Senate Bill sb0662
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Florida Senate - 2002 SB 662
By Senator Latvala
311-168B-02
1 A bill to be entitled
2 An act relating to governmental reorganization;
3 creating s. 17.001, F.S.; establishing the
4 Office of the Chief Financial Officer; creating
5 s. 20.121, F.S.; creating the Department of
6 Financial Services; providing for the divisions
7 of the department; specifying division
8 directors who shall act as agency head for
9 purposes of ch. 120, F.S.; establishing the
10 manner of their appointment and confirmation;
11 transferring the Bureau of Deferred
12 Compensation from the Department of Insurance
13 to the Department of Management Services;
14 transferring the Division of Workers'
15 Compensation from the Department of Labor and
16 Employment Security to the Department of
17 Financial Services; providing that this act
18 shall not affect the validity of certain
19 judicial and administrative actions;
20 transferring the Department of Banking and
21 Finance and the Department of Insurance to the
22 Department of Financial Services; repealing s.
23 20.12, F.S.; abolishing the Department of
24 Banking and Finance; repealing s. 20.13, F.S.;
25 abolishing the Department of Insurance;
26 redesignating the Insurance Commissioner's
27 Regulatory Trust Fund the Insurance Regulatory
28 Trust Fund; redesignating the Department of
29 Banking and Finance Regulatory Trust Fund the
30 Banking and Finance Regulatory Trust Fund;
31 repealing s. 20.171(5)(b), F.S., relating to
1
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Florida Senate - 2002 SB 662
311-168B-02
1 the Division of Workers' Compensation in the
2 Department of Labor and Employment Security;
3 amending and transferring ss. 18.01, 18.02,
4 18.021, 18.05, 18.06, 18.10, 18.101, 18.103,
5 18.104, 18.125, 18.15, 18.17, 18.20, 18.23,
6 18.24, F.S., and amending ss. 11.12, 11.13,
7 11.147, 11.151, 11.40, 11.42, 13.05, 14.055,
8 14.057, 14.058, 14.202, 14.203, 14.24, 15.09,
9 16.10, 17.011, 17.02, 17.03, 17.031, 17.04,
10 17.0401, 17.041, 17.0415, 17.05, 17.06, 17.075,
11 17.076, 17.08, 17.09, 17.10, 17.11, 17.12,
12 17.13, 17.14, 17.16, 17.17, 17.20, 17.21,
13 17.22, 17.25, 17.26, 17.27, 17.28, 17.29,
14 17.30, 17.32, 17.325, 17.41, 17.43, 20.04,
15 20.055, 20.195, 20.425, 20.435, 24.105, 24.111,
16 24.112, 24.120, 25.241, 26.39, 27.08, 27.10,
17 27.11, 27.12, 27.13, 27.34, 27.3455, 27.703,
18 27.710, 27.711, 28.235, 28.24, 30.52, 40.30,
19 40.31, 40.33, 40.34, 40.35, 43.16, 43.19,
20 48.151, 55.03, 57.091, 68.083, 68.084, 68.087,
21 68.092, 77.0305, 92.39, 99.097, 101.151,
22 103.091, 107.11, 110.1127, 110.113, 110.114,
23 110.116, 110.1227, 110.1228, 110.123, 110.125,
24 110.181, 110.2037, 110.205, 112.061, 112.08,
25 112.191, 112.215, 112.3144, 112.3145, 112.3189,
26 112.31895, 112.3215, 112.63, 114.03, 116.03,
27 116.04, 116.05, 116.06, 116.14, 120.52, 120.80,
28 121.0312, 121.055, 121.061, 121.133, 121.4501,
29 125.0104, 129.201, 131.05, 137.09, 145.141,
30 154.02, 154.03, 154.05, 154.06, 154.209,
31 154.314, 163.01, 163.05, 163.055, 163.3167,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 662
311-168B-02
1 175.101, 175.121, 175.151, 185.08, 185.10,
2 185.13, 189.4035, 189.412, 189.427, 190.007,
3 191.006, 192.091, 192.102, 193.092, 195.101,
4 198.29, 199.232, 203.01, 206.46, 210.16,
5 210.20, 210.50, 211.06, 211.32, 212.08, 212.12,
6 212.20, 213.053, 213.054, 213.255, 213.67,
7 213.75, 215.02, 215.03, 215.04, 215.05, 215.11,
8 215.20, 215.22, 215.23, 215.24, 215.25, 215.26,
9 215.29, 215.31, 215.32, 215.3206, 215.3208,
10 215.321, 215.322, 215.34, 215.35, 215.405,
11 215.42, 215.422, 215.44, 215.50, 215.551,
12 215.552, 215.555, 215.559, 215.56005, 215.5601,
13 215.58, 215.62, 215.684, 215.70, 215.91,
14 215.92, 215.93, 215.94, 215.95, 215.96,
15 215.965, 215.97, 216.0442, 216.102, 216.141,
16 216.177, 216.181, 216.183, 216.192, 216.212,
17 216.221, 216.235, 216.237, 216.251, 216.271,
18 216.275, 216.292, 216.301, 217.07, 218.06,
19 218.23, 218.31, 218.321, 218.325, 220.62,
20 220.723, 228.2001, 229.0535, 229.0537,
21 229.05371, 229.111, 229.781, 231.261, 231.30,
22 231.545, 233.063, 233.07, 233.15, 233.16,
23 233.255, 236.43, 236.601, 237.121, 237.181,
24 237.211, 238.11, 238.15, 238.172, 238.173,
25 240.551, 242.331, 242.341, 245.13, 250.22,
26 250.24, 250.25, 250.26, 250.34, 252.62, 252.87,
27 253.02, 253.025, 255.03, 255.052, 255.258,
28 255.503, 255.521, 257.22, 258.014, 259.032,
29 259.041, 265.53, 265.55, 267.075, 272.18,
30 280.02, 280.04, 280.041, 280.05, 280.051,
31 280.052, 280.053, 280.054, 280.055, 280.06,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 662
311-168B-02
1 280.07, 280.071, 280.08, 280.085, 280.09,
2 280.10, 280.11, 280.13, 280.16, 280.17, 280.18,
3 280.19, 282.1095, 284.02, 284.04, 284.05,
4 284.06, 284.08, 284.14, 284.17, 284.30, 284.31,
5 284.32, 284.33, 284.34, 284.35, 284.37,
6 284.385, 284.39, 284.40, 284.41, 284.42,
7 284.44, 284.50, 287.042, 287.057, 287.058,
8 287.063, 287.064, 287.09451, 287.115, 287.131,
9 287.175, 288.1045, 288.106, 288.109, 288.1253,
10 288.709, 288.712, 288.776, 288.778, 288.99,
11 289.051, 289.081, 289.121, 292.085, 313.02,
12 314.02, 316.3025, 316.545, 320.02, 320.081,
13 320.20, 320.71, 320.781, 322.21, 324.032,
14 324.171, 326.006, 331.303, 331.309, 331.3101,
15 331.348, 331.419, 336.022, 337.25, 339.035,
16 339.081, 344.17, 350.06, 354.03, 365.173,
17 370.06, 370.16, 370.19, 370.20, 373.503,
18 373.59, 373.6065, 374.983, 374.986, 376.11,
19 376.123, 376.307, 376.3071, 376.3072, 376.3075,
20 376.3078, 376.3079, 376.40, 377.23, 377.2425,
21 377.705, 378.035, 378.037, 378.208, 381.765,
22 381.90, 388.201, 388.301, 391.025, 391.221,
23 392.69, 393.002, 393.075, 394.482, 400.0238,
24 400.063, 400.071, 400.4174, 400.4298, 400.471,
25 400.962, 401.245, 401.25, 402.04, 402.17,
26 402.33, 403.1835, 403.1837, 403.706, 403.724,
27 403.8532, 404.111, 408.040, 408.05, 408.08,
28 408.18, 408.50, 408.7056, 408.902, 409.175,
29 409.25656, 409.25658, 409.2673, 409.8132,
30 409.817, 409.818, 409.910, 409.912, 409.9124,
31 409.915, 411.01, 413.32, 414.27, 414.28,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 SB 662
311-168B-02
1 420.0005, 420.0006, 420.101, 420.123, 420.131,
2 420.141, 420.5092, 430.42, 430.703, 440.103,
3 440.105, 440.1051, 440.106, 440.13, 440.134,
4 440.135, 440.20, 440.24, 440.38, 440.381,
5 440.385, 440.44, 440.4416, 440.49, 440.50,
6 440.51, 440.515, 440.52, 443.131, 443.191,
7 443.211, 447.12, 450.155, 456.047, 468.392,
8 473.3065, 475.045, 475.484, 475.485, 489.144,
9 489.145, 489.533, 494.001, 494.0011, 494.0017,
10 494.00421, 497.005, 497.101, 497.105, 497.107,
11 497.109, 497.115, 497.117, 497.131, 497.201,
12 497.253, 497.313, 497.403, 497.407, 497.435,
13 497.525, 498.025, 498.049, 499.057, 501.212,
14 509.215, 513.055, 516.01, 516.03, 516.35,
15 517.021, 517.03, 517.061, 517.075, 517.1204,
16 517.1205, 517.131, 517.141, 517.151, 518.115,
17 518.116, 519.101, 520.02, 520.07, 520.31,
18 520.34, 520.61, 520.76, 520.998, 526.141,
19 537.003, 537.004, 537.011, 548.066, 548.077,
20 550.0251, 550.054, 550.0951, 550.125, 550.135,
21 550.1645, 552.081, 552.161, 552.21, 552.26,
22 553.72, 553.73, 553.74, 553.79, 554.1021,
23 554.105, 554.111, 559.10, 559.543, 559.545,
24 559.55, 559.555, 559.725, 559.730, 559.928,
25 560.102, 560.103, 560.119, 560.4041, 560.408,
26 561.051, 562.44, 567.08, 569.205, 570.13,
27 570.195, 570.20, 574.03, 589.06, 597.010,
28 601.10, 601.15, 601.28, 607.0501, 607.14401,
29 609.05, 617.0501, 617.1440, 624.05, 624.155,
30 624.305, 624.307, 624.310, 624.314, 624.319,
31 624.320, 624.321, 624.322, 624.33, 624.404,
5
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Florida Senate - 2002 SB 662
311-168B-02
1 624.4071, 624.4085, 624.40851, 624.422,
2 624.423, 624.442, 624.4435, 624.484, 624.5015,
3 624.502, 624.506, 624.5091, 624.5092, 624.516,
4 624.517, 624.519, 624.521, 624.523, 624.610,
5 624.87, 624.91, 625.161, 625.317, 625.52,
6 625.53, 625.83, 626.266, 626.2815, 626.322,
7 626.592, 626.742, 626.7492, 626.8427, 626.8463,
8 626.8467, 626.847, 626.8736, 626.906, 626.907,
9 626.912, 626.918, 626.931, 626.932, 626.936,
10 626.9361, 626.937, 626.938, 626.9511, 626.9541,
11 626.9543, 626.989, 626.9892, 626.9911,
12 626.9912, 626.9916, 627.0613, 627.0628,
13 627.0651, 627.06535, 627.0915, 627.0916,
14 627.092, 627.096, 627.221, 627.311, 627.351,
15 627.413, 627.4236, 627.6472, 627.6482,
16 627.6488, 627.6675, 627.7012, 627.7015,
17 627.727, 627.728, 627.736, 627.849, 627.912,
18 627.9122, 627.919, 627.94074, 627.944, 627.948,
19 628.461, 628.4615, 629.401, 631.001, 631.221,
20 631.392, 631.54, 631.57, 631.59, 631.714,
21 631.72, 631.723, 631.813, 631.814, 631.904,
22 631.911, 631.912, 631.917, 631.931, 632.628,
23 633.01, 633.022, 633.025, 633.052, 633.061,
24 633.081, 633.111, 633.161, 633.162, 633.30,
25 633.31, 633.353, 633.382, 633.43, 633.445,
26 633.45, 633.46, 633.461, 633.47, 633.50,
27 633.524, 634.011, 634.137, 634.151, 634.161,
28 634.221, 634.301, 634.313, 634.324, 634.327,
29 634.3284, 634.401, 634.415, 634.416, 634.427,
30 634.433, 635.011, 635.041, 636.003, 636.043,
31 636.047, 636.052, 641.185, 641.19, 641.23,
6
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Florida Senate - 2002 SB 662
311-168B-02
1 641.26, 641.28, 641.39001, 641.402, 641.403,
2 641.412, 641.454, 641.455, 641.48, 641.49,
3 641.511, 641.52, 641.55, 641.58, 642.015,
4 642.0475, 648.25, 648.26, 648.34, 648.355,
5 648.37, 648.386, 648.442, 650.06, 651.011,
6 651.015, 651.0235, 651.035, 651.121, 651.125,
7 655.001, 655.005, 655.057, 655.90, 657.002,
8 657.253, 658.23, 658.295, 658.2953, 658.83,
9 660.27, 660.28, 687.13, 687.14, 697.202,
10 697.205, 697.206, 713.596, 716.02, 716.03,
11 716.04, 716.05, 716.06, 716.07, 717.101,
12 717.135, 717.138, 718.501, 719.501, 721.24,
13 721.26, 723.006, 732.107, 733.816, 744.534,
14 766.105, 766.1115, 766.314, 766.315, 768.28,
15 790.001, 790.1612, 791.01, 791.015, 817.16,
16 817.234, 839.06, 849.086, 849.33, 860.154,
17 860.157, 896.102, 903.101, 903.27, 925.037,
18 932.7055, 932.707, 938.27, 939.13, 943.031,
19 943.032, 944.516, 946.33, 946.509, 946.510,
20 946.517, 946.522, 946.525, 947.12, 950.002,
21 957.04, 985.406, 985.409, F.S., to conform;
22 repealing s. 18.03, F.S., relating to the
23 residence and office of the Treasurer, s.
24 18.07, F.S., relating to records of warrants
25 and state funds and securities, s. 18.08, F.S.,
26 relating to the duty of the Treasurer to turn
27 over warrants paid to the Comptroller, s.
28 18.09, F.S., relating to a report to the
29 Legislature, s. 18.091, F.S., relating to
30 employees for legislative sessions; s. 18.22,
31 F.S., relating to rules, s. 657.067, F.S.,
7
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Florida Senate - 2002 SB 662
311-168B-02
1 relating to conversion of credit unions from
2 federal to state charter; providing effective
3 dates.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 17.001, Florida Statutes, is
8 created to read:
9 17.001 Financial Officer.--As provided in s. 4(c),
10 Art. IV of the State Constitution, the Chief Financial Officer
11 is the chief fiscal officer of the state and is responsible
12 for settling and approving accounts against the state and
13 keeping all state funds and securities.
14 Section 2. Section 20.121, Florida Statutes, is
15 created to read:
16 20.121 Department of Financial Services.--There is
17 created a Department of Financial Services.
18 (1) The head of the Department of Financial Services
19 is the Chief Financial Officer.
20 (2) The Department of Financial Services shall consist
21 of the following divisions:
22 (a) Division of Treasury.
23 (b) Division of Consumer Services.
24 (c) Division of Insurer Services. Division
25 responsibilities, as provided in the Florida Insurance Code,
26 include issuing certificates of authority to insurers,
27 regulatory oversight of insurer insolvency, approving policy
28 forms and rates, performing market conduct examinations, and
29 enforcing statutes related to insurers.
30 (d) Division of Financial Institutions, which shall
31 consist of the following bureaus:
8
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Florida Senate - 2002 SB 662
311-168B-02
1 1. Bureau of Banking; and
2 2. Bureau of Credit Unions.
3
4 Division responsibilities include licensure, examination, and
5 regulation of state-chartered financial institutions, as
6 provided in chapters 655, 657, 658, 660, 663, 665, and 667.
7 (e) Division of Risk Management.
8 (f) Division of State Fire Marshal.
9 (g) Division of Insurance Fraud.
10 (h) Division of Rehabilitation and Liquidation.
11 (i) Division of Securities and Finance. Division
12 responsibilities include enforcing chapter 517, the Florida
13 Securities and Investor Protection Act; chapter 494, relating
14 to mortgage brokerage and mortgage lending; chapter 516, the
15 Consumer Finance Act; chapter 520, relating to retail
16 installment sales; those sections in chapter 559 relating to
17 collection agencies; chapter 560, the Money Transmitters'
18 Code; those portions of chapter 497 related to the
19 department's responsibilities with respect to cemeteries and
20 preneed services; and certifying and reviewing certified
21 capital companies, as provided in s. 288.99.
22 (j) Division of Information Systems.
23 (k) Division of Legal Services.
24 (l) Division of Financial Investigations.
25 (m) Division of Accounting and Auditing.
26 (n) Division of Insurance Agent and Agency Services.
27 (o) Division of Administration.
28 (p) The Division of Workers' Compensation.
29 (3) The Division of Financial Institutions, the
30 Division of Securities and Finance, and the Division of
31 Insurer Services shall each be headed by a "director." The
9
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Florida Senate - 2002 SB 662
311-168B-02
1 directors of these divisions shall act as agency head for
2 purposes of chapter 120, and shall be responsible for final
3 agency action with regard to the implementation and
4 enforcement of statutes and rules under the regulatory
5 authority delegated to their divisions. The Director of the
6 Division of Financial Institutions, the Director of the
7 Division of Securities and Finance, and the Director of the
8 Division of Insurer Services shall each be appointed by the
9 Chief Financial Officer, subject to confirmation by the
10 trustees of the State Board of Administration, and shall serve
11 at the pleasure of the trustees of the State Board of
12 Administration.
13 (4) The Division of Financial Investigations shall
14 function as a criminal justice agency within the meaning of s.
15 943.045(10)(e).
16 Section 3. The Bureau of Deferred Compensation of the
17 Division of Treasury is transferred by a type two transfer, as
18 defined in section 20.06(2), Florida Statutes, from the
19 Department of Insurance to the Department of Management
20 Services.
21 Section 4. The Division of Workers' Compensation of
22 the Department of Labor and Employment Security is transferred
23 by a type two transfer, as defined in section 20.06(2),
24 Florida Statutes, to the Department of Financial Services.
25 Section 5. This act shall not affect the validity of
26 any judicial or administrative action involving the Department
27 of Banking and Finance or the Department of Insurance pending
28 on January 7, 2003, and the Department of Financial Services
29 shall be substituted as a party in interest in any such
30 action. However, if the action involves the constitutional
31
10
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Florida Senate - 2002 SB 662
311-168B-02
1 functions of the Comptroller or Treasurer, the Chief Financial
2 Officer shall instead be substituted as a party in interest.
3 Section 6. The Department of Banking and Finance and
4 the Department of Insurance are transferred by a type two
5 transfer, as defined in section 20.06, Florida Statutes, to
6 the Department of Financial Services.
7 Section 7. Sections 20.12 and 20.13 and paragraph (b)
8 of subsection (5) of section 20.171, Florida Statutes, are
9 repealed.
10 Section 8. Section 11.12, Florida Statutes, is amended
11 to read:
12 11.12 Salary, subsistence, and mileage of members and
13 employees; expenses authorized by resolution; appropriation;
14 preaudit by Comptroller.--
15 (1) The Chief Financial Officer Treasurer is
16 authorized to pay the salary, subsistence, and mileage of the
17 members of the Legislature, as the same shall be authorized
18 from time to time by law, upon receipt of a warrant therefor
19 of the Comptroller for the stated amount. The Chief Financial
20 Officer Treasurer is authorized to pay the compensation of
21 employees of the Legislature, together with reimbursement for
22 their authorized travel as provided in s. 112.061, and such
23 expense of the Legislature as shall be authorized by law, a
24 concurrent resolution, a resolution of either house, or rules
25 adopted by the respective houses, provided the total amount
26 appropriated to the legislative branch shall not be altered,
27 upon receipt of such warrant therefor. The number, duties, and
28 compensation of the employees of the respective houses and of
29 their committees shall be determined as provided by the rules
30 of the respective house or in this chapter. Each legislator
31 may designate no more than two employees to attend sessions of
11
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Florida Senate - 2002 SB 662
311-168B-02
1 the Legislature, and those employees who change their places
2 of residence in order to attend the session shall be paid
3 subsistence at a rate to be established by the President of
4 the Senate for Senate employees and the Speaker of the House
5 of Representatives for House employees. Such employees, in
6 addition to subsistence, shall be paid transportation expenses
7 in accordance with s. 112.061(7) and (8) for actual
8 transportation between their homes and the seat of government
9 in order to attend the legislative session and return home, as
10 well as for two round trips during the course of any regular
11 session of the Legislature.
12 (2) All vouchers covering legislative expenses shall
13 be preaudited by the Chief Financial Officer Comptroller, and,
14 if found to be correct, state warrants shall be issued
15 therefor.
16 Section 9. Paragraph (c) of subsection (5) of section
17 11.13, Florida Statutes, is amended to read:
18 11.13 Compensation of members.--
19 (5)
20 (c) The Office of Legislative Services shall submit on
21 forms prescribed by the Chief Financial Officer Comptroller
22 requested allotments of appropriations for the fiscal year. It
23 shall be the duty of the Chief Financial Officer Comptroller
24 to release the funds and authorize the expenditures for the
25 legislative branch to be made from the appropriations on the
26 basis of the requested allotments. However, the aggregate of
27 such allotments shall not exceed the total appropriations
28 available for the fiscal year.
29 Section 10. Subsection (4) of section 11.147, Florida
30 Statutes, is amended to read:
31 11.147 Office of Legislative Services.--
12
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Florida Senate - 2002 SB 662
311-168B-02
1 (4) The Office of Legislative Services shall deliver
2 such vouchers covering legislative expenses as required to the
3 Chief Financial Officer Comptroller and, if found to be
4 correct, state warrants shall be issued therefor.
5 Section 11. Section 11.151, Florida Statutes, is
6 amended to read:
7 11.151 Annual legislative appropriation to contingency
8 fund for use of Senate President and House Speaker.--There is
9 established a legislative contingency fund consisting of
10 $10,000 for the President of the Senate and $10,000 for the
11 Speaker of the House of Representatives, which amounts shall
12 be set aside annually from moneys appropriated for legislative
13 expense. These funds shall be disbursed by the Chief
14 Financial Officer Comptroller upon receipt of vouchers
15 authorized by the President of the Senate or the Speaker of
16 the House of Representatives. Such Said funds may be expended
17 at the unrestricted discretion of the President of the Senate
18 or the Speaker of the House of Representatives in carrying out
19 their official duties during the entire period between the
20 date of their election as such officers at the organizational
21 meeting held pursuant to s. 3(a), Art. III of the State
22 Constitution and the next general election.
23 Section 12. Subsection (5) of section 11.40, Florida
24 Statutes, is amended to read:
25 11.40 Legislative Auditing Committee.--
26 (5) Following notification by the Auditor General, the
27 Department of Financial Services Banking and Finance, or the
28 Division of Bond Finance of the State Board of Administration
29 of the failure of a local governmental entity, district school
30 board, charter school, or charter technical career center to
31 comply with the applicable provisions within s. 11.45(5)-(7),
13
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Florida Senate - 2002 SB 662
311-168B-02
1 s. 218.32(1), or s. 218.38, the Legislative Auditing Committee
2 may schedule a hearing. If a hearing is scheduled, the
3 committee shall determine if the entity should be subject to
4 further state action. If the committee determines that the
5 entity should be subject to further state action, the
6 committee shall:
7 (a) In the case of a local governmental entity or
8 district school board, request the Department of Revenue and
9 the Department of Financial Services Banking and Finance to
10 withhold any funds not pledged for bond debt service
11 satisfaction which are payable to such entity until the entity
12 complies with the law. The committee, in its request, shall
13 specify the date such action shall begin, and the request must
14 be received by the Department of Revenue and the Department of
15 Financial Services Banking and Finance 30 days before the date
16 of the distribution mandated by law. The Department of Revenue
17 and the Department of Financial Services may Banking and
18 Finance are authorized to implement the provisions of this
19 paragraph.
20 (b) In the case of a special district, notify the
21 Department of Community Affairs that the special district has
22 failed to comply with the law. Upon receipt of notification,
23 the Department of Community Affairs shall proceed pursuant to
24 the provisions specified in ss. 189.421 and 189.422.
25 (c) In the case of a charter school or charter
26 technical career center, notify the appropriate sponsoring
27 entity, which may terminate the charter pursuant to ss.
28 228.056 and 228.505.
29 Section 13. Paragraph (b) of subsection (6) of section
30 11.42, Florida Statutes, is amended to read:
31 11.42 The Auditor General.--
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1 (6)
2 (b) All payrolls and vouchers for the operations of
3 the Auditor General's office shall be submitted to the Chief
4 Financial Officer Comptroller and, if found to be correct,
5 payments shall be issued therefor.
6 Section 14. Subsection (1) of section 13.05, Florida
7 Statutes, is amended to read:
8 13.05 Governor's Committee on Interstate
9 Cooperation.--
10 (1) There is hereby established a committee of
11 administrative officials of this state to be officially known
12 as the Governor's Committee on Interstate Cooperation, and to
13 consist of six seven members. Its members shall be the
14 Governor, Secretary of State, Attorney General, Chief
15 Financial Officer Comptroller, Treasurer, Commissioner of
16 Education, and Commissioner of Agriculture. Any member of the
17 Governor's committee may designate an alternate to serve in
18 the member's place upon any occasion; such alternate shall be
19 an administrative official or employee of the state.
20 Section 15. Section 14.055, Florida Statutes, is
21 amended to read:
22 14.055 Succession to office of Governor.--Upon vacancy
23 in the office of Governor, the Lieutenant Governor shall
24 become Governor. Upon vacancy in the office of Governor and
25 in the office of Lieutenant Governor, the Secretary of State
26 shall become Governor; or if the office of Secretary of State
27 be vacant, then the Attorney General shall become Governor; or
28 if the office of Attorney General be vacant, then the Chief
29 Financial Officer Comptroller shall become Governor; or if the
30 office of Comptroller be vacant, then the Treasurer shall
31 become Governor; or if the office of Treasurer be vacant, then
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1 the Commissioner of Education shall become Governor; or if the
2 office of Chief Financial Officer Commissioner of Education be
3 vacant, then the Commissioner of Agriculture shall become
4 Governor. A successor under this section shall serve for the
5 remainder of the term and shall receive all the rights,
6 privileges and emoluments of the Governor. In case a vacancy
7 shall occur in the office of Governor and provision is not
8 made herein for filling such vacancy, then the Speaker of the
9 House and the President of the Senate shall convene the
10 Legislature by joint proclamation within 15 days for the
11 purpose of choosing a person to serve as Governor for the
12 remainder of the term. A successor shall be elected by a
13 majority vote in a joint session of both houses.
14 Section 16. Subsection (1) of section 14.057, Florida
15 Statutes, is amended to read:
16 14.057 Governor-elect; establishment of operating
17 fund.--
18 (1) There is established an operating fund for the use
19 of the Governor-elect during the period dating from the
20 certification of his or her election by the Elections
21 Canvassing Commission to his or her inauguration as Governor.
22 The Governor-elect during this period may allocate the fund to
23 travel, expenses, his or her salary, and the salaries of the
24 Governor-elect's staff as he or she determines. Such staff may
25 include, but not be limited to, a chief administrative
26 assistant, a legal adviser, a fiscal expert, and a public
27 relations and information adviser. The salary of the
28 Governor-elect and each member of the Governor-elect's staff
29 during this period shall be determined by the Governor-elect,
30 except that the total expenditures chargeable to the state
31 under this section, including salaries, shall not exceed the
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1 amount appropriated to the operating fund. The Executive
2 Office of the Governor shall supply to the Governor-elect
3 suitable forms to provide for the expenditure of the fund and
4 suitable forms to provide for the reporting of all
5 expenditures therefrom. The Chief Financial Officer
6 Comptroller shall release moneys from this fund upon the
7 request of the Governor-elect properly filed.
8 Section 17. Section 14.058, Florida Statutes, is
9 amended to read:
10 14.058 Inauguration expense fund.--There is
11 established an inauguration expense fund for the use of the
12 Governor-elect in planning and conducting the inauguration
13 ceremonies. The Governor-elect shall appoint an inauguration
14 coordinator and such staff as necessary to plan and conduct
15 the inauguration. Salaries for the inauguration coordinator
16 and the inauguration coordinator's staff shall be determined
17 by the Governor-elect and shall be paid from the inauguration
18 expense fund. The Executive Office of the Governor shall
19 supply to the inauguration coordinator suitable forms to
20 provide for the expenditure of the fund and suitable forms to
21 provide for the reporting of all expenditures therefrom. The
22 Chief Financial Officer Comptroller shall release moneys from
23 this fund upon the request of the inauguration coordinator
24 properly filed.
25 Section 18. Section 14.202, Florida Statutes, is
26 amended to read:
27 14.202 Administration Commission.--There is created as
28 part of the Executive Office of the Governor an Administration
29 Commission composed of the Governor and Cabinet. The Governor
30 is chair of the commission. The Governor or Chief Financial
31 Officer Comptroller may call a meeting of the commission
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1 promptly each time the need therefor arises. Unless otherwise
2 provided herein, affirmative action by the commission shall
3 require the approval of the Governor and at least two three
4 other members of the commission. The commission shall adopt
5 rules pursuant to ss. 120.536(1) and 120.54 to implement
6 provisions of law conferring duties upon it.
7 Section 19. Paragraph (f) of subsection (3) of section
8 14.203, Florida Statutes, is 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 Comptroller, the Treasurer, the
2 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 20. Subsection (1) of section 14.24, Florida
8 Statutes, is amended to read:
9 14.24 Florida Commission on the Status of Women.--
10 (1) There is established in the Office of the Attorney
11 General the Florida Commission on the Status of Women,
12 consisting of 20 22 members. The Speaker of the House of
13 Representatives, the President of the Senate, the Attorney
14 General, and the Governor shall each appoint three members and
15 the Chief Financial Officer, Insurance Commissioner, the
16 Comptroller, the Secretary of State, the Commissioner of
17 Agriculture, and the Commissioner of Education shall each
18 appoint two members, for a term of 4 years, except that of the
19 initial appointments, one-half shall be for a 2-year term and
20 one-half shall be for a 4-year term. On January 7, 2003, the
21 term of office of each member appointed by the Insurance
22 Commissioner and the Comptroller expires; and the Chief
23 Financial Officer shall reappoint one of the members who was
24 serving on January 6, 2003, and who was appointed by the
25 Insurance Commissioner and one of such members who was
26 appointed by the Comptroller. If possible, the reappointments
27 shall be made so that the terms of the Chief Financial
28 Officer's appointees remain staggered, but if both
29 reappointees were serving terms of the same length, the
30 reappointment shall be made so that the staggering of terms is
31 maintained. The members appointed shall include persons who
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1 represent rural and urban interests and the ethnic and
2 cultural diversity of the state's population. No member shall
3 serve more than 8 consecutive years on the commission. A
4 vacancy shall be filled for the remainder of the unexpired
5 term in the same manner as the original appointment.
6 Section 21. Subsection (3) of section 15.09, Florida
7 Statutes, is amended to read:
8 15.09 Fees.--
9 (3) All fees arising from certificates of election or
10 appointment to office and from commissions to officers shall
11 be paid to the Chief Financial Officer Treasurer for deposit
12 in the General Revenue Fund.
13 Section 22. Section 16.10, Florida Statutes, is
14 amended to read:
15 16.10 Receipt of Supreme Court reports for
16 office.--The Clerk of the Supreme Court shall deliver to the
17 Attorney General a copy of each volume, or part of volume, of
18 the decisions of the Supreme Court, which may be in the care
19 or custody of said clerk, and which the Attorney General's
20 office may be without, and take the Attorney General's receipt
21 for the same. The Attorney General shall keep the same in her
22 or his office at the capitol, and each retiring Attorney
23 General shall take the receipt of her or his successor for the
24 same and file such receipt in the Chief Financial Officer's
25 Treasurer's office; provided that this shall not authorize the
26 taking away of any book belonging to the Supreme Court
27 library, kept for the use of said court.
28 Section 23. Section 17.011, Florida Statutes, is
29 amended to read:
30 17.011 Assistant Chief Financial Officer
31 comptroller.--The Chief Financial Officer Comptroller of the
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1 state may appoint an assistant comptroller to hold office
2 during the pleasure of the Chief Financial Officer
3 Comptroller.
4 Section 24. Section 17.02, Florida Statutes, is
5 amended to read:
6 17.02 Place of residence and office.--The Chief
7 Financial Officer Comptroller shall reside at the seat of
8 government of this state, and shall hold office in a room in
9 the capitol. Such office must be open every day, holidays and
10 public festivals excepted, from 8 a.m. to 5 p.m. Monday
11 through Friday of every week.
12 Section 25. Section 17.03, Florida Statutes, is
13 amended to read:
14 17.03 To audit claims against the state.--
15 (1) The Chief Financial Officer Comptroller of this
16 state, using generally accepted auditing procedures for
17 testing or sampling, shall examine, audit, and settle all
18 accounts, claims, and demands, whatsoever, against the state,
19 arising under any law or resolution of the Legislature, and
20 issue a warrant to the Treasurer directing the payment
21 Treasurer to pay out of the State Treasury such amount as he
22 or she allows shall be allowed by the Comptroller thereon.
23 (2) The Chief Financial Officer Comptroller may
24 establish dollar thresholds applicable to each invoice amount
25 and other criteria for testing or sampling invoices on a
26 preaudit and postaudit basis. The Chief Financial Officer
27 Comptroller may revise such thresholds and other criteria for
28 an agency or the unit of any agency as he or she deems
29 appropriate.
30 (3) The Chief Financial Officer Comptroller may adopt
31 and disseminate to the agencies procedural and documentation
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1 standards for payment requests and may provide training and
2 technical assistance to the agencies for these standards.
3 (4) The Chief Financial Officer Comptroller shall have
4 the legal duty of delivering all state warrants and shall be
5 charged with the official responsibility of the protection and
6 security of the state warrants while in his or her custody.
7 The Chief Financial Officer Comptroller may delegate this
8 authority to other state agencies or officers.
9 Section 26. Section 17.031, Florida Statutes, is
10 amended to read:
11 17.031 Security of Chief Financial Officer's
12 Comptroller's office.--The Chief Financial Officer may
13 Comptroller is authorized to engage the full-time services of
14 two law enforcement officers, with power of arrest, to prevent
15 all acts of a criminal nature directed at the property in the
16 custody or control of the Chief Financial Officer Comptroller.
17 While so assigned, such said officers shall be under the
18 direction and supervision of the Chief Financial Officer
19 Comptroller, and their salaries and expenses shall be paid
20 from the general fund of the office of Chief Financial Officer
21 Comptroller.
22 Section 27. Section 17.04, Florida Statutes, is
23 amended to read:
24 17.04 To audit and adjust accounts of officers and
25 those indebted to the state.--The Chief Financial Officer
26 Department of Banking and Finance of this state, using
27 generally accepted auditing procedures for testing or
28 sampling, shall examine, audit, adjust, and settle the
29 accounts of all the officers of this state, and any other
30 person in anywise entrusted with, or who may have received any
31 property, funds, or moneys of this state, or who may be in
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1 anywise indebted or accountable to this state for any
2 property, funds, or moneys, and require such officer or
3 persons to render full accounts thereof, and to yield up such
4 property or funds according to law, or pay such moneys into
5 the treasury of this state, or to such officer or agent of the
6 state as may be appointed to receive the same, and on failure
7 so to do, to cause to be instituted and prosecuted
8 proceedings, criminal or civil, at law or in equity, against
9 such persons, according to law. The Division of Financial
10 Investigations may conduct investigations within or outside of
11 this state as it deems necessary to aid in the enforcement of
12 this section. If during an investigation the division has
13 reason to believe that any criminal statute of this state has
14 or may have been violated, the division shall refer any
15 records tending to show such violation to state or federal law
16 enforcement or prosecutorial agencies and shall provide
17 investigative assistance to those agencies as required.
18 Section 28. Section 17.0401, Florida Statutes, is
19 amended to read:
20 17.0401 Confidentiality of information relating to
21 financial investigations.--Except as otherwise provided by
22 this section, information relative to an investigation
23 conducted by the Division of Financial Investigations pursuant
24 to s. 17.04, including any consumer complaint, is confidential
25 and exempt from the provisions of s. 119.07(1) and s. 24(a),
26 Art. I of the State Constitution until the investigation is
27 completed or ceases to be active. Any information relating to
28 an investigation conducted by the division pursuant to s.
29 17.04 shall remain confidential and exempt from the provisions
30 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
31 after the division's investigation is completed or ceases to
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1 be active if the division submits the information to any law
2 enforcement or prosecutorial agency for further investigation.
3 Such information shall remain confidential and exempt from the
4 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
5 Constitution until that agency's investigation is completed or
6 ceases to be active. For purposes of this section, an
7 investigation shall be considered "active" so long as the
8 division or any law enforcement or prosecutorial agency is
9 proceeding with reasonable dispatch and has a reasonable good
10 faith belief that the investigation may lead to the filing of
11 an administrative, civil, or criminal proceeding. This
12 section shall not be construed to prohibit disclosure of
13 information that which is required by law to be filed with the
14 Department of Financial Services Banking and Finance and that
15 which, but for the investigation, would otherwise be subject
16 to public disclosure. Nothing in this section shall be
17 construed to prohibit the division from providing information
18 to any law enforcement or prosecutorial agency. Any law
19 enforcement or prosecutorial agency receiving confidential
20 information from the division in connection with its official
21 duties shall maintain the confidentiality of the information
22 as provided for in this section.
23 Section 29. Subsections (1), (4), and (5) of section
24 17.041, Florida Statutes, are amended to read:
25 17.041 County and district accounts and claims.--
26 (1) It shall be the duty of the Chief Financial
27 Officer Department of Banking and Finance of this state to
28 adjust and settle, or cause to be adjusted and settled, all
29 accounts and claims heretofore or hereafter reported to it by
30 the Auditor General, the appropriate county or district
31 official, or any person against all county and district
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1 officers and employees, and against all other persons
2 entrusted with, or who may have received, any property, funds,
3 or moneys of a county or district or who may be in anywise
4 indebted to or accountable to a county or district for any
5 property, funds, moneys, or other thing of value, and to
6 require such officer, employee, or person to render full
7 accounts thereof and to yield up such property, funds, moneys,
8 or other thing of value according to law to the officer or
9 authority entitled by law to receive the same.
10 (4) Should it appear to the Chief Financial Officer
11 department that any criminal statute of this state has or may
12 have been violated by such defaulting officer, employee, or
13 person, such information, evidence, documents, and other
14 things tending to show such a violation, whether in the hands
15 of the Chief Financial Officer Comptroller, the Auditor
16 General, the county, or the district, shall be forthwith
17 turned over to the proper state attorney for inspection,
18 study, and such action as may be deemed proper, or the same
19 may be brought to the attention of the proper grand jury.
20 (5) No such account or claim, after it has been
21 certified to the Chief Financial Officer department, may be
22 settled for less than the amount due according to law without
23 the written consent of the Chief Financial Officer department,
24 and any attempt to make settlement in violation of this
25 subsection shall be deemed null and void. A county or
26 district board desiring to make such a settlement shall
27 incorporate the proposed settlement into a resolution, stating
28 that the proposed settlement is contingent upon the Chief
29 Financial Officer's Comptroller's approval, and shall submit
30 two copies of the resolution to the Chief Financial Officer
31 department. The Chief Financial Officer department shall
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1 return one copy with his or her the Comptroller's action
2 endorsed thereon.
3 Section 30. Section 17.0415, Florida Statutes, is
4 amended to read:
5 17.0415 Transfer and assignment of claims.--In order
6 to facilitate their collection from third parties, the Chief
7 Financial Officer Comptroller may authorize the assignment of
8 claims among the state, its agencies, and its subdivisions,
9 whether arising from criminal, civil, or other judgments in
10 state or federal court. The state, its agencies, and its
11 subdivisions, may assign claims under such terms as are
12 mutually acceptable to the Chief Financial Officer Comptroller
13 and the assignee and assignor. The assigned claim may be
14 enforced as a setoff to any claim against the state, its
15 agencies, or its subdivisions, by garnishment or in the same
16 manner as a judgment in a civil action. Claims against the
17 state, its agencies, and its subdivisions resulting from the
18 condemnation of property protected by the provisions of s. 4,
19 Art. X of the State Constitution are not subject to setoff
20 pursuant to this section.
21 Section 31. Section 17.05, Florida Statutes, is
22 amended to read:
23 17.05 Subpoenas; sworn statements; enforcement
24 proceedings.--
25 (1) The Chief Financial Officer Comptroller may demand
26 and require full answers on oath from any and every person,
27 party or privy to any account, claim, or demand against or by
28 the state, such as it may be the Chief Financial Officer's
29 Comptroller's official duty to examine into, and which answers
30 the Chief Financial Officer Comptroller may require to be in
31 writing and to be sworn to before the Chief Financial Officer
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1 Comptroller or the department or before any judicial officer
2 or clerk of any court of the state so as to enable the Chief
3 Financial Officer Comptroller to determine the justice or
4 legality of such account, claim, or demand.
5 (2) In exercising authority under this chapter, the
6 Chief Financial Officer Comptroller or his or her designee
7 may:
8 (a) Issue subpoenas, administer oaths, and examine
9 witnesses.
10 (b) Require or permit a person to file a statement in
11 writing, under oath or otherwise as the Chief Financial
12 Officer Comptroller or his or her designee requires, as to all
13 the facts and circumstances concerning the matter to be
14 audited, examined, or investigated.
15 (3) Subpoenas shall be issued by the Chief Financial
16 Officer Comptroller or his or her designee under seal
17 commanding such witnesses to appear before the Chief Financial
18 Officer Comptroller or the Chief Financial Officer's
19 Comptroller's representative or the department at a specified
20 time and place and to bring books, records, and documents as
21 specified or to submit books, records, and documents for
22 inspection. Such subpoenas may be served by an authorized
23 representative of the Chief Financial Officer Comptroller or
24 the department.
