall use
14 this subsection as authority to make such payments. The budget
15 request submitted to the Legislature shall specifically
16 disclose the amount of any interest paid by any agency or the
17 judicial branch pursuant to this subsection. The temporary
18 unavailability of funds to make a timely payment due for goods
19 or services does not relieve an agency or the judicial branch
20 from the obligation to pay interest penalties under this
21 section.
22 (c) An agency or the judicial branch may make partial
23 payments to a contractor upon partial delivery of goods or
24 services or upon partial completion of construction when a
25 request for such partial payment is made by the contractor and
26 approved by the agency. Provisions of this section and rules
27 of the Chief Financial Officer Department of Banking and
28 Finance shall apply to partial payments in the same manner as
29 they apply to full payments.
30 (5) All purchasing agreements between a state agency
31 or the judicial branch and a vendor, applicable to this
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1 section, shall include a statement of the vendor's rights and
2 the state's responsibilities under this section. The vendor's
3 rights shall include being provided with the telephone number
4 of the vendor ombudsman within the Chief Financial Officer
5 Department of Banking and Finance, which information shall
6 also be placed on all agency or judicial branch purchase
7 orders.
8 (6) The Chief Financial Officer Department of Banking
9 and Finance shall monitor each agency's and the judicial
10 branch's compliance with the time limits and interest penalty
11 provisions of this section. The Chief Financial Officer
12 department shall provide a report to an agency or to the
13 judicial branch if the Chief Financial Officer department
14 determines that the agency or the judicial branch has failed
15 to maintain an acceptable rate of compliance with the time
16 limits and interest penalty provisions of this section. The
17 Chief Financial Officer department shall establish criteria
18 for determining acceptable rates of compliance. The report
19 shall also include a list of late vouchers or payments, the
20 amount of interest owed or paid, and any corrective actions
21 recommended. The Chief Financial Officer department shall
22 perform monitoring responsibilities, pursuant to this section,
23 using the Management Services and Purchasing Subsystem or the
24 Florida Accounting Information Resource Subsystem provided in
25 s. 215.94. Each agency and the judicial branch shall be
26 responsible for the accuracy of information entered into the
27 Management Services and Purchasing Subsystem and the Florida
28 Accounting Information Resource Subsystem for use in this
29 monitoring.
30 (7) There is created a vendor ombudsman within the
31 Office of the Chief Financial Officer Department of Banking
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1 and Finance who shall be responsible for the following
2 functions:
3 (a) Performing the duties of the office department
4 pursuant to subsection (6).
5 (b) Reviewing requests for waivers due to exceptional
6 circumstances.
7 (c) Disseminating information relative to the prompt
8 payment policies of this state and assisting vendors in
9 receiving their payments in a timely manner.
10 (d) Performing such other duties as determined by the
11 Chief Financial Officer department.
12 (8) The Chief Financial Officer Department of Banking
13 and Finance is authorized and directed to adopt and promulgate
14 rules and regulations to implement this section and for
15 resolution of disputes involving amounts of less than $1,000
16 in interest penalties for state agencies. No agency or the
17 judicial branch shall adopt any rule or policy that is
18 inconsistent with this section or the Chief Financial
19 Officer's Department of Banking and Finance's rules or
20 policies.
21 (11) Travel and other reimbursements to state officers
22 and employees must be the same as payments to vendors under
23 this section, except payment of Class C travel subsistence.
24 Class C travel subsistence shall be paid in accordance with
25 the schedule established by the Chief Financial Officer
26 Comptroller pursuant to s. 112.061(5)(b). This section does
27 not apply to payments made to state agencies, the judicial
28 branch, or the legislative branch.
29 (13) Notwithstanding the provisions of subsections (3)
30 and (12), in order to alleviate any hardship that may be
31 caused to a health care provider as a result of delay in
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1 receiving reimbursement for services, any payment or payments
2 for hospital, medical, or other health care services which are
3 to be reimbursed by a state agency or the judicial branch,
4 either directly or indirectly, shall be made to the health
5 care provider not more than 35 days from the date eligibility
6 for payment of such claim is determined. If payment is not
7 issued to a health care provider within 35 days after the date
8 eligibility for payment of the claim is determined, the state
9 agency or the judicial branch shall pay the health care
10 provider interest at a rate of 1 percent per month calculated
11 on a calendar day basis on the unpaid balance from the
12 expiration of such 35-day period until such time as payment is
13 made to the health care provider, unless a waiver in whole has
14 been granted by the Chief Financial Officer Department of
15 Banking and Finance pursuant to subsection (1) or subsection
16 (2).
17 (14) The Chief Financial Officer Comptroller may adopt
18 rules to authorize advance payments for goods and services,
19 including, but not limited to, maintenance agreements and
20 subscriptions. Such rules shall provide objective criteria
21 for determining when it is in the best interest of the state
22 to make payments in advance and shall also provide for
23 adequate protection to ensure that such goods or services will
24 be provided.
25 (16) Notwithstanding the provisions of s. 24.120(3),
26 applicable to warrants issued for payment of invoices
27 submitted by the Department of the Lottery, the Chief
28 Financial Officer Comptroller may, by written agreement with
29 the Department of the Lottery, establish a shorter time
30 requirement than the 10 days provided in subsection (2) for
31 warrants issued for payment. Pursuant to such written
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1 agreement, the Department of the Lottery shall reimburse the
2 Chief Financial Officer Comptroller for costs associated with
3 processing invoices under the agreement.
4 Section 216. Effective January 7, 2003, section
5 215.50, Florida Statutes, is amended to read:
6 215.50 Custody of securities purchased; income.--
7 (1) All securities purchased or held may, with the
8 approval of the board, be in the custody of the Chief
9 Financial Officer Treasurer or the Chief Financial Officer
10 Treasurer as treasurer ex officio of the board, or be
11 deposited with a bank or trust company to be held in
12 safekeeping by such bank or trust company for the collection
13 of principal and interest or of the proceeds of the sale
14 thereof.
15 (2) It shall be the duty of the board or of the Chief
16 Financial Officer Treasurer, as custodian of the securities of
17 the board, to collect the interest or other income on, and the
18 principal of, such securities in their custody as the sums
19 become due and payable and to pay the same, when so collected,
20 into the investment account of the fund to which the
21 investments belong.
22 (3) The Chief Financial Officer Treasurer, as
23 custodian of securities owned by the Florida Retirement System
24 Trust Fund and the Florida Survivor Benefit Trust Fund, shall
25 collect the interest, dividends, prepayments, maturities,
26 proceeds from sales, and other income accruing from such
27 assets. As such income is collected by the Chief Financial
28 Officer Treasurer, it shall be deposited directly into a
29 commercial bank to the credit of the State Board of
30 Administration. Such bank accounts as may be required for
31 this purpose shall offer satisfactory collateral security as
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1 provided by chapter 280. In the event funds so deposited
2 according to the provisions of this section are required for
3 the purpose of paying benefits or other operational needs, the
4 State Board of Administration shall remit to the Florida
5 Retirement System Trust Fund in the State Treasury such
6 amounts as may be requested by the Department of Management
7 Services.
8 (4) Securities that the board selects to use for
9 options operations under s. 215.45 or for lending under s.
10 215.47(16) shall be registered by the Chief Financial Officer
11 Treasurer in the name of a third-party nominee in order to
12 facilitate such operations.
13 Section 217. Effective January 7, 2003, section
14 215.551, Florida Statutes, is amended to read:
15 215.551 Federal Use of State Lands Trust Fund; county
16 distribution.--
17 (1) The Chief Financial Officer Comptroller may make
18 distribution of the Federal Use of State Lands Trust Fund,
19 when so requested by the counties in interest, of such amounts
20 as may be accumulated in that fund.
21 (2) The Chief Financial Officer Comptroller shall
22 ascertain, from the records of the General Land Office or
23 other departments in Washington, D.C., the number of acres of
24 land situated in the several counties in which the
25 Apalachicola, Choctawhatchee, Ocala, and Osceola Forest
26 Reserves are located, the number of acres of land of such
27 forest reserve embraced in each of the counties in each of the
28 reserves, and, also, the amount of money received by the
29 United States Government from each of the reserves,
30 respectively. The Chief Financial Officer Comptroller shall
31 apportion the money on hand to each county in each reserve,
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1 respectively and separately; such distribution shall be based
2 upon the number of acres of land embraced in the Apalachicola
3 Forest, Choctawhatchee Forest, Ocala Forest, and Osceola
4 Forest, respectively, in each county and shall be further
5 based upon the amount collected by the United States from each
6 of such forests, so that such distribution, when made, will
7 include for each county the amount due each county, based upon
8 the receipts for the particular forest and the acreage in the
9 particular county in which such forest is located. The Chief
10 Financial Officer Comptroller shall issue two warrants on the
11 Treasury Treasurer in each case, the sum of which shall be the
12 amount due each of such counties from the fund. One warrant
13 shall be payable to the county for the county general road
14 fund, and one warrant, of equal amount, shall be payable to
15 such county's district school board for the district school
16 fund.