25 (4) In the event of noncompliance with a subpoena
26 issued pursuant to this section, the Chief Financial Officer
27 Comptroller or the department may petition the circuit court
28 of the county in which the person subpoenaed resides or has
29 his or her principal place of business for an order requiring
30 the subpoenaed person to appear and testify and to produce
31 books, records, and documents as specified in the subpoena.
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1 The court may grant legal, equitable, or injunctive relief,
2 including, but not limited to, issuance of a writ of ne exeat
3 or the restraint by injunction or appointment of a receiver of
4 any transfer, pledge, assignment, or other disposition of such
5 person's assets or any concealment, alteration, destruction,
6 or other disposition of subpoenaed books, records, or
7 documents, as the court deems appropriate, until such person
8 has fully complied with such subpoena and the Chief Financial
9 Officer Comptroller or the department has completed the audit,
10 examination, or investigation. The Chief Financial Officer
11 Comptroller or the department is entitled to the summary
12 procedure provided in s. 51.011, and the court shall advance
13 the cause on its calendar. Costs incurred by the Chief
14 Financial Officer Comptroller or the department to obtain an
15 order granting, in whole or in part, such petition for
16 enforcement of a subpoena shall be charged against the
17 subpoenaed person, and failure to comply with such order shall
18 be a contempt of court.
19 Section 32. Section 17.06, Florida Statutes, is
20 amended to read:
21 17.06 Disallowed items and accounts.--The Chief
22 Financial Officer Comptroller shall erase from any original
23 account all items disallowed by him or her; and when the Chief
24 Financial Officer Comptroller shall reject the whole of any
25 account he or she shall write across the face of it the word
26 "disallowed," and the date, and file the same in the Chief
27 Financial Officer's Comptroller's office or deliver it to the
28 claimant.
29 Section 33. Subsection (1) of section 17.075, Florida
30 Statutes, is amended to read:
31
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1 17.075 Form of state warrants and other payment
2 orders; rules.--
3 (1) The Chief Financial Officer may Department of
4 Banking and Finance is authorized to establish the form or
5 forms of state warrants which are to be drawn by it and of
6 other orders for payment or disbursement of moneys out of the
7 State Treasury and to change the form thereof from time to
8 time as the Chief Financial Officer department may consider
9 necessary or appropriate. Such orders for payment may be in
10 any form, but, regardless of form, each order shall be subject
11 to the accounting and recordkeeping requirements applicable to
12 state warrants.
13 Section 34. Paragraph (b) of subsection (1) and
14 subsections (3) and (7) of section 17.076, Florida Statutes,
15 are amended to read:
16 17.076 Direct deposit of funds.--
17 (1) As used in this section:
18 (b) "Department" means the Department of Financial
19 Services Banking and Finance.
20 (3) The department may contract with an authorized
21 financial institution for the services necessary to operate
22 the program. In order to implement the provisions of this
23 section, the Chief Financial Officer Comptroller is authorized
24 to deposit with that financial institution the funds payable
25 to the beneficiaries, in lump sum, by Chief Financial
26 Officer's Comptroller's warrant to make the authorized direct
27 deposits.
28 (7) To cover the department's actual costs for
29 processing the direct deposit of funds other than salary or
30 retirement benefits, the department may charge the beneficiary
31 of the direct deposit a reasonable fee. The department may
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1 collect the fee by direct receipt from the beneficiary or by
2 subtracting the amount of the fee from the funds due the
3 beneficiary. Such fees collected by the department shall be
4 deposited into the Department of Financial Services Banking
5 and Finance Administrative Trust Fund.
6 Section 35. Section 17.08, Florida Statutes, is
7 amended to read:
8 17.08 Accounts, etc., on which warrants drawn, to be
9 filed.--All accounts, vouchers, and evidence, upon which
10 warrants have heretofore been, or shall hereafter be, drawn
11 upon the treasury by the Chief Financial Officer Comptroller
12 shall be filed and deposited in the office of Chief Financial
13 Officer Comptroller or the office of the Chief Financial
14 Officer's Comptroller's designee, in accordance with
15 requirements established by the Secretary of State.
16 Section 36. Section 17.09, Florida Statutes, is
17 amended to read:
18 17.09 Application for warrants for salaries.--All
19 public officers who are entitled to salaries in this state,
20 shall make their application for warrants in writing, stating
21 for what terms and the amount they claim, which written
22 application shall be filed by the Chief Financial Officer
23 Comptroller as vouchers for the warrants issued thereupon.
24 Section 37. Section 17.10, Florida Statutes, is
25 amended to read:
26 17.10 Record of warrants and of state funds and
27 securities issued.--The Chief Financial Officer Comptroller
28 shall cause to be entered in the warrant register a record of
29 the warrants issued during the previous month, and shall make
30 such entry in the record so required to be kept as shall show
31 the number of each warrant issued, in whose favor drawn, and
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1 the date it was issued. He or she shall account for all state
2 funds and securities.
3 Section 38. Section 17.11, Florida Statutes, is
4 amended to read:
5 17.11 To report disbursements made.--
6 (1) The Chief Financial Officer Comptroller shall make
7 in all his or her future annual reports an exhibit stated from
8 the record of disbursements made during the fiscal year, and
9 the several heads of expenditures under which such
10 disbursements were made.
11 (2) The Chief Financial Officer Comptroller shall also
12 cause to have reported from the Florida Accounting Information
13 Resource Subsystem no less than quarterly the disbursements
14 which agencies made to small businesses, as defined in the
15 Florida Small and Minority Business Assistance Act of 1985; to
16 certified minority business enterprises in the aggregate; and
17 to certified minority business enterprises broken down into
18 categories of minority persons, as well as gender and
19 nationality subgroups. This information shall be made
20 available to the agencies, the Office of Supplier Diversity,
21 the Governor, the President of the Senate, and the Speaker of
22 the House of Representatives. Each agency shall be responsible
23 for the accuracy of information entered into the Florida
24 Accounting Information Resource Subsystem for use in this
25 reporting.
26 Section 39. Section 17.12, Florida Statutes, is
27 amended to read:
28 17.12 Authorized to issue warrants to tax collector or
29 sheriff for payment.--Whenever it shall appear to the
30 satisfaction of the Chief Financial Officer Comptroller of
31 this state from examination of the books of his or her office
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1 that the tax collector or the sheriff for any county in this
2 state has paid into the State Treasury, through mistake or
3 otherwise, a larger or greater sum than is actually due from
4 such said collector or sheriff, then the Chief Financial
5 Officer Comptroller may issue a warrant to such said collector
6 or sheriff for the sum so found to be overpaid.
7 Section 40. Section 17.13, Florida Statutes, is
8 amended to read:
9 17.13 To duplicate warrants lost or destroyed.--
10 (1) The Chief Financial Officer Comptroller is
11 required to duplicate any Chief Financial Officer's
12 Comptroller's warrants that may have been lost or destroyed,
13 or may hereafter be lost or destroyed, upon the owner thereof
14 or the owner's agent or attorney presenting the Chief
15 Financial Officer Comptroller the statement, under oath,
16 reciting the number, date, and amount of any warrant or the
17 best and most definite description in his or her knowledge and
18 the circumstances of its loss; if the Chief Financial Officer
19 Comptroller deems it necessary, the owner or the owner's agent
20 or attorney shall file in the office of the Chief Financial
21 Officer Comptroller a surety bond, or a bond with securities,
22 to be approved by one of the judges of the circuit court or
23 one of the justices of the Supreme Court, in a penalty of not
24 less than twice the amount of any warrants so duplicated,
25 conditioned to indemnify the state and any innocent holders
26 thereof from any damages that may accrue from such
27 duplication.
28 (2) The Chief Financial Officer Comptroller is
29 required to duplicate any Chief Financial Officer's
30 Comptroller's warrant that may have been lost or destroyed, or
31 may hereafter be lost or destroyed, when sent to any payee via
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1 any state agency when such warrant is lost or destroyed prior
2 to being received by the payee and provided the director of
3 the state agency to whom the warrant was sent presents to the
4 Chief Financial Officer Comptroller a statement, under oath,
5 reciting the number, date, and amount of the warrant lost or
6 destroyed, the circumstances surrounding the loss or
7 destruction of such warrant, and any additional information
8 that the Chief Financial Officer Comptroller shall request in
9 regard to such warrant.
10 (3) Any duplicate Chief Financial Officer's
11 Comptroller's warrant issued in pursuance of the above
12 provisions shall be of the same validity as the original was
13 before its loss.
14 Section 41. Section 17.14, Florida Statutes, is
15 amended to read:
16 17.14 To prescribe forms.--The Chief Financial Officer
17 Department of Banking and Finance may prescribe the forms of
18 all papers, vouchers, reports and returns and the manner of
19 keeping the accounts and papers to be used by the officers of
20 this state or other persons having accounts, claims, or
21 demands against the state or entrusted with the collection of
22 any of the revenue thereof or any demand due the same, which
23 form shall be pursued by such officer or other persons.
24 Section 42. Section 17.16, Florida Statutes, is
25 amended to read:
26 17.16 Seal.--The seal of office of the Chief Financial
27 Officer Comptroller of the state shall have a be the same as
28 the seal heretofore used for that purpose.
29 Section 43. Section 17.17, Florida Statutes, is
30 amended to read:
31
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1 17.17 Examination by Governor and report.--The office
2 of Chief Financial Officer Comptroller of the state, and the
3 books, files, documents, records, and papers shall always be
4 subject to the examination of the Governor of this state, or
5 any person the Governor may authorize to examine the same; and
6 on the first day of January of each and every year, or oftener
7 if called for by the Governor, the Chief Financial Officer
8 Comptroller shall make a full report of all his or her
9 official acts and proceedings for the last fiscal year to the
10 Governor, to be laid before the Legislature with the
11 Governor's message, and shall make such further report as the
12 constitution may require.
13 Section 44. Subsection (1) of section 17.20, Florida
14 Statutes, is amended to read:
15 17.20 Assignment of claims for collection.--
16 (1) The Department of Financial Services Banking and
17 Finance shall charge the state attorneys with the collection
18 of all claims that are placed in their hands for collection of
19 money or property for the state or any county or special
20 district, or that it otherwise requires them to collect. The
21 charges are evidence of indebtedness of a state attorney
22 against whom any charge is made for the full amount of the
23 claim, until the charges have been collected and paid into the
24 treasury of the state or of the county or special district or
25 the legal remedies of the state have been exhausted, or until
26 the state attorney demonstrates to the department that the
27 failure to collect the charges is not due to negligence and
28 the department has made a proper entry of satisfaction of the
29 charge against the state attorney.
30 Section 45. Section 17.21, Florida Statutes, is
31 amended to read:
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1 17.21 Not to allow any claim of state attorney against
2 state until report made.--The Chief Financial Officer
3 Comptroller shall not audit or allow any claim which any state
4 attorney may have against the state for services who shall
5 fail to make any report which by law the state attorney is
6 required to make to the Chief Financial Officer Comptroller of
7 claims of the state which it is his or her duty to collect.
8 Section 46. Section 17.22, Florida Statutes, is
9 amended to read:
10 17.22 Notice to Department of Legal Affairs.--Whenever
11 the Department of Financial Services Banking and Finance
12 forwards any bond or account or claim for suit to any state
13 attorney, it shall advise the Department of Legal Affairs of
14 the fact, giving it the amount of the claim and other
15 necessary particulars for its full information upon the
16 subject.
17 Section 47. Section 17.25, Florida Statutes, is
18 amended to read:
19 17.25 May certify copies.--The Chief Financial Officer
20 Comptroller of this state may certify, under his or her seal
21 of office, copies of any record, paper, or document, by law
22 placed in the Chief Financial Officer's Comptroller's custody,
23 keeping, and care; and such certified copy shall have the same
24 force and effect as evidence as the original would have.
25 Section 48. Subsections (1) and (3) of section 17.26,
26 Florida Statutes, are amended to read:
27 17.26 Cancellation of state warrants not presented
28 within 1 year.--
29 (1) If any state warrant issued by the Comptroller or
30 the Chief Financial Officer against any fund in the State
31 Treasury is not presented for payment within 1 year after the
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1 last day of the month in which it was originally issued, the
2 Chief Financial Officer Comptroller may cancel the warrant and
3 credit the amount of the warrant to the fund upon which it is
4 drawn. If the warrant so canceled was issued against a fund
5 that is no longer operative, the amount of the warrant shall
6 be credited to the General Revenue Fund. The Chief Financial
7 Officer Treasurer shall not honor any state warrant after it
8 has been canceled.
9 (3) When a warrant canceled under subsection (1)
10 represents funds that are in whole or in part derived from
11 federal contributions and disposition of the funds under
12 chapter 717 would cause a loss of the federal contributions,
13 the Governor shall certify to the Chief Financial Officer
14 Comptroller that funds represented by such warrants are for
15 that reason exempt from treatment as unclaimed property.
16 Obligations represented by warrants are unenforceable after 1
17 year from the last day of the month in which the warrant was
18 originally issued. An action may not be commenced thereafter
19 on the obligation unless authorized by the federal program
20 from which the original warrant was funded and unless payment
21 of the obligation is authorized to be made from the current
22 federal funding. When a payee or person entitled to a warrant
23 subject to this paragraph requests payment, and payment from
24 current federal funding is authorized by the federal program
25 from which the original warrant was funded, the Chief
26 Financial Officer Comptroller may, upon investigation, issue a
27 new warrant to be paid out of the proper fund in the State
28 Treasury, provided the payee or other person executes under
29 oath the statement required by s. 17.13 or surrenders the
30 canceled warrant.
31
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1 Section 49. Subsections (1), (2), and (3) of section
2 17.27, Florida Statutes, are amended to read:
3 17.27 Microfilming and destroying records and
4 correspondence.--
5 (1) The Department of Financial Services Banking and
6 Finance may destroy general correspondence files and also any
7 other records which the department may deem no longer
8 necessary to preserve in accordance with retention schedules
9 and destruction notices established under rules of the
10 Division of Library and Information Services, records and
11 information management program, of the Department of State.
12 Such schedules and notices relating to financial records of
13 the department shall be subject to the approval of the Auditor
14 General.
15 (2) The Department of Financial Services Banking and
16 Finance may photograph, microphotograph, or reproduce on film
17 such documents and records as it may select, in such manner
18 that each page will be exposed in exact conformity with the
19 original.
20 (3) The Department of Financial Services Banking and
21 Finance may destroy any of such said documents after they have
22 been photographed and filed in accordance with the provisions
23 of subsection (1).
24 Section 50. Section 17.28, Florida Statutes, is
25 amended to read:
26 17.28 Chief Financial Officer Comptroller may
27 authorize biweekly salary payments.--The Chief Financial
28 Officer Comptroller is authorized and may permit biweekly
29 salary payments to personnel upon written request by a
30 specific state agency. The Chief Financial Officer Comptroller
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1 shall adopt promulgate reasonable rules and regulations to
2 carry out the intent of this section.
3 Section 51. Section 17.29, Florida Statutes, is
4 amended to read:
5 17.29 Authority to prescribe rules.--The Chief
6 Financial Officer may Comptroller has authority to adopt rules
7 pursuant to ss. 120.54 and 120.536(1) to implement ss.
8 17.51-17.66 and duties assigned by statute or the State
9 Constitution. Such rules may include, but are not limited to,
10 the following:
11 (1) Procedures or policies relating to the processing
12 of payments from salaries, other personal services, or any
13 other applicable appropriation.
14 (2) Procedures for processing interagency and
15 intraagency payments which do not require the issuance of a
16 state warrant.
17 Section 52. Section 17.30, Florida Statutes, is
18 amended to read:
19 17.30 Dissemination of information.--The Chief
20 Financial Officer Comptroller may disseminate, in any form or
21 manner he or she considers appropriate, information regarding
22 the Chief Financial Officer's Comptroller's official duties.
23 Section 53. Section 17.32, Florida Statutes, is
24 amended to read:
25 17.32 Annual report of trust funds; duties of Chief
26 Financial Officer Comptroller.--
27 (1) On February 1 of each year, the Chief Financial
28 Officer Comptroller shall present to the President of the
29 Senate and the Speaker of the House of Representatives a
30 report listing all trust funds as defined in s. 215.32. The
31
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1 report shall contain the following data elements for each fund
2 for the preceding fiscal year:
3 (a) The fund code.
4 (b) The title.
5 (c) The fund type according to generally accepted
6 accounting principles.
7 (d) The statutory authority.
8 (e) The beginning cash balance.
9 (f) Direct revenues.
10 (g) Nonoperating revenues.
11 (h) Operating disbursements.
12 (i) Nonoperating disbursements.
13 (j) The ending cash balance.
14 (k) The department and budget entity in which the fund
15 is located.
16 (2) The report shall separately list all funds that
17 received no revenues other than interest earnings or transfers
18 from the General Revenue Fund or from other trust funds during
19 the preceding fiscal year.
20 (3) The report shall separately list all funds that
21 had unencumbered balances in excess of $2 million in each of
22 the 2 preceding fiscal years.
23 Section 54. Section 17.325, Florida Statutes, is
24 amended to read:
25 17.325 Governmental efficiency hotline; duties of
26 Chief Financial Officer Comptroller.--
27 (1) By September 1, 1992, The Chief Financial Officer
28 Comptroller shall establish and operate a statewide toll-free
29 telephone hotline to receive information or suggestions from
30 the citizens of this state on how to improve the operation of
31 government, increase governmental efficiency, and eliminate
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1 waste in government. The Chief Financial Officer Comptroller
2 shall report each month to the Appropriations Committee of the
3 House of Representatives and of the Senate the information or
4 suggestions received through the hotline and the evaluations
5 and determinations made by the affected agency, as provided in
6 subsection (3), with respect to such information or
7 suggestions.
8 (2) The Chief Financial Officer Comptroller shall
9 operate the hotline 24 hours a day. The Chief Financial
10 Officer Comptroller shall advertise the availability of the
11 hotline in newspapers of general circulation in this state and
12 shall provide for the posting of notices in conspicuous places
13 in state agency offices, city halls, county courthouses, and
14 places in which there is exposure to significant numbers of
15 the general public, including, but not limited to, local
16 convenience stores, shopping malls, shopping centers, gasoline
17 stations, or restaurants. The Chief Financial Officer
18 Comptroller shall use the slogan "Tell us where we can 'Get
19 Lean'" for the hotline and in advertisements for the hotline.
20 (3) Each telephone call on the hotline shall be
21 received by the office of the Chief Financial Officer
22 Comptroller, and the office of the Chief Financial Officer
23 Comptroller shall conduct an evaluation to determine if it is
24 appropriate for the telephone call to be processed as a "Get
25 Lean" telephone call. If it is determined that the telephone
26 call should be processed as a "Get Lean" telephone call, a
27 record of each suggestion or item of information received
28 shall be entered into a log kept by the Chief Financial
29 Officer Comptroller. A caller on the hotline may remain
30 anonymous, and, if the caller provides his or her name, the
31 name shall be confidential. If a caller discloses that he or
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1 she is a state employee, the Chief Financial Officer
2 Comptroller, in addition to maintaining a record as required
3 by this section, may refer any information or suggestion from
4 the caller to an existing state awards program administered by
5 the affected agency. The affected agency shall conduct a
6 preliminary evaluation of the efficacy of any suggestion or
7 item of information received through the hotline and shall
8 provide the Chief Financial Officer Comptroller with a
9 preliminary determination of the amount of revenues the state
10 might save by implementing the suggestion or making use of the
11 information.
12 (4) Any person who provides any information through
13 the hotline shall be immune from liability for any use of such
14 information and shall not be subject to any retaliation by any
15 employee of the state for providing such information or making
16 such suggestion.
17 (5) The Chief Financial Officer Comptroller shall
18 adopt any rule necessary to implement the establishment,
19 operation, and advertisement of the hotline.
20 Section 55. Section 17.41, Florida Statutes, is
21 amended to read:
22 17.41 Department of Financial Services Banking and
23 Finance Tobacco Settlement Clearing Trust Fund.--
24 (1) The Department of Financial Services Banking and
25 Finance Tobacco Settlement Clearing Trust Fund is created
26 within that department.
27 (2) Funds to be credited to the Tobacco Settlement
28 Clearing Trust Fund shall consist of payments received by the
29 state from settlement of State of Florida v. American Tobacco
30 Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received
31
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1 from the settlement and deposited into the trust fund are
2 exempt from the service charges imposed under s. 215.20.
3 (3)(a) Subject to approval of the Legislature, all or
4 any portion of the state's right, title, and interest in and
5 to the tobacco settlement agreement may be sold to the Tobacco
6 Settlement Financing Corporation created pursuant to s.
7 215.56005. Any such sale shall be a true sale and not a
8 borrowing.
9 (b) Any moneys received by the state pursuant to any
10 residual interest retained in the tobacco settlement agreement
11 or the payments to be made under the tobacco settlement
12 agreement shall be deposited into the Tobacco Settlement
13 Clearing Trust Fund.
14 (4) Net proceeds of the sale of the tobacco settlement
15 agreement received by the state shall be immediately deposited
16 into the Lawton Chiles Endowment Fund, created in s. 215.5601,
17 without deposit to the Tobacco Settlement Clearing Trust Fund.
18 (5) The department shall disburse funds, by
19 nonoperating transfer, from the Tobacco Settlement Clearing
20 Trust Fund to the tobacco settlement trust funds of the
21 various agencies in amounts equal to the annual appropriations
22 made from those agencies' trust funds in the General
23 Appropriations Act.
24 (6) Pursuant to the provisions of s. 19(f)(3), Art.
25 III of the State Constitution, the Tobacco Settlement Clearing
26 Trust Fund is exempt from the termination provisions of s.
27 19(f)(2), Art. III of the State Constitution.
28 Section 56. Section 17.43, Florida Statutes, is
29 amended to read:
30 17.43 Chief Financial Officer's Comptroller's Federal
31 Equitable Sharing Trust Fund.--
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1 (1) The Chief Financial Officer's Comptroller's
2 Federal Equitable Sharing Trust Fund is created within the
3 Department of Financial Services Banking and Finance. The
4 department may deposit into the trust fund receipts and
5 revenues received as a result of federal criminal,
6 administrative, or civil forfeiture proceedings and receipts
7 and revenues received from federal asset-sharing programs. The
8 trust fund is exempt from the service charges imposed by s.
9 215.20.
10 (2) Notwithstanding the provisions of s. 216.301 and
11 pursuant to s. 216.351, any balance in the trust fund at the
12 end of any fiscal year shall remain in the trust fund at the
13 end of the year and shall be available for carrying out the
14 purposes of the trust fund.
15 Section 57. Section 18.01, Florida Statutes, is
16 transferred, renumbered as section 17.51, Florida Statutes,
17 and amended to read:
18 17.51 18.01 Oath and certificate of Chief Financial
19 Officer Treasurer.--The Chief Financial Officer Treasurer
20 shall, within 10 days before he or she enters upon the duties
21 of office, take and subscribe an oath or affirmation
22 faithfully to discharge the duties of office, which oath or
23 affirmation must be deposited with the Department of State.
24 The Chief Financial Officer Treasurer shall also file with the
25 Department of State a certificate from the Comptroller
26 attesting that the retiring Treasurer or Chief Financial
27 Officer has turned over vouchers for all payments made as
28 required by law, and that the Chief Financial Officer's
29 Treasurer's account has been truly credited with the same, and
30 that he or she has filed receipts from his or her successor
31 for all vouchers paid since the end of last quarter, and for
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1 balance of cash, and for all bonds and other securities held
2 by the Treasurer or Chief Financial Officer as such, and a
3 certificate from each board of which he or she is made by law
4 ex officio treasurer, that he or she has satisfactorily
5 accounted to such board as its treasurer.
6 Section 58. Section 18.02, Florida Statutes, is
7 transferred, renumbered as section 17.52, Florida Statutes,
8 and amended to read:
9 17.52 18.02 Moneys paid on warrants.--The Chief
10 Financial Officer Treasurer shall pay all warrants on the
11 treasury drawn by the Comptroller and other orders by the
12 Comptroller for the disbursement of state funds by electronic
13 means or by means of a magnetic tape or any other transfer
14 medium which were drawn or otherwise issued before January 7,
15 2003. No moneys shall be paid out of the treasury except on
16 such warrants or other orders of the Comptroller or Chief
17 Financial Officer.
18 Section 59. Section 18.021, Florida Statutes, is
19 transferred, renumbered as section 17.53, Florida Statutes,
20 and amended to read:
21 17.53 18.021 Chief Financial Officer Treasurer to
22 operate personal check-cashing service.--
23 (1) The Chief Financial Officer Treasurer is
24 authorized to operate a personal check-cashing service or a
25 remote financial service unit at the capitol for the benefit
26 of state employees or other responsible persons who properly
27 identify themselves.
28 (2) If a personal check is dishonored or a state
29 warrant is forged and the Chief Financial Officer Treasurer
30 has made diligent but unsuccessful effort to collect and has
31 forwarded the returned check for prosecution by the
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1 appropriate state attorney, then he or she may include such
2 amount in his or her budget request to be considered during
3 the next legislative session.
4 Section 60. Section 18.05, Florida Statutes, is
5 transferred, renumbered as section 17.54, Florida Statutes,
6 and amended to read:
7 17.54 18.05 Annual report to Governor.--The Chief
8 Financial Officer Treasurer shall make a report in detail to
9 the Governor, with a copy to the President of the Senate and
10 the Speaker of the House of Representatives as soon after the
11 1st day of July of each year as it is practicable to prepare
12 same of the transactions of his or her office for the
13 preceding fiscal year, embracing a statement of the receipts
14 and payments on account of each of the several funds of which
15 he or she has the care and custody.
16 Section 61. Section 18.06, Florida Statutes, is
17 transferred, renumbered as section 17.55, Florida Statutes,
18 and amended to read:
19 17.55 18.06 Examination by and monthly statements to
20 the Governor.--The office of the Chief Financial Officer
21 Treasurer of this state, and the books, files, documents,
22 records, and papers thereof, shall always be subject to the
23 examination of the Governor of the state, or any person he or
24 she may authorize to examine same. The Chief Financial Officer
25 Treasurer shall exhibit to the Governor monthly a trial
26 balance sheet from his or her books and a statement of all the
27 credits, moneys, or effects on hand on the day for which such
28 said trial balance sheet is made, and such said statement
29 accompanying such said trial balance sheet shall particularly
30 describe the exact character of funds, credits, and
31 securities, and shall state in detail the amount which he or
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1 she may have representing cash, including any not yet entered
2 upon the books of his or her office, and such statement shall
3 be certified and signed by the Chief Financial Officer
4 Treasurer officially.
5 Section 62. Section 18.10, Florida Statutes, is
6 transferred, renumbered as section 17.57, Florida Statutes,
7 and amended to read:
8 17.57 18.10 Deposits and investments of state money.--
9 (1) The Chief Financial Officer Treasurer, or other
10 parties with the permission of the Chief Financial Officer
11 Treasurer, shall deposit the money of the state or any money
12 in the State Treasury in such qualified public depositories of
13 the state as will offer satisfactory collateral security for
14 such deposits, pursuant to chapter 280. It is the duty of the
15 Chief Financial Officer Treasurer, consistent with the cash
16 requirements of the state, to keep such money fully invested
17 or deposited as provided herein in order that the state may
18 realize maximum earnings and benefits.
19 (2) The Chief Financial Officer Treasurer shall make
20 funds available to meet the disbursement needs of the state.
21 Funds that which are not needed for this purpose shall be
22 placed in qualified public depositories that will pay rates
23 established by the Chief Financial Officer Treasurer at levels
24 not less than the prevailing rate for United States Treasury
25 securities with a corresponding maturity. In the event money
26 is available for interest-bearing time deposits or savings
27 accounts as provided herein and qualified public depositories
28 are unwilling to accept such money and pay thereon the rates
29 established above, then such money which qualified public
30 depositories are unwilling to accept shall be invested in:
31 (a) Direct United States Treasury obligations.
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1 (b) Obligations of the Federal Farm Credit Banks.
2 (c) Obligations of the Federal Home Loan Bank and its
3 district banks.
4 (d) Obligations of the Federal Home Loan Mortgage
5 Corporation, including participation certificates.
6 (e) Obligations guaranteed by the Government National
7 Mortgage Association.
8 (f) Obligations of the Federal National Mortgage
9 Association.
10 (g) Commercial paper of prime quality of the highest
11 letter and numerical rating as provided for by at least one
12 nationally recognized rating service.
13 (h) Time drafts or bills of exchange drawn on and
14 accepted by a commercial bank, otherwise known as "bankers
15 acceptances," which are accepted by a member bank of the
16 Federal Reserve System having total deposits of not less than
17 $400 million or which are accepted by a commercial bank which
18 is not a member of the Federal Reserve System with deposits of
19 not less than $400 million and which is licensed by a state
20 government or the Federal Government, and whose senior debt
21 issues are rated in one of the two highest rating categories
22 by a nationally recognized rating service and which are held
23 in custody by a domestic bank which is a member of the Federal
24 Reserve System.
25 (i) Corporate obligations or corporate master notes of
26 any corporation within the United States, if the long-term
27 obligations of such corporation are rated by at least two
28 nationally recognized rating services in any one of the four
29 highest classifications. However, if such obligations are
30 rated by only one nationally recognized rating service, then
31
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1 the obligations shall be rated in any one of the two highest
2 classifications.
3 (j) Obligations of the Student Loan Marketing
4 Association.
5 (k) Obligations of the Resolution Funding Corporation.
6 (l) Asset-backed or mortgage-backed securities of the
7 highest credit quality.
8 (m) Any obligations not previously listed which are
9 guaranteed as to principal and interest by the full faith and
10 credit of the United States Government or are obligations of
11 United States agencies or instrumentalities which are rated in
12 the highest category by a nationally recognized rating
13 service.
14 (n) Commingled no-load investment funds or no-load
15 mutual funds in which all securities held by the funds are
16 authorized in this subsection.
17 (o) Money market mutual funds as defined and regulated
18 by the Securities and Exchange Commission.
19 (p) Obligations of state and local governments rated
20 in any of the four highest classifications by at least two
21 nationally recognized rating services. However, if such
22 obligations are rated by only one nationally recognized rating
23 service, then the obligations shall be rated in any one of the
24 two highest classifications.
25 (q) Derivatives of investment instruments authorized
26 in paragraphs (a)-(m).
27 (r) Covered put and call options on investment
28 instruments authorized in this subsection for the purpose of
29 hedging transactions by investment managers to mitigate risk
30 or to facilitate portfolio management.
31
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1 (s) Negotiable certificates of deposit issued by
2 financial institutions whose long-term debt is rated in one of
3 the three highest categories by at least two nationally
4 recognized rating services, the investment in which shall not
5 be prohibited by any provision of chapter 280.
6 (t) Foreign bonds denominated in United States dollars
7 and registered with the Securities and Exchange Commission for
8 sale in the United States, if the long-term obligations of
9 such issuers are rated by at least two nationally recognized
10 rating services in any one of the four highest
11 classifications. However, if such obligations are rated by
12 only one nationally recognized rating service, the obligations
13 shall be rated in any one of the two highest classifications.
14 (u) Convertible debt obligations of any corporation
15 domiciled within the United States, if the convertible debt
16 issue is rated by at least two nationally recognized rating
17 services in any one of the four highest classifications.
18 However, if such obligations are rated by only one nationally
19 recognized rating service, then the obligations shall be rated
20 in any one of the two highest classifications.
21 (v) Securities not otherwise described in this
22 subsection. However, not more than 3 percent of the funds
23 under the control of the Chief Financial Officer Treasurer
24 shall be invested in securities described in this paragraph.
25
26 These investments may be in varying maturities and may be in
27 book-entry form. Investments made pursuant to this subsection
28 may be under repurchase agreement. The Chief Financial Officer
29 may Treasurer is authorized to hire registered investment
30 advisers and other consultants to assist in investment
31 management and to pay fees directly from investment earnings.
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1 Investment securities, proprietary investment services related
2 to contracts, performance evaluation services,
3 investment-related equipment or software used directly to
4 assist investment trading or investment accounting operations
5 including bond calculators, telerates, Bloombergs, special
6 program calculators, intercom systems, and software used in
7 accounting, communications, and trading, and advisory and
8 consulting contracts made under this section are exempt from
9 the provisions of chapter 287.
10 (3) In the event the financial institutions in the
11 state do not make sufficient loan funds available for a
12 residential conservation program pursuant to any plan approved
13 by the Florida Public Service Commission under the Florida
14 Energy Efficiency and Conservation Act, the board may
15 authorize the investment of state funds, except retirement
16 trust funds, in such a loan program at rates not less than
17 prevailing United States Treasury bill rates. However, prior
18 to investment of such funds, the Florida Public Service
19 Commission shall develop a plan which must be approved by the
20 Legislature before implementation.
21 (4) All earnings on any investments made pursuant to
22 this section shall be credited to the General Revenue Fund,
23 except that earnings attributable to moneys made available
24 pursuant to s. 17.61(3) s. 18.125(3) shall be credited pro
25 rata to the funds from which such moneys were made available.
26 (5) The fact that a municipal officer or a state
27 officer, including an officer of any municipal or state
28 agency, board, bureau, commission, institution, or department,
29 is a stockholder or an officer or director of a bank or
30 savings and loan association will not bar such bank or savings
31 and loan association from being a depository of funds coming
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1 under the jurisdiction of any such municipal officer or state
2 officer if it shall appear in the records of the municipal or
3 state office that the governing body of such municipality or
4 state agency has investigated and determined that such
5 municipal or state officer is not favoring such banks or
6 savings and loan associations over other qualified banks or
7 savings and loan associations.
8 (6) The Chief Financial Officer Treasurer is
9 designated the cash management officer for the state and is
10 charged with the coordination and supervision of procedures
11 providing for the efficient handling of financial assets under
12 the control of the State Treasury and each of the various
13 state agencies, and of the judicial branch, as defined in s.
14 216.011. This responsibility shall include the supervision and
15 approval of all banking relationships. Pursuant to this
16 responsibility, the Chief Financial Officer may Treasurer is
17 authorized to obtain information from financial institutions
18 regarding depository accounts maintained by any agency or
19 institution of the State of Florida.
20 Section 63. Section 18.101, Florida Statutes, is
21 transferred, renumbered as section 17.58, Florida Statutes,
22 and amended to read:
23 17.58 18.101 Deposits of public money outside the
24 State Treasury; revolving funds.--
25 (1) All moneys collected by state agencies, boards,
26 bureaus, commissions, institutions, and departments shall,
27 except as otherwise provided by law, be deposited in the State
28 Treasury. However, when the volume and complexity of
29 collections so justify, the Chief Financial Officer Treasurer
30 may give written approval for such moneys to be deposited in
31 clearing accounts outside the State Treasury in qualified
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1 public depositories pursuant to chapter 280. Such deposits
2 shall only be made in depositories designated by the Chief
3 Financial Officer Treasurer. No money may be maintained in
4 such clearing accounts for a period longer than approved by
5 the Chief Financial Officer Treasurer or 40 days, whichever is
6 shorter, prior to its being transmitted to the Chief Financial
7 Officer Treasurer or to an account designated by him or her,
8 distributed to a statutorily authorized account outside the
9 State Treasury, refunded, or transmitted to the Department of
10 Revenue. All depositories so designated shall pledge
11 sufficient collateral to be security for such funds as
12 provided in chapter 280.
13 (2) Revolving funds authorized by the Chief Financial
14 Officer Comptroller for all state agencies, boards, bureaus,
15 commissions, institutions, and departments may be deposited by
16 such agencies, boards, bureaus, commissions, institutions, and
17 departments in qualified public depositories designated by the
18 Chief Financial Officer Treasurer for such revolving fund
19 deposits; and the depositories in which such deposits are made
20 shall pledge collateral security as provided in chapter 280.
21 (3) Notwithstanding the foregoing provisions, clearing
22 and revolving accounts may be established outside the state
23 when necessary to facilitate the authorized operations of any
24 agency, board, bureau, commission, institution, or department.
25 Any of such accounts established in the United States shall be
26 subject to the collateral security requirements of chapter
27 280. Accounts established outside the United States may be
28 exempted from the requirements of chapter 280 as provided in
29 chapter 280; but before any unsecured account is established,
30 the agency requesting or maintaining the account shall
31 recommend a financial institution to the Chief Financial
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1 Officer Treasurer for designation to hold the account and
2 shall submit evidence of the financial condition, size,
3 reputation, and relative prominence of the institution from
4 which the Chief Financial Officer Treasurer can reasonably
5 conclude that the institution is financially sound before
6 designating it to hold the account.
7 (4) Each department shall furnish a statement to the
8 Chief Financial Officer Treasurer, on or before the 20th of
9 the month following the end of each calendar quarter, listing
10 each clearing account and revolving fund within that
11 department's jurisdiction. Such statement shall report, as of
12 the last day of the calendar quarter, the cash balance in each
13 revolving fund and that portion of the cash balance in each
14 clearing account that will eventually be deposited to the
15 State Treasury as provided by law. The Chief Financial Officer
16 Treasurer shall show the sum total of state funds in clearing
17 accounts and revolving funds, as most recently reported to the
18 Chief Financial Officer Treasurer by various departments, in
19 his or her monthly statement to the Governor, pursuant to s.
20 17.55 s. 18.06.
21 Section 64. Section 18.103, Florida Statutes, is
22 transferred, renumbered as section 17.59, Florida Statutes,
23 and amended to read:
24 17.59 18.103 Safekeeping services of Treasurer.--
25 (1) The Chief Financial Officer Treasurer may accept
26 for safekeeping purposes, deposits of cash, securities, and
27 other documents or articles of value from any state agency as
28 defined in s. 216.011, or any county, city, or political
29 subdivision thereof, or other public authority.
30 (2) The Chief Financial Officer Treasurer may, in his
31 or her discretion, establish a fee for processing, servicing,
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1 and safekeeping deposits and other documents or articles of
2 value held in the Chief Financial Officer's Treasurer's vaults
3 as requested by the various entities or as provided for by
4 law. Such fee shall be equivalent to the fee charged by
5 financial institutions for processing, servicing, and
6 safekeeping the same types of deposits and other documents or
7 articles of value.
8 (3) The Chief Financial Officer Treasurer shall
9 collect in advance, and persons so served shall pay to the
10 Chief Financial Officer Treasurer in advance, the
11 miscellaneous charges as follows:
12 (a) For copies of documents or records on file with
13 the Chief Financial Officer Treasurer, per page..........$.50.
14 (b) For each certificate of the Chief Financial
15 Officer Treasurer, certified or under the Chief Financial
16 Officer's Treasurer's seal, authenticating any document or
17 other instrument........................................$5.00.
18 (4) All fees collected for the services described in
19 this section shall be deposited in the Chief Financial
20 Officer's Treasurer's Administrative and Investment Trust
21 Fund.
22 Section 65. Section 18.104, Florida Statutes, is
23 transferred, renumbered as section 17.60, Florida Statutes,
24 and amended to read:
25 17.60 18.104 Treasury Cash Deposit Trust Fund.--
26 (1) There is hereby created in the State Treasury the
27 Treasury Cash Deposit Trust Fund. Cash deposits made pursuant
28 to s. 17.59 s. 18.103 shall be deposited into this fund.
29 (2) Interest earned on cash deposited into this fund
30 shall be prorated and paid to the depositing entities.
31
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1 Section 66. Section 18.125, Florida Statutes, is
2 transferred, renumbered as section 17.61, Florida Statutes,
3 and amended to read:
4 17.61 18.125 Chief Financial Officer Treasurer; powers
5 and duties in the investment of certain funds.--
6 (1) The Chief Financial Officer Treasurer, acting with
7 the approval of a majority of the State Board of
8 Administration, shall invest all general revenue funds and all
9 the trust funds and all agency funds of each state agency, and
10 of the judicial branch, as defined in s. 216.011, and may,
11 upon request, invest funds of any statutorily created board,
12 association, or entity, except for the funds required to be
13 invested pursuant to ss. 215.44-215.53, by the procedure and
14 in the authorized securities prescribed in s. 17.57 s. 18.10;
15 for this purpose, the Chief Financial Officer may Treasurer
16 shall be authorized to open and maintain one or more demand
17 and safekeeping accounts in any bank or savings association
18 for the investment and reinvestment and the purchase, sale,
19 and exchange of funds and securities in the accounts. Funds
20 in such accounts used solely for investments and reinvestments
21 shall be considered investment funds and not funds on deposit,
22 and such funds shall be exempt from the provisions of chapter
23 280. In addition, the securities or investments purchased or
24 held under the provisions of this section and s. 17.57 s.
25 18.10 may be loaned to securities dealers and banks and may be
26 registered by the Chief Financial Officer Treasurer in the
27 name of a third-party nominee in order to facilitate such
28 loans, provided the loan is collateralized by cash or United
29 States government securities having a market value of at least
30 100 percent of the market value of the securities loaned. The
31 Chief Financial Officer Treasurer shall keep a separate
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1 account, designated by name and number, of each fund.
2 Individual transactions and totals of all investments, or the
3 share belonging to each fund, shall be recorded in the
4 accounts.
5 (2) By and with the consent and approval of any
6 constitutional board, the judicial branch, or agency now
7 having the constitutional power to make investments and in
8 accordance with this section, the Chief Financial Officer may
9 Treasurer shall have the power to make purchases, sales,
10 exchanges, investments, and reinvestments for and on behalf of
11 any such board.
12 (3)(a) It is the duty of each state agency, and of the
13 judicial branch, now or hereafter charged with the
14 administration of the funds referred to in subsection (1) to
15 make such moneys available for investment as fully as is
16 consistent with the cash requirements of the particular fund
17 and to authorize investment of such moneys by the Chief
18 Financial Officer Treasurer.
19 (b) Monthly, and more often as circumstances require,
20 such agency or judicial branch shall notify the Chief
21 Financial Officer Treasurer of the amount available for
22 investment; and the moneys shall be invested by the Chief
23 Financial Officer Treasurer. Such notification shall include
24 the name and number of the fund for which the investments are
25 to be made and the life of the investment if the principal sum
26 is to be required for meeting obligations. This subsection,
27 however, shall not be construed to make available for
28 investment any funds other than those referred to in
29 subsection (1).
30
31
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1 (4)(a) There is hereby created in the State Treasury
2 the Chief Financial Officer's Treasurer's Administrative and
3 Investment Trust Fund.
4 (b) The Chief Financial Officer Treasurer shall make
5 an annual assessment of 0.12 percent against the average daily
6 balance of those moneys made available pursuant to this
7 section and 0.2 percent against the average daily balance of
8 those funds requiring investment in a separate account. The
9 proceeds of this assessment shall be deposited in the Chief
10 Financial Officer's Treasurer's Administrative and Investment
11 Trust Fund.
12 (c) The moneys so received and deposited in the fund
13 shall be used by the Chief Financial Officer Treasurer to
14 defray the expense of his or her office in the discharge of
15 the administrative and investment powers and duties prescribed
16 by this section and this chapter, including the maintaining of
17 an office and necessary supplies therefor, essential equipment
18 and other materials, salaries and expenses of required
19 personnel, and all other legitimate expenses relating to the
20 administrative and investment powers and duties imposed upon
21 and charged to the Chief Financial Officer Treasurer under
22 this section and this chapter. The unencumbered balance in the
23 trust fund at the close of each quarter shall not exceed
24 $750,000. Any funds in excess of this amount shall be
25 transferred unallocated to the General Revenue Fund. However,
26 fees received from deferred compensation participants pursuant
27 to s. 112.215 shall not be transferred to the General Revenue
28 Fund and shall be used to operate the deferred compensation
29 program.
30 (5) The transfer of the powers, duties, and
31 responsibilities of existing state agencies and of the
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1 judicial branch made by this section to the Chief Financial
2 Officer Treasurer shall include only the particular powers,
3 duties, and responsibilities hereby transferred, and all other
4 existing powers shall in no way be affected by this section.
5 Section 67. Section 18.15, Florida Statutes, is
6 transferred, renumbered as section 17.62, Florida Statutes,
7 and amended to read:
8 17.62 18.15 Interest on state moneys deposited; when
9 paid.--Interest on state moneys deposited in qualified public
10 depositories under s. 17.57 s. 18.10 shall be payable to the
11 Chief Financial Officer Treasurer quarterly or semiannually.
12 Section 68. Section 18.17, Florida Statutes, is
13 transferred, renumbered as section 17.63, Florida Statutes,
14 and amended to read:
15 17.63 18.17 Chief Financial Officer Treasurer not to
16 issue evidences of indebtedness.--It is not lawful for the
17 Chief Financial Officer Treasurer of this state to issue any
18 treasury certificates, or any other evidences of indebtedness,
19 for any purpose whatever, and the Chief Financial Officer
20 Treasurer is prohibited from issuing the same.
21 Section 69. Section 18.20, Florida Statutes, is
22 transferred, renumbered as section 17.64, Florida Statutes,
23 and amended to read:
24 17.64 18.20 Chief Financial Officer Treasurer to make
25 reproductions of certain warrants, records, and documents.--
26 (1) All vouchers or checks heretofore or hereafter
27 drawn by appropriate court officials of the several counties
28 of the state against money deposited with the Treasurer under
29 the provisions of s. 43.17, and paid by the Treasurer, may be
30 photographed, microphotographed, or reproduced on film by the
31 Treasurer. Such photographic film shall be durable material
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1 and the device used to so reproduce such warrants, vouchers,
2 or checks shall be one which accurately reproduces the
3 originals thereof in all detail; and such photographs,
4 microphotographs, or reproductions on film shall be placed in
5 conveniently accessible and identified files and shall be
6 preserved by the Treasurer as a part of the permanent records
7 of office. When any such warrants, vouchers, or checks have
8 been so photographed, microphotographed, or reproduced on
9 film, and the photographs, microphotographs, or reproductions
10 on film thereof have been placed in files as a part of the
11 permanent records of the office of the Treasurer as aforesaid,
12 the Treasurer is authorized to return such warrants, vouchers,
13 or checks to the offices of the respective county officials
14 who drew the same and such warrants, vouchers, or checks shall
15 be retained and preserved in such offices to which returned as
16 a part of the permanent records of such offices.
17 (1)(2) Such photographs, microphotographs, or
18 reproductions on film of such said warrants, vouchers, or
19 checks shall be deemed to be original records for all
20 purposes; and any copy or reproduction thereof made from such
21 original film, duly certified by the Chief Financial Officer
22 Treasurer as a true and correct copy or reproduction made from
23 such film, shall be deemed to be a transcript, exemplification
24 or certified copy of the original warrant, voucher, or check
25 such copy represents, and shall in all cases and in all courts
26 and places be admitted and received in evidence with the like
27 force and effect as the original thereof might be.
28 (2)(3) The Chief Financial Officer Treasurer is also
29 hereby authorized to photograph, microphotograph, or reproduce
30 on film, all records and documents of such said office, as the
31 Chief Financial Officer Treasurer may, in his or her
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1 discretion, selects select; and the Chief Financial Officer
2 said Treasurer is hereby authorized to destroy any such of the
3 said documents or records after they have been photographed
4 and filed and after audit of the Chief Financial Officer's
5 Treasurer's office has been completed for the period embracing
6 the dates of such said documents and records.
7 (3)(4) Photographs or microphotographs in the form of
8 film or prints of any records made in compliance with the
9 provisions of this section shall have the same force and
10 effect as the originals thereof would have, and shall be
11 treated as originals for the purpose of their admissibility in
12 evidence. Duly certified or authenticated reproductions of
13 such photographs or microphotographs shall be admitted in
14 evidence equally with the original photographs or
15 microphotographs.
16 Section 70. Section 18.23, Florida Statutes, is
17 transferred, renumbered as section 17.65, Florida Statutes,
18 and amended to read:
19 17.65 18.23 Chief Financial Officer Treasurer to
20 prescribe forms.--The Chief Financial Officer Treasurer may
21 prescribe the forms, and the manner of keeping the same, for
22 all receipts, credit advices, abstracts, reports, and other
23 papers furnished the Chief Financial Officer Treasurer by the
24 officers of this state or other persons or entities as a
25 result of their having, or depositing, state moneys.
26 Section 71. Section 18.24, Florida Statutes, is
27 transferred, renumbered as section 17.66, Florida Statutes,
28 and amended to read:
29 17.66 18.24 Securities in book-entry form.--Any
30 security which:
31
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1 (1)(a) Is eligible to be held in book-entry form on
2 the books of the Federal Reserve Book-Entry System; or
3 (b) Is eligible for deposit in a depository trust
4 clearing system established to hold and transfer securities by
5 computerized book-entry systems; and which
6 (2)(a) Is held in the name of the Chief Financial
7 Officer, in the name of the State Treasurer, or in the name of
8 the State Insurance Commissioner; or
9 (b) Is pledged to the Chief Financial Officer, to the
10 State Treasurer, or to the State Insurance Commissioner;
11
12 under any state law for any purpose whatsoever, may be held in
13 book-entry form on the books of the Federal Reserve Book-Entry
14 System or on deposit in a depository trust clearing system.
15 Section 72. Subsection (3) of section 20.04, Florida
16 Statutes, is amended to read:
17 20.04 Structure of executive branch.--The executive
18 branch of state government is structured as follows:
19 (3) For their internal structure, all departments,
20 except for the Department of Financial Services Banking and
21 Finance, the Department of Children and Family Services, the
22 Department of Corrections, the Department of Management
23 Services, the Department of Revenue, and the Department of
24 Transportation, must adhere to the following 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 73. Paragraph (h) of subsection (5) of section
5 20.055, Florida Statutes, is amended to read:
6 20.055 Agency inspectors general.--
7 (5) In carrying out the auditing duties and
8 responsibilities of this act, each inspector general shall
9 review and evaluate internal controls necessary to ensure the
10 fiscal accountability of the state agency. The inspector
11 general shall conduct financial, compliance, electronic data
12 processing, and performance audits of the agency and prepare
13 audit reports of his or her findings. The scope and assignment
14 of the audits shall be determined by the inspector general;
15 however, the agency head may at any time direct the inspector
16 general to perform an audit of a special program, function, or
17 organizational unit. The performance of the audit shall be
18 under the direction of the inspector general, except that if
19 the inspector general does not possess the qualifications
20 specified in subsection (4), the director of auditing shall
21 perform the functions listed in this subsection.
22 (h) The inspector general shall develop long-term and
23 annual audit plans based on the findings of periodic risk
24 assessments. The plan, where appropriate, should include
25 postaudit samplings of payments and accounts. The plan shall
26 show the individual audits to be conducted during each year
27 and related resources to be devoted to the respective audits.
28 The Chief Financial Officer Comptroller, to assist in
29 fulfilling the responsibilities for examining, auditing, and
30 settling accounts, claims, and demands pursuant to s.
31 17.03(1), and examining, auditing, adjusting, and settling
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1 accounts pursuant to s. 17.04, may utilize audits performed by
2 the inspectors general and internal auditors. For state
3 agencies under the Governor, the audit plans shall be
4 submitted to the Governor's Chief Inspector General. The plan
5 shall be submitted to the agency head for approval. A copy of
6 the approved plan shall be submitted to the Auditor General.
7 Section 74. Section 20.195, Florida Statutes, is
8 amended to read:
9 20.195 Department of Children and Family Services
10 Tobacco Settlement Trust Fund.--
11 (1) The Department of Children and Family Services
12 Tobacco Settlement Trust Fund is created within that
13 department. Funds to be credited to the trust fund shall
14 consist of funds disbursed, by nonoperating transfer, from the
15 Department of Financial Services Banking and Finance Tobacco
16 Settlement Clearing Trust Fund in amounts equal to the annual
17 appropriations made from this trust fund.
18 (2) Notwithstanding the provisions of s. 216.301 and
19 pursuant to s. 216.351, any unencumbered balance in the trust
20 fund at the end of any fiscal year and any encumbered balance
21 remaining undisbursed on December 31 of the same calendar year
22 shall revert to the Department of Financial Services Banking
23 and Finance Tobacco Settlement Clearing Trust Fund.
24 Section 75. Section 20.425, Florida Statutes, is
25 amended to read:
26 20.425 Agency for Health Care Administration Tobacco
27 Settlement Trust Fund.--
28 (1) The Agency for Health Care Administration Tobacco
29 Settlement Trust Fund is created within the agency. Funds to
30 be credited to the trust fund shall consist of funds
31 disbursed, by nonoperating transfer, from the Department of
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1 Financial Services Banking and Finance Tobacco Settlement
2 Clearing Trust Fund in amounts equal to the annual
3 appropriations made from this trust fund.
4 (2) Notwithstanding the provisions of s. 216.301 and
5 pursuant to s. 216.351, any unencumbered balance in the trust
6 fund at the end of any fiscal year and any encumbered balance
7 remaining undisbursed on December 31 of the same calendar year
8 shall revert to the Department of Financial Services Banking
9 and Finance Tobacco Settlement Clearing Trust Fund.
10 Section 76. Paragraph (g) of subsection (1) of section
11 20.435, Florida Statutes, is amended to read:
12 20.435 Department of Health; trust funds.--
13 (1) The following trust funds are hereby created, to
14 be administered by the Department of Health:
15 (g) Department of Health Tobacco Settlement Trust
16 Fund.
17 1. Funds to be credited to the trust fund shall
18 consist of funds disbursed, by nonoperating transfer, from the
19 Department of Financial Services Banking and Finance Tobacco
20 Settlement Clearing Trust Fund in amounts equal to the annual
21 appropriations made from this trust fund.
22 2. Notwithstanding the provisions of s. 216.301 and
23 pursuant to s. 216.351, any unencumbered balance in the trust
24 fund at the end of any fiscal year and any encumbered balance
25 remaining undisbursed on December 31 of the same calendar year
26 shall revert to the Department of Financial Services Banking
27 and Finance Tobacco Settlement Clearing Trust Fund.
28 Section 77. Subsection (4) of section 24.105, Florida
29 Statutes, is amended to read:
30 24.105 Powers and duties of department.--The
31 department shall:
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1 (4) Submit monthly and annual reports to the Governor,
2 the Chief Financial Officer Treasurer, the President of the
3 Senate, and the Speaker of the House of Representatives
4 disclosing the total lottery revenues, prize disbursements,
5 and other expenses of the department during the preceding
6 month. The annual report shall additionally describe the
7 organizational structure of the department, including its
8 hierarchical structure, and shall identify the divisions and
9 bureaus created by the secretary and summarize the
10 departmental functions performed by each.
11 Section 78. Subsection (5) of section 24.111, Florida
12 Statutes, is amended to read:
13 24.111 Vendors; disclosure and contract
14 requirements.--
15 (5) Each vendor in a major procurement in excess of
16 $25,000, and any other vendor if the department deems it
17 necessary to protect the state's financial interest, shall, at
18 the time of executing the contract with the department, post
19 an appropriate bond with the department in an amount
20 determined by the department to be adequate to protect the
21 state's interests, but not higher than the full amount
22 estimated to be paid annually to the vendor under the
23 contract. In lieu of the bond, a vendor may, to assure the
24 faithful performance of its obligations, file with the
25 department an irrevocable letter of credit acceptable to the
26 department in an amount determined by the department to be
27 adequate to protect the state's interests or deposit and
28 maintain with the Chief Financial Officer Treasurer securities
29 that are interest bearing or accruing and that, with the
30 exception of those specified in paragraphs (a) and (b), are
31 rated in one of the four highest classifications by an
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1 established nationally recognized investment rating service.
2 Securities eligible under this subsection shall be limited to:
3 (a) Certificates of deposit issued by solvent banks or
4 savings associations organized and existing under the laws of
5 this state or under the laws of the United States and having
6 their principal place of business in this state.
7 (b) United States bonds, notes, and bills for which
8 the full faith and credit of the government of the United
9 States is pledged for the payment of principal and interest.
10 (c) General obligation bonds and notes of any
11 political subdivision of the state.
12 (d) Corporate bonds of any corporation that is not an
13 affiliate or subsidiary of the depositor.
14
15 Such securities shall be held in trust and shall have at all
16 times a market value at least equal to an amount determined by
17 the department to be adequate to protect the state's
18 interests, which amount shall not be set higher than the full
19 amount estimated to be paid annually to the vendor under
20 contract.
21 Section 79. Paragraph (b) of subsection (9) of section
22 24.112, Florida Statutes, is amended to read:
23 24.112 Retailers of lottery tickets.--
24 (9)
25 (b) In lieu of such bond, the department may purchase
26 blanket bonds covering all or selected retailers or may allow
27 a retailer to deposit and maintain with the Chief Financial
28 Officer Treasurer securities that are interest bearing or
29 accruing and that, with the exception of those specified in
30 subparagraphs 1. and 2., are rated in one of the four highest
31 classifications by an established nationally recognized
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1 investment rating service. Securities eligible under this
2 paragraph shall be limited to:
3 1. Certificates of deposit issued by solvent banks or
4 savings associations organized and existing under the laws of
5 this state or under the laws of the United States and having
6 their principal place of business in this state.
7 2. United States bonds, notes, and bills for which the
8 full faith and credit of the government of the United States
9 is pledged for the payment of principal and interest.
10 3. General obligation bonds and notes of any political
11 subdivision of the state.
12 4. Corporate bonds of any corporation that is not an
13 affiliate or subsidiary of the depositor.
14
15 Such securities shall be held in trust and shall have at all
16 times a market value at least equal to an amount required by
17 the department.
18 Section 80. Subsections (3) and (4) of section 24.120,
19 Florida Statutes, are amended to read:
20 24.120 Financial matters; Administrative Trust Fund;
21 interagency cooperation.--
22 (3) Any action required by law to be taken by the
23 Chief Financial Officer State Treasurer or the Comptroller
24 shall be taken within 2 business days after the department's
25 request therefor. If the request for such action is not
26 approved or rejected within such period, the request shall be
27 deemed to be approved. The department shall reimburse the
28 Chief Financial Officer State Treasurer or the Comptroller for
29 any additional costs involved in providing the level of
30 service required by this subsection.
31
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1 (4) The department shall cooperate with the Chief
2 Financial Officer State Treasurer, the Comptroller, the
3 Auditor General, and the Office of Program Policy Analysis and
4 Government Accountability by giving employees designated by
5 any of them access to facilities of the department for the
6 purpose of efficient compliance with their respective
7 responsibilities.
8 Section 81. Subsection (5) of section 25.241, Florida
9 Statutes, is amended to read:
10 25.241 Clerk of Supreme Court; compensation;
11 assistants; filing fees, etc.--
12 (5) The Clerk of the Supreme Court is hereby required
13 to prepare a statement of all fees collected in duplicate each
14 month and remit one copy of such said statement, together with
15 all fees collected by him or her, to the Chief Financial
16 Officer State Treasurer, who shall place the same to the
17 credit of the General Revenue Fund.
18 Section 82. Section 26.39, Florida Statutes, is
19 amended to read:
20 26.39 Penalty for nonattendance of judge.--Whenever
21 such default shall occur, the clerk of the court (unless such
22 judge shall file his or her reasons for such default as
23 hereinbefore provided) shall certify the fact, under his or
24 her official signature and seal, to the Chief Financial
25 Officer Comptroller of the state, who shall deduct from the
26 warrants on the Treasurer, thereafter to be issued in favor of
27 the judge making such default, the sum of $100 as aforesaid
28 for every such default.
29 Section 83. Section 27.08, Florida Statutes, is
30 amended to read:
31
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1 27.08 State claims; surrender of papers to
2 successor.--Upon the qualification of the successor of any
3 state attorney, the state attorney going out of office shall
4 deliver to his or her successor a statement of all cases for
5 the collection of money in favor of the state under his or her
6 control and the papers connected with the same, and take his
7 or her receipt for the same, which receipt, when filed with
8 the Department of Financial Services Banking and Finance,
9 shall release such state attorney from any further liability
10 to the state upon the claims receipted for; and the state
11 attorney receiving the claims shall be liable in all respects
12 for the same, as provided against state attorneys in s. 17.20.
13 Section 84. Section 27.10, Florida Statutes, is
14 amended to read:
15 27.10 Obligation as to claims; how discharged.--The
16 charges mentioned in s. 17.20 shall be evidence of
17 indebtedness on the part of any state attorney against whom
18 any charge is made for the full amount of such claim to the
19 state until the same shall be collected and paid into the
20 treasury or sued to insolvency, which fact of insolvency shall
21 be certified by the circuit judge of his or her circuit,
22 unless the said state attorney makes shall make it fully
23 appear to the Department of Financial Services Banking and
24 Finance that the failure to collect the same did not result
25 from his or her neglect.
26 Section 85. Section 27.11, Florida Statutes, is
27 amended to read:
28 27.11 Report upon claims committed to state
29 attorney.--The state attorney shall make a report to the Chief
30 Financial Officer Comptroller on the first Monday in January
31 and July in each and every year of the condition of all claims
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1 placed in his or her hands or which the state attorney may
2 have been required to prosecute and collect, whether the same
3 is in suit or in judgment, or collected, and the probable
4 solvency or insolvency of claims not collected, and shall at
5 the same time pay over all moneys which he or she may have
6 collected belonging to the state; and the Chief Financial
7 Officer Comptroller shall not audit or allow any claim which
8 any state attorney may have against the state for services
9 until he or she makes the report herein required.
10 Section 86. Subsection (1) of section 27.12, Florida
11 Statutes, is amended to read:
12 27.12 Power to compromise.--
13 (1) The state attorney may, with the approval of the
14 Department of Financial Services Banking and Finance,
15 compromise and settle all judgments, claims, and demands in
16 favor of the state in his or her circuit against defaulting
17 collectors of revenue, sheriffs and other officers, and the
18 sureties on their bonds, on such terms as the state attorney
19 may deem equitable and proper.
20 Section 87. Section 27.13, Florida Statutes, is
21 amended to read:
22 27.13 Completion of compromise.--The state attorney
23 shall, on agreeing to any compromise or settlement, report the
24 same to the Department of Financial Services Banking and
25 Finance for its approval; and, on its approving such
26 compromise or settlement, the said state attorney, on a
27 compliance with the terms of such compromise or settlement
28 shall give a receipt to the collector of revenue, sheriff or
29 other officer, or the sureties on their bonds, or to the legal
30 representatives, which receipt shall be a discharge from all
31 judgments, claims or demands of the state against such
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1 collector of revenue or other officer, or the sureties on
2 their bonds.
3 Section 88. Subsection (4) of section 27.34, Florida
4 Statutes, is amended to read:
5 27.34 Salaries and other related costs of state
6 attorneys' offices; limitations.--
7 (4) Notwithstanding s. 27.25, the Chief Financial
8 Officer Insurance Commissioner may contract with the state
9 attorney of any judicial circuit of the state for the
10 prosecution of criminal violations of the Workers'
11 Compensation Law and related crimes and may contribute funds
12 for such purposes. Such contracts may provide for the
13 training, salary, and expenses of one or more assistant state
14 attorneys used in the prosecution of such crimes.
15 Section 89. Section 27.3455, Florida Statutes, is
16 amended to read:
17 27.3455 Annual statement of certain revenues and
18 expenditures.--
19 (1) Each county shall submit annually to the Chief
20 Financial Officer Comptroller a statement of revenues and
21 expenditures as set forth in this section in the form and
22 manner prescribed by the Chief Financial Officer Comptroller
23 in consultation with the Legislative Committee on
24 Intergovernmental Relations, provided that such statement
25 identify total county expenditures on:
26 (a) Medical examiner services.
27 (b) County victim witness programs.
28 (c) Each of the services outlined in ss. 27.34(2) and
29 27.54(3).
30 (d) Appellate filing fees in criminal cases in which
31 an indigent defendant appeals a judgment of a county or
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1 circuit court to a district court of appeal or the Florida
2 Supreme Court.
3 (e) Other court-related costs of the state attorney
4 and public defender that were paid by the county where such
5 costs were included in a judgment or order rendered by the
6 trial court against the county.
7
8 Such statement also shall identify the revenues provided by s.
9 938.05(1) that were used to meet or reimburse the county for
10 such expenditures.
11 (2)(a) Within 6 months of the close of the local
12 government fiscal year, each county shall submit to the Chief
13 Financial Officer Comptroller a statement of compliance from
14 its independent certified public accountant, engaged pursuant
15 to s. 218.39, that the certified statement of expenditures was
16 in accordance with ss. 27.34(2), 27.54(3), and this section.
17 All discrepancies noted by the independent certified public
18 accountant shall be included in the statement furnished by the
19 county to the Chief Financial Officer Comptroller.
20 (b) If Should the Chief Financial Officer determines
21 Comptroller determine that additional auditing procedures are
22 appropriate because:
23 1. The county failed to submit timely its annual
24 statement;
25 2. Discrepancies were noted by the independent
26 certified public accountant; or
27 3. The county failed to file before March 31 of each
28 year the certified public accountant statement of compliance,
29 the Chief Financial Officer may Comptroller is hereby
30 authorized to send his or her personnel or to contract for
31 services to bring the county into compliance. The costs
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1 incurred by the Chief Financial Officer Comptroller shall be
2 paid promptly by the county upon certification by the Chief
3 Financial Officer Comptroller.
4 (c) Where the Chief Financial Officer Comptroller
5 elects to utilize the services of an independent contractor,
6 such certification by the Chief Financial Officer Comptroller
7 may require the county to make direct payment to a contractor.
8 Any funds owed by a county in such matters shall be recovered
9 pursuant to s. 17.04 or s. 17.041.
10 (3) The priority for the allocation of funds collected
11 pursuant to s. 938.05(1) shall be as follows:
12 (a) Reimbursement to the county for actual county
13 expenditures incurred in providing the state attorney and
14 public defender the services outlined in ss. 27.34(2) and
15 27.54(3), with the exception of office space, utilities, and
16 custodial services.
17 (b) At the close of the local government fiscal year,
18 funds remaining on deposit in the special trust fund of the
19 county after reimbursements have been made pursuant to
20 paragraph (a) shall be reimbursed to the county for actual
21 county expenditures made in support of the operations and
22 services of medical examiners, including the costs associated
23 with the investigation of state prison inmate deaths. Special
24 county trust fund revenues used to reimburse the county for
25 medical examiner expenditures in any year shall not exceed $1
26 per county resident.
27 (c) At the close of the local government fiscal year,
28 counties establishing or having in existence a comprehensive
29 victim-witness program which meets the standards set by the
30 Crime Victims' Services Office shall be eligible to receive 50
31 percent matching moneys from the balance remaining in the
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1 special trust fund after reimbursements have been made
2 pursuant to paragraphs (a) and (b). Special trust fund moneys
3 used in any year to supplement such programs shall not exceed
4 25 cents per county resident.
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 90. Subsection (2) of section 27.703, Florida
5 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 91. Subsection (4) of section 27.710, Florida
13 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 92. Subsections (3), (4), (5), (6), (7), and
2 (13) of section 27.711, Florida Statutes, are amended to read:
3 27.711 Terms and conditions of appointment of
4 attorneys as counsel in postconviction capital collateral
5 proceedings.--
6 (3) An attorney appointed to represent a capital
7 defendant is entitled to payment of the fees set forth in this
8 section only upon full performance by the attorney of the
9 duties specified in this section and approval of payment by
10 the trial court, and the submission of a payment request by
11 the attorney, subject to the availability of sufficient
12 funding specifically appropriated for this purpose. The Chief
13 Financial Officer Comptroller shall notify the executive
14 director and the court if it appears that sufficient funding
15 has not been specifically appropriated for this purpose to pay
16 any fees which may be incurred. The attorney shall maintain
17 appropriate documentation, including a current and detailed
18 hourly accounting of time spent representing the capital
19 defendant. The fee and payment schedule in this section is the
20 exclusive means of compensating a court-appointed attorney who
21 represents a capital defendant. When appropriate, a
22 court-appointed attorney must seek further compensation from
23 the Federal Government, as provided in 18 U.S.C. s. 3006A or
24 other federal law, in habeas corpus litigation in the federal
25 courts.
26 (4) Upon approval by the trial court, an attorney
27 appointed to represent a capital defendant under s. 27.710 is
28 entitled to payment of the following fees by the Chief
29 Financial Officer Comptroller:
30 (a) Regardless of the stage of postconviction capital
31 collateral proceedings, the attorney is entitled to $100 per
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1 hour, up to a maximum of $2,500, after accepting appointment
2 and filing a notice of appearance.
3 (b) The attorney is entitled to $100 per hour, up to a
4 maximum of $20,000, after timely filing in the trial court the
5 capital defendant's complete original motion for
6 postconviction relief under the Florida Rules of Criminal
7 Procedure. The motion must raise all issues to be addressed by
8 the trial court. However, an attorney is entitled to fees
9 under this paragraph if the court schedules a hearing on a
10 matter that makes the filing of the original motion for
11 postconviction relief unnecessary or if the court otherwise
12 disposes of the case.
13 (c) The attorney is entitled to $100 per hour, up to a
14 maximum of $20,000, after the trial court issues a final order
15 granting or denying the capital defendant's motion for
16 postconviction relief.
17 (d) The attorney is entitled to $100 per hour, up to a
18 maximum of $20,000, after timely filing in the Supreme Court
19 the capital defendant's brief or briefs that address the trial
20 court's final order granting or denying the capital
21 defendant's motion for postconviction relief and the state
22 petition for writ of habeas corpus.
23 (e) The attorney is entitled to $100 per hour, up to a
24 maximum of $10,000, after the trial court issues an order,
25 pursuant to a remand from the Supreme Court, which directs the
26 trial court to hold further proceedings on the capital
27 defendant's motion for postconviction relief.
28 (f) The attorney is entitled to $100 per hour, up to a
29 maximum of $4,000, after the appeal of the trial court's
30 denial of the capital defendant's motion for postconviction
31
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1 relief and the capital defendant's state petition for writ of
2 habeas corpus become final in the Supreme Court.
3 (g) At the conclusion of the capital defendant's
4 postconviction capital collateral proceedings in state court,
5 the attorney is entitled to $100 per hour, up to a maximum of
6 $2,500, after filing a petition for writ of certiorari in the
7 Supreme Court of the United States.
8 (h) If, at any time, the Supreme Court of the United
9 States accepts for review the capital defendant's collateral
10 challenge of the conviction and sentence of death, the
11 attorney is entitled to $100 per hour, up to a maximum of
12 $5,000. This payment shall be full compensation for
13 representing the capital defendant throughout the certiorari
14 proceedings before the United States Supreme Court.
15
16 The hours billed by a contracting attorney under this
17 subsection may include time devoted to representation of the
18 defendant by another attorney who is qualified under s. 27.710
19 and who has been designated by the contracting attorney to
20 assist him or her.
21 (5) An attorney who represents a capital defendant may
22 use the services of one or more investigators to assist in
23 representing a capital defendant. Upon approval by the trial
24 court, the attorney is entitled to payment from the Chief
25 Financial Officer Comptroller of $40 per hour, up to a maximum
26 of $15,000, for the purpose of paying for investigative
27 services.
28 (6) An attorney who represents a capital defendant is
29 entitled to a maximum of $15,000 for miscellaneous expenses,
30 such as the costs of preparing transcripts, compensating
31 expert witnesses, and copying documents. Upon approval by the
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1 trial court, the attorney is entitled to payment by the Chief
2 Financial Officer Comptroller of up to $15,000 for
3 miscellaneous expenses, except that, if the trial court finds
4 that extraordinary circumstances exist, the attorney is
5 entitled to payment in excess of $15,000.
6 (7) An attorney who is actively representing a capital
7 defendant is entitled to a maximum of $500 per fiscal year for
8 tuition and expenses for continuing legal education that
9 pertains to the representation of capital defendants. Upon
10 approval by the trial court, the attorney is entitled to
11 payment by the Chief Financial Officer Comptroller for
12 expenses for such tuition and continuing legal education.
13 (13) Prior to the filing of a motion for order
14 approving payment of attorney's fees, costs, or related
15 expenses, the assigned counsel shall deliver a copy of his
16 intended billing, together with supporting affidavits and all
17 other necessary documentation, to the Chief Financial
18 Officer's Comptroller's named contract manager. The contract
19 manager shall have 10 business days from receipt to review the
20 billings, affidavit, and documentation for completeness and
21 compliance with contractual and statutory requirements. If the
22 contract manager objects to any portion of the proposed
23 billing, the objection and reasons therefor shall be
24 communicated to the assigned counsel. The assigned counsel may
25 thereafter file his or her motion for order approving payment
26 of attorney's fees, costs, or related expenses together with
27 supporting affidavits and all other necessary documentation.
28 The motion must specify whether the Chief Financial Officer's
29 Comptroller's contract manager objects to any portion of the
30 billing or the sufficiency of documentation and, if so, the
31 reason therefor. A copy of the motion and attachments shall be
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1 served on the Chief Financial Officer's Comptroller's contract
2 manager, who shall have standing to file pleadings and appear
3 before the court to contest any motion for order approving
4 payment. The fact that the Chief Financial Officer's
5 Comptroller's contract manager has not objected to any portion
6 of the billing or to the sufficiency of the documentation is
7 not binding on the court, which retains primary authority and
8 responsibility for determining the reasonableness of all
9 billings for fees, costs, and related expenses, subject to
10 statutory limitations.
11 Section 93. Section 28.235, Florida Statutes, is
12 amended to read:
13 28.235 Advance payments by clerk of circuit
14 court.--The clerk of the circuit court is authorized to make
15 advance payments on behalf of the county for goods and
16 services, including, but not limited to, maintenance
17 agreements and subscriptions, pursuant to rules or procedures
18 adopted by the Chief Financial Officer Comptroller for advance
19 payments of invoices submitted to agencies of the state.
20 Section 94. Subsections (7) and (23) of section 28.24,
21 Florida Statutes, are amended to read:
22 28.24 Service charges by clerk of the circuit
23 court.--The clerk of the circuit court shall make the
24 following charges for services rendered by the clerk's office
25 in recording documents and instruments and in performing the
26 duties enumerated. However, in those counties where the
27 clerk's office operates as a fiscal unit of the county
28 pursuant to s. 145.022(1), the clerk shall not charge the
29 county for such services.
30
31 Charges
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1
2 (7) For making and reporting payrolls of jurors to
3 Chief Financial Officer State Comptroller, per page, per copy
4 ..........................................................5.00
5 (23) For paying of witnesses and making and reporting
6 payroll to Chief Financial Officer State Comptroller, per
7 copy, per page............................................5.00
8 Section 95. Section 30.52, Florida Statutes, is
9 amended to read:
10 30.52 Handling of public funds.--The sheriff shall
11 keep public funds in his or her custody, either in his or her
12 office in an amount not in excess of the burglary, theft, and
13 robbery insurance provided, the cost of which is hereby
14 authorized as an expense of the office, or in a depository in
15 an amount not in excess of the security provided pursuant to
16 s. 658.60 and the regulations of the Department of Financial
17 Services Banking and Finance. The title of the depository
18 accounts shall include the word "sheriff" and the name of the
19 county, and withdrawals from the accounts shall be made by
20 checks signed by the duly qualified and acting sheriff of the
21 county, or his or her designated deputy or agent.
22 Section 96. Section 40.30, Florida Statutes, is
23 amended to read:
24 40.30 Requisition endorsed by State Courts
25 Administrator or designee.--Upon receipt of such estimate and
26 the requisition from the clerk of the court, the State Courts
27 Administrator or designee shall endorse the amount that he or
28 she may deem necessary for the pay of jurors and witnesses
29 during the quarterly fiscal period and shall submit a request
30 for payment to the Chief Financial Officer Comptroller.
31
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1 Section 97. Section 40.31, Florida Statutes, is
2 amended to read:
3 40.31 State Courts Administrator may apportion
4 appropriation.--If the State Courts Administrator shall have
5 reason to believe that the amount appropriated by the
6 Legislature is insufficient to meet the expenses of jurors and
7 witnesses during the remaining part of the state fiscal year,
8 he or she may apportion the money in the treasury for that
9 purpose among the several counties, basing such apportionment
10 upon the amount expended for the payment of jurors and
11 witnesses in each county during the prior fiscal year. In such
12 case, each county shall be paid by warrant, issued by the
13 Chief Financial Officer Comptroller, only the amount so
14 apportioned to each county, and, when the amount so
15 apportioned is insufficient to pay in full all the jurors and
16 witnesses during a quarterly fiscal period, the clerk of the
17 court shall apportion the money received pro rata among the
18 jurors and witnesses entitled to pay and shall give to each
19 juror or witness a certificate of the amount of compensation
20 still due, which certificate shall be held by the State Courts
21 Administrator as other demands against the state.
22 Section 98. Section 40.33, Florida Statutes, is
23 amended to read:
24 40.33 Deficiency.--If the compensation of jurors and
25 witnesses during a quarterly fiscal period exceeds the amount
26 estimated by the clerk of the court and therefore is
27 insufficient to pay in full the jurors and witnesses, the
28 clerk of the court shall make a further requisition upon the
29 State Courts Administrator for the amount necessary to pay
30 such default, and the amount required shall be transmitted to
31 the clerk of the court by warrant issued by the Chief
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1 Financial Officer Comptroller in the same manner as the
2 original requisition or order.
3 Section 99. Subsection (2) of section 40.34, Florida
4 Statutes, is amended to read:
5 40.34 Clerks to make triplicate payroll.--
6 (2) The form of such payroll shall be prescribed by
7 the Chief Financial Officer Comptroller.
8 Section 100. Section 40.35, Florida Statutes, is
9 amended to read:
10 40.35 Accounting and payment to the State Courts
11 Administrator.--
12 (1) The clerk of the court shall, within 2 weeks after
13 the last day of the quarterly fiscal period, render to the
14 State Courts Administrator a full statement of accounts for
15 moneys received and disbursed under the provisions of this
16 chapter and refund to the State Courts Administrator any
17 balance in the clerk's hands. If upon audit the State Courts
18 Administrator shall determine a balance due the clerk of the
19 court, the State Courts Administrator shall submit a request
20 for payment to the Chief Financial Officer Comptroller.
21 (2) If a clerk of the court fails to account for and
22 pay over promptly the balance of all moneys paid him or her,
23 the sureties, if any, on a clerk's official bond are liable
24 and responsible for same; and the State Courts Administrator
25 shall report to the Governor and the Chief Financial Officer
26 Comptroller any failure on the part of the clerk of the court
27 to report and faithfully account for any such moneys.
28 Section 101. Paragraph (b) of subsection (5) of
29 section 43.16, Florida Statutes, is amended to read:
30 43.16 Justice Administrative Commission; membership,
31 powers and duties.--
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1 (5) The duties of the commission shall include, but
2 not be limited to, the following:
3 (b) Each state attorney and public defender and the
4 Judicial Qualifications Commission shall continue to prepare
5 necessary budgets, vouchers which represent valid claims for
6 reimbursement by the state for authorized expenses, and other
7 things incidental to the proper administrative operation of
8 the office, such as revenue transmittals to the Chief
9 Financial Officer treasurer, automated systems plans, etc.,
10 but will forward same to the commission for recording and
11 submission to the proper state officer. However, when
12 requested by a state attorney or a public defender or the
13 Judicial Qualifications Commission, the commission will either
14 assist in the preparation of budget requests, voucher
15 schedules, and other forms and reports or accomplish the
16 entire project involved.
17 Section 102. Subsections (1), (3), and (4) of section
18 43.19, Florida Statutes, are amended to read:
19 43.19 Money paid into court; unclaimed funds.--
20 (1) In every case in which the right to withdraw money
21 deposited as hereinbefore provided has been adjudicated or is
22 not in dispute and the money has remained so deposited for 5
23 years or more unclaimed by the person, firm, or corporation
24 entitled thereto, on or before December 1 of each year the
25 judge, or one of the judges, of the court shall direct that
26 the money be deposited with the Chief Financial Officer
27 Treasurer to the credit of the State School Fund, to become a
28 part of that fund, subject to the right of the person, firm,
29 or corporation entitled thereto to receive the money as
30 provided in subsection (3).
31
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1 (3) Any person, firm or corporation entitled to any of
2 the money may obtain an order directing the payment of the
3 money to the claimant on written petition to the court from
4 which the money was deposited or its successor, and written
5 notice to the state attorney of the circuit wherein the court
6 is situate, whether or not the court is a circuit court, and
7 proof of right thereto, and the money deposited shall
8 constitute and be a permanent appropriation for payments by
9 the Chief Financial Officer Treasurer of the state in
10 obedience of such orders.
11 (4) All interest and income that accrue from the money
12 while on deposit with the Chief Financial Officer Treasurer to
13 the credit of the State School Fund belong to that fund.
14 Section 103. Subsections (3) and (4) of section
15 48.151, Florida Statutes, are amended to read:
16 48.151 Service on statutory agents for certain
17 persons.--
18 (3) The Chief Financial Officer Insurance Commissioner
19 and Treasurer or his or her assistant or deputy or another
20 person in charge of the office is the agent for service of
21 process on all insurers applying for authority to transact
22 insurance in this state, all licensed nonresident insurance
23 agents, all nonresident disability insurance agents licensed
24 by the Department of Financial Services Insurance pursuant to
25 s. 626.835, any unauthorized insurer under s. 626.906 or s.
26 626.937, domestic reciprocal insurers, fraternal benefit
27 societies under chapter 632, automobile inspection and
28 warranty associations, ambulance service associations, and
29 persons required to file statements under s. 628.461.
30 (4) The Chief Financial Officer Comptroller is the
31 agent for service of process for any issuer as defined in s.
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1 517.021, or any dealer, investment adviser, or associated
2 person registered with the Department of Financial Services
3 Banking and Finance, for any violation of any provision of
4 chapter 517.
5 Section 104. Subsection (1) of section 55.03, Florida
6 Statutes, is amended to read:
7 55.03 Judgments; rate of interest, generally.--
8 (1) On December 1 of each year beginning December 1,
9 1994, the Chief Financial Officer Comptroller of the State of
10 Florida shall set the rate of interest that shall be payable
11 on judgments or decrees for the year beginning January 1 by
12 averaging the discount rate of the Federal Reserve Bank of New
13 York for the preceding year, then adding 500 basis points to
14 the averaged federal discount rate. The Chief Financial
15 Officer Comptroller shall inform the clerk of the courts and
16 chief judge for each judicial circuit of the rate that has
17 been established for the upcoming year. The initial interest
18 rate established by the Comptroller shall take effect on
19 January 1, 1995, and the interest rate established by the
20 Chief Financial Officer Comptroller in subsequent years shall
21 take effect on January 1 of each following year. Judgments
22 obtained on or after January 1, 1995, shall use the previous
23 statutory rate for time periods before January 1, 1995, for
24 which interest is due and shall apply the rate set by the
25 Chief Financial Officer Comptroller for time periods after
26 January 1, 1995, for which interest is due. Nothing contained
27 herein shall affect a rate of interest established by written
28 contract or obligation.