17 (3) In the event that actual figures of receipts from
18 different reserves cannot be obtained by counties, so as to
19 fully comply with subsections (1) and (2), the Chief Financial
20 Officer Comptroller may adjust the matter according to the
21 United States statutes, or as may appear to him or her to be
22 just and fair, and with the approval of all counties in
23 interest.
24 (4) The moneys that may be received and credited to
25 the Federal Use of State Lands Trust Fund are appropriated for
26 the payment of the warrants of the Chief Financial Officer
27 Comptroller drawn on the Treasury Treasurer in pursuance of
28 this section.
29 Section 218. Effective January 7, 2003, section
30 215.552, Florida Statutes, is amended to read:
31
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1 215.552 Federal Use of State Lands Trust Fund; land
2 within military installations; county distribution.--The Chief
3 Financial Officer Comptroller shall distribute moneys from the
4 Federal Use of State Lands Trust Fund when so requested by the
5 counties so affected. The Chief Financial Officer Comptroller
6 shall apportion the money on hand equal to the percentage of
7 land in each county within each military installation, and the
8 amount so apportioned to each county shall be applied by such
9 counties equally divided between the district school fund and
10 the general road fund of such counties.
11 Section 219. Effective January 7, 2003, paragraph (c)
12 of subsection (2), paragraph (d) of subsection (4), and
13 paragraphs (a), (b), and (c) of subsection (6) of section
14 215.555, Florida Statutes, are amended to read:
15 215.555 Florida Hurricane Catastrophe Fund.--
16 (2) DEFINITIONS.--As used in this section:
17 (c) "Covered policy" means any insurance policy
18 covering residential property in this state, including, but
19 not limited to, any homeowner's, mobile home owner's, farm
20 owner's, condominium association, condominium unit owner's,
21 tenant's, or apartment building policy, or any other policy
22 covering a residential structure or its contents issued by any
23 authorized insurer, including any joint underwriting
24 association or similar entity created pursuant to law.
25 Additionally, covered policies include policies covering the
26 peril of wind removed from the Florida Residential Property
27 and Casualty Joint Underwriting Association, created pursuant
28 to s. 627.351(6), or from the Florida Windstorm Underwriting
29 Association, created pursuant to s. 627.351(2), by an
30 authorized insurer under the terms and conditions of an
31 executed assumption agreement between the authorized insurer
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1 and either such association. Each assumption agreement between
2 either association and such authorized insurer must be
3 approved by the Florida Department of Insurance and Financial
4 Services prior to the effective date of the assumption, and
5 the Department of Insurance and Financial Services must
6 provide written notification to the board within 15 working
7 days after such approval. "Covered policy" does not include
8 any policy that excludes wind coverage or hurricane coverage
9 or any reinsurance agreement and does not include any policy
10 otherwise meeting this definition which is issued by a surplus
11 lines insurer or a reinsurer.
12 (4) REIMBURSEMENT CONTRACTS.--
13 (d)1. For purposes of determining potential liability
14 and to aid in the sound administration of the fund, the
15 contract shall require each insurer to report such insurer's
16 losses from each covered event on an interim basis, as
17 directed by the board. The contract shall require the insurer
18 to report to the board no later than December 31 of each year,
19 and quarterly thereafter, its reimbursable losses from covered
20 events for the year. The contract shall require the board to
21 determine and pay, as soon as practicable after receiving
22 these reports of reimbursable losses, the initial amount of
23 reimbursement due and adjustments to this amount based on
24 later loss information. The adjustments to reimbursement
25 amounts shall require the board to pay, or the insurer to
26 return, amounts reflecting the most recent calculation of
27 losses.
28 2. In determining reimbursements pursuant to this
29 subsection, the contract shall provide that the board shall:
30 a. First reimburse insurers writing covered policies,
31 which insurers are in full compliance with this section and
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1 have petitioned the Department of Insurance and Financial
2 Services and qualified as limited apportionment companies
3 under s. 627.351(2)(b)3. The amount of such reimbursement
4 shall be the lesser of $10 million or an amount equal to 10
5 times the insurer's reimbursement premium for the current
6 year. The amount of reimbursement paid under this
7 sub-subparagraph may not exceed the full amount of
8 reimbursement promised in the reimbursement contract. This
9 sub-subparagraph does not apply with respect to any contract
10 year in which the year-end projected cash balance of the fund,
11 exclusive of any bonding capacity of the fund, exceeds $2
12 billion. Only one member of any insurer group may receive
13 reimbursement under this sub-subparagraph.
14 b. Next pay to each insurer such insurer's projected
15 payout, which is the amount of reimbursement it is owed, up to
16 an amount equal to the insurer's share of the actual premium
17 paid for that contract year, multiplied by the actual
18 claims-paying capacity available for that contract year;
19 provided, entities created pursuant to s. 627.351 shall be
20 further reimbursed in accordance with sub-subparagraph c.
21 c. Thereafter, establish, based on reimbursable
22 losses, the prorated reimbursement level at the highest level
23 for which any remaining fund balance or bond proceeds are
24 sufficient to reimburse entities created pursuant to s.
25 627.351 for losses exceeding the amounts payable pursuant to
26 sub-subparagraph b. for the current contract year.
27 (6) REVENUE BONDS.--
28 (a) General provisions.--
29 1. Upon the occurrence of a hurricane and a
30 determination that the moneys in the fund are or will be
31 insufficient to pay reimbursement at the levels promised in
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1 the reimbursement contracts, the board may take the necessary
2 steps under paragraph (b) or paragraph (c) for the issuance of
3 revenue bonds for the benefit of the fund. The proceeds of
4 such revenue bonds may be used to make reimbursement payments
5 under reimbursement contracts; to refinance or replace
6 previously existing borrowings or financial arrangements; to
7 pay interest on bonds; to fund reserves for the bonds; to pay
8 expenses incident to the issuance or sale of any bond issued
9 under this section, including costs of validating, printing,
10 and delivering the bonds, costs of printing the official
11 statement, costs of publishing notices of sale of the bonds,
12 and related administrative expenses; or for such other
13 purposes related to the financial obligations of the fund as
14 the board may determine. The term of the bonds may not exceed
15 30 years. The board may pledge or authorize the corporation to
16 pledge all or a portion of all revenues under subsection (5)
17 and under subparagraph 3. to secure such revenue bonds and the
18 board may execute such agreements between the board and the
19 issuer of any revenue bonds and providers of other financing
20 arrangements under paragraph (7)(b) as the board deems
21 necessary to evidence, secure, preserve, and protect such
22 pledge. If reimbursement premiums received under subsection
23 (5) or earnings on such premiums are used to pay debt service
24 on revenue bonds, such premiums and earnings shall be used
25 only after the use of the moneys derived from assessments
26 under subparagraph 3. The funds, credit, property, or taxing
27 power of the state or political subdivisions of the state
28 shall not be pledged for the payment of such bonds. The board
29 may also enter into agreements under paragraph (b) or
30 paragraph (c) for the purpose of issuing revenue bonds in the
31 absence of a hurricane upon a determination that such action
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1 would maximize the ability of the fund to meet future
2 obligations.
3 2. The Legislature finds and declares that the
4 issuance of bonds under this subsection is for the public
5 purpose of paying the proceeds of the bonds to insurers,
6 thereby enabling insurers to pay the claims of policyholders
7 to assure that policyholders are able to pay the cost of
8 construction, reconstruction, repair, restoration, and other
9 costs associated with damage to property of policyholders of
10 covered policies after the occurrence of a hurricane. Revenue
11 bonds may not be issued under this subsection until validated
12 under chapter 75. The validation of at least the first
13 obligations incurred pursuant to this subsection shall be
14 appealed to the Supreme Court, to be handled on an expedited
15 basis.
16 3. If the board determines that the amount of revenue
17 produced under subsection (5) is insufficient to fund the
18 obligations, costs, and expenses of the fund and the
19 corporation, including repayment of revenue bonds, the board
20 shall direct the Department of Insurance and Financial
21 Services to levy an emergency assessment on each insurer
22 writing property and casualty business in this state. Pursuant
23 to the emergency assessment, each such insurer shall pay to
24 the corporation by July 1 of each year an amount set by the
25 board not exceeding 2 percent of its gross direct written
26 premium for the prior year from all property and casualty
27 business in this state except for workers' compensation,
28 except that, if the Governor has declared a state of emergency
29 under s. 252.36 due to the occurrence of a covered event, the
30 amount of the assessment for the contract year may be
31 increased to an amount not exceeding 4 percent of such
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1 premium. Any assessment authority not used for the contract
2 year may be used for a subsequent contract year. If, for a
3 subsequent contract year, the board determines that the amount
4 of revenue produced under subsection (5) is insufficient to
5 fund the obligations, costs, and expenses of the fund and the
6 corporation, including repayment of revenue bonds for that
7 contract year, the board shall direct the Department of
8 Insurance and Financial Services to levy an emergency
9 assessment up to an amount not exceeding the amount of unused
10 assessment authority from a previous contract year or years,
11 plus an additional 2 percent if the Governor has declared a
12 state of emergency under s. 252.36 due to the occurrence of a
13 covered event. Any assessment authority not used for the
14 contract year may be used for a subsequent contract year. As
15 used in this subsection, the term "property and casualty
16 business" includes all lines of business identified on Form 2,
17 Exhibit of Premiums and Losses, in the annual statement
18 required by s. 624.424 and any rules adopted under such
19 section, except for those lines identified as accident and
20 health insurance. The annual assessments under this
21 subparagraph shall continue as long as the revenue bonds
22 issued with respect to which the assessment was imposed are
23 outstanding, unless adequate provision has been made for the
24 payment of such bonds pursuant to the documents authorizing
25 issuance of the bonds. An insurer shall not at any time be
26 subject to aggregate annual assessments under this
27 subparagraph of more than 2 percent of premium, except that in
28 the case of a declared emergency, an insurer shall not at any
29 time be subject to aggregate annual assessments under this
30 subparagraph of more than 6 percent of premium; provided, no
31 more than 4 percent may be assessed for any one contract year.
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1 Any rate filing or portion of a rate filing reflecting a rate
2 change attributable entirely to the assessment levied under
3 this subparagraph shall be deemed approved when made, subject
4 to the authority of the Department of Insurance and Financial
5 Services to require actuarial justification as to the adequacy
6 of any rate at any time. If the rate filing reflects only a
7 rate change attributable to the assessment under this
8 paragraph, the filing may consist of a certification so
9 stating. The assessments otherwise payable to the corporation
10 pursuant to this subparagraph shall be paid instead to the
11 fund unless and until the Department of Insurance and
12 Financial Services has received from the corporation and the
13 fund a notice, which shall be conclusive and upon which the
14 Department of Insurance and Financial Services may rely
15 without further inquiry, that the corporation has issued bonds
16 and the fund has no agreements in effect with local
17 governments pursuant to paragraph (b). On or after the date
18 of such notice and until such date as the corporation has no
19 bonds outstanding, the fund shall have no right, title, or
20 interest in or to the assessments, except as provided in the
21 fund's agreements with the corporation.
22 (b) Revenue bond issuance through counties or
23 municipalities.--
24 1. If the board elects to enter into agreements with
25 local governments for the issuance of revenue bonds for the
26 benefit of the fund, the board shall enter into such contracts
27 with one or more local governments, including agreements
28 providing for the pledge of revenues, as are necessary to
29 effect such issuance. The governing body of a county or
30 municipality is authorized to issue bonds as defined in s.
31 125.013 or s. 166.101 from time to time to fund an assistance
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1 program, in conjunction with the Florida Hurricane Catastrophe
2 Fund, for the purposes set forth in this section or for the
3 purpose of paying the costs of construction, reconstruction,
4 repair, restoration, and other costs associated with damage to
5 properties of policyholders of covered policies due to the
6 occurrence of a hurricane by assuring that policyholders
7 located in this state are able to recover claims under
8 property insurance policies after a covered event.
9 2. In order to avoid needless and indiscriminate
10 proliferation, duplication, and fragmentation of such
11 assistance programs, any local government may provide for the
12 payment of fund reimbursements, regardless of whether or not
13 the losses for which reimbursement is made occurred within or
14 outside of the territorial jurisdiction of the local
15 government.
16 3. The state hereby covenants with holders of bonds
17 issued under this paragraph that the state will not repeal or
18 abrogate the power of the board to direct the Department of
19 Insurance and Financial Services to levy the assessments and
20 to collect the proceeds of the revenues pledged to the payment
21 of such bonds as long as any such bonds remain outstanding
22 unless adequate provision has been made for the payment of
23 such bonds pursuant to the documents authorizing the issuance
24 of such bonds.
25 4. There shall be no liability on the part of, and no
26 cause of action shall arise against any members or employees
27 of the governing body of a local government for any actions
28 taken by them in the performance of their duties under this
29 paragraph.
30 (c) Florida Hurricane Catastrophe Fund Finance
31 Corporation.--
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1 1. In addition to the findings and declarations in
2 subsection (1), the Legislature also finds and declares that:
3 a. The public benefits corporation created under this
4 paragraph will provide a mechanism necessary for the
5 cost-effective and efficient issuance of bonds. This mechanism
6 will eliminate unnecessary costs in the bond issuance process,
7 thereby increasing the amounts available to pay reimbursement
8 for losses to property sustained as a result of hurricane
9 damage.
10 b. The purpose of such bonds is to fund reimbursements
11 through the Florida Hurricane Catastrophe Fund to pay for the
12 costs of construction, reconstruction, repair, restoration,
13 and other costs associated with damage to properties of
14 policyholders of covered policies due to the occurrence of a
15 hurricane.
16 c. The efficacy of the financing mechanism will be
17 enhanced by the corporation's ownership of the assessments, by
18 the insulation of the assessments from possible bankruptcy
19 proceedings, and by covenants of the state with the
20 corporation's bondholders.
21 2.a. There is created a public benefits corporation,
22 which is an instrumentality of the state, to be known as the
23 Florida Hurricane Catastrophe Fund Finance Corporation.
24 b. The corporation shall operate under a five-member
25 board of directors consisting of the Governor or a designee,
26 the Chief Financial Officer Comptroller or a designee, the
27 Attorney General the Treasurer or a designee, the director of
28 the Division of Bond Finance of the State Board of
29 Administration, and the chief operating officer of the Florida
30 Hurricane Catastrophe Fund.
31
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1 c. The corporation has all of the powers of
2 corporations under chapter 607 and under chapter 617, subject
3 only to the provisions of this subsection.
4 d. The corporation may issue bonds and engage in such
5 other financial transactions as are necessary to provide
6 sufficient funds to achieve the purposes of this section.
7 e. The corporation may invest in any of the
8 investments authorized under s. 215.47.
9 f. There shall be no liability on the part of, and no
10 cause of action shall arise against, any board members or
11 employees of the corporation for any actions taken by them in
12 the performance of their duties under this paragraph.
13 3.a. In actions under chapter 75 to validate any bonds
14 issued by the corporation, the notice required by s. 75.06
15 shall be published only in Leon County and in two newspapers
16 of general circulation in the state, and the complaint and
17 order of the court shall be served only on the State Attorney
18 of the Second Judicial Circuit.
19 b. The state hereby covenants with holders of bonds of
20 the corporation that the state will not repeal or abrogate the
21 power of the board to direct the Department of Insurance and
22 Financial Services to levy the assessments and to collect the
23 proceeds of the revenues pledged to the payment of such bonds
24 as long as any such bonds remain outstanding unless adequate
25 provision has been made for the payment of such bonds pursuant
26 to the documents authorizing the issuance of such bonds.
27 4. The bonds of the corporation are not a debt of the
28 state or of any political subdivision, and neither the state
29 nor any political subdivision is liable on such bonds. The
30 corporation does not have the power to pledge the credit, the
31 revenues, or the taxing power of the state or of any political
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1 subdivision. The credit, revenues, or taxing power of the
2 state or of any political subdivision shall not be deemed to
3 be pledged to the payment of any bonds of the corporation.
4 5.a. The property, revenues, and other assets of the
5 corporation; the transactions and operations of the
6 corporation and the income from such transactions and
7 operations; and all bonds issued under this paragraph and
8 interest on such bonds are exempt from taxation by the state
9 and any political subdivision, including the intangibles tax
10 under chapter 199 and the income tax under chapter 220. This
11 exemption does not apply to any tax imposed by chapter 220 on
12 interest, income, or profits on debt obligations owned by
13 corporations other than the Florida Hurricane Catastrophe Fund
14 Finance Corporation.
15 b. All bonds of the corporation shall be and
16 constitute legal investments without limitation for all public
17 bodies of this state; for all banks, trust companies, savings
18 banks, savings associations, savings and loan associations,
19 and investment companies; for all administrators, executors,
20 trustees, and other fiduciaries; for all insurance companies
21 and associations and other persons carrying on an insurance
22 business; and for all other persons who are now or may
23 hereafter be authorized to invest in bonds or other
24 obligations of the state and shall be and constitute eligible
25 securities to be deposited as collateral for the security of
26 any state, county, municipal, or other public funds. This
27 sub-subparagraph shall be considered as additional and
28 supplemental authority and shall not be limited without
29 specific reference to this sub-subparagraph.