29 Section 105. Section 57.091, Florida Statutes, is
30 amended to read:
31
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1 57.091 Costs; refunded to counties in certain
2 proceedings relating to state prisoners.--All lawful fees,
3 costs, and expenses hereafter adjudged against, and paid by,
4 any county in all competency proceedings and all criminal
5 prosecutions against state prisoners imprisoned in a state
6 correctional institution, and in all habeas corpus cases
7 brought to test the legality of the imprisonment of state
8 prisoners of such correctional institutions, shall be refunded
9 to the county paying the sum from the General Revenue Fund in
10 the State Treasury in the manner and to the extent herein
11 provided, to wit: between the 1st and 15th of the month next
12 succeeding the month in which the fees, costs, and expenses
13 have been allowed and paid by the county, the clerk of the
14 court shall make requisition on the Department of Corrections
15 for the fees, costs, and expenses so allowed and paid during
16 the preceding month, giving the style of the cases in which
17 fees, costs, and expenses were incurred and the amount and
18 items of cost in each case; providing a certified copy of the
19 judgment adjudging the fees, costs, and expenses against the
20 county and showing that the amount represented thereby has
21 been approved by the presiding judge, paid by the county, and
22 verified by the clerk; and attaching a certified copy of the
23 bill as approved and allowed by the board of county
24 commissioners of the county. If the Department of Corrections
25 finds the bills legal and adjudged against and paid by the
26 county, the department shall submit a request to the Chief
27 Financial Officer Comptroller to draw a warrant in the amount
28 thereof, or in the amount the department finds legal and
29 adjudged against and paid by the county, in favor of the
30 county paying the fees, costs, and expenses, which shall be
31
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1 paid by the Chief Financial Officer State Treasurer from the
2 general revenue funds of the state.
3 Section 106. Subsections (1), (3), and (4) of section
4 68.083, Florida Statutes, are amended to read:
5 68.083 Civil actions for false claims.--
6 (1) The department may diligently investigate a
7 violation under s. 68.082. If the department finds that a
8 person has violated or is violating s. 68.082, the department
9 may bring a civil action under the Florida False Claims Act
10 against the person. The Department of Financial Services
11 Banking and Finance may bring a civil action under this
12 section if the action arises from an investigation by that
13 department and the Department of Legal Affairs has not filed
14 an action under this act.
15 (3) The complaint shall be identified on its face as a
16 qui tam action and shall be filed in the circuit court of the
17 Second Judicial Circuit, in and for Leon County. Immediately
18 upon the filing of the complaint, a copy of the complaint and
19 written disclosure of substantially all material evidence and
20 information the person possesses shall be served on the
21 Attorney General, as head of the department, and on the Chief
22 Financial Officer Comptroller, as head of the Department of
23 Financial Services Banking and Finance, by registered mail,
24 return receipt requested. The department, or the Department of
25 Financial Services Banking and Finance under the circumstances
26 specified in subsection (4), may elect to intervene and
27 proceed with the action, on behalf of the state, within 90
28 days after it receives both the complaint and the material
29 evidence and information.
30 (4) If a person brings an action under subsection (2)
31 and the action is based upon the facts underlying a pending
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1 investigation by the Department of Financial Services Banking
2 and Finance, the Department of Financial Services Banking and
3 Finance, instead of the department, may take over the action
4 on behalf of the state. In order to take over the action, the
5 Department of Financial Services Banking and Finance must give
6 the department written notification within 20 days after the
7 action is filed that the Department of Financial Services
8 Banking and Finance is conducting an investigation of the
9 facts of the action and that the Department of Financial
10 Services Banking and Finance, instead of the department, will
11 take over the action filed under subsection (2). If the
12 Department of Financial Services Banking and Finance takes
13 over the action under this subsection, the word "department"
14 as used in this act means the Department of Financial Services
15 Banking and Finance, and that department, for purposes of that
16 action, shall have all rights and standing granted the
17 department under this act.
18 Section 107. Subsections (3) and (6) of section
19 68.084, Florida Statutes, are amended to read:
20 68.084 Rights of the parties in civil actions.--
21 (3) If the department elects not to proceed with the
22 action, the person who initiated the action has the right to
23 conduct the action. If the Attorney General, as head of the
24 department, or the Chief Financial Officer Comptroller, as
25 head of the Department of Financial Services Banking and
26 Finance, so requests, it shall be served, at the requesting
27 department's expense, with copies of all pleadings and motions
28 filed in the action and copies of all deposition transcripts.
29 When a person proceeds with the action, the court, without
30 limiting the rights of the person initiating the action, may
31 nevertheless permit the department to intervene and take over
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1 the action on behalf of the state at a later date upon showing
2 of good cause.
3 (6) The Department of Financial Services Banking and
4 Finance, or the department, may intervene on its own behalf as
5 a matter of right.
6 Section 108. Subsection (3) of section 68.087, Florida
7 Statutes, is amended to read:
8 68.087 Exemptions to civil actions.--
9 (3) No court shall have jurisdiction over an action
10 brought under this act based upon the public disclosure of
11 allegations or transactions in a criminal, civil, or
12 administrative hearing; in a legislative, administrative,
13 inspector general, or Auditor General, Chief Financial Officer
14 Comptroller, or Department of Financial Services Banking and
15 Finance report, hearing, audit, or investigation; or from the
16 news media, unless the action is brought by the department, or
17 unless the person bringing the action is an original source of
18 the information. For purposes of this subsection, the term
19 "original source" means an individual who has direct and
20 independent knowledge of the information on which the
21 allegations are based and has voluntarily provided the
22 information to the department before filing an action under
23 this act based on the information.
24 Section 109. Section 68.092, Florida Statutes, is
25 amended to read:
26 68.092 Deposit of recovered moneys.--All moneys
27 recovered by the Chief Financial Officer Comptroller, as head
28 of the Department of Financial Services Banking and Finance,
29 under s. 68.086(1) in any civil action for violation of the
30 Florida False Claims Act shall be deposited in the
31
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1 Administrative Trust Fund of the Department of Financial
2 Services Banking and Finance.
3 Section 110. Section 77.0305, Florida Statutes, is
4 amended to read:
5 77.0305 Continuing writ of garnishment against salary
6 or wages.--Notwithstanding any other provision of this
7 chapter, if salary or wages are to be garnished to satisfy a
8 judgment, the court shall issue a continuing writ of
9 garnishment to the judgment debtor's employer which provides
10 for the periodic payment of a portion of the salary or wages
11 of the judgment debtor as the salary or wages become due until
12 the judgment is satisfied or until otherwise provided by court
13 order. A debtor's status as an employee of the state or its
14 agencies or political subdivisions does not preclude a
15 judgment creditor's right to garnish the debtor's wages. For
16 the purposes of this section, the state includes the judicial
17 branch and the legislative branch as defined in s. 216.011.
18 The state, for itself and for its agencies and subdivisions,
19 waives sovereign immunity for the express and limited purpose
20 necessary to carry out this section. The court shall allow
21 the judgment debtor's employer to collect up to $5 against the
22 salary or wages of the judgment debtor to reimburse the
23 employer for administrative costs for the first deduction from
24 the judgment debtor's salary or wages and up to $2 for each
25 deduction thereafter. The funds collected by the state under
26 this section must be deposited in the Department of Financial
27 Services Banking and Finance Administrative Trust Fund for
28 purposes of carrying out this section.
29 Section 111. Section 92.39, Florida Statutes, is
30 amended to read:
31
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1 92.39 Evidence of individual's claim against the state
2 in suits between them.--In suits between the state and
3 individuals, no claim for a credit shall be allowed upon
4 trial, but such as shall appear to have been presented to the
5 Chief Financial Officer Comptroller for his or her the
6 Comptroller's examination, and by him or her disallowed in
7 whole or in part, unless it shall be proved to the
8 satisfaction of the court that the defendant is, at the time
9 of the trial, in possession of vouchers not before in the
10 defendant's power to procure, and that the defendant was
11 prevented from exhibiting a claim for such credit at the Chief
12 Financial Officer's Comptroller's office by unavoidable
13 accident.
14 Section 112. Subsection (4) of section 99.097, Florida
15 Statutes, is amended to read:
16 99.097 Verification of signatures on petitions.--
17 (4) The supervisor shall be paid in advance the sum of
18 10 cents for each signature checked or the actual cost of
19 checking such signature, whichever is less, by the candidate
20 or, in the case of a petition to have an issue placed on the
21 ballot, by the person or organization submitting the petition.
22 However, if a candidate, person, or organization seeking to
23 have an issue placed upon the ballot cannot pay such charges
24 without imposing an undue burden on personal resources or upon
25 the resources otherwise available to such candidate, person,
26 or organization, such candidate, person, or organization
27 shall, upon written certification of such inability given
28 under oath to the supervisor, be entitled to have the
29 signatures verified at no charge. In the event a candidate,
30 person, or organization submitting a petition to have an issue
31 placed upon the ballot is entitled to have the signatures
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1 verified at no charge, the supervisor of elections of each
2 county in which the signatures are verified at no charge shall
3 submit the total number of such signatures checked in the
4 county to the Chief Financial Officer Comptroller no later
5 than December 1 of the general election year, and the Chief
6 Financial Officer Comptroller shall cause such supervisor of
7 elections to be reimbursed from the General Revenue Fund in an
8 amount equal to 10 cents for each name checked or the actual
9 cost of checking such signatures, whichever is less. In no
10 event shall such reimbursement of costs be deemed or applied
11 as extra compensation for the supervisor. Petitions shall be
12 retained by the supervisors for a period of 1 year following
13 the election for which the petitions were circulated.
14 Section 113. Paragraph (a) of subsection (2) of
15 section 101.151, Florida Statutes, is amended to read:
16 101.151 Specifications for ballots.--
17 (2)(a) The ballot shall have headings under which
18 shall appear the names of the offices and names of duly
19 nominated candidates for the respective offices in the
20 following order: the heading "President and Vice President"
21 and thereunder the names of the candidates for President and
22 Vice President of the United States nominated by the political
23 party that received the highest vote for Governor in the last
24 general election of the Governor in this state. Then shall
25 appear the names of other candidates for President and Vice
26 President of the United States who have been properly
27 nominated. Votes cast for write-in candidates for President
28 and Vice President shall be counted as votes cast for the
29 presidential electors supporting such candidates. Then shall
30 follow the heading "Congressional" and thereunder the offices
31 of United States Senator and Representative in Congress; then
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1 the heading "State" and thereunder the offices of Governor and
2 Lieutenant Governor, Secretary of State, Attorney General,
3 Chief Financial Officer Comptroller, Treasurer, Commissioner
4 of Education, Commissioner of Agriculture, state attorney, and
5 public defender, together with the names of the candidates for
6 each office and the title of the office which they seek; then
7 the heading "Legislative" and thereunder the offices of state
8 senator and state representative; then the heading "County"
9 and thereunder clerk of the circuit court, clerk of the county
10 court (when authorized by law), sheriff, property appraiser,
11 tax collector, district superintendent of schools, and
12 supervisor of elections. Thereafter follows: members of the
13 board of county commissioners, and such other county and
14 district offices as are involved in the general election, in
15 the order fixed by the Department of State, followed, in the
16 year of their election, by "Party Offices," and thereunder the
17 offices of state and county party executive committee members.
18 In addition to the names printed on the ballot, a blank space
19 shall be provided under each heading for an office for which a
20 write-in candidate has qualified. With respect to write-in
21 candidates, if two or more candidates are seeking election to
22 one office, only one blank space shall be provided.
23 Section 114. Subsection (6) of section 103.091,
24 Florida Statutes, is amended to read:
25 103.091 Political parties.--
26 (6)(a)1. In addition to the members provided for in
27 subsection (1), each county executive committee shall include
28 all members of the Legislature who are residents of the county
29 and members of their respective political party and who shall
30 be known as at-large committeemen and committeewomen.
31
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1 (b)2. Each state executive committee shall include, as
2 at-large committeemen and committeewomen, all members of the
3 United States Congress representing the State of Florida who
4 are members of the political party, all statewide elected
5 officials who are members of the party, and the President of
6 the Senate or the Minority Leader in the Senate, and the
7 Speaker of the House of Representatives or the Minority Leader
8 in the House of Representatives, whichever is a member of the
9 political party, and 20 members of the Legislature who are
10 members of the political party. Ten of the legislators shall
11 be appointed with the concurrence of the state chair of the
12 respective party, as follows: five to be appointed by the
13 President of the Senate; five by the Minority Leader in the
14 Senate; five by the Speaker of the House of Representatives;
15 and five by the Minority Leader in the House.
16 (c)3. When a political party allows any member of the
17 state executive committee to have more than one vote per
18 person, other than by proxy, in a matter coming before the
19 state executive committee, the 20 members of the Legislature
20 appointed under subparagraph 2. shall not be appointed to the
21 state executive committee and the following elected officials
22 who are members of that political party shall be appointed and
23 shall have the following votes:
24 1.a. Governor: a number equal to 15 percent of votes
25 cast by state executive committeemen and committeewomen;
26 2.b. Lieutenant Governor: a number equal to 5 percent
27 of the votes cast by state executive committeemen and
28 committeewomen;
29 3.c. Each member of the United States Senate
30 representing the state: a number equal to 10 percent of the
31 votes cast by state executive committeemen and committeewomen;
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1 4.d. Secretary of State: a number equal to 5 percent
2 of the votes cast by state executive committeemen and
3 committeewomen;
4 5.e. Attorney General: a number equal to 5 percent of
5 the votes cast by state executive committeemen and
6 committeewomen;
7 6.f. Comptroller: a number equal to 5 percent of the
8 votes cast by state executive committeemen and committeewomen;
9 7.g. Treasurer: a number equal to 5 percent of the
10 votes cast by state executive committeemen and committeewomen;
11 8.h. Commissioner of Agriculture: a number equal to 5
12 percent of the votes cast by state executive committeemen and
13 committeewomen;
14 9.i. Commissioner of Education: a number equal to 5
15 percent of the votes cast by state executive committeemen and
16 committeewomen;
17 10.j. President of the Senate: a number equal to 10
18 percent of the votes cast by state executive committeemen and
19 committeewomen;
20 11.k. Minority leader of the Senate: a number equal
21 to 10 percent of the votes cast by state executive
22 committeemen and committeewomen;
23 12.l. Speaker of the House of Representatives: a
24 number equal to 10 percent of the votes cast by state
25 executive committeemen and committeewomen;
26 13.m. Minority leader of the House of Representatives:
27 a number equal to 10 percent of the votes cast by state
28 executive committeemen and committeewomen; and
29 14.n. Each member of the United States House of
30 Representatives representing the state: a number equal to 1
31
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1 percent of the votes cast by state executive committeemen and
2 committeewomen.
3 (d)1.4.a. The governing body of each state executive
4 committee as defined by party rule shall include as at-large
5 committeemen and committeewomen all statewide elected
6 officials who are members of such political party; up to four
7 members of the United States Congress representing the state
8 who are members of such political party and who shall be
9 appointed by the state chair on the basis of geographic
10 representation; the permanent presiding officer selected by
11 the members of each house of the Legislature who are members
12 of such political party; and the minority leader selected by
13 the members of each house of the Legislature who are members
14 of such political party.
15 2.b. All members of the governing body shall have one
16 vote per person.
17 Section 115. Section 107.11, Florida Statutes, is
18 amended to read:
19 107.11 Appropriation for expenses.--For the purpose of
20 defraying the expenses of preparing for, conducting, holding
21 and declaring the result of the election provided for by this
22 chapter and also for the purpose of defraying the expenses
23 allowed by this chapter for the holding of sessions of the
24 convention as herein provided, to be audited by the Chief
25 Financial Officer Comptroller, there is appropriated out of
26 the General Revenue Fund of the State of Florida a sufficient
27 sum of money for the payment of all amounts necessary to be
28 expended under the terms of this chapter, which sums of money
29 shall be disbursed by the State of Florida pursuant to
30 warrants drawn by the Chief Financial Officer Comptroller upon
31 the Treasurer for the payment of same.
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1 Section 116. Paragraph (a) of subsection (2) of
2 section 110.1127, Florida Statutes, is amended to read:
3 110.1127 Employee security checks.--
4 (2)(a) All positions within the Division of Treasury
5 of the Department of Financial Services Insurance are deemed
6 to be positions of special trust or responsibility, and a
7 person may be disqualified for employment in any such position
8 by reason of:
9 1. The conviction or prior conviction of a crime which
10 is reasonably related to the nature of the position sought or
11 held by the individual; or
12 2. The entering of a plea of nolo contendere or, when
13 a jury verdict of guilty is rendered but adjudication of guilt
14 is withheld, with respect to a crime which is reasonably
15 related to the nature of the position sought or held by the
16 individual.
17 Section 117. Subsection (1) of section 110.113,
18 Florida Statutes, is amended to read:
19 110.113 Pay periods for state officers and employees;
20 salary payments by direct deposit.--
21 (1) The normal pay period for salaries of state
22 officers and employees shall be 1 month. The Department of
23 Financial Services Banking and Finance shall issue either
24 monthly or biweekly salary payments by state warrants or by
25 direct deposit pursuant to s. 17.076 or make semimonthly
26 salary payments by direct deposit pursuant to s. 17.076, as
27 requested by the head of each state agency and approved by the
28 Executive Office of the Governor and the Department of
29 Financial Services Banking and Finance.
30 Section 118. Subsection (1) of section 110.114,
31 Florida Statutes, is amended to read:
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1 110.114 Employee wage deductions.--
2 (1) The state or any of its departments, bureaus,
3 commissions, and officers are authorized and permitted, with
4 the concurrence of the Department of Financial Services
5 Banking and Finance, to make deductions from the salary or
6 wage of any employee or employees in such amount as shall be
7 authorized and requested by such employee or employees and for
8 such purpose as shall be authorized and requested by such
9 employee or employees and shall pay such sums so deducted as
10 directed by such employee or employees. The concurrence of
11 the Department of Financial Services Banking and Finance shall
12 not be required for the deduction of a certified bargaining
13 agent's membership dues deductions pursuant to s. 447.303 or
14 any deductions authorized by a collective bargaining
15 agreement.
16 Section 119. Section 110.116, Florida Statutes, is
17 amended to read:
18 110.116 Personnel information system; payroll
19 procedures.--The Department of Management Services shall
20 establish and maintain, in coordination with the payroll
21 system of the Department of Financial Services Banking and
22 Finance, a complete personnel information system for all
23 authorized and established positions in the state service,
24 with the exception of employees of the Legislature. The
25 specifications shall be developed in conjunction with the
26 payroll system of the Department of Financial Services Banking
27 and Finance and in coordination with the Auditor General. The
28 Department of Financial Services Banking and Finance shall
29 determine that the position occupied by each employee has been
30 authorized and established in accordance with the provisions
31 of s. 216.251. The Department of Management Services shall
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1 develop and maintain a position numbering system that will
2 identify each established position, and such information shall
3 be a part of the payroll system of the Department of Financial
4 Services Banking and Finance. With the exception of employees
5 of the Legislature, this system shall include all career
6 service positions and those positions exempted from career
7 service provisions, notwithstanding the funding source of the
8 salary payments, and information regarding persons receiving
9 payments from other sources. Necessary revisions shall be made
10 in the personnel and payroll procedures of the state to avoid
11 duplication insofar as is feasible. A list shall be organized
12 by budget entity to show the employees or vacant positions
13 within each budget entity. This list shall be available to
14 the Speaker of the House of Representatives and the President
15 of the Senate upon request.
16 Section 120. Paragraph (a) of subsection (3) and
17 paragraph (b) of subsection (6) of section 110.1227, Florida
18 Statutes, are amended to read:
19 110.1227 Florida Employee Long-Term-Care Plan Act.--
20 (3) The Department of Management Services and the
21 department shall, in consultation with public employers and
22 employees and representatives from unions and associations
23 representing state, university, local government, and other
24 public employees, establish and supervise the implementation
25 and administration of a self-funded or fully insured
26 long-term-care plan entitled "Florida Employee Long-Term-Care
27 Plan."
28 (a) The Department of Management Services and the
29 department shall, in consultation with the Department of
30 Financial Services Insurance, contract for actuarial,
31
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1 professional-administrator, and other services for the Florida
2 Employee Long-Term-Care Plan.
3 (6) A Florida Employee Long-Term-Care Plan Board of
4 Directors is created, composed of nine members who shall serve
5 2-year terms, to be appointed after May 1, 1999, as follows:
6 (b) The Chief Financial Officer Insurance Commissioner
7 shall appoint an actuary.
8 Section 121. Paragraph (f) of subsection (5) of
9 section 110.1228, Florida Statutes, is amended to read:
10 110.1228 Participation by small counties, small
11 municipalities, and district school boards located in small
12 counties.--
13 (5) If the department determines that a small county,
14 small municipality, or district school board is eligible to
15 enroll, the small county, small municipality, or district
16 school board must agree to the following terms and conditions:
17 (f) If a small county, small municipality, or district
18 school board employer fails to make the payments required by
19 this section to fully reimburse the state, the Department of
20 Revenue or the Department of Financial Services Banking and
21 Finance shall, upon the request of the Department of
22 Management Services, deduct the amount owed by the employer
23 from any funds not pledged to bond debt service satisfaction
24 that are to be distributed by it to the small county, small
25 municipality, or district school board. The amounts so
26 deducted shall be transferred to the Department of Management
27 Services for further distribution to the trust funds in
28 accordance with this chapter.
29 Section 122. Paragraph (f) of subsection (4) and
30 paragraphs (b) and (c) of subsection (5) of section 110.123,
31 Florida Statutes, are amended to read:
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1 110.123 State group insurance program.--
2 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
3 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
4 (f) Pursuant to the request of each state officer,
5 full-time or part-time state employee, or retiree
6 participating in the state group insurance program, and upon
7 certification of the employing agency approved by the
8 department, the Chief Financial Officer Comptroller shall
9 deduct from the salary or retirement warrant payable to each
10 participant the amount so certified and shall handle such
11 deductions in accordance with rules established by the
12 department.
13 (5) DEPARTMENT POWERS AND DUTIES.--The department is
14 responsible for the administration of the state group
15 insurance program. The department shall initiate and
16 supervise the program as established by this section and shall
17 adopt such rules as are necessary to perform its
18 responsibilities. To implement this program, the department
19 shall, with prior approval by the Legislature:
20 (b) Prepare, in cooperation with the Department of
21 Financial Services Insurance, the specifications necessary to
22 implement the program.
23 (c) Contract on a competitive proposal basis with an
24 insurance carrier or carriers, or professional administrator,
25 determined by the Department of Financial Services Insurance
26 to be fully qualified, financially sound, and capable of
27 meeting all servicing requirements. Alternatively, the
28 department may self-insure any plan or plans contained in the
29 state group insurance program subject to approval based on
30 actuarial soundness by the Department of Financial Services
31 Insurance. The department may contract with an insurance
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1 company or professional administrator qualified and approved
2 by the Department of Financial Services Insurance to
3 administer such plan. Before entering into any contract, the
4 department shall advertise for competitive proposals, and such
5 contract shall be let upon the consideration of the benefits
6 provided in relationship to the cost of such benefits. In
7 determining which entity to contract with, the department
8 shall, at a minimum, consider: the entity's previous
9 experience and expertise in administering group insurance
10 programs of the type it proposes to administer; the entity's
11 ability to specifically perform its contractual obligations in
12 this state and other governmental jurisdictions; the entity's
13 anticipated administrative costs and claims experience; the
14 entity's capability to adequately provide service coverage and
15 sufficient number of experienced and qualified personnel in
16 the areas of claims processing, recordkeeping, and
17 underwriting, as determined by the department; the entity's
18 accessibility to state employees and providers; the financial
19 solvency of the entity, using accepted business sector
20 measures of financial performance. The department may contract
21 for medical services which will improve the health or reduce
22 medical costs for employees who participate in the state group
23 insurance plan.
24
25 Final decisions concerning enrollment, the existence of
26 coverage, or covered benefits under the state group insurance
27 program shall not be delegated or deemed to have been
28 delegated by the department.
29 Section 123. Section 110.125, Florida Statutes, is
30 amended to read:
31
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1 110.125 Administrative costs.--The administrative
2 expenses and costs of operating the personnel program
3 established by this chapter shall be paid by the various
4 agencies of the state government, and each such agency shall
5 include in its budget estimates its pro rata share of such
6 cost as determined by the Department of Management Services.
7 To establish an equitable division of the costs, the amount to
8 be paid by each agency shall be determined in such proportion
9 as the service rendered to each agency bears to the total
10 service rendered under the provisions of this chapter. The
11 amounts paid to the Department of Management Services which
12 are attributable to positions within the Senior Management
13 Service and the Selected Professional Service shall be used
14 for the administration of such services, training activities
15 for positions within those services, and the development and
16 implementation of a database of pertinent historical
17 information on exempt positions. Should any state agency
18 become more than 90 days delinquent in payment of this
19 obligation, the department shall certify to the Chief
20 Financial Officer Comptroller the amount due and the Chief
21 Financial Officer Comptroller shall transfer the amount due to
22 the department from any debtor agency funds available.
23 Section 124. Paragraph (a) of subsection (1) of
24 section 110.181, Florida Statutes, is amended to read:
25 110.181 Florida State Employees' Charitable
26 Campaign.--
27 (1) CREATION AND ORGANIZATION OF CAMPAIGN.--
28 (a) The Department of Management Services shall
29 establish and maintain, in coordination with the payroll
30 system of the Department of Financial Services Banking and
31 Finance, an annual Florida State Employees' Charitable
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1 Campaign. Except as provided in subsection (5), this annual
2 fundraising drive is the only authorized charitable
3 fundraising drive directed toward state employees within work
4 areas during work hours, and for which the state will provide
5 payroll deduction.
6 Section 125. Subsection (1) of section 110.2037,
7 Florida Statutes, is amended to read:
8 110.2037 Alternative benefits; tax-sheltered annual
9 leave and sick leave payments and special compensation
10 payments.--
11 (1) The Department of Management Services has
12 authority to adopt tax-sheltered plans under s. 401(a) of the
13 Internal Revenue Code for state employees who are eligible for
14 payment for accumulated leave. The department, upon adoption
15 of the plans, shall contract for a private vendor or vendors
16 to administer the plans. These plans shall be limited to state
17 employees who are over age 55 and who are: eligible for
18 accumulated leave and special compensation payments and
19 separating from employment with 10 years of service in
20 accordance with the Internal Revenue Code, or who are
21 participating in the Deferred Retirement Option Program on or
22 after July 1, 2001. The plans must provide benefits in a
23 manner that minimizes the tax liability of the state and
24 participants. The plans must be funded by employer
25 contributions of payments for accumulated leave or special
26 compensation payments, or both, as specified by the
27 department. The plans must have received all necessary federal
28 and state approval as required by law, must not adversely
29 impact the qualified status of the Florida Retirement System
30 defined benefit or defined contribution plans or the pretax
31 benefits program, and must comply with the provisions of s.
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1 112.65. Adoption of any plan is contingent on: the department
2 receiving appropriate favorable rulings from the Internal
3 Revenue Service; the department negotiating under the
4 provisions of chapter 447, where applicable; and the Chief
5 Financial Officer Comptroller making appropriate changes to
6 the state payroll system. The department's request for
7 proposals by vendors for such plans may require that the
8 vendors provide market-risk or volatility ratings from
9 recognized rating agencies for each of their investment
10 products. The department shall provide for a system of
11 continuous quality assurance oversight to ensure that the
12 program objectives are achieved and that the program is
13 prudently managed.
14 Section 126. Subsection (6) of section 110.205,
15 Florida Statutes, is amended to read:
16 110.205 Career service; exemptions.--
17 (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY
18 PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In
19 addition to those positions exempted from this part, there is
20 hereby exempted from the Career Service System the chief
21 inspector of the boiler inspection program of the Department
22 of Financial Services Insurance. The salary range of this
23 position shall be established by the Department of Management
24 Services in accordance with the classification and pay plan
25 established for the Selected Exempt Service.
26 Section 127. Paragraph (b) of subsection (5),
27 paragraph (b) of subsection (7), paragraph (b) of subsection
28 (8), and subsections (9), (11), and (13) of section 112.061,
29 Florida Statutes, are amended to read:
30 112.061 Per diem and travel expenses of public
31 officers, employees, and authorized persons.--
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1 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
2 purposes of reimbursement and methods of calculating
3 fractional days of travel, the following principles are
4 prescribed:
5 (b) A traveler shall not be reimbursed on a per diem
6 basis for Class C travel, but shall receive subsistence as
7 provided in this section, which allowance for meals shall be
8 based on the following schedule:
9 1. Breakfast--When travel begins before 6 a.m. and
10 extends beyond 8 a.m.
11 2. Lunch--When travel begins before 12 noon and
12 extends beyond 2 p.m.
13 3. Dinner--When travel begins before 6 p.m. and
14 extends beyond 8 p.m., or when travel occurs during nighttime
15 hours due to special assignment.
16
17 No allowance shall be made for meals when travel is confined
18 to the city or town of the official headquarters or immediate
19 vicinity; except assignments of official business outside the
20 traveler's regular place of employment if travel expenses are
21 approved. The Chief Financial Officer Comptroller shall
22 establish a schedule for processing Class C travel subsistence
23 payments at least on a monthly basis.
24 (7) TRANSPORTATION.--
25 (b) The Department of Financial Services Banking and
26 Finance may provide any form it deems necessary to cover
27 travel requests for traveling on official business and when
28 paid by the state.
29 (8) OTHER EXPENSES.--
30 (b) Other expenses which are not specifically
31 authorized by this section may be approved by the Department
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1 of Financial Services Banking and Finance pursuant to rules
2 adopted by it. Expenses approved pursuant to this paragraph
3 shall be reported by the Department of Financial Services
4 Banking and Finance to the Auditor General annually.
5 (9) RULES AND REGULATIONS.--
6 (a) The Department of Financial Services Banking and
7 Finance shall adopt promulgate such rules and regulations,
8 including, but not limited to, the general criteria to be used
9 by a state agency to predetermine justification for attendance
10 by state officers and employees and authorized persons at
11 conventions and conferences, and prescribe such forms as may
12 be necessary to effectuate the purposes of this section. The
13 department may also adopt rules prescribing the proper
14 disposition and use of promotional items and rebates offered
15 by common carriers and other entities in connection with
16 travel at public expense; however, before adopting such rules,
17 the department shall consult with the appropriation committees
18 of the Legislature.
19 (b) Each state agency shall promulgate such additional
20 specific rules and regulations and specific criteria to be
21 used by it to predetermine justification for attendance by
22 state officers and employees and authorized persons at
23 conventions and conferences, not in conflict with the rules
24 and regulations of the Department of Financial Services
25 Banking and Finance or with the general criteria to be used by
26 a state agency to predetermine justification for attendance by
27 state officers and employees and authorized persons at
28 conventions, as may be necessary to effectuate the purposes of
29 this section.
30 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
31
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1 (a) Authorization forms.--The Department of Financial
2 Services Banking and Finance shall furnish a uniform travel
3 authorization request form which shall be used by all state
4 officers and employees and authorized persons when requesting
5 approval for the performance of travel to a convention or
6 conference. The form shall include, but not be limited to,
7 provision for the name of each traveler, purpose of travel,
8 period of travel, estimated cost to the state, and a statement
9 of benefits accruing to the state by virtue of such travel. A
10 copy of the program or agenda of the convention or conference,
11 itemizing registration fees and any meals or lodging included
12 in the registration fee, shall be attached to, and filed with,
13 the copy of the travel authorization request form on file with
14 the agency. The form shall be signed by the traveler and by
15 the traveler's supervisor stating that the travel is to be
16 incurred in connection with official business of the state.
17 The head of the agency or his or her designated representative
18 shall not authorize or approve such request in the absence of
19 the appropriate signatures. A copy of the travel authorization
20 form shall be attached to, and become a part of, the support
21 of the agency's copy of the travel voucher.
22 (b) Voucher forms.--
23 1. The Department of Financial Services Banking and
24 Finance shall furnish a uniform travel voucher form which
25 shall be used by all state officers and employees and
26 authorized persons when submitting travel expense statements
27 for approval and payment. No travel expense statement shall
28 be approved for payment by the Chief Financial Officer
29 Comptroller unless made on the form prescribed and furnished
30 by the department. The travel voucher form shall provide for,
31 among other things, the purpose of the official travel and a
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1 certification or affirmation, to be signed by the traveler,
2 indicating the truth and correctness of the claim in every
3 material matter, that the travel expenses were actually
4 incurred by the traveler as necessary in the performance of
5 official duties, that per diem claimed has been appropriately
6 reduced for any meals or lodging included in the convention or
7 conference registration fees claimed by the traveler, and that
8 the voucher conforms in every respect with the requirements of
9 this section. The original copy of the executed uniform
10 travel authorization request form shall be attached to the
11 uniform travel voucher on file with the respective agency.
12 2. Statements for travel expenses incidental to the
13 rendering of medical services for and on behalf of clients of
14 the Department of Health shall be on forms approved by the
15 Department of Financial Services Banking and Finance.
16 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
17 an agency requires an employee to incur either Class A or
18 Class B travel on emergency notice to the traveler, such
19 traveler may request the agency to pay his or her expenses for
20 meals and lodging directly to the vendor, and the agency may
21 pay the vendor the actual expenses for meals and lodging
22 during the travel period, limited to an amount not to exceed
23 that authorized pursuant to this section. In emergency
24 situations, the agency head or his or her designee may
25 authorize an increase in the amount paid for a specific meal,
26 provided that the total daily cost of meals does not exceed
27 the total amount authorized for meals each day. The agency
28 head or his or her designee may also grant prior approval for
29 a state agency to make direct payments of travel expenses in
30 other situations that result in cost savings to the state, and
31 such cost savings shall be documented in the voucher submitted
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1 to the Chief Financial Officer Comptroller for the direct
2 payment of travel expenses. The provisions of this subsection
3 shall not be deemed to apply to any legislator or to any
4 employee of the Legislature.
5 Section 128. Subsections (2), (5), and (6) of section
6 112.08, 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 Financial Services Insurance
24 or otherwise fails or refuses to provide the contracted-for
25 coverage or coverages, the local government may purchase
26 insurance, enter into risk management programs, or contract
27 with third-party administrators and may make such acquisitions
28 by advertising for competitive bids or by direct negotiations
29 and contract. The local governmental unit may undertake
30 simultaneous negotiations with those companies which have
31 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 Financial Services
7 Insurance; and each shall contract with an insurance company
8 or professional administrator qualified and approved by the
9 Department of Financial Services Insurance to administer such
10 a plan.
11 (b) In order to obtain approval from the Department of
12 Insurance of any self-insured plan for health, accident, and
13 hospitalization coverage, each local governmental unit or
14 consortium shall submit its plan along with a certification as
15 to the actuarial soundness of the plan, which certification is
16 prepared by an actuary who is a member of the Society of
17 Actuaries or the American Academy of Actuaries. The Department
18 of Financial Services Insurance shall not approve the plan
19 unless it determines that the plan is designed to provide
20 sufficient revenues to pay current and future liabilities, as
21 determined according to generally accepted actuarial
22 principles. After implementation of an approved plan, each
23 local governmental unit or consortium shall annually submit to
24 the Department of Financial Services Insurance a report which
25 includes a statement prepared by an actuary who is a member of
26 the Society of Actuaries or the American Academy of Actuaries
27 as to the actuarial soundness of the plan. The report is due
28 90 days after the close of the fiscal year of the plan. The
29 report shall consist of, but is not limited to:
30 1. The adequacy of contribution rates in meeting the
31 level of benefits provided and the changes, if any, needed in
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1 the contribution rates to achieve or preserve a level of
2 funding deemed adequate to enable payment of the benefit
3 amounts provided under the plan and a valuation of present
4 assets, based on statement value, and prospective assets and
5 liabilities of the plan and the extent of any unfunded accrued
6 liabilities.
7 2. A plan to amortize any unfunded liabilities and a
8 description of actions taken to reduce unfunded liabilities.
9 3. A description and explanation of actuarial
10 assumptions.
11 4. A schedule illustrating the amortization of any
12 unfunded liabilities.
13 5. A comparative review illustrating the level of
14 funds available to the plan from rates, investment income, and
15 other sources realized over the period covered by the report
16 with the assumptions used.
17 6. A statement by the actuary that the report is
18 complete and accurate and that in the actuary's opinion the
19 techniques and assumptions used are reasonable and meet the
20 requirements and intent of this subsection.
21 7. Other factors or statements as required by the
22 Department of Insurance in order to determine the actuarial
23 soundness of the plan.
24
25 All assumptions used in the report shall be based on
26 recognized actuarial principles acceptable to the Department
27 of Financial Services Insurance. The Department of Financial
28 Services Insurance shall review the report and shall notify
29 the administrator of the plan and each entity participating in
30 the plan, as identified by the administrator, of any actuarial
31 deficiencies. Each local governmental unit is responsible for
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1 payment of valid claims of its employees that are not paid
2 within 60 days after receipt by the plan administrator or
3 consortium.
4 (c) Every local governmental unit is authorized to
5 expend funds for preemployment physical examinations and
6 postemployment physical examinations.
7 (5) The Department of Management Services shall
8 initiate and supervise a group insurance program providing
9 death and disability benefits for active members of the
10 Florida Highway Patrol Auxiliary, with coverage beginning July
11 1, 1978, and purchased from state funds appropriated for that
12 purpose. The Department of Management Services, in
13 cooperation with the Department of Financial Services
14 Insurance, shall prepare specifications necessary to implement
15 the program, and the Department of Management Services shall
16 receive bids and award the contract in accordance with general
17 law.
18 (6) The Department of Financial Services Insurance is
19 authorized to adopt rules to carry out the provisions of this
20 section as they pertain to its duties.
21 Section 129. Paragraph (h) of subsection (2) of
22 section 112.191, Florida Statutes, is 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 Financial Services Insurance is directed to
27 adopt promulgate rules as are necessary to implement the
28 provisions of this section.
29 Section 130. Subsection (4), paragraph (a) of
30 subsection (6), paragraphs (a), (d), (f), and (h) of
31 subsection (8), paragraph (b) of subsection (10), and
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1 subsections (11) and (12) of section 112.215, Florida
2 Statutes, are amended to read:
3 112.215 Government employees; deferred compensation
4 program.--
5 (4)(a) The Chief Financial Officer Treasurer, with the
6 approval of the State Board of Administration, shall establish
7 such plan or plans of deferred compensation for state
8 employees, including all such investment vehicles or products
9 incident thereto, as may be available through, or offered by,
10 qualified companies or persons, and may approve one or more
11 such plans for implementation by and on behalf of the state
12 and its agencies and employees.
13 (b) If the Chief Financial Officer Treasurer deems it
14 advisable, he or she shall have the power, with the approval
15 of the State Board of Administration, to create a trust or
16 other special funds for the segregation of funds or assets
17 resulting from compensation deferred at the request of
18 employees of the state or its agencies and for the
19 administration of such program.
20 (c) The Chief Financial Officer Treasurer, with the
21 approval of the State Board of Administration, may delegate
22 responsibility for administration of the plan to a person the
23 Chief Financial Officer Treasurer determines to be qualified,
24 compensate such person, and, directly or through such person
25 or pursuant to a collective bargaining agreement, contract
26 with a private corporation or institution to provide such
27 services as may be part of any such plan or as may be deemed
28 necessary or proper by the Chief Financial Officer Treasurer
29 or such person, including, but not limited to, providing
30 consolidated billing, individual and collective recordkeeping
31 and accountings, asset purchase, control, and safekeeping, and
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1 direct disbursement of funds to employees or other
2 beneficiaries. The Chief Financial Officer Treasurer may
3 authorize a person, private corporation, or institution to
4 make direct disbursement of funds under the plan to an
5 employee or other beneficiary only upon the order of the
6 Comptroller to the Treasurer.
7 (d) In accordance with such approved plan, and upon
8 contract or agreement with an eligible employee, deferrals of
9 compensation may be accomplished by payroll deductions made by
10 the appropriate officer or officers of the state, with such
11 funds being thereafter held and administered in accordance
12 with the plan.
13 (6)(a) No deferred compensation plan of the state
14 shall become effective until approved by the State Board of
15 Administration and the Chief Financial Officer Treasurer is
16 satisfied by opinion from such federal agency or agencies as
17 may be deemed necessary that the compensation deferred
18 thereunder and/or the investment products purchased pursuant
19 to the plan will not be included in the employee's taxable
20 income under federal or state law until it is actually
21 received by such employee under the terms of the plan, and
22 that such compensation will nonetheless be deemed compensation
23 at the time of deferral for the purposes of social security
24 coverage, for the purposes of the state retirement system, and
25 for any other retirement, pension, or benefit program
26 established by law.
27 (8)(a) There is hereby created a Deferred Compensation
28 Advisory Council composed of six seven members.
29 1. One member shall be appointed by the Speaker of the
30 House of Representatives and the President of the Senate
31 jointly and shall be an employee of the legislative branch.
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1 2. One member shall be appointed by the Chief Justice
2 of the Supreme Court and shall be an employee of the judicial
3 branch.
4 3. One member shall be appointed by the chair of the
5 Public Employees Relations Commission and shall be a nonexempt
6 public employee.
7 4. The remaining four members shall be employed by the
8 executive branch and shall be appointed as follows:
9 a. One member shall be appointed by the Chancellor of
10 the State University System and shall be an employee of the
11 university system.
12 b. One member shall be appointed by the Chief
13 Financial Officer Treasurer and shall be an employee of the
14 Chief Financial Officer Treasurer.
15 c. One member shall be appointed by the Governor and
16 shall be an employee of the executive branch.
17 d. One member shall be appointed by the Comptroller
18 and shall be an employee of the Comptroller.
19 (d) The council shall meet at the call of its chair,
20 at the request of a majority of its membership, or at the
21 request of the Chief Financial Officer Treasurer, but not less
22 than twice a year. The business of the council shall be
23 presented to the council in the form of an agenda. The agenda
24 shall be set by the Chief Financial Officer Treasurer and
25 shall include items of business requested by the council
26 members.
27 (f) The council shall make a report of each meeting to
28 the Chief Financial Officer Treasurer, which shall show the
29 names of the members present and shall include a record of its
30 discussions, recommendations, and actions taken. The Chief
31 Financial Officer Treasurer shall keep the records of the
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1 proceedings of each meeting on file and shall make the records
2 available to any interested person or group.