30 6. The corporation and its corporate existence shall
31 continue until terminated by law; however, no such law shall
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1 take effect as long as the corporation has bonds outstanding
2 unless adequate provision has been made for the payment of
3 such bonds pursuant to the documents authorizing the issuance
4 of such bonds. Upon termination of the existence of the
5 corporation, all of its rights and properties in excess of its
6 obligations shall pass to and be vested in the state.
7 Section 220. Effective January 7, 2003, subsection (5)
8 of section 215.559, Florida Statutes, is amended to read:
9 215.559 Hurricane Loss Mitigation Program.--
10 (5) Except for the program set forth in subsection
11 (3), the Department of Community Affairs shall develop the
12 programs set forth in this section in consultation with an
13 advisory council consisting of a representative designated by
14 the Department of Insurance and Financial Services, a
15 representative designated by the Florida Home Builders
16 Association, a representative designated by the Florida
17 Insurance Council, a representative designated by the
18 Federation of Manufactured Home Owners, a representative
19 designated by the Florida Association of Counties, and a
20 representative designated by the Florida Manufactured Housing
21 Association.
22 Section 221. Effective January 7, 2003, paragraphs (c)
23 and (d) of subsection (1), paragraphs (b), (d), (e), and (f)
24 of subsection (2), and subsection (3) of section 215.56005,
25 Florida Statutes, are amended to read:
26 215.56005 Tobacco Settlement Financing Corporation.--
27 (1) DEFINITIONS.--As used in this section:
28 (c) "Department" means the Department of Banking and
29 Finance or its successor.
30 (c)(d) "Purchase agreement" means a contract between
31 the corporation and the State of Florida, acting by and
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1 through the Chief Financial Officer department, in which the
2 State of Florida sells to the corporation any or all of the
3 state's right, title, and interest in and to the tobacco
4 settlement agreement, including, but not limited to, the
5 moneys to be received thereunder.
6 (2) CORPORATION CREATION AND AUTHORITY.--
7 (b) The corporation shall be governed by a board of
8 directors consisting of the Governor, the Chief Financial
9 Officer, or his or her designee, Treasurer, the Comptroller,
10 the Attorney General, two directors appointed from the
11 membership of the Senate by the President of the Senate, and
12 two directors appointed from the membership of the House of
13 Representatives by the Speaker of the House of
14 Representatives. On January 7, 2003, the board shall include
15 the Chief Financial Officer or the Chief Financial Officer's
16 designee, in place of the Treasurer and the Comptroller or
17 their designees. The executive director of the State Board of
18 Administration shall be the chief executive officer of the
19 corporation and shall direct and supervise the administrative
20 affairs and operation of the corporation. The corporation
21 shall also have such other officers as may be determined by
22 the board of directors.
23 (d) The corporation is authorized to enter into one or
24 more purchase agreements with the Chief Financial Officer
25 department pursuant to which the corporation purchases any or
26 all of the state's right, title, and interest in and to the
27 tobacco settlement agreement and to execute and deliver any
28 other documents necessary or desirable to effectuate such
29 purchase. Sale of all or part of the state's right, title, and
30 interest in and to the tobacco settlement agreement is subject
31 to approval by the Legislature in a regular, extended, or
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1 special session. The tobacco settlement agreement moneys
2 received pursuant to the purchase agreements may be used for
3 the costs and expenses of administration of the corporation.
4 (e)1. The corporation may issue bonds payable from and
5 secured by amounts payable to the corporation pursuant to the
6 tobacco settlement agreement. Issuance of bonds by the
7 corporation is subject to approval by the Legislature in a
8 regular, extended, or special session. In addition, the
9 corporation is authorized to issue bonds to refund previously
10 issued bonds and to deposit the proceeds of such bonds as
11 provided in the documents authorizing the issuance of such
12 bonds. The corporation is authorized to do all things
13 necessary or desirable in connection with the issuance of the
14 bonds, including, but not limited to, establishing debt
15 service reserves or other additional security for the bonds,
16 providing for capitalized interest, and executing and
17 delivering any and all documents and agreements. The total
18 principal amount of bonds issued by the corporation shall not
19 exceed $3 billion. The principal amount of bonds issued in
20 any single fiscal year shall not exceed $1.5 billion,
21 beginning with the 2000-2001 fiscal year. The limitation on
22 the principal amount of bonds issued by the corporation shall
23 not apply to bonds issued to refund previously issued bonds.
24 No series of bonds issued shall have a true interest cost rate
25 of more than 4 percent over the yield on U.S. Treasury
26 obligations which have a maturity approximately equal to the
27 average life of such series of bonds. Satisfaction of the
28 foregoing interest rate limitation shall be determined on the
29 date such bonds are sold or a definitive agreement to sell
30 such bonds at specified prices or yields is executed and
31 delivered. The corporation may sell bonds through competitive
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1 bidding or negotiated contracts, whichever method of sale is
2 determined by the corporation to be in the best interest of
3 the corporation.
4 2. The corporation does not have the power to pledge
5 the credit, the general revenues, or the taxing power of the
6 state or of any political subdivision of the state. The
7 obligations of the Chief Financial Officer department and the
8 corporation under the purchase agreement and under any bonds
9 shall not constitute a general obligation of the state or a
10 pledge of the faith and credit or taxing power of the state.
11 The bonds shall be payable from and secured by payments
12 received under the tobacco settlement agreement, and neither
13 the state nor any of its agencies shall have any liability on
14 such bonds. Such bonds shall not be construed in any manner
15 as an obligation of the state or any agency of the state, the
16 Chief Financial Officer department, the State Board of
17 Administration or entities for which the State Board of
18 Administration invests funds, or board members or their
19 respective agencies. The corporation shall not be authorized
20 to expend moneys for payment of debt service on bonds from any
21 source other than revenues received under the tobacco
22 settlement agreement or reserves, funds, or accounts
23 established pursuant to documents authorizing the issuance of
24 such bonds.
25 3. The corporation may validate any bonds issued
26 pursuant to this paragraph and the security for payment for
27 such bonds, as provided in chapter 75. The validation
28 complaint shall be filed only in the circuit court for Leon
29 County. The notice required under s. 75.06 shall be published
30 in Leon County, and the complaint and order of the circuit
31 court shall be served only on the State Attorney for the
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1 Second Judicial Circuit. The provisions of ss. 75.04(2) and
2 75.06(2) shall not apply to a validation complaint filed as
3 authorized in this paragraph. The validation of the first
4 bonds issued pursuant to this paragraph may be appealed to the
5 Supreme Court, and such appeal shall be handled on an
6 expedited basis.
7 4. The state hereby covenants with the holders of
8 bonds of the corporation that the state will not limit or
9 alter the authority or the rights under this section vested in
10 the corporation to fulfill the terms of any agreement,
11 including the terms of any purchase agreement, or in any way
12 impair the rights and remedies of such bondholders until at
13 least 1 year and 1 day after which no such bonds remain
14 outstanding unless adequate provision has been made for the
15 payment of such bonds pursuant to the documents authorizing
16 such bonds.
17 5. The corporation shall not take any action which
18 will materially and adversely affect the rights of holders of
19 any bonds issued under this paragraph as long as such bonds
20 are outstanding.
21 6. Until at least 1 year and 1 day after which no
22 bonds of the corporation remain outstanding, the corporation
23 shall not have the authority to file a voluntary petition
24 under chapter 9 of the federal Bankruptcy Code or such
25 corresponding chapter or sections as may be in effect, from
26 time to time, and neither any public officer nor any
27 organization, entity, or other person shall authorize the
28 corporation to be or become a debtor under chapter 9 of the
29 federal Bankruptcy Code or such corresponding chapter or
30 sections as may be in effect, from time to time, during any
31 such period. The state hereby covenants with the holders of
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1 bonds of the corporation that the state will not limit or
2 alter the denial of authority to file bankruptcy under this
3 paragraph until at least 1 year and 1 day after which no bonds
4 of the corporation remain outstanding.
5 7. The corporation may contract with the State Board
6 of Administration to serve as trustee with respect to bonds
7 issued by the corporation as provided by this paragraph and to
8 hold, administer, and invest proceeds of such bonds and other
9 funds of the corporation and to perform other services
10 required by the corporation. The State Board of
11 Administration may perform such services and may contract with
12 others to provide all or a part of such services and to
13 recover the costs and expenses of providing such services.
14 (f) Notwithstanding any other provision of law, any
15 pledge of or other security interest in revenues, moneys,
16 accounts, contract rights, general intangibles, or other
17 personal property made or created by the corporation or the
18 Chief Financial Officer department resulting from the
19 authority of this section shall be valid, binding, and
20 perfected from the time such pledge is made or other security
21 interest attaches without any physical delivery of the
22 collateral or further act, and the lien of any such pledge or
23 other security interest shall be valid, binding, and perfected
24 against all parties having claims of any kind in tort,
25 contract, or otherwise against the corporation irrespective of
26 whether such parties have notice of such claims. No
27 instrument by which such a pledge or security interest is
28 created or any financing statement need be recorded or filed.
29 (3) POWERS OF THE CHIEF FINANCIAL OFFICER
30 DEPARTMENT.--
31
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1 (a) The Chief Financial Officer department is
2 authorized, on behalf of the state, to do all things necessary
3 or desirable to assist the corporation in the execution of the
4 corporation's responsibilities, including, but not limited to,
5 processing budget amendments against the Chief Financial
6 Officer's Department of Banking and Finance Tobacco Settlement
7 Clearing Trust Fund, subject to the requirements of s.
8 216.177, for the costs and expenses of administration of the
9 corporation in an amount not to exceed $500,000; entering into
10 one or more purchase agreements to sell to the corporation any
11 or all of the state's right, title, and interest in and to the
12 tobacco settlement agreement; executing any administrative
13 agreements with the corporation to fund the administration,
14 operation, and expenses of the corporation from moneys
15 appropriated for such purpose; and executing and delivering
16 any and all other documents and agreements necessary or
17 desirable in connection with the sale of any or all of the
18 state's right, title, and interest in and to the tobacco
19 settlement agreement to the corporation or the issuance of the
20 bonds by the corporation. The Chief Financial Officer's
21 department's authority to sell any or all of the state's
22 right, title, and interest in and to the tobacco settlement
23 agreement is subject to approval by the Legislature in a
24 regular, extended, or special session.
25 (b) The state hereby covenants with the holders of
26 bonds of the corporation that the state will not limit or
27 alter the authority or the rights under this section vested in
28 the Chief Financial Officer department to fulfill the terms of
29 any agreement, including the terms of any purchase agreement,
30 or in any way impair the rights and remedies of such
31 bondholders until at least 1 year and 1 day after which no
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1 such bonds remain outstanding unless adequate provision has
2 been made for the payment of such bonds pursuant to the
3 documents authorizing such bonds.
4 (c) The Chief Financial Officer department is
5 authorized, on behalf of the state, to make any covenant,
6 representation, or warranty necessary or desirable in
7 connection with the sale of any or all of the state's right,
8 title, and interest in and to the tobacco settlement agreement
9 to the corporation or the issuance of the bonds by the
10 corporation. Such covenants may specifically include a
11 covenant to take whatever actions are necessary on behalf of
12 the corporation or holders of the bonds issued by the
13 corporation to enforce the provisions of the tobacco
14 settlement agreement, and any rights and remedies thereunder.
15 Section 222. Effective January 7, 2003, paragraph (b)
16 of subsection (3) and paragraph (a) of subsection (5) of
17 section 215.5601, Florida Statutes, are amended to read:
18 215.5601 Lawton Chiles Endowment Fund.--
19 (3) LAWTON CHILES ENDOWMENT FUND; CREATION;
20 PRINCIPAL.--
21 (b) The endowment shall receive moneys from the sale
22 of the state's right, title, and interest in and to the
23 tobacco settlement agreement as defined in s. 215.56005,
24 including the right to receive payments under such agreement,
25 and from accounts transferred from the Chief Financial
26 Officer's Department of Banking and Finance Tobacco Settlement
27 Clearing Trust Fund established under s. 17.41. Amounts to be
28 transferred from the Chief Financial Officer's Department of
29 Banking and Finance Tobacco Settlement Clearing Trust Fund to
30 the endowment shall be in the following amounts for the
31 following fiscal years:
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1 1. For fiscal year 1999-2000, $1.1 billion;
2 2. For fiscal year 2000-2001, $200 million;
3 3. For fiscal year 2001-2002, $200 million;
4 4. For fiscal year 2002-2003, $200 million; and
5 (5) AVAILABILITY OF FUNDS; USES.--
6 (a) Funds from the endowment which are available for
7 legislative appropriation shall be transferred by the board to
8 the Chief Financial Officer's Department of Banking and
9 Finance Tobacco Settlement Clearing Trust Fund, created in s.
10 17.41, and disbursed in accordance with the legislative
11 appropriation.
12 1. Appropriations by the Legislature to the Department
13 of Health from endowment earnings from the principal set aside
14 for biomedical research shall be from a category called the
15 Florida Biomedical Research Program and shall be deposited
16 into the Biomedical Research Trust Fund in the Department of
17 Health established in s. 20.435.
18 2. Appropriations by the Legislature to the Department
19 of Children and Family Services, the Department of Health, or
20 the Department of Elderly Affairs for health and human
21 services programs shall be from a category called the Lawton
22 Chiles Endowment Fund Programs and shall be deposited into
23 each department's respective Tobacco Settlement Trust Fund as
24 appropriated.
25 Section 223. Effective January 7, 2003, subsections
26 (2) and (3) of section 215.58, Florida Statutes, are amended
27 to read:
28 215.58 Definitions relating to State Bond Act.--The
29 following words or terms when used in this act shall have the
30 following meanings:
31
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1 (2) "Chief Financial Officer Treasurer" shall mean the
2 Chief Financial Officer of the state Insurance Commissioner
3 and Treasurer.
4 (3) "Comptroller" shall mean the State Comptroller.
5 Section 224. Effective January 7, 2003, subsections
6 (2), (3), (4), (5), and (8) of section 215.684, Florida
7 Statutes, are amended to read:
8 215.684 Limitation on engaging services of securities
9 broker or bond underwriter convicted of fraud.--
10 (2) Upon notification under chapter 517 that a person
11 or firm has been convicted or has pleaded as provided in
12 subsection (1), the Department of Insurance and Financial
13 Services Comptroller shall issue a notice of intent to take
14 action to disqualify such person or firm, which notice must
15 state that:
16 (a) Such person or firm is considered a disqualified
17 securities broker or bond underwriter;
18 (b) A state agency may not enter into a contract with
19 such person or firm as a securities broker or bond underwriter
20 for any new business for a period of 2 years;
21 (c) The substantial rights of such person or firm as a
22 securities broker or bond underwriter are being affected and
23 the person or firm has the rights accorded pursuant to ss.
24 120.569 and 120.57; and
25 (d) Such person or firm may petition to mitigate the
26 duration of his or her disqualification, based on the criteria
27 established in subsection (3) and may request that such
28 mitigation be considered as part of any hearing under ss.
29 120.569 and 120.57.
30 (3) The Department of Insurance and Financial Services
31 Comptroller shall decide, based on the following criteria,
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1 whether or not to mitigate the duration of the
2 disqualification:
3 (a) The nature and details of the crime;
4 (b) The degree of culpability of the person or firm
5 proposed to be requalified;
6 (c) Prompt or voluntary payment of any damages or
7 penalty as a result of the conviction and disassociation from
8 any other person or firm involved in the crimes of fraud;
9 (d) Cooperation with state or federal investigation or
10 prosecution of the crime of fraud;
11 (e) Prior or future self-policing by the person or
12 firm to prevent crimes of fraud; and
13 (f) Reinstatement or clemency in any jurisdiction in
14 relation to the crime at issue in the proceeding.
15 (4) If the Department of Insurance and Financial
16 Services Comptroller in its his or her sole discretion decides
17 to mitigate the duration of the disqualification based on the
18 foregoing, the duration of disqualification shall be for any
19 period the department Comptroller specifies up to 2 years from
20 the date of the person's or firm's conviction or plea. If the
21 Department of Insurance and Financial Services Comptroller
22 refuses to mitigate the duration of the disqualification, such
23 person or firm may again file for mitigation no sooner than 9
24 months after denial by the department Comptroller.
25 (5) Notwithstanding subsection (4), a firm or person
26 at any time may petition the Department of Insurance and
27 Financial Services Comptroller for termination of the
28 disqualification based upon a reversal of the conviction of
29 the firm or person by an appellate court or a pardon.
30 (8) Except when otherwise provided by law for crimes
31 of fraud with respect to the transaction of business with any
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1 public entity or with an agency or political subdivision of
2 any other state or with the United States, this act
3 constitutes the sole authorization for determining when a
4 person or firm convicted or having pleaded guilty or nolo
5 contendere to the crime of fraud may not be engaged to provide
6 services as a securities broker or bond underwriter with the
7 state. Nothing in this act shall be construed to affect the
8 authority granted the Department of Insurance and Financial
9 Services Comptroller under chapter 517 to revoke or suspend
10 the license of such securities dealer or bond underwriter.
11 Section 225. Effective January 7, 2003, subsection (4)
12 of section 215.70, Florida Statutes, is amended to read:
13 215.70 State Board of Administration to act in case of
14 defaults.--
15 (4) Whenever it becomes necessary for state funds to
16 be appropriated for the payment of principal or interest on
17 bonds which have been issued by the Division of Bond Finance
18 on behalf of any local government or authority and for which
19 the full faith and credit of the state has been pledged, any
20 state shared revenues otherwise earmarked for the local
21 government or authority shall be used by the Chief Financial
22 Officer Comptroller to reimburse the state, until the local
23 government or authority has reimbursed the state in full.