3 (h) The advisory council shall provide assistance and
4 recommendations to the Chief Financial Officer Treasurer
5 relating to the provisions of the plan, the insurance or
6 investment options to be offered under the plan, and any other
7 contracts or appointments deemed necessary by the council and
8 the Chief Financial Officer Treasurer to carry out the
9 provisions of this act. The Chief Financial Officer Treasurer
10 shall inform the council of the manner in which each council
11 recommendation is being addressed. The Chief Financial
12 Officer Treasurer shall provide the council, at least
13 annually, a report on the status of the deferred compensation
14 program, including, but not limited to, information on
15 participant enrollment, amount of compensation deferred, total
16 plan assets, product provider performance, and participant
17 satisfaction with the program.
18 (10)
19 (b)1. There is created in the State Treasury the
20 Deferred Compensation Trust Fund, through which the Chief
21 Financial Officer Treasurer as trustee shall hold moneys,
22 pensions, annuities, or other benefits accrued or accruing
23 under and pursuant to 26 U.S.C. s. 457 and the deferred
24 compensation plan provided for therein and adopted by this
25 state; and
26 a. All amounts of compensation deferred thereunder;
27 b. All property and rights purchased with such
28 amounts; and
29 c. All income attributable to such amounts, property,
30 or rights.
31
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1 2. Notwithstanding the mandates of 26 U.S.C. s.
2 457(b)(6), all of the assets specified in subparagraph 1.
3 shall be held in trust for the exclusive benefit of
4 participants and their beneficiaries as mandated by 26 U.S.C.
5 s. 457(g)(1).
6 (11) With respect to any funds held pursuant to a
7 deferred compensation plan, any plan provider which is a bank
8 or savings association and which provides time deposit
9 accounts and certificates of deposit as an investment product
10 to the plan participants may, with the approval of the State
11 Board of Administration for providers in the state plan, or
12 with the approval of the appropriate official or body
13 designated under subsection (5) for a plan of a county,
14 municipality, other political subdivision, or constitutional
15 county officer, be exempt from the provisions of chapter 280
16 requiring it to be a qualified public depository, provided:
17 (a) The bank or savings association shall, to the
18 extent that the time deposit accounts or certificates of
19 deposit are not insured by the Federal Deposit Insurance
20 Corporation or the Federal Savings and Loan Insurance
21 Corporation, pledge collateral with the Chief Financial
22 Officer Treasurer for all state funds held by it under a
23 deferred compensation plan, or with such other appropriate
24 official for all public funds held by it under a deferred
25 compensation plan of a county, municipality, other political
26 subdivision, or constitutional county officer, in an amount
27 which equals at least 150 percent of all uninsured deferred
28 compensation funds then held.
29 (b) Said collateral shall be of the kind permitted by
30 s. 280.13 and shall be pledged in the manner provided for by
31 the applicable provisions of chapter 280.
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1
2 The Chief Financial Officer Treasurer shall have all the
3 applicable powers provided in ss. 280.04, 280.05, and 280.08
4 relating to the sale or other disposition of the pledged
5 collateral.
6 (12) The Chief Financial Officer Treasurer may adopt
7 any rule necessary to administer and implement this act with
8 respect to deferred compensation plans for state employees.
9 Section 131. Paragraph (h) of subsection (4) of
10 section 112.3144, Florida Statutes, is amended to read:
11 112.3144 Full and public disclosure of financial
12 interests.--
13 (4) Forms for compliance with the full and public
14 disclosure requirements of s. 8, Art. II of the State
15 Constitution shall be created by the Commission on Ethics. The
16 commission shall give notice of disclosure deadlines and
17 delinquencies and distribute forms in the following manner:
18 (h) Notwithstanding any provision of chapter 120, any
19 fine imposed under this subsection which is not waived by
20 final order of the commission and which remains unpaid more
21 than 60 days after the notice of payment due or more than 60
22 days after the commission renders a final order on the appeal
23 must be submitted to the Department of Financial Services
24 Banking and Finance as a claim, debt, or other obligation owed
25 to the state, and the department shall assign the collection
26 of such fine to a collection agent as provided in s. 17.20.
27 Section 132. Paragraph (i) of subsection (6) of
28 section 112.3145, Florida Statutes, is amended to read:
29 112.3145 Disclosure of financial interests and clients
30 represented before agencies.--
31
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1 (6) Forms for compliance with the disclosure
2 requirements of this section and a current list of persons
3 subject to disclosure shall be created by the commission and
4 provided to each supervisor of elections. The commission and
5 each supervisor of elections shall give notice of disclosure
6 deadlines and delinquencies and distribute forms in the
7 following manner:
8 (i) Notwithstanding any provision of chapter 120, any
9 fine imposed under this subsection which is not waived by
10 final order of the commission and which remains unpaid more
11 than 60 days after the notice of payment due or more than 60
12 days after the commission renders a final order on the appeal
13 must be submitted to the Department of Financial Services
14 Banking and Finance as a claim, debt, or other obligation owed
15 to the state, and the department shall assign the collection
16 of such a fine to a collection agent as provided in s. 17.20.
17 Section 133. Paragraph (c) of subsection (9) of
18 section 112.3189, Florida Statutes, is amended to read:
19 112.3189 Investigative procedures upon receipt of
20 whistle-blower information from certain state employees.--
21 (9)
22 (c) The Chief Inspector General shall transmit any
23 final report under this section, any comments provided by the
24 complainant, and any appropriate comments or recommendations
25 by the Chief Inspector General to the Governor, to the Joint
26 Legislative Auditing Committee, to the investigating agency,
27 and to the Chief Financial Officer Comptroller.
28 Section 134. Paragraph (e) of subsection (3) of
29 section 112.31895, Florida Statutes, is amended to read:
30 112.31895 Investigative procedures in response to
31 prohibited personnel actions.--
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1 (3) CORRECTIVE ACTION AND TERMINATION OF
2 INVESTIGATION.--
3 (e)1. The Florida Commission on Human Relations may
4 request an agency or circuit court to order a stay, on such
5 terms as the court requires, of any personnel action for 45
6 days if the Florida Commission on Human Relations determines
7 that reasonable grounds exist to believe that a prohibited
8 personnel action has occurred, is occurring, or is to be
9 taken. The Florida Commission on Human Relations may request
10 that such stay be extended for appropriate periods of time.
11 2. If, in connection with any investigation, the
12 Florida Commission on Human Relations determines that
13 reasonable grounds exist to believe that a prohibited action
14 has occurred, is occurring, or is to be taken which requires
15 corrective action, the Florida Commission on Human Relations
16 shall report the determination together with any findings or
17 recommendations to the agency head and may report that
18 determination and those findings and recommendations to the
19 Governor and the Chief Financial Officer Comptroller. The
20 Florida Commission on Human Relations may include in the
21 report recommendations for corrective action to be taken.
22 3. If, after 20 days, the agency does not implement
23 the recommended action, the Florida Commission on Human
24 Relations shall terminate the investigation and notify the
25 complainant of the right to appeal under subsection (4), or
26 may petition the agency for corrective action under this
27 subsection.
28 4. If the Florida Commission on Human Relations finds,
29 in consultation with the individual subject to the prohibited
30 action, that the agency has implemented the corrective action,
31 the commission shall file such finding with the agency head,
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1 together with any written comments that the individual
2 provides, and terminate the investigation.
3 Section 135. Paragraph (f) of subsection (5) of
4 section 112.3215, Florida Statutes, is amended to read:
5 112.3215 Lobbyists before the executive branch or the
6 Constitution Revision Commission; registration and reporting;
7 investigation by commission.--
8 (5)
9 (f) The commission shall provide by rule a procedure
10 by which a lobbyist who fails to timely file a report shall be
11 notified and assessed fines. The rule shall provide for the
12 following:
13 1. Upon determining that the report is late, the
14 person designated to review the timeliness of reports shall
15 immediately notify the lobbyist as to the failure to timely
16 file the report and that a fine is being assessed for each
17 late day. The fine shall be $50 per day per report for each
18 late day up to a maximum of $5,000 per late report.
19 2. Upon receipt of the report, the person designated
20 to review the timeliness of reports shall determine the amount
21 of the fine due based upon the earliest of the following:
22 a. When a report is actually received by the lobbyist
23 registration and reporting office.
24 b. When the report is postmarked.
25 c. When the certificate of mailing is dated.
26 d. When the receipt from an established courier
27 company is dated.
28 3. Such fine shall be paid within 30 days after the
29 notice of payment due is transmitted by the Lobbyist
30 Registration Office, unless appeal is made to the commission.
31
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1 The moneys shall be deposited into the Executive Branch Lobby
2 Registration Trust Fund.
3 4. A fine shall not be assessed against a lobbyist the
4 first time any reports for which the lobbyist is responsible
5 are not timely filed. However, to receive the one-time fine
6 waiver, all reports for which the lobbyist is responsible must
7 be filed within 30 days after the notice that any reports have
8 not been timely filed is transmitted by the Lobbyist
9 Registration Office. A fine shall be assessed for any
10 subsequent late-filed reports.
11 5. Any lobbyist may appeal or dispute a fine, based
12 upon unusual circumstances surrounding the failure to file on
13 the designated due date, and may request and shall be entitled
14 to a hearing before the commission, which shall have the
15 authority to waive the fine in whole or in part for good cause
16 shown. Any such request shall be made within 30 days after
17 the notice of payment due is transmitted by the Lobbyist
18 Registration Office. In such case, the lobbyist shall, within
19 the 30-day period, notify the person designated to review the
20 timeliness of reports in writing of his or her intention to
21 bring the matter before the commission.
22 6. The person designated to review the timeliness of
23 reports shall notify the commission of the failure of a
24 lobbyist to file a report after notice or of the failure of a
25 lobbyist to pay the fine imposed.
26 7. Notwithstanding any provision of chapter 120, any
27 fine imposed under this subsection that is not waived by final
28 order of the commission and that remains unpaid more than 60
29 days after the notice of payment due or more than 60 days
30 after the commission renders a final order on the lobbyist's
31 appeal shall be collected by the Department of Financial
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1 Services Banking and Finance as a claim, debt, or other
2 obligation owed to the state, and the department may assign
3 the collection of such fine to a collection agent as provided
4 in s. 17.20.
5 Section 136. Subsection (4) of section 112.63, Florida
6 Statutes, is amended to read:
7 112.63 Actuarial reports and statements of actuarial
8 impact; review.--
9 (4) Upon receipt, pursuant to subsection (2), of an
10 actuarial report, or upon receipt, pursuant to subsection (3),
11 of a statement of actuarial impact, the Department of
12 Management Services shall acknowledge such receipt, but shall
13 only review and comment on each retirement system's or plan's
14 actuarial valuations at least on a triennial basis. If the
15 department finds that the actuarial valuation is not complete,
16 accurate, or based on reasonable assumptions, or if the
17 department does not receive the actuarial report or statement
18 of actuarial impact, the department shall notify the local
19 government and request appropriate adjustment. If, after a
20 reasonable period of time, a satisfactory adjustment is not
21 made, the affected local government or the department may
22 petition for a hearing under the provisions of ss. 120.569 and
23 120.57. If the administrative law judge recommends in favor of
24 the department, the department shall perform an actuarial
25 review or prepare the statement of actuarial impact. The cost
26 to the department of performing such actuarial review or
27 preparing such statement shall be charged to the governmental
28 entity of which the employees are covered by the retirement
29 system or plan. If payment of such costs is not received by
30 the department within 60 days after receipt by the
31 governmental entity of the request for payment, the department
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1 shall certify to the Chief Financial Officer Comptroller the
2 amount due, and the Chief Financial Officer Comptroller shall
3 pay such amount to the department from any funds payable to
4 the governmental entity of which the employees are covered by
5 the retirement system or plan. If the administrative law
6 judge recommends in favor of the local retirement system and
7 the department performs an actuarial review, the cost to the
8 department of performing the actuarial review shall be paid by
9 the department.
10 Section 137. Section 114.03, Florida Statutes, is
11 amended to read:
12 114.03 Certain executive officers not to absent
13 themselves from the state.--The Secretary of State, Attorney
14 General, Chief Financial Officer Comptroller, Treasurer,
15 Commissioner of Education, and Commissioner of Agriculture
16 shall reside at the capital, and no member of the Cabinet
17 shall absent himself or herself from the state for a period of
18 60 consecutive days or more without the consent of the
19 Governor and a majority of the Cabinet. If a Cabinet officer
20 should refuse or fail to comply with and observe the
21 requirements of this section, his or her office may be deemed
22 vacant pursuant to paragraph (f) or paragraph (g) of s.
23 114.01(1), as appropriate.
24 Section 138. Section 116.03, Florida Statutes, is
25 amended to read:
26 116.03 Officers to report fees collected.--Each state
27 and county officer who receives all or any part of his or her
28 compensation in fees or commissions, or other remuneration,
29 shall keep a complete report of all fees and commissions, or
30 other remuneration collected, and shall make a report to the
31 Department of Financial Services Banking and Finance of all
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1 such fees and commissions, or other remuneration, annually on
2 December 31 of each and every year. Such report shall be made
3 upon forms to be prescribed from time to time by the
4 department, and shall show in detail the source, character and
5 amount of all his or her official expenses and the net amount
6 that the office has paid up to the time of making such report.
7 All officers shall make out, fill in and subscribe and
8 properly forward to the department such reports, and swear to
9 the accuracy and competency of such reports.
10 Section 139. Section 116.04, Florida Statutes, is
11 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 Department of
15 Financial Services Banking and Finance a report of all fees,
16 commissions, or other remuneration collected, as required by
17 law, or if any officer shall knowingly or willfully make false
18 or incomplete reports, or in any report violate any of the
19 provisions of s. 116.03 he or she shall be guilty of a
20 misdemeanor of the first degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 Section 140. Section 116.05, Florida Statutes, is
23 amended to read:
24 116.05 Examination and publication by Department of
25 Financial Services Banking and Finance.--The Department of
26 Financial Services Banking and Finance shall have examined and
27 verified any of the reports received under s. 116.03 whenever
28 in its judgment the same may be necessary, and the department
29 shall cause the matter and things in each of said reports to
30 be published one time in a newspaper published in the county
31 in which such report originated, in such form as it shall
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1 direct, and the expense of such publication shall be paid by
2 the county commissioners of such county.
3 Section 141. Section 116.06, Florida Statutes, is
4 amended to read:
5 116.06 Summary of reports; certain officers not
6 required to report fees.--A summary of all such reports shall
7 be included by the Department of Financial Services Banking
8 and Finance in its annual report to the Governor, except that
9 jurors and notaries public shall not be required to make such
10 reports as provided for in s. 116.03.
11 Section 142. Section 116.14, Florida Statutes, is
12 amended to read:
13 116.14 Receipts required from purchasers of state
14 property.--Upon the sale of any state property by the
15 superintendent and presidents of state institutions as
16 provided by law, they shall take receipt for the same from the
17 purchaser, which receipt shall be forwarded, together with the
18 proceeds of the sale, to the Chief Financial Officer State
19 Treasurer.
20 Section 143. Paragraph (c) of subsection (15) of
21 section 120.52, Florida Statutes, is amended to read:
22 120.52 Definitions.--As used in this act:
23 (15) "Rule" means each agency statement of general
24 applicability that implements, interprets, or prescribes law
25 or policy or describes the procedure or practice requirements
26 of an agency and includes any form which imposes any
27 requirement or solicits any information not specifically
28 required by statute or by an existing rule. The term also
29 includes the amendment or repeal of a rule. The term does not
30 include:
31 (c) The preparation or modification of:
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1 1. Agency budgets.
2 2. Statements, memoranda, or instructions to state
3 agencies issued by the Chief Financial Officer Comptroller as
4 chief fiscal officer of the state and relating or pertaining
5 to claims for payment submitted by state agencies to the Chief
6 Financial Officer Comptroller.
7 3. Contractual provisions reached as a result of
8 collective bargaining.
9 4. Memoranda issued by the Executive Office of the
10 Governor relating to information resources management.
11 Section 144. Section 120.80, Florida Statutes, is
12 amended to read:
13 120.80 Exceptions and special requirements;
14 agencies.--
15 (1) DIVISION OF ADMINISTRATIVE
16 HEARINGS.--Notwithstanding s. 120.57(1)(a), a hearing in which
17 the division is a party shall not be conducted by an
18 administrative law judge assigned by the division. An
19 attorney assigned by the Administration Commission shall be
20 the hearing officer.
21 (2) DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
22 (a) Marketing orders under chapter 527, chapter 573,
23 or chapter 601 are not rules.
24 (b) Notwithstanding s. 120.57(1)(a), hearings held by
25 the Department of Agriculture and Consumer Services pursuant
26 to chapter 601 need not be conducted by an administrative law
27 judge assigned by the division.
28 (3) DEPARTMENT OF FINANCIAL SERVICES BANKING AND
29 FINANCE.--
30
31
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1 (a) Notwithstanding s. 120.60(1), in proceedings for
2 the issuance, denial, renewal, or amendment of a license or
3 approval of a merger pursuant to title XXXVIII:
4 1.a. The Department of Financial Services Banking and
5 Finance shall have published in the Florida Administrative
6 Weekly notice of the application within 21 days after receipt.
7 b. Within 21 days after publication of notice, any
8 person may request a hearing. Failure to request a hearing
9 within 21 days after notice constitutes a waiver of any right
10 to a hearing. The Department of Financial Services Banking and
11 Finance or an applicant may request a hearing at any time
12 prior to the issuance of a final order. Hearings shall be
13 conducted pursuant to ss. 120.569 and 120.57, except that the
14 Department of Financial Services Banking and Finance shall by
15 rule provide for participation by the general public.
16 2. Should a hearing be requested as provided by
17 sub-subparagraph 1.b., the applicant or licensee shall publish
18 at its own cost a notice of the hearing in a newspaper of
19 general circulation in the area affected by the application.
20 The Department of Financial Services Banking and Finance may
21 by rule specify the format and size of the notice.
22 3. Notwithstanding s. 120.60(1), and except as
23 provided in subparagraph 4., every application for license for
24 a new bank, new trust company, new credit union, or new
25 savings and loan association shall be approved or denied
26 within 180 days after receipt of the original application or
27 receipt of the timely requested additional information or
28 correction of errors or omissions. Any application for such a
29 license or for acquisition of such control which is not
30 approved or denied within the 180-day period or within 30 days
31 after conclusion of a public hearing on the application,
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1 whichever is later, shall be deemed approved subject to the
2 satisfactory completion of conditions required by statute as a
3 prerequisite to license and approval of insurance of accounts
4 for a new bank, a new savings and loan association, or a new
5 credit union by the appropriate insurer.
6 4. In the case of every application for license to
7 establish a new bank, trust company, or capital stock savings
8 association in which a foreign national proposes to own or
9 control 10 percent or more of any class of voting securities,
10 and in the case of every application by a foreign national for
11 approval to acquire control of a bank, trust company, or
12 capital stock savings association, the Department of Financial
13 Services Banking and Finance shall request that a public
14 hearing be conducted pursuant to ss. 120.569 and 120.57.
15 Notice of such hearing shall be published by the applicant as
16 provided in subparagraph 2. The failure of any such foreign
17 national to appear personally at the hearing shall be grounds
18 for denial of the application. Notwithstanding the provisions
19 of s. 120.60(1) and subparagraph 3., every application
20 involving a foreign national shall be approved or denied
21 within 1 year after receipt of the original application or any
22 timely requested additional information or the correction of
23 any errors or omissions, or within 30 days after the
24 conclusion of the public hearing on the application, whichever
25 is later.
26 (b) In any application for a license or merger
27 pursuant to title XXXVIII which is referred by the agency to
28 the division for hearing, the administrative law judge shall
29 complete and submit to the agency and to all parties a written
30 report consisting of findings of fact and rulings on
31 evidentiary matters. The agency shall allow each party at
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1 least 10 days in which to submit written exceptions to the
2 report.
3 (c) Notwithstanding s. 120.60(1), every application
4 for a certificate of authority as required by s. 624.401 shall
5 be approved or denied within 180 days after receipt of the
6 original application. Any application for a certificate of
7 authority which is not approved or denied within the 180-day
8 period, or within 30 days after conclusion of a public hearing
9 held on the application, shall be deemed approved, subject to
10 the satisfactory completion of conditions required by statute
11 as a prerequisite to licensure.
12 (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL
13 REGULATION.--
14 (a) Business regulation.--The Division of Pari-mutuel
15 Wagering is exempt from the hearing and notice requirements of
16 ss. 120.569 and 120.57(1)(a), but only for stewards, judges,
17 and boards of judges when the hearing is to be held for the
18 purpose of the imposition of fines or suspensions as provided
19 by rules of the Division of Pari-mutuel Wagering, but not for
20 revocations, and only upon violations of subparagraphs 1.-6.
21 The Division of Pari-mutuel Wagering shall adopt rules
22 establishing alternative procedures, including a hearing upon
23 reasonable notice, for the following violations:
24 1. Horse riding, harness riding, greyhound
25 interference, and jai alai game actions in violation of
26 chapter 550.
27 2. Application and usage of drugs and medication to
28 horses, greyhounds, and jai alai players in violation of
29 chapter 550.
30 3. Maintaining or possessing any device which could be
31 used for the injection or other infusion of a prohibited drug
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1 to horses, greyhounds, and jai alai players in violation of
2 chapter 550.
3 4. Suspensions under reciprocity agreements between
4 the Division of Pari-mutuel Wagering and regulatory agencies
5 of other states.
6 5. Assault or other crimes of violence on premises
7 licensed for pari-mutuel wagering.
8 6. Prearranging the outcome of any race or game.
9 (b) Professional regulation.--Notwithstanding s.
10 120.57(1)(a), formal hearings may not be conducted by the
11 Secretary of Business and Professional Regulation or a board
12 or member of a board within the Department of Business and
13 Professional Regulation for matters relating to the regulation
14 of professions, as defined by chapter 455.
15 (5) FLORIDA LAND AND WATER ADJUDICATORY
16 COMMISSION.--Notwithstanding the provisions of s.
17 120.57(1)(a), when the Florida Land and Water Adjudicatory
18 Commission receives a notice of appeal pursuant to s. 380.07,
19 the commission shall notify the division within 60 days after
20 receipt of the notice of appeal if the commission elects to
21 request the assignment of an administrative law judge.
22 (6) DEPARTMENT OF LAW ENFORCEMENT.--Law enforcement
23 policies and procedures of the Department of Law Enforcement
24 which relate to the following are not rules as defined by this
25 chapter:
26 (a) The collection, management, and dissemination of
27 active criminal intelligence information and active criminal
28 investigative information; management of criminal
29 investigations; and management of undercover investigations
30 and the selection, assignment, and fictitious identity of
31 undercover personnel.
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1 (b) The recruitment, management, identity, and
2 remuneration of confidential informants or sources.
3 (c) Surveillance techniques, the selection of
4 surveillance personnel, and electronic surveillance, including
5 court-ordered and consensual interceptions of communication
6 conducted pursuant to chapter 934.
7 (d) The safety and release of hostages.
8 (e) The provision of security and protection to public
9 figures.
10 (f) The protection of witnesses.
11 (7) DEPARTMENT OF CHILDREN AND FAMILY
12 SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted
13 within the Department of Children and Family Services in the
14 execution of those social and economic programs administered
15 by the former Division of Family Services of the former
16 Department of Health and Rehabilitative Services prior to the
17 reorganization effected by chapter 75-48, Laws of Florida,
18 need not be conducted by an administrative law judge assigned
19 by the division.
20 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
21 (a) Drivers' licenses.--
22 1. Notwithstanding s. 120.57(1)(a), hearings regarding
23 drivers' licensing pursuant to chapter 322 need not be
24 conducted by an administrative law judge assigned by the
25 division.
26 2. Notwithstanding s. 120.60(5), cancellation,
27 suspension, or revocation of a driver's license shall be by
28 personal delivery to the licensee or by first-class mail as
29 provided in s. 322.251.
30 (b) Wrecker operators.--Notwithstanding s.
31 120.57(1)(a), hearings held by the Division of the Florida
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1 Highway Patrol of the Department of Highway Safety and Motor
2 Vehicles to deny, suspend, or remove a wrecker operator from
3 participating in the wrecker rotation system established by s.
4 321.051 need not be conducted by an administrative law judge
5 assigned by the division. These hearings shall be held by a
6 hearing officer appointed by the director of the Division of
7 the Florida Highway Patrol.
8 (9) DEPARTMENT OF INSURANCE.--Notwithstanding s.
9 120.60(1), every application for a certificate of authority as
10 required by s. 624.401 shall be approved or denied within 180
11 days after receipt of the original application. Any
12 application for a certificate of authority which is not
13 approved or denied within the 180-day period, or within 30
14 days after conclusion of a public hearing held on the
15 application, shall be deemed approved, subject to the
16 satisfactory completion of conditions required by statute as a
17 prerequisite to licensure.
18 (9)(10) DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.--
19 (a) Unemployment compensation.--
20 1. Notwithstanding s. 120.54, the rulemaking
21 provisions of this chapter do not apply to unemployment
22 compensation appeals referees.
23 2. Notwithstanding s. 120.57(1)(a), hearings may be
24 conducted by the Unemployment Appeals Commission in
25 unemployment compensation appeals, unemployment compensation
26 appeals referees, and special deputies pursuant to s. 443.141.
27 (b) Workers' compensation.--Notwithstanding s.
28 120.52(1), a judge of compensation claims, in the adjudication
29 of matters pursuant to chapter 440, shall not be considered an
30 agency or part of an agency for the purposes of this chapter.
31
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1 (10)(11) NATIONAL GUARD.--Notwithstanding s.
2 120.52(15), the enlistment, organization, administration,
3 equipment, maintenance, training, and discipline of the
4 militia, National Guard, organized militia, and unorganized
5 militia, as provided by s. 2, Art. X of the State
6 Constitution, are not rules as defined by this chapter.
7 (11)(12) PUBLIC EMPLOYEES RELATIONS COMMISSION.--
8 (a) Notwithstanding s. 120.57(1)(a), hearings within
9 the jurisdiction of the Public Employees Relations Commission
10 need not be conducted by an administrative law judge assigned
11 by the division.
12 (b) Section 120.60 does not apply to certification of
13 employee organizations pursuant to s. 447.307.
14 (12)(13) FLORIDA PUBLIC SERVICE COMMISSION.--
15 (a) Agency statements that relate to cost-recovery
16 clauses, factors, or mechanisms implemented pursuant to
17 chapter 366, relating to public utilities, are exempt from the
18 provisions of s. 120.54(1)(a).
19 (b) Notwithstanding ss. 120.569 and 120.57, a hearing
20 on an objection to proposed action of the Florida Public
21 Service Commission may only address the issues in dispute.
22 Issues in the proposed action which are not in dispute are
23 deemed stipulated.
24 (c) The Florida Public Service Commission is exempt
25 from the time limitations in s. 120.60(1) when issuing a
26 license.
27 (d) Notwithstanding the provisions of this chapter, in
28 implementing the Telecommunications Act of 1996, Pub. L. No.
29 104-104, the Public Service Commission is authorized to employ
30 procedures consistent with that act.
31
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1 (e) Notwithstanding the provisions of this chapter, s.
2 350.128, or s. 364.381, appellate jurisdiction for Public
3 Service Commission decisions that implement the
4 Telecommunications Act of 1996, Pub. L. No. 104-104, shall be
5 consistent with the provisions of that act.
6 (f) Notwithstanding any provision of this chapter, all
7 public utilities and companies regulated by the Public Service
8 Commission shall be entitled to proceed under the interim rate
9 provisions of chapter 364 or the procedures for interim rates
10 contained in chapter 74-195, Laws of Florida, or as otherwise
11 provided by law.
12 (13)(14) DEPARTMENT OF REVENUE.--
13 (a) Assessments.--An assessment of tax, penalty, or
14 interest by the Department of Revenue is not a final order as
15 defined by this chapter. Assessments by the Department of
16 Revenue shall be deemed final as provided in the statutes and
17 rules governing the assessment and collection of taxes.
18 (b) Taxpayer contest proceedings.--
19 1. In any administrative proceeding brought pursuant
20 to this chapter as authorized by s. 72.011(1), the taxpayer
21 shall be designated the "petitioner" and the Department of
22 Revenue shall be designated the "respondent," except that for
23 actions contesting an assessment or denial of refund under
24 chapter 207, the Department of Highway Safety and Motor
25 Vehicles shall be designated the "respondent," and for actions
26 contesting an assessment or denial of refund under chapters
27 210, 550, 561, 562, 563, 564, and 565, the Department of
28 Business and Professional Regulation shall be designated the
29 "respondent."
30 2. In any such administrative proceeding, the
31 applicable department's burden of proof, except as otherwise
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1 specifically provided by general law, shall be limited to a
2 showing that an assessment has been made against the taxpayer
3 and the factual and legal grounds upon which the applicable
4 department made the assessment.
5 3.a. Prior to filing a petition under this chapter,
6 the taxpayer shall pay to the applicable department the amount
7 of taxes, penalties, and accrued interest assessed by that
8 department which are not being contested by the taxpayer.
9 Failure to pay the uncontested amount shall result in the
10 dismissal of the action and imposition of an additional
11 penalty of 25 percent of the amount taxed.
12 b. The requirements of s. 72.011(2) and (3)(a) are
13 jurisdictional for any action under this chapter to contest an
14 assessment or denial of refund by the Department of Revenue,
15 the Department of Highway Safety and Motor Vehicles, or the
16 Department of Business and Professional Regulation.
17 4. Except as provided in s. 220.719, further
18 collection and enforcement of the contested amount of an
19 assessment for nonpayment or underpayment of any tax,
20 interest, or penalty shall be stayed beginning on the date a
21 petition is filed. Upon entry of a final order, an agency may
22 resume collection and enforcement action.
23 5. The prevailing party, in a proceeding under ss.
24 120.569 and 120.57 authorized by s. 72.011(1), may recover all
25 legal costs incurred in such proceeding, including reasonable
26 attorney's fees, if the losing party fails to raise a
27 justiciable issue of law or fact in its petition or response.
28 6. Upon review pursuant to s. 120.68 of final agency
29 action concerning an assessment of tax, penalty, or interest
30 with respect to a tax imposed under chapter 212, or the denial
31 of a refund of any tax imposed under chapter 212, if the court
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1 finds that the Department of Revenue improperly rejected or
2 modified a conclusion of law, the court may award reasonable
3 attorney's fees and reasonable costs of the appeal to the
4 prevailing appellant.
5 (c) Proceedings for administrative child support
6 orders.--Notwithstanding the provisions of s. 120.569 or s.
7 120.57 to the contrary, in proceedings for the establishment
8 of administrative support orders pursuant to s. 409.2563,
9 final orders in cases referred by the Department of Revenue to
10 the Division of Administrative Hearings shall be entered by
11 the division's administrative law judge and transmitted to the
12 Department of Revenue for filing and indexing. The Department
13 of Revenue has the right to seek judicial review of a final
14 order entered by an administrative law judge. Administrative
15 support orders rendered pursuant to s. 409.2563 may be
16 enforced pursuant to s. 120.69 or, alternatively, by any
17 method prescribed by law for the enforcement of judicial
18 support orders, except contempt.
19 (14)(15) DEPARTMENT OF HEALTH.--Notwithstanding s.
20 120.57(1)(a), formal hearings may not be conducted by the
21 Secretary of Health, the Secretary of Health Care
22 Administration, or a board or member of a board within the
23 Department of Health or the Agency for Health Care
24 Administration for matters relating to the regulation of
25 professions, as defined by chapter 456. Notwithstanding s.
26 120.57(1)(a), hearings conducted within the Department of
27 Health in execution of the Special Supplemental Nutrition
28 Program for Women, Infants, and Children; Child Care Food
29 Program; Children's Medical Services Program; the Brain and
30 Spinal Cord Injury Program; and the exemption from
31 disqualification reviews for certified nurse assistants
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1 program need not be conducted by an administrative law judge
2 assigned by the division. The Department of Health may
3 contract with the Department of Children and Family Services
4 for a hearing officer in these matters.
5 (15)(16) DEPARTMENT OF ENVIRONMENTAL
6 PROTECTION.--Notwithstanding the provisions of s.
7 120.54(1)(d), the Department of Environmental Protection, in
8 undertaking rulemaking to establish best available control
9 technology, lowest achievable emissions rate, or case-by-case
10 maximum available control technology for purposes of s.
11 403.08725, shall not adopt the lowest regulatory cost
12 alternative if such adoption would prevent the agency from
13 implementing federal requirements.
14 (16)(17) FLORIDA BUILDING COMMISSION.--
15 (a) Notwithstanding the provisions of s. 120.542, the
16 Florida Building Commission may not accept a petition for
17 waiver or variance and may not grant any waiver or variance
18 from the requirements of the Florida Building Code.
19 (b) The Florida Building Commission shall adopt within
20 the Florida Building Code criteria and procedures for
21 alternative means of compliance with the code or local
22 amendments thereto, for enforcement by local governments,
23 local enforcement districts, or other entities authorized by
24 law to enforce the Florida Building Code. Appeals from the
25 denial of the use of alternative means shall be heard by the
26 local board, if one exists, and may be appealed to the Florida
27 Building Commission.
28 Section 145. Section 121.0312, Florida Statutes, is
29 amended to read:
30 121.0312 Review; actuarial valuation report;
31 contribution rate determination process.--The Governor, Chief
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1 Financial Officer Comptroller, and Attorney General Treasurer,
2 sitting as the Board of Trustees of the State Board of
3 Administration, shall review the actuarial valuation report
4 prepared in accordance with the provisions of this chapter.
5 The board shall review the process by which Florida Retirement
6 System contribution rates are determined and recommend and
7 submit any comments regarding the process to the Legislature.
8 Section 146. Paragraph (e) of subsection (1) of
9 section 121.055, Florida Statutes, is amended to read:
10 121.055 Senior Management Service Class.--There is
11 hereby established a separate class of membership within the
12 Florida Retirement System to be known as the "Senior
13 Management Service Class," which shall become effective
14 February 1, 1987.
15 (1)
16 (e) Effective January 1, 1991, participation in the
17 Senior Management Service Class shall be compulsory for the
18 number of senior managers who have policymaking authority with
19 the State Board of Administration, as determined by the
20 Governor, Chief Financial Officer Treasurer, and Attorney
21 General Comptroller acting as the State Board of
22 Administration, unless such member elects to participate in
23 the Senior Management Service Optional Annuity Program as
24 established in subsection (6) in lieu of participation in the
25 Senior Management Service Class. Such election shall be made
26 in writing and filed with the division and the personnel
27 officer of the State Board of Administration within 90 days
28 after becoming eligible for membership in the Senior
29 Management Service Class.
30 Section 147. Paragraph (a) of subsection (2) of
31 section 121.061, Florida Statutes, is amended to read:
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1 121.061 Funding.--
2 (2)(a) Should any employer other than a state employer
3 fail to make the retirement and social security contributions,
4 both member and employer contributions, required by this
5 chapter, then, upon request by the administrator, the
6 Department of Revenue or the Department of Financial Services
7 Banking and Finance, as the case may be, shall deduct the
8 amount owed by the employer from any funds to be distributed
9 by it to the county, city, special district, or consolidated
10 form of government. The amounts so deducted shall be
11 transferred to the administrator for further distribution to
12 the trust funds in accordance with this chapter.
13 Section 148. Section 121.133, Florida Statutes, is
14 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 149. Paragraph (b) of subsection (12) of
30 section 121.4501, Florida Statutes, is amended to read:
31
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1 121.4501 Public Employee Optional Retirement
2 Program.--
3 (12) ADVISORY COMMITTEES TO PROVIDE ADVICE AND
4 ASSISTANCE.--The Investment Advisory Council and the Public
5 Employee Optional Retirement Program Advisory Committee shall
6 assist the board in implementing and administering the Public
7 Employee Optional Retirement Program.
8 (b)1. The Public Employee Optional Retirement Program
9 Advisory Committee shall be composed of seven members. The
10 President of the Senate shall appoint two members, the Speaker
11 of the House of Representatives shall appoint two members, the
12 Governor shall appoint two members one member, the Treasurer
13 shall appoint one member, and the Chief Financial Officer
14 Comptroller shall appoint one member. On January 7, 2003, the
15 term of office of the member appointed by the Treasurer and of
16 the member appointed by the Comptroller expires; and the Chief
17 Financial Officer shall choose one of those members for
18 reappointment for the remainder of the term. The members of
19 the advisory committee shall elect a member as chair. The
20 appointments shall be made by September 1, 2000, and the
21 committee shall meet to organize by October 1, 2000. The
22 initial appointments shall be for a term of 24 months. Each
23 appointing authority shall fill any vacancy occurring among
24 its appointees for the remainder of the original term.
25 2. The advisory committee shall make recommendations
26 on the selection of the third-party administrator, the
27 education providers, and the investment products and
28 providers. The committee's recommendations on the third-party
29 administrator must be forwarded to the Trustees of the State
30 Board of Administration by January 1, 2001. The
31
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1 recommendations on the education providers must be forwarded
2 to the trustees by April 1, 2001.
3 3. The advisory committee's recommendations and
4 activities shall be guided by the best interests of the
5 employees, considering the interests of employers, and the
6 intent of the Legislature in establishing the Public Employee
7 Optional Retirement Program.
8 4. The staff of the state board and the department
9 shall assist the advisory committee.
10 Section 150. Paragraphs (a) and (b) of subsection (11)
11 of section 125.0104, Florida Statutes, are amended to read:
12 125.0104 Tourist development tax; procedure for
13 levying; authorized uses; referendum; enforcement.--
14 (11) INTEREST PAID ON DISTRIBUTIONS.--
15 (a) Interest shall be paid on undistributed taxes
16 collected and remitted to the Department of Revenue under this
17 section. Such interest shall be included along with the tax
18 proceeds distributed to the counties and shall be paid from
19 moneys transferred from the General Revenue Fund. The
20 department shall calculate the interest for net tax
21 distributions using the average daily rate that was earned by
22 the State Treasury for the preceding calendar quarter and paid
23 to the General Revenue Fund. This rate shall be certified by
24 the Chief Financial Officer Treasurer to the department by the
25 20th day following the close of each quarter.
26 (b) The interest applicable to taxes collected under
27 this section shall be calculated by multiplying the tax
28 amounts to be distributed times the daily rate times the
29 number of days after the third working day following the date
30 the tax is due and payable pursuant to s. 212.11 until the
31 date the department issues a voucher to request the Chief
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1 Financial Officer Comptroller to issue the payment warrant.
2 The warrant shall be issued within 7 days after the request.
3 Section 151. Paragraph (b) of subsection (2) of
4 section 129.201, Florida Statutes, is amended to read:
5 129.201 Budget of supervisor of elections; manner and
6 time of preparation and presentation.--
7 (2)
8 (b) To the extent appropriate, the budget shall be
9 further itemized in conformance with the Uniform Accounting
10 System for Local Units of Government in Florida adopted
11 promulgated by rule of the Chief Financial Officer Comptroller
12 of the state.
13 Section 152. Section 131.05, Florida Statutes, is
14 amended to read:
15 131.05 Disposition of proceeds of sale.--In the event
16 refunding bonds are issued under the provisions of this
17 chapter prior to the date of maturity or option date of the
18 obligations proposed to be refunded, the proceeds of said
19 refunding bonds shall be deposited in a bank or trust company
20 within the state, which depository shall give a surety bond,
21 or other such bonds as are authorized by law to be accepted
22 for securing county and city funds, satisfactory to the
23 Department of Financial Services Banking and Finance for the
24 full amount of money so deposited, and the funds so deposited
25 shall only be withdrawn with the approval of the department,
26 for the purpose of paying the obligations to refund which said
27 bonds were issued.
28 Section 153. Section 137.09, Florida Statutes, is
29 amended to read:
30 137.09 Justification and approval of bonds.--Each
31 surety upon every bond of any county officer shall make
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1 affidavit that he or she is a resident of the county for which
2 the officer is to be commissioned, and that he or she has
3 sufficient visible property therein unencumbered and not
4 exempt from sale under legal process to make good his or her
5 bond. Every such bond shall be approved by the board of
6 county commissioners and by the Department of Financial
7 Services Banking and Finance when they and it are satisfied in
8 their judgment that the same is legal, sufficient, and proper
9 to be approved.
10 Section 154. Section 145.141, Florida Statutes, is
11 amended to read:
12 145.141 Deficiency to be paid by board of county
13 commissioners.--Should any county officer have insufficient
14 revenue from the income of his or her office, after paying
15 office personnel and expenses, to pay his or her total annual
16 salary, the board of county commissioners shall pay any
17 deficiency in salary from the general revenue fund and notify
18 the Department of Financial Services Banking and Finance. The
19 deficiency shall be listed in the comptroller's annual report
20 of county finances and county fee officers.
21 Section 155. Subsections (1) and (2) of section
22 154.02, Florida Statutes, are amended to read:
23 154.02 County Health Department Trust Fund.--
24 (1) To enable counties to provide public health
25 services and maintain public health equipment and facilities,
26 each county in the state with a population exceeding 100,000,
27 according to the last state census, may levy an annual tax not
28 exceeding 0.5 mill; each county in the state with a population
29 exceeding 40,000 and not exceeding 100,000, according to the
30 last state census, may levy an annual tax not exceeding 1
31 mill; and each county in the state with a population not
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1 exceeding 40,000, according to the last state census, may levy
2 an annual tax not exceeding 2 mills, on the dollar on all
3 taxable property in such county, the proceeds of which tax, if
4 so contracted with the state, shall be paid to the Chief
5 Financial Officer Treasurer. However, the board of county
6 commissioners may elect to pay in 12 equal monthly
7 installments. Such funds in the hands of the Chief Financial
8 Officer Treasurer shall be placed in the county health
9 department trust funds of the county by which such funds were
10 raised, and such funds shall be expended by the Department of
11 Health solely for the purpose of carrying out the intent and
12 object of the public health contract.