24 Section 226. Effective January 7, 2003, subsection (4)
25 of section 215.91, Florida Statutes, is amended to read:
26 215.91 Florida Financial Management Information
27 System; board; council.--
28 (4) The council shall provide ongoing counsel to the
29 board and act to resolve problems among or between the
30 functional owner subsystems. The board, through the
31 coordinating council, shall direct and manage the development,
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1 implementation, and operation of the information subsystems
2 that together are the Florida Financial Management Information
3 System. The coordinating council shall approve the
4 information subsystems' designs prior to the development,
5 implementation, and operation of the subsystems and shall
6 approve subsequent proposed design modifications to the
7 information subsystems subject to the guidelines issued by the
8 council. The coordinating council shall ensure that the
9 information subsystems' operations support the exchange of
10 unified and coordinated data between information subsystems.
11 The coordinating council shall establish the common data codes
12 for financial management, and it shall require and ensure the
13 use of common data codes by the information subsystems that
14 together constitute the Florida Financial Management
15 Information System. The Chief Financial Officer Comptroller
16 shall adopt a chart of accounts consistent with the common
17 financial management data codes established by the
18 coordinating council. The board, through the coordinating
19 council, shall establish the financial management policies and
20 procedures for the executive branch of state government. The
21 coordinating council shall notify in writing the chairs of the
22 legislative fiscal committees and the Chief Justice of the
23 Supreme Court regarding the adoption of, or modification to, a
24 proposed financial management policy or procedure. The notice
25 shall solicit comments from the chairs of the legislative
26 fiscal committees and the Chief Justice of the Supreme Court
27 at least 14 consecutive days before the final action by the
28 coordinating council.
29 Section 227. Effective January 7, 2003, subsection (5)
30 of section 215.92, Florida Statutes, is amended to read:
31
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1 215.92 Definitions relating to Florida Financial
2 Management Information System Act.--For the purposes of ss.
3 215.90-215.96:
4 (5) "Design and coordination staff" means the
5 personnel responsible for providing administrative and
6 clerical support to the board, coordinating council, and
7 secretary to the board. The design and coordination staff
8 shall function as the agency clerk for the board and the
9 coordinating council. For administrative purposes, the design
10 and coordination staff are assigned to the Chief Financial
11 Officer Department of Banking and Finance but they are
12 functionally assigned to the board.
13 Section 228. Effective January 7, 2003, subsection (3)
14 of section 215.93, Florida Statutes, is amended to read:
15 215.93 Florida Financial Management Information
16 System.--
17 (3) The Florida Financial Management Information
18 System shall include financial management data and utilize the
19 chart of accounts approved by the Chief Financial Officer
20 Comptroller. Common financial management data shall include,
21 but not be limited to, data codes, titles, and definitions
22 used by one or more of the functional owner subsystems. The
23 Florida Financial Management Information System shall utilize
24 common financial management data codes. The council shall
25 recommend and the board shall adopt policies regarding the
26 approval and publication of the financial management data.
27 The Chief Financial Officer Comptroller shall adopt policies
28 regarding the approval and publication of the chart of
29 accounts. The Chief Financial Officer's Comptroller's chart
30 of accounts shall be consistent with the common financial
31 management data codes established by the coordinating council.
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1 Further, all systems not a part of the Florida Financial
2 Management Information System which provide information to the
3 system shall use the common data codes from the Florida
4 Financial Management Information System and the Chief
5 Financial Officer's Comptroller's chart of accounts. Data
6 codes that cannot be supplied by the Florida Financial
7 Management Information System and the Chief Financial
8 Officer's Comptroller's chart of accounts and that are
9 required for use by the information subsystems shall be
10 approved by the board upon recommendation of the coordinating
11 council. However, board approval shall not be required for
12 those data codes specified by the Auditor General under the
13 provisions of s. 215.94(6)(c).
14 Section 229. Effective January 7, 2003, subsections
15 (2) and (3) and paragraph (a) of subsection (5) of section
16 215.94, Florida Statutes, are amended to read:
17 215.94 Designation, duties, and responsibilities of
18 functional owners.--
19 (2) The Chief Financial Officer Department of Banking
20 and Finance shall be the functional owner of the Florida
21 Accounting Information Resource Subsystem established pursuant
22 to ss. 17.03, 215.86, 216.141, and 216.151 and further
23 developed in accordance with the provisions of ss.
24 215.90-215.96. The subsystem shall include, but shall not be
25 limited to, the following functions:
26 (a) Accounting and reporting so as to provide timely
27 data for producing financial statements for the state in
28 accordance with generally accepted accounting principles.
29 (b) Auditing and settling claims against the state.
30 (3) The Chief Financial Officer Treasurer shall be the
31 functional owner of the Cash Management Subsystem. The Chief
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1 Financial Officer Treasurer shall design, implement, and
2 operate the subsystem in accordance with the provisions of ss.
3 215.90-215.96. The subsystem shall include, but shall not be
4 limited to, functions for:
5 (a) Recording and reconciling credits and debits to
6 treasury fund accounts.
7 (b) Monitoring cash levels and activities in state
8 bank accounts.
9 (c) Monitoring short-term investments of idle cash.
10 (d) Administering the provisions of the Federal Cash
11 Management Improvement Act of 1990.
12 (5) The Department of Management Services shall be the
13 functional owner of the Cooperative Personnel Employment
14 Subsystem. The department shall design, implement, and
15 operate the subsystem in accordance with the provisions of ss.
16 110.116 and 215.90-215.96. The subsystem shall include, but
17 shall not be limited to, functions for:
18 (a) Maintenance of employee and position data,
19 including funding sources and percentages and salary lapse.
20 The employee data shall include, but not be limited to,
21 information to meet the payroll system requirements of the
22 Chief Financial Officer Department of Banking and Finance and
23 to meet the employee benefit system requirements of the
24 Department of Management Services.
25 Section 230. Effective January 7, 2003, subsections
26 (1) and (2) of section 215.96, Florida Statutes, are amended
27 to read:
28 215.96 Coordinating council and design and
29 coordination staff.--
30 (1) The Chief Financial Officer Comptroller, as chief
31 fiscal officer of the state, shall establish a coordinating
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1 council to function on a continuing basis. The coordinating
2 council shall review and recommend to the board solutions and
3 policy alternatives to ensure coordination between functional
4 owners of the various information subsystems described in ss.
5 215.90-215.96 to the extent necessary to unify all the
6 subsystems into a financial management information system.
7 (2) The coordinating council shall consist of the
8 Chief Financial Officer Comptroller; the Treasurer; the
9 secretary of the Department of Management Services; and the
10 Director of Planning and Budgeting, Executive Office of the
11 Governor, or their designees. The Chief Financial Officer
12 Comptroller, or his or her designee, shall be chair of the
13 coordinating council, and the design and coordination staff
14 shall provide administrative and clerical support to the
15 council and the board. The design and coordination staff shall
16 maintain the minutes of each meeting and shall make such
17 minutes available to any interested person. The Auditor
18 General, the State Courts Administrator, an executive officer
19 of the Florida Association of State Agency Administrative
20 Services Directors, and an executive officer of the Florida
21 Association of State Budget Officers, or their designees,
22 shall serve without voting rights as ex officio members on the
23 coordinating council. The chair may call meetings of the
24 coordinating council as often as necessary to transact
25 business; however, the coordinating council shall meet at
26 least once a year. Action of the coordinating council shall
27 be by motion, duly made, seconded and passed by a majority of
28 the coordinating council voting in the affirmative for
29 approval of items that are to be recommended for approval to
30 the Financial Management Information Board.
31
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1 Section 231. Effective January 7, 2003, section
2 215.965, Florida Statutes, is amended to read:
3 215.965 Disbursement of state moneys.--Except as
4 provided in s. 17.076, s. 253.025(14), s. 259.041(18), s.
5 717.124(5), s. 732.107(5), or s. 733.816(5), all moneys in the
6 State Treasury shall be disbursed by state warrant, drawn by
7 the Chief Financial Officer Comptroller upon the State
8 Treasury and payable to the ultimate beneficiary. This
9 authorization shall include electronic disbursement.
10 Section 232. Effective January 7, 2003, paragraphs
11 (a), (c), (j), (n), (p), and (s) of subsection (2),
12 subsections (3) and (4), paragraphs (a) and (b) of subsection
13 (5), paragraphs (a) and (d) of subsection (6), paragraphs (a)
14 and (c) of subsection (7), paragraphs (e) and (g) of
15 subsection (8), paragraph (e) of subsection (9), and
16 paragraphs (d) and (f) of subsection (10) of section 215.97,
17 Florida Statutes, are amended to read:
18 215.97 Florida Single Audit Act.--
19 (2) Definitions; as used in this section, the term:
20 (a) "Audit threshold" means the amount to use in
21 determining when a state single audit of a nonstate entity
22 shall be conducted in accordance with this section. Each
23 nonstate entity that expends a total amount of state financial
24 assistance equal to or in excess of $300,000 in any fiscal
25 year of such nonstate entity shall be required to have a state
26 single audit for such fiscal year in accordance with the
27 requirements of this section. Every 2 years the Auditor
28 General, after consulting with the Executive Office of the
29 Governor, the Chief Financial Officer Comptroller, and all
30 state agencies that provide state financial assistance to
31 nonstate entities, shall review the amount for requiring
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1 audits under this section and may adjust such dollar amount
2 consistent with the purpose of this section.
3 (c) "Catalog of State Financial Assistance" means a
4 comprehensive listing of state projects. The Catalog of State
5 Financial Assistance shall be issued by the Executive Office
6 of the Governor after conferring with the Chief Financial
7 Officer Comptroller and all state agencies that provide state
8 financial assistance to nonstate entities. The Catalog of
9 State Financial Assistance shall include for each listed state
10 project: the responsible state agency; standard state project
11 number identifier; official title; legal authorization; and
12 description of the state project, including objectives,
13 restrictions, application and awarding procedures, and other
14 relevant information determined necessary.
15 (j) "Major state project" means any state project
16 meeting the criteria as stated in the rules of the Executive
17 Office of the Governor. Such criteria shall be established
18 after consultation with the Chief Financial Officer
19 Comptroller and appropriate state agencies that provide state
20 financial assistance and shall consider the amount of state
21 project expenditures or expenses or inherent risks. Each major
22 state project shall be audited in accordance with the
23 requirements of this section.
24 (n) "Schedule of State Financial Assistance" means a
25 document prepared in accordance with the rules of the Chief
26 Financial Officer Comptroller and included in each financial
27 reporting package required by this section.
28 (p) "State financial assistance" means financial
29 assistance from state resources, not including federal
30 financial assistance and state matching, provided to nonstate
31 entities to carry out a state project. "State financial
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1 assistance" includes all types of state assistance as stated
2 in the rules of the Executive Office of the Governor
3 established in consultation with the Chief Financial Officer
4 Comptroller and appropriate state agencies that provide state
5 financial assistance. It includes state financial assistance
6 provided directly by state awarding agencies or indirectly by
7 recipients of state awards or subrecipients. It does not
8 include procurement contracts used to buy goods or services
9 from vendors. Audits of such procurement contracts with
10 vendors are outside of the scope of this section. Also, audits
11 of contracts to operate state-government-owned and
12 contractor-operated facilities are excluded from the audit
13 requirements of this section.
14 (s) "State Projects Compliance Supplement" means a
15 document issued by the Executive Office of the Governor, in
16 consultation with the Chief Financial Officer Comptroller and
17 all state agencies that provide state financial assistance.
18 The State Projects Compliance Supplement shall identify state
19 projects, the significant compliance requirements, eligibility
20 requirements, matching requirements, suggested audit
21 procedures, and other relevant information determined
22 necessary.
23 (3) The Executive Office of the Governor shall:
24 (a) Upon conferring with the Chief Financial Officer
25 Comptroller and all state awarding agencies, adopt rules
26 necessary to provide appropriate guidance to state awarding
27 agencies, recipients and subrecipients, and independent
28 auditors of state financial assistance relating to the
29 requirements of this section, including:
30 1. The types or classes of financial assistance
31 considered to be state financial assistance which would be
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1 subject to the requirements of this section. This would
2 include guidance to assist in identifying when the state
3 agency or recipient has contracted with a vendor rather than
4 with a recipient or subrecipient.
5 2. The criteria for identifying a major state project.
6 3. The criteria for selecting state projects for
7 audits based on inherent risk.
8 (b) Be responsible for coordinating the initial
9 preparation and subsequent revisions of the Catalog of State
10 Financial Assistance after consultation with the Chief
11 Financial Officer Comptroller and all state awarding agencies.
12 (c) Be responsible for coordinating the initial
13 preparation and subsequent revisions of the State Projects
14 Compliance Supplement, after consultation with the Chief
15 Financial Officer Comptroller and all state awarding agencies.
16 (4) The Chief Financial Officer Comptroller shall:
17 (a) Make enhancements to the state's accounting system
18 to provide for the:
19 1. Recording of state financial assistance and federal
20 financial assistance appropriations and expenditures within
21 the state awarding agencies' operating funds.
22 2. Recording of state project number identifiers, as
23 provided in the Catalog of State Financial Assistance, for
24 state financial assistance.
25 3. Establishment and recording of an identification
26 code for each financial transaction, including state agencies'
27 disbursements of state financial assistance and federal
28 financial assistance, as to the corresponding type or
29 organization that is party to the transaction (e.g., other
30 governmental agencies, nonprofit organizations, and for-profit
31 organizations), and disbursements of federal financial
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1 assistance, as to whether the party to the transaction is or
2 is not a recipient or subrecipient.
3 (b) Upon conferring with the Executive Office of the
4 Governor and all state awarding agencies, adopt rules
5 necessary to provide appropriate guidance to state awarding
6 agencies, recipients and subrecipients, and independent
7 auditors of state financial assistance relating to the format
8 for the Schedule of State Financial Assistance.
9 (c) Perform any inspections, reviews, investigations,
10 or audits of state financial assistance considered necessary
11 in carrying out the Chief Financial Officer's Comptroller's
12 legal responsibilities for state financial assistance or to
13 comply with the requirements of this section.
14 (5) Each state awarding agency shall:
15 (a) Provide to a recipient information needed by the
16 recipient to comply with the requirements of this section,
17 including:
18 1. The audit and accountability requirements for state
19 projects as stated in this section and applicable rules of the
20 Executive Office of the Governor, rules of the Chief Financial
21 Officer Comptroller, and rules of the Auditor General.
22 2. Information from the Catalog of State Financial
23 Assistance, including the standard state project number
24 identifier; official title; legal authorization; and
25 description of the state project including objectives,
26 restrictions, and other relevant information determined
27 necessary.
28 3. Information from the State Projects Compliance
29 Supplement, including the significant compliance requirements,
30 eligibility requirements, matching requirements, suggested
31
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1 audit procedures, and other relevant information determined
2 necessary.
3 (b) Require the recipient, as a condition of receiving
4 state financial assistance, to allow the state awarding
5 agency, the Chief Financial Officer Comptroller, and the
6 Auditor General access to the recipient's records and the
7 recipient's independent auditor's working papers as necessary
8 for complying with the requirements of this section.
9 (6) As a condition of receiving state financial
10 assistance, each recipient that provides state financial
11 assistance to a subrecipient shall:
12 (a) Provide to a subrecipient information needed by
13 the subrecipient to comply with the requirements of this
14 section, including:
15 1. Identification of the state awarding agency.
16 2. The audit and accountability requirements for state
17 projects as stated in this section and applicable rules of the
18 Executive Office of the Governor, rules of the Chief Financial
19 Officer Comptroller, and rules of the Auditor General.
20 3. Information from the Catalog of State Financial
21 Assistance, including the standard state project number
22 identifier; official title; legal authorization; and
23 description of the state project, including objectives,
24 restrictions, and other relevant information.
25 4. Information from the State Projects Compliance
26 Supplement including the significant compliance requirements,
27 eligibility requirements, matching requirements, and suggested
28 audit procedures, and other relevant information determined
29 necessary.
30 (d) Require subrecipients, as a condition of receiving
31 state financial assistance, to permit the independent auditor
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1 of the recipient, the state awarding agency, the Chief
2 Financial Officer Comptroller, and the Auditor General access
3 to the subrecipient's records and the subrecipient's
4 independent auditor's working papers as necessary to comply
5 with the requirements of this section.
6 (7) Each recipient or subrecipient of state financial
7 assistance shall comply with the following:
8 (a) Each nonstate entity that receives state financial
9 assistance and meets audit threshold requirements, in any
10 fiscal year of the nonstate entity, as stated in the rules of
11 the Auditor General, shall have a state single audit conducted
12 for such fiscal year in accordance with the requirements of
13 this act and with additional requirements established in rules
14 of the Executive Office of the Governor, rules of the Chief
15 Financial Officer Comptroller, and rules of the Auditor
16 General. If only one state project is involved in a nonstate
17 entity's fiscal year, the nonstate entity may elect to have
18 only a state project-specific audit of the state project for
19 that fiscal year.
20 (c) Regardless of the amount of the state financial
21 assistance, the provisions of this section do not exempt a
22 nonstate entity from compliance with provisions of law
23 relating to maintaining records concerning state financial
24 assistance to such nonstate entity or allowing access and
25 examination of those records by the state awarding agency, the
26 Chief Financial Officer Comptroller, or the Auditor General.
27 (8) The independent auditor when conducting a state
28 single audit of recipients or subrecipients shall:
29 (e) Report on the results of any audit conducted
30 pursuant to this section in accordance with the rules of the
31 Executive Office of the Governor, rules of the Chief Financial
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1 Officer Comptroller, and rules of the Auditor General. Audit
2 reports shall include summaries of the auditor's results
3 regarding the nonstate entity's financial statements; Schedule
4 of State Financial Assistance; internal controls; and
5 compliance with laws, rules, and guidelines.