13 (2) The Chief Financial Officer Treasurer shall
14 maintain a full-time County Health Department Trust Fund which
15 shall contain all state and local funds to be expended by
16 county health departments. Such funds shall be expended by
17 the Department of Health solely for the purposes of carrying
18 out the intent and purpose of this part. Federal funds may be
19 deposited in the trust fund.
20 Section 156. Subsection (1) of section 154.03, Florida
21 Statutes, is amended to read:
22 154.03 Cooperation with Department of Health and
23 United States Government.--
24 (1) The county commissioners of any county may agree
25 with the Department of Health upon the expenditure by the
26 department in such county of any funds allotted for that
27 purpose by the department or received by it for such purposes
28 from private contributions or other sources, and such funds
29 shall be paid to the Chief Financial Officer Treasurer and
30 shall form a part of the full-time county health department
31 trust fund of such county; and such funds shall be expended by
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1 the department solely for the purposes of this chapter. The
2 department is further authorized to arrange and agree with the
3 United States Government, through its duly authorized
4 officials, for the allocation and expenditure by the United
5 States of funds of the United States in the study of causes of
6 disease and prevention thereof in such full-time county health
7 departments when and where established by the department under
8 this part.
9 Section 157. Section 154.05, Florida Statutes, is
10 amended to read:
11 154.05 Cooperation and agreements between
12 counties.--Two or more counties may combine in the
13 establishment and maintenance of a single full-time county
14 health department for the counties which combine for that
15 purpose; and, pursuant to such combination or agreement, such
16 counties may cooperate with one another and the Department of
17 Health and contribute to a joint fund in carrying out the
18 purpose and intent of this chapter. The duration and nature
19 of such agreement shall be evidenced by resolutions of the
20 boards of county commissioners of such counties and shall be
21 submitted to and approved by the department. In the event of
22 any such agreement, a full-time county health department shall
23 be established and maintained by the department in and for the
24 benefit of the counties which have entered into such an
25 agreement; and, in such case, the funds raised by taxation
26 pursuant to this chapter by each such county shall be paid to
27 the Chief Financial Officer Treasurer for the account of the
28 department and shall be known as the full-time county health
29 department trust fund of the counties so cooperating. Such
30 trust funds shall be used and expended by the department for
31 the purposes specified in this chapter in each county which
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1 has entered into such agreement. In case such an agreement is
2 entered into between two or more counties, the work
3 contemplated by this chapter shall be done by a single
4 full-time county health department in the counties so
5 cooperating; and the nature, extent, and location of such work
6 shall be under the control and direction of the department.
7 Section 158. Subsection (2) of section 154.06, Florida
8 Statutes, is amended to read:
9 154.06 Fees and services rendered; authority.--
10 (2) All funds collected under this section shall be
11 expended solely for the purpose of providing health services
12 and facilities within the county served by the county health
13 department. Fees collected by county health departments
14 pursuant to department rules shall be deposited with the Chief
15 Financial Officer Treasurer and credited to the County Health
16 Department Trust Fund. Fees collected by the county health
17 department for public health services or personal health
18 services shall be allocated to the state and the county based
19 upon the pro rata share of funding for each such service. The
20 board of county commissioners, if it has so contracted, shall
21 provide for the transmittal of funds collected for its pro
22 rata share of personal health services or primary care
23 services rendered under the provisions of this section to the
24 State Treasury for credit to the County Health Department
25 Trust Fund, but in any event the proceeds from such fees may
26 only be used to fund county health department services.
27 Section 159. Paragraphs (d) and (e) of subsection (17)
28 of section 154.209, Florida Statutes, are amended to read:
29 154.209 Powers of authority.--The purpose of the
30 authority shall be to assist health facilities in the
31 acquisition, construction, financing, and refinancing of
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1 projects in any corporated or unincorporated area within the
2 geographical limits of the local agency. For this purpose,
3 the authority is authorized and empowered:
4 (17) To issue special obligation revenue bonds for the
5 purpose of establishing and maintaining the self-insurance
6 pool and to provide reserve funds in connection therewith,
7 such bonds to be payable from funds available in the pool from
8 time to time or from assessments against participating health
9 facilities for the purpose of providing required contributions
10 to the fund. With respect to the issuance of such bonds or
11 notes the following provisions shall apply:
12 (d) Any self-insurance pool funded pursuant to this
13 section shall maintain excess insurance which provides
14 specific and aggregate limits and a retention level determined
15 in accordance with sound actuarial principles. The Department
16 of Financial Services Insurance may waive this requirement if
17 the fund demonstrates that its operation is and will be
18 actuarially sound without obtaining excess insurance.
19 (e) Prior to the issuance of any bonds pursuant to
20 this section for the purpose of acquiring liability coverage
21 contracts from the self-insurance pool, the Department of
22 Financial Services Insurance shall certify that excess
23 liability coverage for the health facility is reasonably
24 unobtainable in the amounts provided by such pool or that the
25 liability coverage obtained through acquiring contracts from
26 the self-insurance pool, after taking into account costs of
27 issuance of bonds and any other administrative fees, is less
28 expensive to the health facility than similar commercial
29 coverage then reasonably available.
30 Section 160. Section 154.314, Florida Statutes, is
31 amended to read:
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1 154.314 Certification of the State of Florida.--
2 (1) In the event payment for the costs of services
3 rendered by a participating hospital or a regional referral
4 hospital is not received from the responsible county within 90
5 days of receipt of a statement for services rendered to a
6 qualified indigent who is a certified resident of the county,
7 or if the payment is disputed and said payment is not received
8 from the county determined to be responsible within 60 days of
9 the date of exhaustion of all administrative and legal
10 remedies, the hospital shall certify to the Chief Financial
11 Officer Comptroller the amount owed by the county.
12 (2) The Chief Financial Officer Comptroller shall have
13 no longer than 45 days from the date of receiving the
14 hospital's certified notice to forward the amount delinquent
15 to the appropriate hospital from any funds due to the county
16 under any revenue-sharing or tax-sharing fund established by
17 the state, except as otherwise provided by the State
18 Constitution. The Chief Financial Officer Comptroller shall
19 provide the Governor and the fiscal committees in the House of
20 Representatives and the Senate with a quarterly accounting of
21 the amounts certified by hospitals as owed by counties and the
22 amount paid to hospitals out of any revenue or tax sharing
23 funds due to the county.
24 Section 161. Paragraph (e) of subsection (7) of
25 section 163.01, Florida Statutes, is amended to read:
26 163.01 Florida Interlocal Cooperation Act of 1969.--
27 (7)
28 (e)1. Notwithstanding the provisions of paragraph (c),
29 any separate legal entity, created pursuant to the provisions
30 of this section and controlled by counties or municipalities
31 of this state, the membership of which consists or is to
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1 consist only of public agencies of this state, may, for the
2 purpose of financing acquisition of liability coverage
3 contracts from one or more local government liability pools to
4 provide liability coverage for counties, municipalities, or
5 other public agencies of this state, exercise all powers in
6 connection with the authorization, issuance, and sale of
7 bonds. All of the privileges, benefits, powers, and terms of
8 s. 125.01 relating to counties and s. 166.021 relating to
9 municipalities shall be fully applicable to such entity and
10 such entity shall be considered a unit of local government for
11 all of the privileges, benefits, powers, and terms of part I
12 of chapter 159. Bonds issued by such entity shall be deemed
13 issued on behalf of counties, municipalities, or public
14 agencies which enter into loan agreements with such entity as
15 provided in this paragraph. Proceeds of bonds issued by such
16 entity may be loaned to counties, municipalities, or other
17 public agencies of this state, whether or not such counties,
18 municipalities, or other public agencies are also members of
19 the entity issuing the bonds, and such counties,
20 municipalities, or other public agencies may in turn deposit
21 such loan proceeds with a separate local government liability
22 pool for purposes of acquiring liability coverage contracts.
23 2. Counties or municipalities of this state are
24 authorized pursuant to this section, in addition to the
25 authority provided by s. 125.01, part II of chapter 166, and
26 other applicable law, to issue bonds for the purpose of
27 acquiring liability coverage contracts from a local government
28 liability pool. Any individual county or municipality may, by
29 entering into interlocal agreements with other counties,
30 municipalities, or public agencies of this state, issue bonds
31 on behalf of itself and other counties, municipalities, or
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1 other public agencies, for purposes of acquiring a liability
2 coverage contract or contracts from a local government
3 liability pool. Counties, municipalities, or other public
4 agencies are also authorized to enter into loan agreements
5 with any entity created pursuant to subparagraph 1., or with
6 any county or municipality issuing bonds pursuant to this
7 subparagraph, for the purpose of obtaining bond proceeds with
8 which to acquire liability coverage contracts from a local
9 government liability pool. No county, municipality, or other
10 public agency shall at any time have more than one loan
11 agreement outstanding for the purpose of obtaining bond
12 proceeds with which to acquire liability coverage contracts
13 from a local government liability pool. Obligations of any
14 county, municipality, or other public agency of this state
15 pursuant to a loan agreement as described above may be
16 validated as provided in chapter 75. Prior to the issuance of
17 any bonds pursuant to subparagraph 1. or this subparagraph for
18 the purpose of acquiring liability coverage contracts from a
19 local government liability pool, the reciprocal insurer or the
20 manager of any self-insurance program shall demonstrate to the
21 satisfaction of the Department of Financial Services Insurance
22 that excess liability coverage for counties, municipalities,
23 or other public agencies is reasonably unobtainable in the
24 amounts provided by such pool or that the liability coverage
25 obtained through acquiring contracts from a local government
26 liability pool, after taking into account costs of issuance of
27 bonds and any other administrative fees, is less expensive to
28 counties, municipalities, or special districts than similar
29 commercial coverage then reasonably available.
30 3. Any entity created pursuant to this section or any
31 county or municipality may also issue bond anticipation notes,
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1 as provided by s. 215.431, in connection with the
2 authorization, issuance, and sale of such bonds. In addition,
3 the governing body of such legal entity or the governing body
4 of such county or municipality may also authorize bonds to be
5 issued and sold from time to time and may delegate, to such
6 officer, official, or agent of such legal entity as the
7 governing body of such legal entity may select, the power to
8 determine the time; manner of sale, public or private;
9 maturities; rate or rates of interest, which may be fixed or
10 may vary at such time or times and in accordance with a
11 specified formula or method of determination; and other terms
12 and conditions as may be deemed appropriate by the officer,
13 official, or agent so designated by the governing body of such
14 legal entity. However, the amounts and maturities of such
15 bonds and the interest rate or rates of such bonds shall be
16 within the limits prescribed by the governing body of such
17 legal entity and its resolution delegating to such officer,
18 official, or agent the power to authorize the issuance and
19 sale of such bonds. Any series of bonds issued pursuant to
20 this paragraph shall mature no later than 7 years following
21 the date of issuance thereof.
22 4. Bonds issued pursuant to subparagraph 1. may be
23 validated as provided in chapter 75. The complaint in any
24 action to validate such bonds shall be filed only in the
25 Circuit Court for Leon County. The notice required to be
26 published by s. 75.06 shall be published in Leon County and in
27 each county which is an owner of the entity issuing the bonds,
28 or in which a member of the entity is located, and the
29 complaint and order of the circuit court shall be served only
30 on the State Attorney of the Second Judicial Circuit and on
31 the state attorney of each circuit in each county or
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1 municipality which is an owner of the entity issuing the bonds
2 or in which a member of the entity is located.
3 5. Bonds issued pursuant to subparagraph 2. may be
4 validated as provided in chapter 75. The complaint in any
5 action to validate such bonds shall be filed in the circuit
6 court of the county or municipality which will issue the
7 bonds. The notice required to be published by s. 75.06 shall
8 be published only in the county where the complaint is filed,
9 and the complaint and order of the circuit court shall be
10 served only on the state attorney of the circuit in the county
11 or municipality which will issue the bonds.
12 6. The participation by any county, municipality, or
13 other public agency of this state in a local government
14 liability pool shall not be deemed a waiver of immunity to the
15 extent of liability coverage, nor shall any contract entered
16 regarding such a local government liability pool be required
17 to contain any provision for waiver.
18 Section 162. Subsections (4), (5), (6), (7), (8), and
19 (9) of section 163.05, Florida Statutes, are amended to read:
20 163.05 Small County Technical Assistance Program.--
21 (4) The Chief Financial Officer Comptroller shall
22 enter into contracts with program providers who shall:
23 (a) Be a public agency or private, nonprofit
24 corporation, association, or entity.
25 (b) Use existing resources, services, and information
26 that are available from state or local agencies, universities,
27 or the private sector.
28 (c) Seek and accept funding from any public or private
29 source.
30 (d) Annually submit information to assist the
31 Legislative Committee on Intergovernmental Relations in
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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 163. Subsections (4), (5), (6), (7), (8), and
4 (9) of section 163.055, Florida Statutes, are amended to read:
5 163.055 Local Government Financial Technical
6 Assistance Program.--
7 (4) The Chief Financial Officer Comptroller shall
8 enter into contracts with program providers who shall:
9 (a) Be a public agency or private, nonprofit
10 corporation, association, or entity.
11 (b) Use existing resources, services, and information
12 that are available from state or local agencies, universities,
13 or the private sector.
14 (c) Seek and accept funding from any public or private
15 source.
16 (d) Annually submit information to assist the
17 Legislative Committee on Intergovernmental Relations in
18 preparing a performance review that will include an analysis
19 of the effectiveness of the program.
20 (e) Assist municipalities and independent special
21 districts in developing alternative revenue sources.
22 (f) Provide for an annual independent financial audit
23 of the program, if the program receives funding.
24 (g) Provide assistance to municipalities and special
25 districts in the areas of financial management, accounting,
26 investing, budgeting, and debt issuance.
27 (h) Develop a needs assessment to determine where
28 assistance should be targeted, and to establish a priority
29 system to deliver assistance to those jurisdictions most in
30 need through the most economical means available.
31
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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 164. Subsection (6) of section 163.3167,
23 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 165. Subsection (1) of section 175.101,
17 Florida Statutes, is amended to read:
18 175.101 State excise tax on property insurance
19 premiums authorized; procedure.--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:
23 (1) Each municipality or special fire control district
24 in this state described and classified in s. 175.041, having a
25 lawfully established firefighters' pension trust fund or
26 municipal fund or special fire control district fund, by
27 whatever name known, providing pension benefits to
28 firefighters as provided under this chapter, may assess and
29 impose on every insurance company, corporation, or other
30 insurer now engaged in or carrying on, or who shall
31 hereinafter engage in or carry on, the business of property
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1 insurance as shown by the records of the Department of
2 Financial Services Insurance an excise tax in addition to any
3 lawful license or excise tax now levied by each of the
4 municipalities or special fire control districts,
5 respectively, amounting to 1.85 percent of the gross amount of
6 receipts of premiums from policyholders on all premiums
7 collected on property insurance policies covering property
8 within the corporate limits of such municipalities or within
9 the legally defined boundaries of special fire control
10 districts, respectively. Whenever the boundaries of a special
11 fire control district that has lawfully established a
12 firefighters' pension trust fund encompass a portion of the
13 corporate territory of a municipality that has also lawfully
14 established a firefighters' pension trust fund, that portion
15 of the tax receipts attributable to insurance policies
16 covering property situated both within the municipality and
17 the special fire control district shall be given to the fire
18 service provider. The agent shall identify the fire service
19 provider on the property owner's application for insurance.
20 Remaining revenues collected pursuant to this chapter shall be
21 distributed to the municipality or special fire control
22 district according to the location of the insured property.
23 Section 166. Subsection (2) of section 175.121,
24 Florida Statutes, is amended to read:
25 175.121 Department of Revenue and Division of
26 Retirement to keep accounts of deposits; disbursements.--For
27 any municipality or special fire control district having a
28 chapter or local law plan established pursuant to this
29 chapter:
30 (2) The Chief Financial Officer Comptroller shall, on
31 or before July 1 of each year, and at such other times as
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1 authorized by the division, draw his or her warrants on the
2 full net amount of money then on deposit in the Police and
3 Firefighters' Premium Tax Trust Fund pursuant to this chapter,
4 specifying the municipalities and special fire control
5 districts to which the moneys must be paid and the net amount
6 collected for and to be paid to each municipality or special
7 fire control district, respectively, subject to the limitation
8 on disbursement under s. 175.122. The sum payable to each
9 municipality or special fire control district is appropriated
10 annually out of the Police and Firefighters' Premium Tax Trust
11 Fund. The warrants of the Chief Financial Officer Comptroller
12 shall be payable to the respective municipalities and special
13 fire control districts entitled to receive them and shall be
14 remitted annually by the division to the respective
15 municipalities and special fire control districts. In lieu
16 thereof, the municipality or special fire control district may
17 provide authorization to the division for the direct payment
18 of the premium tax to the board of trustees. In order for a
19 municipality or special fire control district and its pension
20 fund to participate in the distribution of premium tax moneys
21 under this chapter, all the provisions shall be complied with
22 annually, including state acceptance pursuant to part VII of
23 chapter 112.
24 Section 167. Section 175.151, Florida Statutes, is
25 amended to read:
26 175.151 Penalty for failure of insurers to comply with
27 this act.--If Should any insurance company, corporation or
28 other insurer fails fail to comply with the provisions of this
29 act, on or before March 1 of each year as herein provided, the
30 certificate of authority issued to said insurance company,
31 corporation or other insurer to transact business in this
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1 state may be canceled and revoked by the Department of
2 Financial Services Insurance, and it is unlawful for any such
3 insurance company, corporation, or other insurer to transact
4 business thereafter in this state unless such insurance
5 company, corporation, or other insurer shall be granted a new
6 certificate of authority to transact any business in this
7 state, in compliance with provisions of law authorizing such
8 certificate of authority to be issued. The division is
9 responsible for notifying the Department of Financial Services
10 Insurance regarding any such failure to comply.
11 Section 168. Subsection (1) of section 185.08, Florida
12 Statutes, is amended to read:
13 185.08 State excise tax on casualty insurance premiums
14 authorized; procedure.--For any municipality, chapter plan,
15 local law municipality, or local law plan under this chapter:
16 (1) Each incorporated municipality in this state
17 described and classified in s. 185.03, as well as each other
18 city or town of this state which on July 31, 1953, had a
19 lawfully established municipal police officers' retirement
20 trust fund or city fund, by whatever name known, providing
21 pension or relief benefits to police officers as provided
22 under this chapter, may assess and impose on every insurance
23 company, corporation, or other insurer now engaged in or
24 carrying on, or who shall hereafter engage in or carry on, the
25 business of casualty insurance as shown by records of the
26 Department of Financial Services Insurance, an excise tax in
27 addition to any lawful license or excise tax now levied by
28 each of the said municipalities, respectively, amounting to
29 .85 percent of the gross amount of receipts of premiums from
30 policyholders on all premiums collected on casualty insurance
31
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1 policies covering property within the corporate limits of such
2 municipalities, respectively.
3 Section 169. Subsection (2) of section 185.10, Florida
4 Statutes, is amended to read:
5 185.10 Department of Revenue and Division of
6 Retirement to keep accounts of deposits; disbursements.--For
7 any municipality having a chapter plan or local law plan under
8 this chapter:
9 (2) The Chief Financial Officer Comptroller shall, on
10 or before July 1 of each year, and at such other times as
11 authorized by the division, draw his or her warrants on the
12 full net amount of money then on deposit pursuant to this
13 chapter in the Police and Firefighters' Premium Tax Trust
14 Fund, specifying the municipalities to which the moneys must
15 be paid and the net amount collected for and to be paid to
16 each municipality, respectively. The sum payable to each
17 municipality is appropriated annually out of the Police and
18 Firefighters' Premium Tax Trust Fund. The warrants of the
19 Chief Financial Officer Comptroller shall be payable to the
20 respective municipalities entitled to receive them and shall
21 be remitted annually by the division to the respective
22 municipalities. In lieu thereof, the municipality may provide
23 authorization to the division for the direct payment of the
24 premium tax to the board of trustees. In order for a
25 municipality and its retirement fund to participate in the
26 distribution of premium tax moneys under this chapter, all the
27 provisions shall be complied with annually, including state
28 acceptance pursuant to part VII of chapter 112.
29 Section 170. Section 185.13, Florida Statutes, is
30 amended to read:
31
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1 185.13 Failure of insurer to comply with chapter;
2 penalty.--If Should any insurance company, corporation or
3 other insurer fails fail to comply with the provisions of this
4 chapter, on or before March 1 in each year as herein provided,
5 the certificate of authority issued to said insurance company,
6 corporation or other insurer to transact business in this
7 state may be canceled and revoked by the Department of
8 Financial Services Insurance, and it is unlawful for any such
9 insurance company, corporation or other insurer to transact
10 any business thereafter in this state unless such insurance
11 company, corporation or other insurer shall be granted a new
12 certificate of authority to transact business in this state,
13 in compliance with provisions of law authorizing such
14 certificate of authority to be issued. The division shall be
15 responsible for notifying the Department of Financial Services
16 Insurance regarding any such failure to comply.
17 Section 171. Subsections (2), (3), and (5) of section
18 189.4035, Florida Statutes, are amended to read:
19 189.4035 Preparation of official list of special
20 districts.--
21 (2) The official list shall be produced by the
22 department after the department has notified each special
23 district that is currently reporting to the department, the
24 Department of Financial Services Banking and Finance pursuant
25 to s. 218.32, or the Auditor General pursuant to s. 218.39.
26 Upon notification, each special district shall submit, within
27 60 days, its determination of its status. The determination
28 submitted by a special district shall be consistent with the
29 status reported in the most recent local government audit of
30 district activities submitted to the Auditor General pursuant
31 to s. 218.39.
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1 (3) The Department of Financial Services Banking and
2 Finance shall provide the department with a list of dependent
3 special districts reporting pursuant to s. 218.32 for
4 inclusion on the official list of special districts.
5 (5) The official list of special districts shall be
6 distributed by the department on October 1 of each year to the
7 President of the Senate, the Speaker of the House of
8 Representatives, the Auditor General, the Department of
9 Revenue, the Department of Financial Services Banking and
10 Finance, the Department of Management Services, the State
11 Board of Administration, counties, municipalities, county
12 property appraisers, tax collectors, and supervisors of
13 elections and to all interested parties who request the list.
14 Section 172. Subsection (1) of section 189.412,
15 Florida Statutes, is amended to read:
16 189.412 Special District Information Program; duties
17 and responsibilities.--The Special District Information
18 Program of the Department of Community Affairs is created and
19 has the following special duties:
20 (1) The collection and maintenance of special district
21 compliance status reports from the Auditor General, the
22 Department of Financial Services Banking and Finance, the
23 Division of Bond Finance of the State Board of Administration,
24 the Department of Management Services, the Department of
25 Revenue, and the Commission on Ethics for the reporting
26 required in ss. 112.3144, 112.3145, 112.3148, 112.3149,
27 112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17
28 and chapter 121 and from state agencies administering programs
29 that distribute money to special districts. The special
30 district compliance status reports must consist of a list of
31 special districts used in that state agency and a list of
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1 which special districts did not comply with the reporting
2 statutorily required by that agency.
3 Section 173. Section 189.427, Florida Statutes, is
4 amended to read:
5 189.427 Fee schedule; Operating Trust Fund.--The
6 Department of Community Affairs, by rule, shall establish a
7 schedule of fees to pay one-half of the costs incurred by the
8 department in administering this act, except that the fee may
9 not exceed $175 per district per year. The fees collected
10 under this section shall be deposited in the Operating Trust
11 Fund, which shall be administered by the Department of
12 Community Affairs. Any fee rule must consider factors such as
13 the dependent and independent status of the district and
14 district revenues for the most recent fiscal year as reported
15 to the Department of Financial Services Banking and Finance.
16 The department may assess fines of not more than $25, with an
17 aggregate total not to exceed $50, as penalties against
18 special districts that fail to remit required fees to the
19 department. It is the intent of the Legislature that general
20 revenue funds will be made available to the department to pay
21 one-half of the cost of administering this act.
22 Section 174. Subsection (3) of section 190.007,
23 Florida Statutes, is amended to read:
24 190.007 Board of supervisors; general duties.--
25 (3) The board is authorized to select as a depository
26 for its funds any qualified public depository as defined in s.
27 280.02 which meets all the requirements of chapter 280 and has
28 been designated by the Chief Financial Officer Treasurer as a
29 qualified public depository, upon such terms and conditions as
30 to the payment of interest by such depository upon the funds
31 so deposited as the board may deem just and reasonable.
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1 Section 175. Subsection (16) of section 191.006,
2 Florida Statutes, is amended to read:
3 191.006 General powers.--The district shall have, and
4 the board may exercise by majority vote, the following powers:
5 (16) To select as a depository for its funds any
6 qualified public depository as defined in s. 280.02 which
7 meets all the requirements of chapter 280 and has been
8 designated by the Chief Financial Officer State Treasurer as a
9 qualified public depository, upon such terms and conditions as
10 to the payment of interest upon the funds deposited as the
11 board deems just and reasonable.
12 Section 176. Subsection (4) of section 192.091,
13 Florida Statutes, is amended to read:
14 192.091 Commissions of property appraisers and tax
15 collectors.--
16 (4) The commissions for collecting taxes assessed for
17 or levied by the state shall be audited, and allowed, by the
18 Comptroller and shall be paid by the Chief Financial Officer
19 Treasurer as other Comptroller's warrants are paid; and
20 commissions for collecting the county taxes shall be audited
21 and paid by the boards of county commissioners of the several
22 counties of this state. The commissions for collecting all
23 special school district taxes shall be audited by the school
24 board of each respective district and taken out of the funds
25 of the respective special school district under its control
26 and allowed and paid to the tax collectors for collecting such
27 taxes; and the commissions for collecting all other district
28 taxes, whether special or not, shall be audited and paid by
29 the governing board or commission having charge of the
30 financial obligations of such district. All commissions for
31 collecting special tax district taxes shall be paid at the
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1 time and in the manner now, or as may hereafter be, provided
2 for the payment of the commissions for the collection of
3 county taxes. All amounts paid as compensation to any tax
4 collector under the provisions of this or any other law shall
5 be a part of the general income or compensation of such
6 officer for the year in which received, and nothing contained
7 in this section shall be held or construed to affect or
8 increase the maximum salary as now provided by law for any
9 such officer.
10 Section 177. Subsection (3) of section 192.102,
11 Florida Statutes, is amended to read:
12 192.102 Payment of property appraisers' and
13 collectors' commissions.--
14 (3) The Chief Financial Officer Comptroller of the
15 state shall issue to each of the county property appraisers
16 and collectors of taxes, on the first Monday of January,
17 April, July, and October, on demand of such county property
18 appraisers and collectors of taxes after approval by the
19 Department of Revenue, and shall pay, his or her warrant,
20 which shall be paid by the Treasurer of the state, for an
21 amount equal to one-fourth of four-fifths of the total amount
22 of commissions received by such county property appraisers and
23 collectors of taxes or their predecessors in office from the
24 state during and for the preceding year, and the balance of
25 the commissions earned by such county property appraiser and
26 collector of taxes, respectively, during each year, over and
27 above the amount of such installment payments herein provided
28 for, shall be payable when a report of errors and double
29 assessments is approved by the county commissioners and a copy
30 thereof filed with the Department of Revenue.
31
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1 Section 178. Subsection (1) of section 193.092,
2 Florida Statutes, is amended to read:
3 193.092 Assessment of property for back taxes.--
4 (1) When it shall appear that any ad valorem tax might
5 have been lawfully assessed or collected upon any property in
6 the state, but that such tax was not lawfully assessed or
7 levied, and has not been collected for any year within a
8 period of 3 years next preceding the year in which it is
9 ascertained that such tax has not been assessed, or levied, or
10 collected, then the officers authorized shall make the
11 assessment of taxes upon such property in addition to the
12 assessment of such property for the current year, and shall
13 assess the same separately for such property as may have
14 escaped taxation at and upon the basis of valuation applied to
15 such property for the year or years in which it escaped
16 taxation, noting distinctly the year when such property
17 escaped taxation and such assessment shall have the same force
18 and effect as it would have had if it had been made in the
19 year in which the property shall have escaped taxation, and
20 taxes shall be levied and collected thereon in like manner and
21 together with taxes for the current year in which the
22 assessment is made. But no property shall be assessed for
23 more than 3 years' arrears of taxation, and all property so
24 escaping taxation shall be subject to such taxation to be
25 assessed in whomsoever's hands or possession the same may be
26 found; provided, that the county property appraiser shall not
27 assess any lot or parcel of land certified or sold to the
28 state for any previous years unless such lot or parcel of
29 lands so certified or sold shall be included in the list
30 furnished by the Chief Financial Officer Comptroller to the
31 county property appraiser as provided by law; provided, if
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1 real or personal property be assessed for taxes, and because
2 of litigation delay ensues and the assessment be held invalid
3 the taxing authorities, may reassess such property within the
4 time herein provided after the termination of such litigation;
5 provided further, that personal property acquired in good
6 faith by purchase shall not be subject to assessment for taxes
7 for any time prior to the time of such purchase, but the
8 individual or corporation liable for any such assessment shall
9 continue personally liable for same.
10 Section 179. Section 195.101, Florida Statutes, is
11 amended to read:
12 195.101 Withholding of state funds.--
13 (1) The Department of Revenue is hereby directed to
14 determine each year whether the several counties of this state
15 are assessing the real and tangible personal property within
16 their jurisdiction in accordance with law. If the Department
17 of Revenue determines that any county is assessing property at
18 less than that prescribed by law, the Chief Financial Officer
19 Comptroller shall withhold from such county a portion of any
20 state funds to which the county may be entitled equal to the
21 difference of the amount assessed and the amount required to
22 be assessed by law.
23 (2) The Department of Revenue is hereby directed to
24 determine each year whether the several municipalities of this
25 state are assessing the real and tangible personal property
26 within their jurisdiction in accordance with law. If the
27 Department of Revenue determines that any municipality is
28 assessing property at less than that prescribed by law, the
29 Chief Financial Officer Comptroller shall withhold from such
30 municipality a portion of any state funds to which that
31
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1 municipality may be entitled equal to the difference of the
2 amount assessed and the amount required to be assessed by law.
3 Section 180. Subsection (1) of section 198.29, Florida
4 Statutes, is amended to read:
5 198.29 Refunds of excess tax paid.--
6 (1) Whenever it appears, upon the examination of any
7 return made under this chapter or upon proof submitted to the
8 department by the personal representative, that an amount of
9 estate tax has been paid in excess of the tax legally due
10 under this chapter, the amount of such overpayment, together
11 with any overpayment of interest thereon shall be refunded to
12 the personal representative and paid by upon the warrant of
13 the Chief Financial Officer Comptroller, drawn upon the
14 Treasurer who shall honor and pay the same; such refund shall
15 be made by the department as a matter of course regardless of
16 whether or not the personal representative has filed a written
17 claim therefor, except that upon request of the department,
18 the personal representative shall file with the department a
19 conformed copy of any written claim for refund of federal
20 estate tax which has theretofore been filed with the United
21 States.
22 Section 181. Paragraph (a) of subsection (7) of
23 section 199.232, Florida Statutes, is amended to read:
24 199.232 Powers of department.--
25 (7)(a) If it appears, upon examination of an
26 intangible tax return made under this chapter or upon proof
27 submitted to the department by the taxpayer, that an amount of
28 intangible personal property tax has been paid in excess of
29 the amount due, the department shall refund the amount of the
30 overpayment to the taxpayer by a warrant of the Chief
31 Financial Officer Comptroller, drawn upon the Treasurer. The
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1 department shall refund the overpayment without regard to
2 whether the taxpayer has filed a written claim for a refund;
3 however, the department may request that the taxpayer file a
4 statement affirming that the taxpayer made the overpayment.
5 Section 182. Paragraph (a) of subsection (1) of
6 section 203.01, Florida Statutes, is amended to read:
7 203.01 Tax on gross receipts for utility and
8 communications services.--
9 (1)(a)1. Every person that receives payment for any
10 utility service shall report by the last day of each month to
11 the Department of Revenue, under oath of the secretary or some
12 other officer of such person, the total amount of gross
13 receipts derived from business done within this state, or
14 between points within this state, for the preceding month and,
15 at the same time, shall pay into the State Treasury an amount
16 equal to a percentage of such gross receipts at the rate set
17 forth in paragraph (b). Such collections shall be certified
18 by the Chief Financial Officer Comptroller upon the request of
19 the State Board of Education.
20 2. A tax is levied on communications services as
21 defined in s. 202.11(3). Such tax shall be applied to the same
22 services and transactions as are subject to taxation under
23 chapter 202, and to communications services that are subject
24 to the exemption provided in s. 202.125(1). Such tax shall be
25 applied to the sales price of communications services when
26 sold at retail and to the actual cost of operating substitute
27 communications systems, as such terms are defined in s.
28 202.11, shall be due and payable at the same time as the taxes
29 imposed pursuant to chapter 202, and shall be administered and
30 collected pursuant to the provisions of chapter 202.
31
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1 Section 183. Subsection (1) of section 206.46, Florida
2 Statutes, is amended to read:
3 206.46 State Transportation Trust Fund.--
4 (1) All moneys in the State Transportation Trust Fund,
5 which is hereby created, shall be used for transportation
6 purposes, as provided by law, under the direction of the
7 Department of Transportation, which department may from time
8 to time make requisition on the Chief Financial Officer
9 Comptroller for such funds. Moneys from such fund shall be
10 drawn by the Chief Financial Officer Comptroller by warrant
11 upon the State Treasury pursuant to vouchers and shall be paid
12 in like manner as other state warrants are paid out of the
13 appropriated fund against which the warrants are drawn. All
14 sums of money necessary to provide for the payment of the
15 warrants by the Chief Financial Officer Comptroller drawn upon
16 such fund are appropriated annually out of the fund for the
17 purpose of making such payments from time to time.
18 Section 184. Subsection (4) of section 210.16, Florida
19 Statutes, is amended to read:
20 210.16 Revocation or suspension of permit.--
21 (4) In lieu of the suspension or revocation of
22 permits, the division may impose civil penalties against
23 holders of permits for violations of this part or rules and
24 regulations relating thereto. No civil penalty so imposed
25 shall exceed $1,000 for each offense, and all amounts
26 collected shall be deposited with the Chief Financial Officer
27 State Treasurer to the credit of the General Revenue Fund. If
28 the holder of the permit fails to pay the civil penalty, his
29 or her permit shall be suspended for such period of time as
30 the division may specify.
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1 Section 185. Subsection (2) of section 210.20, Florida
2 Statutes, is amended to read:
3 210.20 Employees and assistants; distribution of
4 funds.--
5 (2) As collections are received by the division from
6 such cigarette taxes, it shall pay the same into a trust fund
7 in the State Treasury designated "Cigarette Tax Collection
8 Trust Fund" which shall be paid and distributed as follows:
9 (a) The division shall from month to month certify to
10 the Chief Financial Officer Comptroller the amount derived
11 from the cigarette tax imposed by s. 210.02, less the service
12 charges provided for in s. 215.20 and less 0.9 percent of the
13 amount derived from the cigarette tax imposed by s. 210.02,
14 which shall be deposited into the Alcoholic Beverage and
15 Tobacco Trust Fund, specifying the amounts to be transferred
16 from the Cigarette Tax Collection Trust Fund and credited on
17 the basis of 2.9 percent of the net collections to the Revenue
18 Sharing Trust Fund for Counties and 29.3 percent of the net
19 collections for the funding of indigent health care to the
20 Public Medical Assistance Trust Fund.
21 (b) Beginning January 1, 1999, and continuing for 10
22 years thereafter, the division shall from month to month
23 certify to the Chief Financial Officer Comptroller the amount
24 derived from the cigarette tax imposed by s. 210.02, less the
25 service charges provided for in s. 215.20 and less 0.9 percent
26 of the amount derived from the cigarette tax imposed by s.
27 210.02 which shall be deposited into the Alcoholic Beverage
28 and Tobacco Trust Fund, specifying an amount equal to 2.59
29 percent of the net collections, and that amount shall be paid
30 to the Board of Directors of the H. Lee Moffitt Cancer Center
31 and Research Institute, established under s. 240.512, by
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1 warrant drawn by the Chief Financial Officer Comptroller upon
2 the State Treasury. These funds are hereby appropriated
3 monthly out of the Cigarette Tax Collection Trust Fund, to be
4 used for the purpose of constructing, furnishing, and
5 equipping a cancer research facility at the University of
6 South Florida adjacent to the H. Lee Moffitt Cancer Center and
7 Research Institute. In fiscal years 1999-2000 and thereafter
8 with the exception of fiscal year 2008-2009, the appropriation
9 to the H. Lee Moffitt Cancer Center and Research Institute
10 authorized by this paragraph shall not be less than the amount
11 which would have been paid to the H. Lee Moffitt Cancer Center
12 and Research Institute for fiscal year 1998-1999 had payments
13 been made for the entire fiscal year rather than for a 6-month
14 period thereof.
15 Section 186. Subsection (4) of section 210.50, Florida
16 Statutes, is amended to read:
17 210.50 Revocation or suspension of license.--
18 (4) In lieu of the suspension or revocation of
19 licenses, the division may impose civil penalties against
20 holders of licenses for violations of this part or rules
21 relating thereto. No civil penalty so imposed shall exceed
22 $1,000 for each offense, and all amounts collected shall be
23 deposited with the Chief Financial Officer State Treasurer to
24 the credit of the General Revenue Fund. If the holder of the
25 license fails to pay the civil penalty, his or her license
26 shall be suspended for such period of time as the division may
27 specify.
28 Section 187. Subsection (1) of section 211.06, Florida
29 Statutes, is amended to read:
30 211.06 Oil and Gas Tax Trust Fund; distribution of tax
31 proceeds.--All taxes, interest, and penalties imposed under
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1 this part shall be collected by the department and placed in a
2 special fund designated the "Oil and Gas Tax Trust Fund."
3 (1) There is hereby annually appropriated a sufficient
4 amount from the Oil and Gas Tax Trust Fund for the Chief
5 Financial Officer Comptroller to refund any overpayments that
6 which have been properly approved.
7 Section 188. Paragraph (d) of subsection (1) of
8 section 211.32, Florida Statutes, is amended to read:
9 211.32 Tax on solid minerals; Land Reclamation Trust
10 Fund; refund for restoration and reclamation.--
11 (1)
12 (d) The Chief Financial Officer Comptroller shall,
13 upon written verification of compliance with paragraph (a),
14 paragraph (b), or paragraph (c) by the Department of
15 Environmental Protection, and upon verification of the cost of
16 the restoration and reclamation program or, if paragraph (c)
17 is elected, the fair market value of the land, grant refunds,
18 to be paid from the Land Reclamation Trust Fund, of the taxes
19 paid under this part, in an amount equal to 100 percent of the
20 costs incurred in complying with paragraph (a) or paragraph
21 (b), or 100 percent of the fair market value of the land
22 transferred in complying with paragraph (c), subject to the
23 following limitations:
24 1. A taxpayer shall not be entitled to refunds in
25 excess of the amount of taxes paid by the taxpayer under this
26 part which are deposited in the Land Reclamation Trust Fund.
27 2. A taxpayer shall not be entitled to the payment of
28 a refund for costs incurred in connection with a particular
29 restoration and reclamation program unless and until the
30 taxpayer is accomplishing the program in reasonable compliance
31
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1 with the criteria established by the Department of
2 Environmental Protection.
3 Section 189. Paragraph (m) of subsection (5) of
4 section 212.08, Florida Statutes, is amended to read:
5 212.08 Sales, rental, use, consumption, distribution,
6 and storage tax; specified exemptions.--The sale at retail,
7 the rental, the use, the consumption, the distribution, and
8 the storage to be used or consumed in this state of the
9 following are hereby specifically exempt from the tax imposed
10 by this chapter.
11 (5) EXEMPTIONS; ACCOUNT OF USE.--
12 (m) Educational materials purchased by certain child
13 care facilities.--Educational materials, such as glue, paper,
14 paints, crayons, unique craft items, scissors, books, and
15 educational toys, purchased by a child care facility that
16 meets the standards delineated in s. 402.305, is licensed
17 under s. 402.308, holds a current Gold Seal Quality Care
18 designation pursuant to s. 402.281, and provides basic health
19 insurance to all employees are exempt from the taxes imposed
20 by this chapter. For purposes of this paragraph, the term
21 "basic health insurance" shall be defined and promulgated in
22 rules developed jointly by the Department of Children and
23 Family Services, the Agency for Health Care Administration,
24 and the Department of Financial Services Insurance.
25 Section 190. Paragraph (c) of subsection (6) of
26 section 212.12, Florida Statutes, is 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 191. Subsection (1) of section 212.20, Florida
25 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 192. Subsections (4) and (6), paragraph (e) of
4 subsection (7) and subsection (13) of section 213.053, Florida
5 Statutes, are amended to read:
6 213.053 Confidentiality and information sharing.--
7 (4) Nothing contained in this section shall prevent
8 the department from publishing statistics so classified as to
9 prevent the identification of particular accounts, reports,
10 declarations, or returns or prevent the department from
11 disclosing to the Chief Financial Officer Comptroller the
12 names and addresses of those taxpayers who have claimed an
13 exemption pursuant to s. 199.185(1)(i) or a deduction pursuant
14 to s. 220.63(5).
15 (6) Any information received by the Department of
16 Revenue in connection with the administration of taxes,
17 including, but not limited to, information contained in
18 returns, reports, accounts, or declarations filed by persons
19 subject to tax, shall be made available by the department to
20 the Auditor General or his or her authorized agent, the
21 director of the Office of Program Policy Analysis and
22 Government Accountability or his or her authorized agent, the
23 Chief Financial Officer Comptroller or his or her authorized
24 agent, the Insurance Commissioner or his or her authorized
25 agent, the Treasurer or his or her authorized agent, or a
26 property appraiser or tax collector or their authorized agents
27 pursuant to s. 195.084(1), in the performance of their
28 official duties, or to designated employees of the Department
29 of Education solely for determination of each school
30 district's price level index pursuant to s. 236.081(2);
31 however, no information shall be disclosed to the Auditor
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1 General or his or her authorized agent, the director of the
2 Office of Program Policy Analysis and Government
3 Accountability or his or her authorized agent, the Chief
4 Financial Officer Comptroller or his or her authorized agent,
5 the Insurance Commissioner or his or her authorized agent, the
6 Treasurer or his or her authorized agent, or to a property
7 appraiser or tax collector or their authorized agents, or to
8 designated employees of the Department of Education if such
9 disclosure is prohibited by federal law. The Auditor General
10 or his or her authorized agent, the director of the Office of
11 Program Policy Analysis and Government Accountability or his
12 or her authorized agent, the Chief Financial Officer
13 Comptroller or his or her authorized agent, the Treasurer or
14 his or her authorized agent, and the property appraiser or tax
15 collector and their authorized agents, or designated employees
16 of the Department of Education shall be subject to the same
17 requirements of confidentiality and the same penalties for
18 violation of the requirements as the department. For the
19 purpose of this subsection, "designated employees of the
20 Department of Education" means only those employees directly
21 responsible for calculation of price level indices pursuant to
22 s. 236.081(2). It does not include the supervisors of such
23 employees or any other employees or elected officials within
24 the Department of Education.
25 (7) Notwithstanding any other provision of this
26 section, the department may provide:
27 (e) Names, addresses, taxpayer identification numbers,
28 and outstanding tax liabilities to the Department of the
29 Lottery and the Department of Financial Services Banking and
30 Finance in the conduct of their official duties.
31
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1 (13) Notwithstanding the provisions of s. 896.102(2),
2 the department may allow full access to the information and
3 documents required to be filed with it under s. 896.102(1) to
4 federal, state, and local law enforcement and prosecutorial
5 agencies, and to the Department of Financial Services Banking
6 and Finance, and any of those agencies may use the information
7 and documents in any civil or criminal investigation and in
8 any court proceedings.
9 Section 193. Section 213.054, Florida Statutes, is
10 amended to read:
11 213.054 Persons claiming tax exemptions or deductions;
12 annual report.--The Department of Revenue shall be responsible
13 for monitoring the utilization of tax exemptions and tax
14 deductions authorized pursuant to chapter 81-179, Laws of
15 Florida. On or before September 1 of each year, the
16 department shall report to the Chief Financial Officer
17 Comptroller the names and addresses of all persons who have
18 claimed an exemption pursuant to s. 199.185(1)(i) or a
19 deduction pursuant to s. 220.63(5).
20 Section 194. Subsection (6) of section 213.255,
21 Florida Statutes, is amended to read:
22 213.255 Interest.--Interest shall be paid on
23 overpayments of taxes, payment of taxes not due, or taxes paid
24 in error, subject to the following conditions:
25 (6) Interest shall be paid until a date determined by
26 the department which shall be no more than 7 days prior to the
27 date of the issuance of the refund warrant by the Chief
28 Financial Officer Comptroller.
29 Section 195. Subsection (9) of section 213.67, Florida
30 Statutes, is amended to read:
31 213.67 Garnishment.--
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1 (9) The department shall provide notice to the Chief
2 Financial Officer Comptroller, in electronic or other form
3 specified by the Chief Financial Officer Comptroller, listing
4 the taxpayers for which tax warrants are outstanding. Pursuant
5 to subsection (1), the Chief Financial Officer Comptroller
6 shall, upon notice from the department, withhold all payments
7 to any person or business, as defined in s. 212.02, which
8 provides commodities or services to the state, leases real
9 property to the state, or constructs a public building or
10 public work for the state. The department may levy upon the
11 withheld payments in accordance with subsection (3). The
12 provisions of s. 215.422 do not apply from the date the notice
13 is filed with the Chief Financial Officer Comptroller until
14 the date the department notifies the Chief Financial Officer
15 Comptroller of its consent to make payment to the person or 60
16 days after receipt of the department's notice in accordance
17 with subsection (1), whichever occurs earlier.
18 Section 196. Subsection (4) of section 213.75, Florida
19 Statutes, is amended to read:
20 213.75 Application of payments.--
21 (4) Any surplus proceeds remaining after the
22 application of subsection (3) shall, upon application and
23 satisfactory proof thereof, be refunded by the Chief Financial
24 Officer Comptroller to the person or persons legally entitled
25 thereto pursuant to s. 215.26.
26 Section 197. Section 215.02, Florida Statutes, is
27 amended to read:
28 215.02 Manner of paying money into the
29 Treasury.--Whenever any officer of this state or other person
30 desires to pay any money into the Treasury of the state on
31 account of his or her indebtedness to the state, the person
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1 shall first go into the Department of Financial Services
2 Banking and Finance, and there ascertain from the department's
3 books the amount of his or her indebtedness to the state, and
4 thereupon the department shall give that person a memorandum
5 or certificate of the amount of such indebtedness, and on what
6 account. Second, the person shall take said certificate with
7 him or her to the Department of Insurance and deliver the same
8 and pay over to the Chief Financial Officer Insurance
9 Commissioner and Treasurer the amount ascertained called for
10 in said certificate. Third, The Chief Financial Officer
11 Insurance Commissioner and Treasurer shall receive the money,
12 make a proper entry thereof, file the certificate of the
13 Department of Banking and Finance, and give a certificate to
14 the party paying over the money, acknowledging the receipt of
15 the money, and on what account; which certificate thus
16 received, the party shall return to the Department of Banking
17 and Finance, on receipt of which the department shall give the
18 party a receipt for the amount, and enter a credit on the
19 party's account in his or her books for the amount thus paid
20 by him or her to the Insurance Commissioner and Treasurer, and
21 file the certificate received from the Insurance Commissioner
22 and Treasurer.
23 Section 198. Section 215.03, Florida Statutes, is
24 amended to read:
25 215.03 Party to be reimbursed on reversal of judgment
26 for state.--Whenever upon appeal in civil cases, any judgment
27 in favor of the state has been or shall be reversed and set
28 aside, which may have been paid in part by the appellant, the
29 Chief Financial Officer Comptroller shall issue his or her
30 warrant upon the Treasurer to reimburse the appellant for all
31 sums paid in discharge of such judgment and cost, provided the
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1 appellant shall adduce satisfactory evidence to the Chief
2 Financial Officer Comptroller of the sums paid as aforesaid.
3 Section 199. Section 215.04, Florida Statutes, is
4 amended to read:
5 215.04 Department of Financial Services Banking and
6 Finance to report delinquents.--The Department of Financial
7 Services Banking and Finance shall report to the state
8 attorney of the proper circuit the name of any delinquent
9 officer whose delinquency concerns the department, so soon as
10 such delinquency shall occur; and the state attorney shall
11 proceed forthwith against such delinquent.
12 Section 200. Section 215.05, Florida Statutes, is
13 amended to read:
14 215.05 Department of Financial Services Banking and
15 Finance to certify accounts of delinquents.--When any revenue
16 officer or other person accountable for public money shall
17 neglect or refuse to pay into the treasury the sum or balance
18 reported to be due to the state, upon the adjustment of that
19 person's account, the Department of Financial Services Banking
20 and Finance shall immediately hand over to the state attorney
21 of the proper circuit the statement of the sum or balance
22 certified under its seal of office, so due; and the state
23 attorney shall institute suit for the recovery of the same,
24 adding to the sum or balance stated to be due on such account
25 the commissions of the delinquent, which shall be forfeited in
26 every instance where suit is commenced and judgment is
27 obtained thereon, and an interest of 8 percent per annum from
28 the time of the delinquent's receiving the money until it
29 shall be paid into the State Treasury.
30 Section 201. Section 215.11, Florida Statutes, is
31 amended to read:
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1 215.11 Defaulting officers; Department of Financial
2 Services Banking and Finance to report to clerk.--The
3 Department of Financial Services Banking and Finance shall,
4 within 90 days after the expiration of the term of office of
5 any tax collector, sheriff, clerk of the circuit or county
6 court, treasurer, or any other officer of any county who has
7 the collection, custody, and control of any state funds, who
8 shall be in arrears in his or her accounts with the state,
9 make up and forward to the clerk of the circuit court of such
10 county a statement of his or her accounts with the state.
11 Section 202. Paragraph (cc) of subsection (4) of
12 section 215.20, Florida Statutes, is amended to read:
13 215.20 Certain income and certain trust funds to
14 contribute to the General Revenue Fund.--
15 (4) The income of a revenue nature deposited in the
16 following described trust funds, by whatever name designated,
17 is that from which the deductions authorized by subsection (3)
18 shall be made:
19 (cc) The Insurance Commissioner's Regulatory Trust
20 Fund created by s. 624.523.
21
22 The enumeration of the foregoing moneys or trust funds shall
23 not prohibit the applicability thereto of s. 215.24 should the
24 Governor determine that for the reasons mentioned in s. 215.24
25 the money or trust funds should be exempt herefrom, as it is
26 the purpose of this law to exempt income from its force and
27 effect when, by the operation of this law, federal matching
28 funds or contributions or private grants to any trust fund
29 would be lost to the state.
30 Section 203. Paragraphs (e) and (g) of subsection (1)
31 of section 215.22, Florida Statutes, is amended to read:
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1 215.22 Certain income and certain trust funds
2 exempt.--
3 (1) The following income of a revenue nature or the
4 following trust funds shall be exempt from the deduction
5 required by s. 215.20(1):
6 (e) State, agency, or political subdivision
7 investments by the Chief Financial Officer Treasurer.
8 (g) Self-insurance programs administered by the Chief
9 Financial Officer Treasurer.
10 Section 204. Section 215.23, Florida Statutes, is
11 amended to read:
12 215.23 When contributions to be made.--The deductions
13 required by s. 215.20 shall be paid into the appropriate fund
14 by the Department of Financial Services Banking and Finance or
15 by the Chief Financial Officer State Treasurer, as the case
16 may be, for quarterly periods ending March 31, June 30,
17 September 30, and December 31 of each year, and when so paid
18 shall thereupon become a part of that fund to be accounted for
19 and disbursed as provided by law.
20 Section 205. Section 215.24, Florida Statutes, is
21 amended to read:
22 215.24 Exemptions where federal contributions or
23 private grants.--
24 (1) Should any state fund be the recipient of federal
25 contributions or private grants, either by the matching of
26 state funds or by a general donation to state funds, and the
27 payment of moneys into the General Revenue Fund under s.
28 215.20 should cause such fund to lose federal or private
29 assistance, the Governor shall certify to the Department of
30 Financial Services Banking and Finance and to the Chief
31
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1 Financial Officer State Treasurer that said income is for that
2 reason exempt from the force and effect of s. 215.20.
3 (2) Should it be determined by the Governor that by
4 reason of payments already made into the General Revenue Fund
5 by any fund under this law, such fund is subject to the loss
6 of federal or private assistance, then the Governor shall
7 certify to the Department of Financial Services Banking and
8 Finance and to the Chief Financial Officer State Treasurer
9 that the income from such assistance is exempt from the
10 provisions of this law, and the Department of Financial
11 Services Banking and Finance or the Chief Financial Officer
12 State Treasurer, as the case may be, shall thereupon refund
13 and pay over to such fund any amount previously paid into the
14 General Revenue Fund from such income.
15 Section 206. Section 215.25, Florida Statutes, is
16 amended to read:
17 215.25 Manner of contributions; rules and
18 regulations.--The Department of Financial Services Banking and
19 Finance and the Chief Financial Officer State Treasurer are
20 hereby authorized to ascertain and determine the manner in
21 which the required amounts shall be deducted and paid and to
22 adopt and effectuate such rules and procedure as may be
23 necessary for carrying out the provisions of this law. Such
24 rules and procedure shall be approved by the Executive Office
25 of the Governor.
26 Section 207. Subsections (1), (2), and (5) of section
27 215.26, Florida Statutes, are amended to read:
28 215.26 Repayment of funds paid into State Treasury
29 through error.--
30 (1) The Chief Financial Officer Comptroller of the
31 state may refund to the person who paid same, or his or her
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1 heirs, personal representatives, or assigns, any moneys paid
2 into the State Treasury which constitute:
3 (a) An overpayment of any tax, license, or account
4 due;
5 (b) A payment where no tax, license, or account is
6 due; and
7 (c) Any payment made into the State Treasury in error;
8
9 and if any such payment has been credited to an appropriation,
10 such appropriation shall at the time of making any such
11 refund, be charged therewith. There are appropriated from the
12 proper respective funds from time to time such sums as may be
13 necessary for such refunds.
14 (2) Application for refunds as provided by this
15 section must be filed with the Chief Financial Officer
16 Comptroller, except as otherwise provided in this subsection,
17 within 3 years after the right to the refund has accrued or
18 else the right is barred. Except as provided in chapter 198
19 and s. 220.23, an application for a refund of a tax enumerated
20 in s. 72.011, which tax was paid after September 30, 1994, and
21 before July 1, 1999, must be filed with the Chief Financial
22 Officer Comptroller within 5 years after the date the tax is
23 paid, and within 3 years after the date the tax was paid for
24 taxes paid on or after July 1, 1999. The Chief Financial
25 Officer Comptroller may delegate the authority to accept an
26 application for refund to any state agency, or the judicial
27 branch, vested by law with the responsibility for the
28 collection of any tax, license, or account due. The
29 application for refund must be on a form approved by the Chief
30 Financial Officer Comptroller and must be supplemented with
31 additional proof the Chief Financial Officer Comptroller deems
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1 necessary to establish the claim; provided, the claim is not
2 otherwise barred under the laws of this state. Upon receipt of
3 an application for refund, the judicial branch or the state
4 agency to which the funds were paid shall make a determination
5 of the amount due. If an application for refund is denied, in
6 whole or in part, the judicial branch or such state agency
7 shall notify the applicant stating the reasons therefor. Upon
8 approval of an application for refund, the judicial branch or
9 such state agency shall furnish the Chief Financial Officer
10 Comptroller with a properly executed voucher authorizing
11 payment.
12 (5) When a taxpayer has pursued administrative
13 remedies before the Department of Revenue pursuant to s.
14 213.21 and has failed to comply with the time limitations and
15 conditions provided in ss. 72.011 and 120.80(14)(b), a claim
16 of refund under subsection (1) shall be denied by the Chief
17 Financial Officer Comptroller. However, the Chief Financial
18 Officer Comptroller may entertain a claim for refund under
19 this subsection when the taxpayer demonstrates that his or her
20 failure to pursue remedies under chapter 72 was not due to
21 neglect or for the purpose of delaying payment of lawfully
22 imposed taxes and can demonstrate reasonable cause for such
23 failure.
24 Section 208. Section 215.29, Florida Statutes, is
25 amended to read:
26 215.29 Classification of Chief Financial Officer's
27 Comptroller's warrants; report.--All disbursements made by the
28 state upon Chief Financial Officer's Comptroller's warrants
29 shall be classified according to officers, offices, bureaus,
30 divisions, boards, commissions, institutions, other agencies
31 and undertakings, or the judicial branch, and shall be further
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1 classified according to personal services, contractual
2 services, commodities, current charges, current obligations,
3 capital outlays, debt payments, or investments or such
4 additional classifications as may be prescribed or authorized
5 by law. Such detail classifications shall be printed in the
6 Chief Financial Officer's Comptroller's annual reports.
7 Section 209. Section 215.31, Florida Statutes, is
8 amended to read:
9 215.31 State funds; deposit in State
10 Treasury.--Revenue, including licenses, fees, imposts, or
11 exactions collected or received under the authority of the
12 laws of the state by each and every state official, office,
13 employee, bureau, division, board, commission, institution,
14 agency, or undertaking of the state or the judicial branch
15 shall be promptly deposited in the State Treasury, and
16 immediately credited to the appropriate fund as herein
17 provided, properly accounted for by the Department of
18 Financial Services Banking and Finance as to source and no
19 money shall be paid from the State Treasury except as
20 appropriated and provided by the annual General Appropriations
21 Act, or as otherwise provided by law.
22 Section 210. Section 215.32, Florida Statutes, is
23 amended to read:
24 215.32 State funds; segregation.--
25 (1) All moneys received by the state shall be
26 deposited in the State Treasury unless specifically provided
27 otherwise by law and shall be deposited in and accounted for
28 by the Chief Financial Officer Treasurer and the Department of
29 Financial Services Banking and Finance within the following
30 funds, which funds are hereby created and established:
31 (a) General Revenue Fund.
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1 (b) Trust funds.
2 (c) Working Capital Fund.
3 (d) Budget Stabilization Fund.
4 (2) The source and use of each of these funds shall be
5 as follows:
6 (a) The General Revenue Fund shall consist of all
7 moneys received by the state from every source whatsoever,
8 except as provided in paragraphs (b) and (c). Such moneys
9 shall be expended pursuant to General Revenue Fund
10 appropriations acts or transferred as provided in paragraph
11 (c). Annually, at least 5 percent of the estimated increase
12 in General Revenue Fund receipts for the upcoming fiscal year
13 over the current year General Revenue Fund effective
14 appropriations shall be appropriated for state-level capital
15 outlay, including infrastructure improvement and general
16 renovation, maintenance, and repairs.
17 (b)1. The trust funds shall consist of moneys received
18 by the state which under law or under trust agreement are
19 segregated for a purpose authorized by law. The state agency
20 or branch of state government receiving or collecting such
21 moneys shall be responsible for their proper expenditure as
22 provided by law. Upon the request of the state agency or
23 branch of state government responsible for the administration
24 of the trust fund, the Chief Financial Officer Comptroller may
25 establish accounts within the trust fund at a level considered
26 necessary for proper accountability. Once an account is
27 established within a trust fund, the Chief Financial Officer
28 Comptroller may authorize payment from that account only upon
29 determining that there is sufficient cash and releases at the
30 level of the account.
31
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1 2. In order to maintain a minimum number of trust
2 funds in the State Treasury, each state agency or the judicial
3 branch may consolidate, if permitted under the terms and
4 conditions of their receipt, the trust funds administered by
5 it; provided, however, the agency or judicial branch employs
6 effectively a uniform system of accounts sufficient to
7 preserve the integrity of such trust funds; and provided,
8 further, that consolidation of trust funds is approved by the
9 Governor or the Chief Justice.
10 3. All such moneys are hereby appropriated to be
11 expended in accordance with the law or trust agreement under
12 which they were received, subject always to the provisions of
13 chapter 216 relating to the appropriation of funds and to the
14 applicable laws relating to the deposit or expenditure of
15 moneys in the State Treasury.
16 4.a. Notwithstanding any provision of law restricting
17 the use of trust funds to specific purposes, unappropriated
18 cash balances from selected trust funds may be authorized by
19 the Legislature for transfer to the Budget Stabilization Fund
20 and Working Capital Fund in the General Appropriations Act.
21 b. This subparagraph does not apply to trust funds
22 required by federal programs or mandates; trust funds
23 established for bond covenants, indentures, or resolutions
24 whose revenues are legally pledged by the state or public body
25 to meet debt service or other financial requirements of any
26 debt obligations of the state or any public body; the State
27 Transportation Trust Fund; the trust fund containing the net
28 annual proceeds from the Florida Education Lotteries; the
29 Florida Retirement System Trust Fund; trust funds under the
30 management of the Board of Regents, where such trust funds are
31 for auxiliary enterprises, self-insurance, and contracts,
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1 grants, and donations, as those terms are defined by general
2 law; trust funds that serve as clearing funds or accounts for
3 the Chief Financial Officer Comptroller or state agencies;
4 trust funds that account for assets held by the state in a
5 trustee capacity as an agent or fiduciary for individuals,
6 private organizations, or other governmental units; and other
7 trust funds authorized by the State Constitution.
8 (c)1. The Budget Stabilization Fund shall consist of
9 amounts equal to at least 5 percent of net revenue collections
10 for the General Revenue Fund during the last completed fiscal
11 year. The Budget Stabilization Fund's principal balance shall
12 not exceed an amount equal to 10 percent of the last completed
13 fiscal year's net revenue collections for the General Revenue
14 Fund. As used in this paragraph, the term "last completed
15 fiscal year" means the most recently completed fiscal year
16 prior to the regular legislative session at which the
17 Legislature considers the General Appropriations Act for the
18 year in which the transfer to the Budget Stabilization Fund
19 must be made under this paragraph.
20 2. By September 15 of each year, the Governor shall
21 authorize the Chief Financial Officer Comptroller to transfer,
22 and the Chief Financial Officer Comptroller shall transfer
23 pursuant to appropriations made by law, to the Budget
24 Stabilization Fund the amount of money needed for the balance
25 of that fund to equal the amount specified in subparagraph 1.,
26 less any amounts expended and not restored. The moneys needed
27 for this transfer may be appropriated by the Legislature from
28 any funds.
29 3. Unless otherwise provided in this subparagraph, an
30 expenditure from the Budget Stabilization Fund must be
31 restored pursuant to a restoration schedule that provides for
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1 making five equal annual transfers from the General Revenue
2 Fund, beginning in the fiscal year following that in which the
3 expenditure was made. For any Budget Stabilization Fund
4 expenditure, the Legislature may establish by law a different
5 restoration schedule and such change may be made at any time
6 during the restoration period. Moneys are hereby appropriated
7 for transfers pursuant to this subparagraph.
8 4. The Budget Stabilization Fund and the Working
9 Capital Fund may be used as revolving funds for transfers as
10 provided in s. 18.125; however, any interest earned must be
11 deposited in the General Revenue Fund.
12 5. The Chief Financial Officer Comptroller and the
13 Department of Management Services shall transfer funds to
14 water management districts to pay eligible water management
15 district employees for all benefits due under s. 373.6065, as
16 long as funds remain available for the program described under
17 s. 100.152.
18 (d) The Working Capital Fund shall consist of moneys
19 in the General Revenue Fund which are in excess of the amount
20 needed to meet General Revenue Fund appropriations for the
21 current fiscal year. Each year, no later than the publishing
22 date of the annual financial statements for the state by the
23 Chief Financial Officer Comptroller under s. 216.102, funds
24 shall be transferred between the Working Capital Fund and the
25 General Revenue Fund to establish the balance of the Working
26 Capital Fund for that fiscal year at the amount determined
27 pursuant to this paragraph.
28 Section 211. Subsections (2) and (3) of section
29 215.3206, Florida Statutes, are amended to read:
30 215.3206 Trust funds; termination or re-creation.--
31
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1 (2) If the trust fund is terminated and not
2 immediately re-created, all cash balances and income of the
3 trust fund shall be deposited into the General Revenue Fund.
4 The agency or Chief Justice shall pay any outstanding debts 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 practices concerning warrants outstanding,
9 assets, and liabilities. No appropriation or budget amendment
10 shall be construed to authorize any encumbrance of funds from
11 a trust fund after the date on which the trust fund is
12 terminated or is judicially determined to be invalid.
13 (3) On or before September 1 of each year, the Chief
14 Financial Officer Comptroller shall submit to the Executive
15 Office of the Governor, the President of the Senate, and the
16 Speaker of the House of Representatives a list of trust funds
17 that are scheduled to terminate within 12 months after that
18 date and also, beginning September 1, 1996, a list of all
19 trust funds that are exempt from automatic termination
20 pursuant to the provisions of s. 19(f)(3), Art. III of the
21 State Constitution, listing revenues of the trust funds by
22 major revenue category for each of the last 4 fiscal years.
23 Section 212. Paragraph (a) of subsection (2) of
24 section 215.3208, Florida Statutes, is amended to read:
25 215.3208 Trust funds; legislative review.--
26 (2)(a) When the Legislature terminates a trust fund,
27 the agency or branch of state government that administers the
28 trust fund shall pay any outstanding debts or obligations of
29 the trust fund as soon as practicable, and the Chief Financial
30 Officer Comptroller shall close out and remove the trust fund
31 from the various state accounting systems, using generally
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1 accepted accounting principles concerning assets, liabilities,
2 and warrants outstanding.
3 Section 213. Section 215.321, Florida Statutes, is
4 amended to read:
5 215.321 Regulatory trust fund.--All funds received
6 pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,
7 chapter 520, or part I of chapter 559 shall be deposited into
8 the Banking and Finance Regulatory Trust Fund.
9 Section 214. Subsections (2), (3), and (4) of section
10 215.322, Florida Statutes, are amended to read:
11 215.322 Acceptance of credit cards, charge cards, or
12 debit cards by state agencies, units of local government, and
13 the judicial branch.--
14 (2) A state agency as defined in s. 216.011, or the
15 judicial branch, may accept credit cards, charge cards, or
16 debit cards in payment for goods and services with the prior
17 approval of the Chief Financial Officer Treasurer. When the
18 Internet or other related electronic methods are to be used as
19 the collection medium, the State Technology Office shall
20 review and recommend to the Chief Financial Officer Treasurer
21 whether to approve the request with regard to the process or
22 procedure to be used.
23 (3) The Chief Financial Officer Treasurer shall adopt
24 rules governing the establishment and acceptance of credit
25 cards, charge cards, or debit cards by state agencies or the
26 judicial branch, including, but not limited to, the following:
27 (a) Utilization of a standardized contract between the
28 financial institution or other appropriate intermediaries and
29 the agency or judicial branch which shall be developed by the
30 Chief Financial Officer Treasurer or approval by the Chief
31 Financial Officer Treasurer of a substitute agreement.
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1 (b) Procedures which permit an agency or officer
2 accepting payment by credit card, charge card, or debit card
3 to impose a convenience fee upon the person making the
4 payment. However, the total amount of such convenience fees
5 shall not exceed the total cost to the state agency. A
6 convenience fee is not refundable to the payor.
7 Notwithstanding the foregoing, this section shall not be
8 construed to permit surcharges on any other credit card
9 purchase in violation of s. 501.0117.
10 (c) All service fees payable pursuant to this section
11 when practicable shall be invoiced and paid by state warrant
12 or such other manner that is satisfactory to the Chief
13 Financial Officer Comptroller in accordance with the time
14 periods specified in s. 215.422.
15 (d) Submission of information to the Chief Financial
16 Officer Treasurer concerning the acceptance of credit cards,
17 charge cards, or debit cards by all state agencies or the
18 judicial branch.
19 (e) A methodology for agencies to use when completing
20 the cost-benefit analysis referred to in subsection (1). The
21 methodology must consider all quantifiable cost reductions,
22 other benefits to the agency, and potential impact on general
23 revenue. The methodology must also consider nonquantifiable
24 benefits such as the convenience to individuals and businesses
25 that would benefit from the ability to pay for state goods and
26 services through the use of credit cards, charge cards, and
27 debit cards.
28 (4) The Chief Financial Officer may Treasurer is
29 authorized to establish contracts with one or more financial
30 institutions, credit card companies, or other entities which
31 may lawfully provide such services, in a manner consistent
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1 with chapter 287, for processing credit card, charge card, or
2 debit card collections for deposit into the State Treasury or
3 another qualified public depository. Any state agency, or the
4 judicial branch, which accepts payment by credit card, charge
5 card, or debit card shall use at least one of the contractors
6 established by the Chief Financial Officer Treasurer unless
7 the state agency or judicial branch obtains authorization from
8 the Chief Financial Officer Treasurer to use another
9 contractor which is more advantageous to such state agency or
10 the judicial branch. Such contracts may authorize a unit of
11 local government to use the services upon the same terms and
12 conditions for deposit of credit card, charge card, or debit
13 card transactions into its qualified public depositories.
14 Section 215. Subsections (1) and (2) of section
15 215.34, Florida Statutes, are amended to read:
16 215.34 State funds; noncollectible items; procedure.--
17 (1) Any check, draft, or other order for the payment
18 of money in payment of any licenses, fees, taxes, commissions,
19 or charges of any sort authorized to be made under the laws of
20 the state and deposited in the State Treasury as provided
21 herein, which may be returned for any reason by the bank or
22 other payor upon which same shall have been drawn shall be
23 forthwith returned by the Chief Financial Officer State
24 Treasurer for collection to the state officer, the state
25 agency, or the entity of the judicial branch making the
26 deposit. In such case, the Chief Financial Officer may
27 Treasurer is hereby authorized to issue a debit memorandum
28 charging an account of the agency, officer, or entity of the
29 judicial branch which originally received the payment. The
30 original of the debit memorandum shall state the reason for
31 the return of the check, draft, or other order and shall
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1 accompany the item being returned to the officer, agency, or
2 entity of the judicial branch being charged, and a copy of the
3 debit memorandum shall be sent to the Comptroller. The
4 officer, agency, or entity of the judicial branch receiving
5 the charged-back item shall prepare a journal transfer which
6 shall debit the charge against the fund or account to which
7 the same shall have been originally credited. Such procedure
8 for handling noncollectible items shall not be construed as
9 paying funds out of the State Treasury without an
10 appropriation, but shall be considered as an administrative
11 procedure for the efficient handling of state records and
12 accounts.
13 (2) Whenever a check, draft, or other order for the
14 payment of money is returned by the Chief Financial Officer
15 State Treasurer, or by a qualified public depository as
16 defined in s. 280.02, to a state officer, a state agency, or
17 the judicial branch for collection, the officer, agency, or
18 judicial branch shall add to the amount due a service fee of
19 $15 or 5 percent of the face amount of the check, draft, or
20 order, whichever is greater. An agency or the judicial branch
21 may adopt a rule which prescribes a lesser maximum service
22 fee, which shall be added to the amount due for the dishonored
23 check, draft, or other order tendered for a particular
24 service, license, tax, fee, or other charge, but in no event
25 shall the fee be less than $15. The service fee shall be in
26 addition to all other penalties imposed by law, except that
27 when other charges or penalties are imposed by an agency
28 related to a noncollectible item, the amount of the service
29 fee shall not exceed $150. Proceeds from this fee shall be
30 deposited in the same fund as the collected item. Nothing in
31 this section shall be construed as authorization to deposit
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1 moneys outside the State Treasury unless specifically
2 authorized by law.
3 Section 216. Section 215.35, Florida Statutes, is
4 amended to read:
5 215.35 State funds; warrants and their issuance.--All
6 warrants issued by the Chief Financial Officer Comptroller
7 shall be numbered in chronological order commencing with
8 number one in each fiscal year and each warrant shall refer to
9 the Chief Financial Officer's Comptroller's voucher by the
10 number thereof, which voucher shall also be numbered as above
11 set forth. Each warrant shall state the name of the payee
12 thereof and the amount allowed, and said warrant shall be
13 stated in words at length. No warrant shall issue until same
14 has been authorized by an appropriation made by law but such
15 warrant need not state or set forth such authorization. The
16 Chief Financial Officer Comptroller shall register and
17 maintain a record of each warrant in his or her office. The
18 record shall show the funds, accounts, purposes, and
19 departments involved in the issuance of each warrant. In
20 those instances where the expenditure of funds of regulatory
21 boards or commissions has been provided for by laws other than
22 the annual appropriations bill, warrants shall be issued upon
23 requisition to the Chief Financial Officer State Comptroller
24 by the governing body of such board or commission.
25 Section 217. Section 215.405, Florida Statutes, is
26 amended to read:
27 215.405 State agencies and the judicial branch
28 authorized to collect costs of fingerprinting.--Any state
29 agency, or the judicial branch, exercising regulatory
30 authority and authorized to take fingerprints of persons
31 within or seeking to come within such agency's or the judicial
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1 branch's regulatory power may collect from the person or
2 entity on whose behalf the fingerprints were submitted the
3 actual costs of processing such fingerprints including, but
4 not limited to, any charges imposed by the Department of Law
5 Enforcement or any agency or branch of the United States
6 Government. This provision shall constitute express authority
7 for state agencies and the judicial branch to collect the
8 actual costs of processing the fingerprints either prior to or
9 subsequent to the actual processing and shall supersede any
10 other law to the contrary. To administer the provisions of
11 this section, a state agency, or the judicial branch, electing
12 to collect the cost of fingerprinting is empowered to
13 promulgate and adopt rules to establish the amounts and the
14 methods of payment needed to collect such costs. Collections
15 made under these provisions shall be deposited with the Chief
16 Financial Officer Treasurer to an appropriate trust fund
17 account to be designated by the Executive Office of the
18 Governor.
19 Section 218. Section 215.42, Florida Statutes, is
20 amended to read:
21 215.42 Purchases from appropriations, proof of
22 delivery.--The Chief Financial Officer State Comptroller may
23 require proof, as he or she deems necessary, of delivery and
24 receipt of purchases before honoring any voucher for payment
25 from appropriations made in the General Appropriations Act or
26 otherwise provided by law.
27 Section 219. Section 215.422, Florida Statutes, is
28 amended to read:
29 215.422 Warrants, vouchers, and invoices; processing
30 time limits; dispute resolution; agency or judicial branch
31 compliance.--
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1 (1) The voucher authorizing payment of an invoice
2 submitted to an agency of the state or the judicial branch,
3 required by law to be filed with the Chief Financial Officer
4 Comptroller, shall be filed with the Chief Financial Officer
5 Comptroller not later than 20 days after receipt of the
6 invoice and receipt, inspection, and approval of the goods or
7 services, except that in the case of a bona fide dispute the
8 voucher shall contain a statement of the dispute and authorize
9 payment only in the amount not disputed. The Chief Financial
10 Officer Comptroller may establish dollar thresholds and other
11 criteria for all invoices and may delegate to a state agency
12 or the judicial branch responsibility for maintaining the
13 official vouchers and documents for invoices which do not
14 exceed the thresholds or which meet the established criteria.
15 Such records shall be maintained in accordance with the
16 requirements established by the Secretary of State. The
17 electronic payment request transmission to the Chief Financial
18 Officer Comptroller shall constitute filing of a voucher for
19 payment of invoices for which the Chief Financial Officer
20 Comptroller has delegated to an agency custody of official
21 records. Approval and inspection of goods or services shall
22 take no longer than 5 working days unless the bid
23 specifications, purchase order, or contract specifies
24 otherwise. If a voucher filed within the 20-day period is
25 returned by the Department of Financial Services Banking and
26 Finance because of an error, it shall nevertheless be deemed
27 timely filed. The 20-day filing requirement may be waived in
28 whole or in part by the Department of Financial Services
29 Banking and Finance on a showing of exceptional circumstances
30 in accordance with rules and regulations of the department.
31 For the purposes of determining the receipt of invoice date,
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1 the agency or the judicial branch is deemed to receive an
2 invoice on the date on which a proper invoice is first
3 received at the place designated by the agency or the judicial
4 branch. The agency or the judicial branch is deemed to
5 receive an invoice on the date of the invoice if the agency or
6 the judicial branch has failed to annotate the invoice with
7 the date of receipt at the time the agency or the judicial
8 branch actually received the invoice or failed at the time the
9 order is placed or contract made to designate a specific
10 location to which the invoice must be delivered.
11 (2) The warrant in payment of an invoice submitted to
12 an agency of the state or the judicial branch shall be issued
13 not later than 10 days after filing of the voucher authorizing
14 payment. However, this requirement may be waived in whole or
15 in part by the Department of Financial Services Banking and
16 Finance on a showing of exceptional circumstances in
17 accordance with rules and regulations of the department. If
18 the 10-day period contains fewer than 6 working days, the
19 Department of Financial Services Banking and Finance shall be
20 deemed in compliance with this subsection if the warrant is
21 issued within 6 working days without regard to the actual
22 number of calendar days. For purposes of this section, a
23 payment is deemed to be issued on the first working day that
24 payment is available for delivery or mailing to the vendor.
25 (3)(a) Each agency of the state or the judicial branch
26 which is required by law to file vouchers with the Chief
27 Financial Officer Comptroller shall keep a record of the date
28 of receipt of the invoice; dates of receipt, inspection, and
29 approval of the goods or services; date of filing of the
30 voucher; and date of issuance of the warrant in payment
31 thereof. If the voucher is not filed or the warrant is not
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1 issued within the time required, an explanation in writing by
2 the agency head or the Chief Justice shall be submitted to the
3 Department of Financial Services Banking and Finance in a
4 manner prescribed by it. Agencies and the judicial branch
5 shall continue to deliver or mail state payments promptly.
6 (b) If a warrant in payment of an invoice is not
7 issued within 40 days after receipt of the invoice and
8 receipt, inspection, and approval of the goods and services,
9 the agency or judicial branch shall pay to the vendor, in
10 addition to the amount of the invoice, interest at a rate as
11 established pursuant to s. 55.03(1) on the unpaid balance from
12 the expiration of such 40-day period until such time as the
13 warrant is issued to the vendor. Such interest shall be added
14 to the invoice at the time of submission to the Chief
15 Financial Officer Comptroller for payment whenever possible.
16 If addition of the interest penalty is not possible, the
17 agency or judicial branch shall pay the interest penalty
18 payment within 15 days after issuing the warrant. The
19 provisions of this paragraph apply only to undisputed amounts
20 for which payment has been authorized. Disputes shall be
21 resolved in accordance with rules developed and adopted by the
22 Chief Justice for the judicial branch, and rules adopted by
23 the Department of Financial Services Banking and Finance or in
24 a formal administrative proceeding before an administrative
25 law judge of the Division of Administrative Hearings for state
26 agencies, provided that, for the purposes of ss. 120.569 and
27 120.57(1), no party to a dispute involving less than $1,000 in
28 interest penalties shall be deemed to be substantially
29 affected by the dispute or to have a substantial interest in
30 the decision resolving the dispute. In the case of an error on
31 the part of the vendor, the 40-day period shall begin to run
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1 upon receipt by the agency or the judicial branch of a
2 corrected invoice or other remedy of the error. The provisions
3 of this paragraph do not apply when the filing requirement
4 under subsection (1) or subsection (2) has been waived in
5 whole by the Department of Financial Services Banking and
6 Finance. The various state agencies and the judicial branch
7 shall be responsible for initiating the penalty payments
8 required by this subsection and shall use this subsection as
9 authority to make such payments. The budget request submitted
10 to the Legislature shall specifically disclose the amount of
11 any interest paid by any agency or the judicial branch
12 pursuant to this subsection. The temporary unavailability of
13 funds to make a timely payment due for goods or services does
14 not relieve an agency or the judicial branch from the
15 obligation to pay interest penalties under this section.
16 (c) An agency or the judicial branch may make partial
17 payments to a contractor upon partial delivery of goods or
18 services or upon partial completion of construction when a
19 request for such partial payment is made by the contractor and
20 approved by the agency. Provisions of this section and rules
21 of the Department of Financial Services Banking and Finance
22 shall apply to partial payments in the same manner as they
23 apply to full payments.
24 (4) If the terms of the invoice provide a discount for
25 payment in less than 30 days, agencies of the state and the
26 judicial branch shall preferentially process it and use all
27 diligence to obtain the saving by compliance with the invoice
28 terms.
29 (5) All purchasing agreements between a state agency
30 or the judicial branch and a vendor, applicable to this
31 section, shall include a statement of the vendor's rights and
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1 the state's responsibilities under this section. The vendor's
2 rights shall include being provided with the telephone number
3 of the vendor ombudsman within the Department of Financial
4 Services Banking and Finance, which information shall also be
5 placed on all agency or judicial branch purchase orders.
6 (6) The Department of Financial Services Banking and
7 Finance shall monitor each agency's and the judicial branch's
8 compliance with the time limits and interest penalty
9 provisions of this section. The department shall provide a
10 report to an agency or to the judicial branch if the
11 department determines that the agency or the judicial branch
12 has failed to maintain an acceptable rate of compliance with
13 the time limits and interest penalty provisions of this
14 section. The department shall establish criteria for
15 determining acceptable rates of compliance. The report shall
16 also include a list of late vouchers or payments, the amount
17 of interest owed or paid, and any corrective actions
18 recommended. The department shall perform monitoring
19 responsibilities, pursuant to this section, using the
20 Management Services and Purchasing Subsystem or the Florida
21 Accounting Information Resource Subsystem provided in s.
22 215.94. Each agency and the judicial branch shall be
23 responsible for the accuracy of information entered into the
24 Management Services and Purchasing Subsystem and the Florida
25 Accounting Information Resource Subsystem for use in this
26 monitoring.
27 (7) There is created a vendor ombudsman within the
28 Department of Financial Services Banking and Finance who shall
29 be responsible for the following functions:
30 (a) Performing the duties of the department pursuant
31 to subsection (6).
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1 (b) Reviewing requests for waivers due to exceptional
2 circumstances.
3 (c) Disseminating information relative to the prompt
4 payment policies of this state and assisting vendors in
5 receiving their payments in a timely manner.
6 (d) Performing such other duties as determined by the
7 department.
8 (8) The Department of Financial Services Banking and
9 Finance is authorized and directed to adopt and promulgate
10 rules and regulations to implement this section and for
11 resolution of disputes involving amounts of less than $1,000
12 in interest penalties for state agencies. No agency or the
13 judicial branch shall adopt any rule or policy that is
14 inconsistent with this section or the Department of Financial
15 Services' Banking and Finance's rules or policies.
16 (9) Each agency and the judicial branch shall include
17 in the official position description of every officer or
18 employee who is responsible for the approval or processing of
19 vendors' invoices or distribution of warrants to vendors that
20 the requirements of this section are mandatory.
21 (10) Persistent failure to comply with this section by
22 any agency of the state or the judicial branch shall
23 constitute good cause for discharge of employees duly found
24 responsible, or predominantly responsible, for failure to
25 comply.
26 (11) Travel and other reimbursements to state officers
27 and employees must be the same as payments to vendors under
28 this section, except payment of Class C travel subsistence.