6 (g) Upon notification by the nonstate entity, make
7 available the working papers relating to the audit conducted
8 pursuant to the requirements of this section to the state
9 awarding agency, the Chief Financial Officer Comptroller, or
10 the Auditor General for review or copying.
11 (9) The independent auditor, when conducting a state
12 project-specific audit of recipients or subrecipients, shall:
13 (e) Upon notification by the nonstate entity, make
14 available the working papers relating to the audit conducted
15 pursuant to the requirements of this section to the state
16 awarding agency, the Chief Financial Officer Comptroller, or
17 the Auditor General for review or copying.
18 (10) The Auditor General shall:
19 (d) Provide technical advice upon request of the Chief
20 Financial Officer Comptroller, Executive Office of the
21 Governor, and state agencies relating to financial reporting
22 and audit responsibilities contained in this section.
23 (f) Perform ongoing reviews of a sample of financial
24 reporting packages filed pursuant to the requirements of this
25 section to determine compliance with the reporting
26 requirements of this section and applicable rules of the
27 Executive Office of the Governor, rules of the Chief Financial
28 Officer Comptroller, and rules of the Auditor General.
29 Section 233. Effective January 7, 2003, paragraph (a)
30 of subsection (2) of section 216.0442, Florida Statutes, is
31 amended to read:
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1 216.0442 Truth in bonding; definitions; summary of
2 state debt; statement of proposed financing; truth-in-bonding
3 statement.--
4 (2) When required by statute to support the proposed
5 debt financing of fixed capital outlay projects or operating
6 capital outlay requests or to explain the issuance of a debt
7 or obligation, one or more of the following documents shall be
8 developed:
9 (a) A summary of outstanding state debt as furnished
10 by the Chief Financial Officer Comptroller pursuant to s.
11 216.102.
12 Section 234. Effective January 7, 2003, section
13 216.102, Florida Statutes, is amended to read:
14 216.102 Filing of financial information; handling by
15 Chief Financial Officer Comptroller; penalty for
16 noncompliance.--
17 (1) By September 30 of each year, each agency
18 supported by any form of taxation, licenses, fees, imposts, or
19 exactions, the judicial branch, and, for financial reporting
20 purposes, each component unit of the state as determined by
21 the Chief Financial Officer Comptroller shall prepare, using
22 generally accepted accounting principles, and file with the
23 Chief Financial Officer Comptroller the financial and other
24 information necessary for the preparation of annual financial
25 statements for the State of Florida as of June 30. In
26 addition, each such agency and the judicial branch shall
27 prepare financial statements showing the financial position
28 and results of agency or branch operations as of June 30 for
29 internal management purposes.
30 (a) Each state agency and the judicial branch shall
31 record the receipt and disbursement of funds from federal
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1 sources in a form and format prescribed by the Chief Financial
2 Officer Comptroller. The access to federal funds by the
3 administering agencies or the judicial branch may not be
4 authorized until:
5 1. The deposit has been recorded in the Florida
6 Accounting Information Resource Subsystem using proper,
7 consistent codes that designate deposits as federal funds.
8 2. The deposit and appropriate recording required by
9 this paragraph have been verified by the Chief Financial
10 Officer Office of the Treasurer.
11 (b) The Chief Financial Officer Comptroller shall
12 publish a statewide policy detailing the requirements for
13 recording receipt and disbursement of federal funds into the
14 Florida Accounting Information Resource Subsystem and provide
15 technical assistance to the agencies and the judicial branch
16 to implement the policy.
17 (2) Financial information must be contained within the
18 Florida Accounting Information Resource Subsystem. Other
19 information must be submitted in the form and format
20 prescribed by the Chief Financial Officer Comptroller.
21 (a) Each component unit shall file financial
22 information and other information necessary for the
23 preparation of annual financial statements with the agency or
24 branch designated by the Chief Financial Officer Comptroller
25 by the date specified by the Chief Financial Officer
26 Comptroller.
27 (b) The state agency or branch designated by the Chief
28 Financial Officer Comptroller to receive financial information
29 and other information from component units shall include the
30 financial information in the Florida Accounting Information
31 Resource Subsystem and shall include the component units'
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1 other information in its submission to the Chief Financial
2 Officer Comptroller.
3 (3) The Chief Financial Officer Comptroller shall:
4 (a) Prepare and furnish to the Auditor General annual
5 financial statements for the state on or before December 31 of
6 each year, using generally accepted accounting principles.
7 (b) Prepare and publish a comprehensive annual
8 financial report for the state in accordance with generally
9 accepted accounting principles on or before February 28 of
10 each year.
11 (c) Furnish the Governor, the President of the Senate,
12 and the Speaker of the House of Representatives with a copy of
13 the comprehensive annual financial report prepared pursuant to
14 paragraph (b).
15 (d) Notify each agency and the judicial branch of the
16 data that is required to be recorded to enhance accountability
17 for tracking federal financial assistance.
18 (e) Provide reports, as requested, to executive or
19 judicial branch entities, the President of the Senate, the
20 Speaker of the House of Representatives, and the members of
21 the Florida Congressional Delegation, detailing the federal
22 financial assistance received and disbursed by state agencies
23 and the judicial branch.
24 (f) Consult with and elicit comments from the
25 Executive Office of the Governor on changes to the Florida
26 Accounting Information Resource Subsystem which clearly affect
27 the accounting of federal funds, so as to ensure consistency
28 of information entered into the Federal Aid Tracking System by
29 state executive and judicial branch entities. While efforts
30 shall be made to ensure the compatibility of the Florida
31 Accounting Information Resource Subsystem and the Federal Aid
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1 Tracking System, any successive systems serving identical or
2 similar functions shall preserve such compatibility.
3
4 The Chief Financial Officer Comptroller may furnish and
5 publish in electronic form the financial statements and the
6 comprehensive annual financial report required under
7 paragraphs (a), (b), and (c).
8 (4) If any agency or the judicial branch fails to
9 comply with subsection (1) or subsection (2), the Chief
10 Financial Officer Comptroller may refuse to honor salary
11 claims for agency or branch fiscal and executive staff until
12 the agency or branch corrects its deficiency.
13 (5) The Chief Financial Officer Comptroller may
14 withhold any funds payable to a component unit that does not
15 comply with subsection (1) or subsection (2) until the
16 component unit corrects its deficiency.
17 (6) The Chief Financial Officer Comptroller may adopt
18 rules to administer this section.
19 Section 235. Effective January 7, 2003, subsections
20 (1) and (3) of section 216.141, Florida Statutes, are amended
21 to read:
22 216.141 Budget system procedures; planning and
23 programming by state agencies.--
24 (1) The Executive Office of the Governor, in
25 consultation with the appropriations committees of the Senate
26 and House of Representatives, and by utilizing the Florida
27 Financial Management Information System management data and
28 the Chief Financial Officer's Comptroller's chart of accounts,
29 shall prescribe a planning and budgeting system, pursuant to
30 s. 215.94(1), to provide for continuous planning and
31 programming and for effective management practices for the
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1 efficient operations of all state agencies and the judicial
2 branch. The Legislature may contract with the Executive
3 Office of the Governor to develop the planning and budgeting
4 system and to provide services to the Legislature for the
5 support and use of the legislative appropriations system. The
6 contract shall include the policies and procedures for
7 combining the legislative appropriations system with the
8 planning and budgeting information system established pursuant
9 to s. 215.94(1). At a minimum, the contract shall require the
10 use of common data codes. The combined legislative
11 appropriations and planning and budgeting information
12 subsystem shall support the legislative appropriations and
13 legislative oversight functions without data code conversion
14 or modification.
15 (3) The Chief Financial Officer Comptroller, as chief
16 fiscal officer, shall use the Florida Accounting Information
17 Resource Subsystem developed pursuant to s. 215.94(2) for
18 account purposes in the performance of and accounting for all
19 of his or her constitutional and statutory duties and
20 responsibilities. However, state agencies and the judicial
21 branch continue to be responsible for maintaining accounting
22 records necessary for effective management of their programs
23 and functions.
24 Section 236. Effective January 7, 2003, subsection (1)
25 of section 216.177, Florida Statutes, is amended to read:
26 216.177 Appropriations acts, statement of intent,
27 violation, notice, review and objection procedures.--
28 (1) When an appropriations act is delivered to the
29 Governor after the Legislature has adjourned sine die, as soon
30 as practicable, but no later than the 10th day before the end
31 of the period allowed by law for veto consideration in any
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