29 Class C travel subsistence shall be paid in accordance with
30 the schedule established by the Chief Financial Officer
31 Comptroller pursuant to s. 112.061(5)(b). This section does
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1 not apply to payments made to state agencies, the judicial
2 branch, or the legislative branch.
3 (12) In the event that a state agency or the judicial
4 branch contracts with a third party, uses a revolving fund, or
5 pays from a local bank account to process and pay invoices for
6 goods or services, all requirements for financial obligations
7 and time processing set forth in this section shall be
8 applicable and the state agency or the judicial branch shall
9 be responsible for paying vendors the interest assessed for
10 untimely payment. The state agency or the judicial branch may,
11 through its contract with a third party, require the third
12 party to pay interest from the third party's funds.
13 (13) Notwithstanding the provisions of subsections (3)
14 and (12), in order to alleviate any hardship that may be
15 caused to a health care provider as a result of delay in
16 receiving reimbursement for services, any payment or payments
17 for hospital, medical, or other health care services which are
18 to be reimbursed by a state agency or the judicial branch,
19 either directly or indirectly, shall be made to the health
20 care provider not more than 35 days from the date eligibility
21 for payment of such claim is determined. If payment is not
22 issued to a health care provider within 35 days after the date
23 eligibility for payment of the claim is determined, the state
24 agency or the judicial branch shall pay the health care
25 provider interest at a rate of 1 percent per month calculated
26 on a calendar day basis on the unpaid balance from the
27 expiration of such 35-day period until such time as payment is
28 made to the health care provider, unless a waiver in whole has
29 been granted by the Department of Financial Services Banking
30 and Finance pursuant to subsection (1) or subsection (2).
31
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1 (14) The Chief Financial Officer Comptroller may adopt
2 rules to authorize advance payments for goods and services,
3 including, but not limited to, maintenance agreements and
4 subscriptions. Such rules shall provide objective criteria
5 for determining when it is in the best interest of the state
6 to make payments in advance and shall also provide for
7 adequate protection to ensure that such goods or services will
8 be provided.
9 (15) Nothing contained in this section shall be
10 construed to be an appropriation. Any interest which becomes
11 due and owing pursuant to this section shall only be payable
12 from the appropriation charged for such goods or services.
13 (16) Notwithstanding the provisions of s. 24.120(3),
14 applicable to warrants issued for payment of invoices
15 submitted by the Department of the Lottery, the Chief
16 Financial Officer Comptroller may, by written agreement with
17 the Department of the Lottery, establish a shorter time
18 requirement than the 10 days provided in subsection (2) for
19 warrants issued for payment. Pursuant to such written
20 agreement, the Department of the Lottery shall reimburse the
21 Chief Financial Officer Comptroller for costs associated with
22 processing invoices under the agreement.
23 Section 220. Subsection (1) of section 215.44, Florida
24 Statutes, is amended to read:
25 215.44 Board of Administration; powers and duties in
26 relation to investment of trust funds.--
27 (1) Except when otherwise specifically provided by the
28 State Constitution and subject to any limitations of the trust
29 agreement relating to a trust fund, the Board of
30 Administration, hereinafter sometimes referred to as "board,"
31 composed of the Governor as chair, the Chief Financial Officer
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1 Treasurer, and the Attorney General Comptroller, shall invest
2 all the funds in the System Trust Fund, as defined in s.
3 121.021(36), and all other funds specifically required by law
4 to be invested by the board pursuant to ss. 215.44-215.53 to
5 the fullest extent that is consistent with the cash
6 requirements, trust agreement, and investment objectives of
7 the fund. Notwithstanding any other law to the contrary, the
8 State Board of Administration may invest any funds of any
9 state agency or any unit of local government pursuant to the
10 terms of a trust agreement with the head of the state agency
11 or the governing body of the unit of local government, which
12 trust agreement shall govern the investment of such funds,
13 provided that the board shall approve the undertaking of such
14 investment before execution of the trust agreement by the
15 State Board of Administration. The funds and the earnings
16 therefrom are exempt from the service charge imposed by s.
17 215.20. As used in this subsection, the term "state agency"
18 has the same meaning as that provided in s. 216.001, and the
19 terms "governing body" and "unit of local government" have the
20 same meaning as that provided in s. 218.403.
21 Section 221. Section 215.50, Florida Statutes, is
22 amended to read:
23 215.50 Custody of securities purchased; income.--
24 (1) All securities purchased or held may, with the
25 approval of the board, be in the custody of the Chief
26 Financial Officer Treasurer or the Chief Financial Officer
27 Treasurer as treasurer ex officio of the board, or be
28 deposited with a bank or trust company to be held in
29 safekeeping by such bank or trust company for the collection
30 of principal and interest or of the proceeds of the sale
31 thereof.
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1 (2) It shall be the duty of the board or of the Chief
2 Financial Officer Treasurer, as custodian of the securities of
3 the board, to collect the interest or other income on, and the
4 principal of, such securities in their custody as the sums
5 become due and payable and to pay the same, when so collected,
6 into the investment account of the fund to which the
7 investments belong.
8 (3) The Chief Financial Officer Treasurer, as
9 custodian of securities owned by the Florida Retirement System
10 Trust Fund and the Florida Survivor Benefit Trust Fund, shall
11 collect the interest, dividends, prepayments, maturities,
12 proceeds from sales, and other income accruing from such
13 assets. As such income is collected by the Chief Financial
14 Officer Treasurer, it shall be deposited directly into a
15 commercial bank to the credit of the State Board of
16 Administration. Such bank accounts as may be required for
17 this purpose shall offer satisfactory collateral security as
18 provided by chapter 280. In the event funds so deposited
19 according to the provisions of this section are required for
20 the purpose of paying benefits or other operational needs, the
21 State Board of Administration shall remit to the Florida
22 Retirement System Trust Fund in the State Treasury such
23 amounts as may be requested by the Department of Management
24 Services.
25 (4) Securities that the board selects to use for
26 options operations under s. 215.45 or for lending under s.
27 215.47(16) shall be registered by the Chief Financial Officer
28 Treasurer in the name of a third-party nominee in order to
29 facilitate such operations.
30 Section 222. Section 215.551, Florida Statutes, is
31 amended to read:
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1 215.551 Federal Use of State Lands Trust Fund; county
2 distribution.--
3 (1) The Chief Financial Officer Comptroller may make
4 distribution of the Federal Use of State Lands Trust Fund,
5 when so requested by the counties in interest, of such amounts
6 as may be accumulated in that fund.
7 (2) The Chief Financial Officer Comptroller shall
8 ascertain, from the records of the General Land Office or
9 other departments in Washington, D.C., the number of acres of
10 land situated in the several counties in which the
11 Apalachicola, Choctawhatchee, Ocala, and Osceola Forest
12 Reserves are located, the number of acres of land of such
13 forest reserve embraced in each of the counties in each of the
14 reserves, and, also, the amount of money received by the
15 United States Government from each of the reserves,
16 respectively. The Chief Financial Officer Comptroller shall
17 apportion the money on hand to each county in each reserve,
18 respectively and separately; such distribution shall be based
19 upon the number of acres of land embraced in the Apalachicola
20 Forest, Choctawhatchee Forest, Ocala Forest, and Osceola
21 Forest, respectively, in each county and shall be further
22 based upon the amount collected by the United States from each
23 of such forests, so that such distribution, when made, will
24 include for each county the amount due each county, based upon
25 the receipts for the particular forest and the acreage in the
26 particular county in which such forest is located. The Chief
27 Financial Officer Comptroller shall issue two warrants on the
28 Treasurer in each case, the sum of which shall be the amount
29 due each of such counties from the fund. One warrant shall be
30 payable to the county for the county general road fund, and
31
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1 one warrant, of equal amount, shall be payable to such
2 county's district school board for the district school fund.
3 (3) In the event that actual figures of receipts from
4 different reserves cannot be obtained by counties, so as to
5 fully comply with subsections (1) and (2), the Chief Financial
6 Officer Comptroller may adjust the matter according to the
7 United States statutes, or as may appear to him or her to be
8 just and fair, and with the approval of all counties in
9 interest.
10 (4) The moneys that may be received and credited to
11 the Federal Use of State Lands Trust Fund are appropriated for
12 the payment of the warrants of the Chief Financial Officer
13 Comptroller drawn on the Treasurer in pursuance of this
14 section.
15 Section 223. Section 215.552, Florida Statutes, is
16 amended to read:
17 215.552 Federal Use of State Lands Trust Fund; land
18 within military installations; county distribution.--The Chief
19 Financial Officer Comptroller shall distribute moneys from the
20 Federal Use of State Lands Trust Fund when so requested by the
21 counties so affected. The Chief Financial Officer Comptroller
22 shall apportion the money on hand equal to the percentage of
23 land in each county within each military installation, and the
24 amount so apportioned to each county shall be applied by such
25 counties equally divided between the district school fund and
26 the general road fund of such counties.
27 Section 224. Paragraph (c) of subsection (2),
28 paragraph (d) of subsection (4), and paragraphs (a), (b), and
29 (c) of subsection (6) of section 215.555, Florida Statutes,
30 are amended to read:
31 215.555 Florida Hurricane Catastrophe Fund.--
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1 (2) DEFINITIONS.--As used in this section:
2 (c) "Covered policy" means any insurance policy
3 covering residential property in this state, including, but
4 not limited to, any homeowner's, mobile home owner's, farm
5 owner's, condominium association, condominium unit owner's,
6 tenant's, or apartment building policy, or any other policy
7 covering a residential structure or its contents issued by any
8 authorized insurer, including any joint underwriting
9 association or similar entity created pursuant to law.
10 Additionally, covered policies include policies covering the
11 peril of wind removed from the Florida Residential Property
12 and Casualty Joint Underwriting Association, created pursuant
13 to s. 627.351(6), or from the Florida Windstorm Underwriting
14 Association, created pursuant to s. 627.351(2), by an
15 authorized insurer under the terms and conditions of an
16 executed assumption agreement between the authorized insurer
17 and either such association. Each assumption agreement between
18 either association and such authorized insurer must be
19 approved by the Florida Department of Financial Services
20 Insurance prior to the effective date of the assumption, and
21 the Department of Financial Services Insurance must provide
22 written notification to the board within 15 working days after
23 such approval. "Covered policy" does not include any policy
24 that excludes wind coverage or hurricane coverage or any
25 reinsurance agreement and does not include any policy
26 otherwise meeting this definition which is issued by a surplus
27 lines insurer or a reinsurer.
28 (4) REIMBURSEMENT CONTRACTS.--
29 (d)1. For purposes of determining potential liability
30 and to aid in the sound administration of the fund, the
31 contract shall require each insurer to report such insurer's
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1 losses from each covered event on an interim basis, as
2 directed by the board. The contract shall require the insurer
3 to report to the board no later than December 31 of each year,
4 and quarterly thereafter, its reimbursable losses from covered
5 events for the year. The contract shall require the board to
6 determine and pay, as soon as practicable after receiving
7 these reports of reimbursable losses, the initial amount of
8 reimbursement due and adjustments to this amount based on
9 later loss information. The adjustments to reimbursement
10 amounts shall require the board to pay, or the insurer to
11 return, amounts reflecting the most recent calculation of
12 losses.
13 2. In determining reimbursements pursuant to this
14 subsection, the contract shall provide that the board shall:
15 a. First reimburse insurers writing covered policies,
16 which insurers are in full compliance with this section and
17 have petitioned the Department of Financial Services Insurance
18 and qualified as limited apportionment companies under s.
19 627.351(2)(b)3. The amount of such reimbursement shall be the
20 lesser of $10 million or an amount equal to 10 times the
21 insurer's reimbursement premium for the current year. The
22 amount of reimbursement paid under this sub-subparagraph may
23 not exceed the full amount of reimbursement promised in the
24 reimbursement contract. This sub-subparagraph does not apply
25 with respect to any contract year in which the year-end
26 projected cash balance of the fund, exclusive of any bonding
27 capacity of the fund, exceeds $2 billion. Only one member of
28 any insurer group may receive reimbursement under this
29 sub-subparagraph.
30 b. Next pay to each insurer such insurer's projected
31 payout, which is the amount of reimbursement it is owed, up to
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1 an amount equal to the insurer's share of the actual premium
2 paid for that contract year, multiplied by the actual
3 claims-paying capacity available for that contract year;
4 provided, entities created pursuant to s. 627.351 shall be
5 further reimbursed in accordance with sub-subparagraph c.
6 c. Thereafter, establish, based on reimbursable
7 losses, the prorated reimbursement level at the highest level
8 for which any remaining fund balance or bond proceeds are
9 sufficient to reimburse entities created pursuant to s.
10 627.351 for losses exceeding the amounts payable pursuant to
11 sub-subparagraph b. for the current contract year.
12 (6) REVENUE BONDS.--
13 (a) General provisions.--
14 1. Upon the occurrence of a hurricane and a
15 determination that the moneys in the fund are or will be
16 insufficient to pay reimbursement at the levels promised in
17 the reimbursement contracts, the board may take the necessary
18 steps under paragraph (b) or paragraph (c) for the issuance of
19 revenue bonds for the benefit of the fund. The proceeds of
20 such revenue bonds may be used to make reimbursement payments
21 under reimbursement contracts; to refinance or replace
22 previously existing borrowings or financial arrangements; to
23 pay interest on bonds; to fund reserves for the bonds; to pay
24 expenses incident to the issuance or sale of any bond issued
25 under this section, including costs of validating, printing,
26 and delivering the bonds, costs of printing the official
27 statement, costs of publishing notices of sale of the bonds,
28 and related administrative expenses; or for such other
29 purposes related to the financial obligations of the fund as
30 the board may determine. The term of the bonds may not exceed
31 30 years. The board may pledge or authorize the corporation to
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1 pledge all or a portion of all revenues under subsection (5)
2 and under subparagraph 3. to secure such revenue bonds and the
3 board may execute such agreements between the board and the
4 issuer of any revenue bonds and providers of other financing
5 arrangements under paragraph (7)(b) as the board deems
6 necessary to evidence, secure, preserve, and protect such
7 pledge. If reimbursement premiums received under subsection
8 (5) or earnings on such premiums are used to pay debt service
9 on revenue bonds, such premiums and earnings shall be used
10 only after the use of the moneys derived from assessments
11 under subparagraph 3. The funds, credit, property, or taxing
12 power of the state or political subdivisions of the state
13 shall not be pledged for the payment of such bonds. The board
14 may also enter into agreements under paragraph (b) or
15 paragraph (c) for the purpose of issuing revenue bonds in the
16 absence of a hurricane upon a determination that such action
17 would maximize the ability of the fund to meet future
18 obligations.
19 2. The Legislature finds and declares that the
20 issuance of bonds under this subsection is for the public
21 purpose of paying the proceeds of the bonds to insurers,
22 thereby enabling insurers to pay the claims of policyholders
23 to assure that policyholders are able to pay the cost of
24 construction, reconstruction, repair, restoration, and other
25 costs associated with damage to property of policyholders of
26 covered policies after the occurrence of a hurricane. Revenue
27 bonds may not be issued under this subsection until validated
28 under chapter 75. The validation of at least the first
29 obligations incurred pursuant to this subsection shall be
30 appealed to the Supreme Court, to be handled on an expedited
31 basis.
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1 3. If the board determines that the amount of revenue
2 produced under subsection (5) is insufficient to fund the
3 obligations, costs, and expenses of the fund and the
4 corporation, including repayment of revenue bonds, the board
5 shall direct the Department of Financial Services Insurance to
6 levy an emergency assessment on each insurer writing property
7 and casualty business in this state. Pursuant to the emergency
8 assessment, each such insurer shall pay to the corporation by
9 July 1 of each year an amount set by the board not exceeding 2
10 percent of its gross direct written premium for the prior year
11 from all property and casualty business in this state except
12 for workers' compensation, except that, if the Governor has
13 declared a state of emergency under s. 252.36 due to the
14 occurrence of a covered event, the amount of the assessment
15 for the contract year may be increased to an amount not
16 exceeding 4 percent of such premium. Any assessment authority
17 not used for the contract year may be used for a subsequent
18 contract year. If, for a subsequent contract year, the board
19 determines that the amount of revenue produced under
20 subsection (5) is insufficient to fund the obligations, costs,
21 and expenses of the fund and the corporation, including
22 repayment of revenue bonds for that contract year, the board
23 shall direct the Department of Financial Services Insurance to
24 levy an emergency assessment up to an amount not exceeding the
25 amount of unused assessment authority from a previous contract
26 year or years, plus an additional 2 percent if the Governor
27 has declared a state of emergency under s. 252.36 due to the
28 occurrence of a covered event. Any assessment authority not
29 used for the contract year may be used for a subsequent
30 contract year. As used in this subsection, the term "property
31 and casualty business" includes all lines of business
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1 identified on Form 2, Exhibit of Premiums and Losses, in the
2 annual statement required by s. 624.424 and any rules adopted
3 under such section, except for those lines identified as
4 accident and health insurance. The annual assessments under
5 this subparagraph shall continue as long as the revenue bonds
6 issued with respect to which the assessment was imposed are
7 outstanding, unless adequate provision has been made for the
8 payment of such bonds pursuant to the documents authorizing
9 issuance of the bonds. An insurer shall not at any time be
10 subject to aggregate annual assessments under this
11 subparagraph of more than 2 percent of premium, except that in
12 the case of a declared emergency, an insurer shall not at any
13 time be subject to aggregate annual assessments under this
14 subparagraph of more than 6 percent of premium; provided, no
15 more than 4 percent may be assessed for any one contract year.
16 Any rate filing or portion of a rate filing reflecting a rate
17 change attributable entirely to the assessment levied under
18 this subparagraph shall be deemed approved when made, subject
19 to the authority of the Department of Financial Services
20 Insurance to require actuarial justification as to the
21 adequacy of any rate at any time. If the rate filing reflects
22 only a rate change attributable to the assessment under this
23 paragraph, the filing may consist of a certification so
24 stating. The assessments otherwise payable to the corporation
25 pursuant to this subparagraph shall be paid instead to the
26 fund unless and until the Department of Financial Services
27 Insurance has received from the corporation and the fund a
28 notice, which shall be conclusive and upon which the
29 Department of Financial Services Insurance may rely without
30 further inquiry, that the corporation has issued bonds and the
31 fund has no agreements in effect with local governments
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1 pursuant to paragraph (b). On or after the date of such
2 notice and until such date as the corporation has no bonds
3 outstanding, the fund shall have no right, title, or interest
4 in or to the assessments, except as provided in the fund's
5 agreements with the corporation.
6 (b) Revenue bond issuance through counties or
7 municipalities.--
8 1. If the board elects to enter into agreements with
9 local governments for the issuance of revenue bonds for the
10 benefit of the fund, the board shall enter into such contracts
11 with one or more local governments, including agreements
12 providing for the pledge of revenues, as are necessary to
13 effect such issuance. The governing body of a county or
14 municipality is authorized to issue bonds as defined in s.
15 125.013 or s. 166.101 from time to time to fund an assistance
16 program, in conjunction with the Florida Hurricane Catastrophe
17 Fund, for the purposes set forth in this section or for the
18 purpose of paying the costs of construction, reconstruction,
19 repair, restoration, and other costs associated with damage to
20 properties of policyholders of covered policies due to the
21 occurrence of a hurricane by assuring that policyholders
22 located in this state are able to recover claims under
23 property insurance policies after a covered event.
24 2. In order to avoid needless and indiscriminate
25 proliferation, duplication, and fragmentation of such
26 assistance programs, any local government may provide for the
27 payment of fund reimbursements, regardless of whether or not
28 the losses for which reimbursement is made occurred within or
29 outside of the territorial jurisdiction of the local
30 government.
31
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1 3. The state hereby covenants with holders of bonds
2 issued under this paragraph that the state will not repeal or
3 abrogate the power of the board to direct the Department of
4 Financial Services Insurance to levy the assessments and to
5 collect the proceeds of the revenues pledged to the payment of
6 such bonds as long as any such bonds remain outstanding unless
7 adequate provision has been made for the payment of such bonds
8 pursuant to the documents authorizing the issuance of such
9 bonds.
10 4. There shall be no liability on the part of, and no
11 cause of action shall arise against any members or employees
12 of the governing body of a local government for any actions
13 taken by them in the performance of their duties under this
14 paragraph.
15 (c) Florida Hurricane Catastrophe Fund Finance
16 Corporation.--
17 1. In addition to the findings and declarations in
18 subsection (1), the Legislature also finds and declares that:
19 a. The public benefits corporation created under this
20 paragraph will provide a mechanism necessary for the
21 cost-effective and efficient issuance of bonds. This mechanism
22 will eliminate unnecessary costs in the bond issuance process,
23 thereby increasing the amounts available to pay reimbursement
24 for losses to property sustained as a result of hurricane
25 damage.
26 b. The purpose of such bonds is to fund reimbursements
27 through the Florida Hurricane Catastrophe Fund to pay for the
28 costs of construction, reconstruction, repair, restoration,
29 and other costs associated with damage to properties of
30 policyholders of covered policies due to the occurrence of a
31 hurricane.
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1 c. The efficacy of the financing mechanism will be
2 enhanced by the corporation's ownership of the assessments, by
3 the insulation of the assessments from possible bankruptcy
4 proceedings, and by covenants of the state with the
5 corporation's bondholders.
6 2.a. There is created a public benefits corporation,
7 which is an instrumentality of the state, to be known as the
8 Florida Hurricane Catastrophe Fund Finance Corporation.
9 b. The corporation shall operate under a five-member
10 board of directors consisting of the Governor or a designee,
11 the Chief Financial Officer Comptroller or a designee, the
12 director of the Division of Insurer Services of the Department
13 of Financial Services Treasurer or a designee, the director of
14 the Division of Bond Finance of the State Board of
15 Administration, and the chief operating officer of the Florida
16 Hurricane Catastrophe Fund.
17 c. The corporation has all of the powers of
18 corporations under chapter 607 and under chapter 617, subject
19 only to the provisions of this subsection.
20 d. The corporation may issue bonds and engage in such
21 other financial transactions as are necessary to provide
22 sufficient funds to achieve the purposes of this section.
23 e. The corporation may invest in any of the
24 investments authorized under s. 215.47.
25 f. There shall be no liability on the part of, and no
26 cause of action shall arise against, any board members or
27 employees of the corporation for any actions taken by them in
28 the performance of their duties under this paragraph.
29 3.a. In actions under chapter 75 to validate any bonds
30 issued by the corporation, the notice required by s. 75.06
31 shall be published only in Leon County and in two newspapers
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1 of general circulation in the state, and the complaint and
2 order of the court shall be served only on the State Attorney
3 of the Second Judicial Circuit.
4 b. The state hereby covenants with holders of bonds of
5 the corporation that the state will not repeal or abrogate the
6 power of the board to direct the Department of Financial
7 Services Insurance to levy the assessments and to collect the
8 proceeds of the revenues pledged to the payment of such bonds
9 as long as any such bonds remain outstanding unless adequate
10 provision has been made for the payment of such bonds pursuant
11 to the documents authorizing the issuance of such bonds.
12 4. The bonds of the corporation are not a debt of the
13 state or of any political subdivision, and neither the state
14 nor any political subdivision is liable on such bonds. The
15 corporation does not have the power to pledge the credit, the
16 revenues, or the taxing power of the state or of any political
17 subdivision. The credit, revenues, or taxing power of the
18 state or of any political subdivision shall not be deemed to
19 be pledged to the payment of any bonds of the corporation.
20 5.a. The property, revenues, and other assets of the
21 corporation; the transactions and operations of the
22 corporation and the income from such transactions and
23 operations; and all bonds issued under this paragraph and
24 interest on such bonds are exempt from taxation by the state
25 and any political subdivision, including the intangibles tax
26 under chapter 199 and the income tax under chapter 220. This
27 exemption does not apply to any tax imposed by chapter 220 on
28 interest, income, or profits on debt obligations owned by
29 corporations other than the Florida Hurricane Catastrophe Fund
30 Finance Corporation.
31
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1 b. All bonds of the corporation shall be and
2 constitute legal investments without limitation for all public
3 bodies of this state; for all banks, trust companies, savings
4 banks, savings associations, savings and loan associations,
5 and investment companies; for all administrators, executors,
6 trustees, and other fiduciaries; for all insurance companies
7 and associations and other persons carrying on an insurance
8 business; and for all other persons who are now or may
9 hereafter be authorized to invest in bonds or other
10 obligations of the state and shall be and constitute eligible
11 securities to be deposited as collateral for the security of
12 any state, county, municipal, or other public funds. This
13 sub-subparagraph shall be considered as additional and
14 supplemental authority and shall not be limited without
15 specific reference to this sub-subparagraph.
16 6. The corporation and its corporate existence shall
17 continue until terminated by law; however, no such law shall
18 take effect as long as the corporation has bonds outstanding
19 unless adequate provision has been made for the payment of
20 such bonds pursuant to the documents authorizing the issuance
21 of such bonds. Upon termination of the existence of the
22 corporation, all of its rights and properties in excess of its
23 obligations shall pass to and be vested in the state.
24 Section 225. Subsection (5) of section 215.559,
25 Florida Statutes, is amended to read:
26 215.559 Hurricane Loss Mitigation Program.--
27 (5) Except for the program set forth in subsection
28 (3), the Department of Community Affairs shall develop the
29 programs set forth in this section in consultation with an
30 advisory council consisting of a representative designated by
31 the Department of Financial Services Insurance, a
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1 representative designated by the Florida Home Builders
2 Association, a representative designated by the Florida
3 Insurance Council, a representative designated by the
4 Federation of Manufactured Home Owners, a representative
5 designated by the Florida Association of Counties, and a
6 representative designated by the Florida Manufactured Housing
7 Association.
8 Section 226. Paragraph (c) of subsection (1) and
9 paragraph (a) of subsection (3) of section 215.56005, Florida
10 Statutes, are amended to read:
11 215.56005 Tobacco Settlement Financing Corporation.--
12 (1) DEFINITIONS.--As used in this section:
13 (c) "Department" means the Department of Financial
14 Services Banking and Finance or its successor.
15 (3) POWERS OF THE DEPARTMENT.--
16 (a) The department is authorized, on behalf of the
17 state, to do all things necessary or desirable to assist the
18 corporation in the execution of the corporation's
19 responsibilities, including, but not limited to, processing
20 budget amendments against the Department of Financial Services
21 Banking and Finance Tobacco Settlement Clearing Trust Fund,
22 subject to the requirements of s. 216.177, for the costs and
23 expenses of administration of the corporation in an amount not
24 to exceed $500,000; entering into one or more purchase
25 agreements to sell to the corporation any or all of the
26 state's right, title, and interest in and to the tobacco
27 settlement agreement; executing any administrative agreements
28 with the corporation to fund the administration, operation,
29 and expenses of the corporation from moneys appropriated for
30 such purpose; and executing and delivering any and all other
31 documents and agreements necessary or desirable in connection
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1 with the sale of any or all of the state's right, title, and
2 interest in and to the tobacco settlement agreement to the
3 corporation or the issuance of the bonds by the corporation.
4 The department's authority to sell any or all of the state's
5 right, title, and interest in and to the tobacco settlement
6 agreement is subject to approval by the Legislature in a
7 regular, extended, or special session.
8 Section 227. Subsection (3) and paragraph (a) of
9 subsection (5) of section 215.5601, Florida Statutes, are
10 amended to read:
11 215.5601 Lawton Chiles Endowment Fund.--
12 (3) LAWTON CHILES ENDOWMENT FUND; CREATION;
13 PRINCIPAL.--
14 (a) There is created the Lawton Chiles Endowment Fund,
15 to be administered by the State Board of Administration. The
16 endowment shall serve as a clearing trust fund, not subject to
17 termination under s. 19(f), Art. III of the State
18 Constitution. The endowment fund shall be exempt from the
19 service charges imposed by s. 215.20.
20 (b) The endowment shall receive moneys from the sale
21 of the state's right, title, and interest in and to the
22 tobacco settlement agreement as defined in s. 215.56005,
23 including the right to receive payments under such agreement,
24 and from accounts transferred from the Department of Financial
25 Services Banking and Finance Tobacco Settlement Clearing Trust
26 Fund established under s. 17.41. Amounts to be transferred
27 from the Department of Financial Services Banking and Finance
28 Tobacco Settlement Clearing Trust Fund to the endowment shall
29 be in the following amounts for the following fiscal years:
30 1. For fiscal year 1999-2000, $1.1 billion;
31 2. For fiscal year 2000-2001, $200 million;
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1 3. For fiscal year 2001-2002, $200 million;
2 4. For fiscal year 2002-2003, $200 million; and
3 (c) Amounts to be transferred under subparagraphs
4 (b)2., 3., and 4. may be reduced by an amount equal to the
5 lesser of $200 million or the amount the endowment receives in
6 that fiscal year from the sale of the state's right, title,
7 and interest in and to the tobacco settlement agreement.
8 (d) For fiscal year 2001-2002, $150 million of the
9 existing principal in the endowment shall be reserved and
10 accounted for within the endowment, the income from which
11 shall be used solely for the funding for biomedical research
12 activities as provided in s. 215.5602. The income from the
13 remaining principal shall be used solely as the source of
14 funding for health and human services programs for children
15 and elders as provided in subsection (5). The separate account
16 for biomedical research shall be dissolved and the entire
17 principal in the endowment shall be used exclusively for
18 health and human services programs when cures have been found
19 for tobacco-related cancer, heart, and lung disease.
20 (5) AVAILABILITY OF FUNDS; USES.--
21 (a) Funds from the endowment which are available for
22 legislative appropriation shall be transferred by the board to
23 the Department of Financial Services Banking and Finance
24 Tobacco Settlement Clearing Trust Fund, created in s. 17.41,
25 and disbursed in accordance with the legislative
26 appropriation.
27 1. Appropriations by the Legislature to the Department
28 of Health from endowment earnings from the principal set aside
29 for biomedical research shall be from a category called the
30 Florida Biomedical Research Program and shall be deposited
31
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1 into the Biomedical Research Trust Fund in the Department of
2 Health established in s. 20.435.
3 2. Appropriations by the Legislature to the Department
4 of Children and Family Services, the Department of Health, or
5 the Department of Elderly Affairs for health and human
6 services programs shall be from a category called the Lawton
7 Chiles Endowment Fund Programs and shall be deposited into
8 each department's respective Tobacco Settlement Trust Fund as
9 appropriated.
10 Section 228. Section 215.58, Florida Statutes, is
11 amended to read:
12 215.58 Definitions relating to State Bond Act.--The
13 following words or terms when used in this act shall have the
14 following meanings:
15 (1) "Governor" means shall mean the Governor of the
16 state or any Acting Governor or other person then exercising
17 the duties of the office of Governor.
18 (2) "Treasurer" shall mean the Insurance Commissioner
19 and Treasurer.
20 (3) "Comptroller" shall mean the State Comptroller.
21 (2)(4) "State" means shall mean the State of Florida.
22 (3)(5) "Division" means shall mean the Division of
23 Bond Finance.
24 (4)(6) "Board" means shall mean the governing board of
25 the said division, which shall be composed of the Governor and
26 Cabinet.
27 (5)(7) "Director" means shall mean the chief
28 administrator of the division, who shall act on behalf of the
29 division when authorized by the board, as provided by this
30 act.
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1 (6)(8) "State agency" means shall mean any board,
2 commission, authority, or other state agency heretofore or
3 hereafter created by the constitution or statutes of the
4 state.
5 (7)(9) "Bonds" means shall mean state bonds, or any
6 revenue bonds, certificates or other obligations heretofore or
7 hereafter authorized to be issued by said division or by any
8 state agency.
9 (8)(10) "State bonds" means shall mean bonds pledging
10 the full faith and credit of the State of Florida.
11 (9)(11) "Legislature" means shall mean the State
12 Legislature.
13 (11)(12) "Constitution" means shall mean the existing
14 constitution of the state, or any constitution hereafter
15 adopted by the people of the state, together with all
16 amendments thereof.
17 (11)(13) "Original issue discount" means the amount by
18 which the par value of a bond exceeds its public offering
19 price at the time it is originally offered to an investor.
20 (12)(14) "Governmental agency" means shall mean:
21 (a) The state or any department, commission, agency,
22 or other instrumentality thereof.
23 (b) Any county or municipality or any department,
24 commission, agency, or other instrumentality thereof.
25 (c) Any school board or special district, authority,
26 or governmental entity.
27 Section 229. Subsection (1) of section 215.62, Florida
28 Statutes, is amended to read:
29 215.62 Division of Bond Finance.--
30 (1) There is hereby created a division of the State
31 Board of Administration of the state to be known as the
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1 Division of Bond Finance. The Governor shall be the chair of
2 the governing board of the division, the Attorney General
3 Comptroller shall be the secretary of the board, and the Chief
4 Financial Officer Treasurer shall be the treasurer of the
5 board for the purposes of this act. The division shall be a
6 public body corporate for the purposes of this act.
7 Section 230. Subsections (2), (3), (4), (5), and (8)
8 of section 215.684, Florida Statutes, are amended to read:
9 215.684 Limitation on engaging services of securities
10 broker or bond underwriter convicted of fraud.--
11 (2) Upon notification under chapter 517 that a person
12 or firm has been convicted or has pleaded as provided in
13 subsection (1), the Chief Financial Officer Comptroller shall
14 issue a notice of intent to take action to disqualify such
15 person or firm, which notice must 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
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1 (3) The Chief Financial Officer Comptroller shall
2 decide, based on the following criteria, whether or not to
3 mitigate the duration of the disqualification:
4 (a) The nature and details of the crime;
5 (b) The degree of culpability of the person or firm
6 proposed to be requalified;
7 (c) Prompt or voluntary payment of any damages or
8 penalty as a result of the conviction and disassociation from
9 any other person or firm involved in the crimes of fraud;
10 (d) Cooperation with state or federal investigation or
11 prosecution of the crime of fraud;
12 (e) Prior or future self-policing by the person or
13 firm to prevent crimes of fraud; and
14 (f) Reinstatement or clemency in any jurisdiction in
15 relation to the crime at issue in the proceeding.
16 (4) If the Chief Financial Officer Comptroller in his
17 or her sole discretion decides to mitigate the duration of the
18 disqualification based on the foregoing, the duration of
19 disqualification shall be for any period the Chief Financial
20 Officer Comptroller specifies up to 2 years from the date of
21 the person's or firm's conviction or plea. If the Chief
22 Financial Officer Comptroller refuses to mitigate the duration
23 of the disqualification, such person or firm may again file
24 for mitigation no sooner than 9 months after denial by the
25 Chief Financial Officer Comptroller.
26 (5) Notwithstanding subsection (4), a firm or person
27 at any time may petition the Chief Financial Officer
28 Comptroller for termination of the disqualification based upon
29 a reversal of the conviction of the firm or person by an
30 appellate court or a pardon.
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1 (8) Except when otherwise provided by law for crimes
2 of fraud with respect to the transaction of business with any
3 public entity or with an agency or political subdivision of
4 any other state or with the United States, this act
5 constitutes the sole authorization for determining when a
6 person or firm convicted or having pleaded guilty or nolo
7 contendere to the crime of fraud may not be engaged to provide
8 services as a securities broker or bond underwriter with the
9 state. Nothing in this act shall be construed to affect the
10 authority granted the Chief Financial Officer Comptroller
11 under chapter 517 to revoke or suspend the license of such
12 securities dealer or bond underwriter.
13 Section 231. Subsection (4) of section 215.70, Florida
14 Statutes, is amended to read:
15 215.70 State Board of Administration to act in case of
16 defaults.--
17 (4) Whenever it becomes necessary for state funds to
18 be appropriated for the payment of principal or interest on
19 bonds which have been issued by the Division of Bond Finance
20 on behalf of any local government or authority and for which
21 the full faith and credit of the state has been pledged, any
22 state shared revenues otherwise earmarked for the local
23 government or authority shall be used by the Chief Financial
24 Officer Comptroller to reimburse the state, until the local
25 government or authority has reimbursed the state in full.
26 Section 232. Subsection (4) of section 215.91, Florida
27 Statutes, is amended to read:
28 215.91 Florida Financial Management Information
29 System; board; council.--
30 (4) The council shall provide ongoing counsel to the
31 board and act to resolve problems among or between the
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1 functional owner subsystems. The board, through the
2 coordinating council, shall direct and manage the development,
3 implementation, and operation of the information subsystems
4 that together are the Florida Financial Management Information
5 System. The coordinating council shall approve the
6 information subsystems' designs prior to the development,
7 implementation, and operation of the subsystems and shall
8 approve subsequent proposed design modifications to the
9 information subsystems subject to the guidelines issued by the
10 council. The coordinating council shall ensure that the
11 information subsystems' operations support the exchange of
12 unified and coordinated data between information subsystems.
13 The coordinating council shall establish the common data codes
14 for financial management, and it shall require and ensure the
15 use of common data codes by the information subsystems that
16 together constitute the Florida Financial Management
17 Information System. The Chief Financial Officer Comptroller
18 shall adopt a chart of accounts consistent with the common
19 financial management data codes established by the
20 coordinating council. The board, through the coordinating
21 council, shall establish the financial management policies and
22 procedures for the executive branch of state government. The
23 coordinating council shall notify in writing the chairs of the
24 legislative fiscal committees and the Chief Justice of the
25 Supreme Court regarding the adoption of, or modification to, a
26 proposed financial management policy or procedure. The notice
27 shall solicit comments from the chairs of the legislative
28 fiscal committees and the Chief Justice of the Supreme Court
29 at least 14 consecutive days before the final action by the
30 coordinating council.
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1 Section 233. Subsection (5) of section 215.92, Florida
2 Statutes, is amended to read:
3 215.92 Definitions relating to Florida Financial
4 Management Information System Act.--For the purposes of ss.
5 215.90-215.96:
6 (5) "Design and coordination staff" means the
7 personnel responsible for providing administrative and
8 clerical support to the board, coordinating council, and
9 secretary to the board. The design and coordination staff
10 shall function as the agency clerk for the board and the
11 coordinating council. For administrative purposes, the design
12 and coordination staff are assigned to the Department of
13 Financial Services Banking and Finance but they are
14 functionally assigned to the board.
15 Section 234. Subsection (3) of section 215.93, Florida
16 Statutes, is amended to read:
17 215.93 Florida Financial Management Information
18 System.--
19 (3) The Florida Financial Management Information
20 System shall include financial management data and utilize the
21 chart of accounts approved by the Chief Financial Officer
22 Comptroller. Common financial management data shall include,
23 but not be limited to, data codes, titles, and definitions
24 used by one or more of the functional owner subsystems. The
25 Florida Financial Management Information System shall utilize
26 common financial management data codes. The council shall
27 recommend and the board shall adopt policies regarding the
28 approval and publication of the financial management data.
29 The Chief Financial Officer Comptroller shall adopt policies
30 regarding the approval and publication of the chart of
31 accounts. The Chief Financial Officer's Comptroller's chart
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1 of accounts shall be consistent with the common financial
2 management data codes established by the coordinating council.
3 Further, all systems not a part of the Florida Financial
4 Management Information System which provide information to the
5 system shall use the common data codes from the Florida
6 Financial Management Information System and the Chief
7 Financial Officer's Comptroller's chart of accounts. Data
8 codes that cannot be supplied by the Florida Financial
9 Management Information System and the Chief Financial
10 Officer's Comptroller's chart of accounts and that are
11 required for use by the information subsystems shall be
12 approved by the board upon recommendation of the coordinating
13 council. However, board approval shall not be required for
14 those data codes specified by the Auditor General under the
15 provisions of s. 215.94(6)(c).
16 Section 235. Subsections (2) and (3) and paragraph (a)
17 of subsection (5) of section 215.94, Florida Statutes, are
18 amended to read:
19 215.94 Designation, duties, and responsibilities of
20 functional owners.--
21 (2) The Department of Financial Services Banking and
22 Finance shall be the functional owner of the Florida
23 Accounting Information Resource Subsystem established pursuant
24 to ss. 17.03, 215.86, 216.141, and 216.151 and further
25 developed in accordance with the provisions of ss.
26 215.90-215.96. The subsystem shall include, but shall not be
27 limited to, the following functions:
28 (a) Accounting and reporting so as to provide timely
29 data for producing financial statements for the state in
30 accordance with generally accepted accounting principles.
31 (b) Auditing and settling claims against the state.
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1 (3) The Chief Financial Officer Treasurer shall be the
2 functional owner of the Cash Management Subsystem. The Chief
3 Financial Officer Treasurer shall design, implement, and
4 operate the subsystem in accordance with the provisions of ss.
5 215.90-215.96. The subsystem shall include, but shall not be
6 limited to, functions for:
7 (a) Recording and reconciling credits and debits to
8 treasury fund accounts.
9 (b) Monitoring cash levels and activities in state
10 bank accounts.
11 (c) Monitoring short-term investments of idle cash.
12 (d) Administering the provisions of the Federal Cash
13 Management Improvement Act of 1990.
14 (5) The Department of Management Services shall be the
15 functional owner of the Cooperative Personnel Employment
16 Subsystem. The department shall design, implement, and
17 operate the subsystem in accordance with the provisions of ss.
18 110.116 and 215.90-215.96. The subsystem shall include, but
19 shall not be limited to, functions for:
20 (a) Maintenance of employee and position data,
21 including funding sources and percentages and salary lapse.
22 The employee data shall include, but not be limited to,
23 information to meet the payroll system requirements of the
24 Department of Financial Services Banking and Finance and to
25 meet the employee benefit system requirements of the
26 Department of Management Services.
27 Section 236. Subsection (1) of section 215.95, Florida
28 Statutes, is amended to read:
29 215.95 Financial Management Information Board.--
30 (1) There is created, as part of the Administration
31 Commission, the Financial Management Information Board. The
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1 board shall be composed of the Governor, the Chief Financial
2 Officer Comptroller, and the Attorney General Treasurer. The
3 Governor shall be chair of the board. The Governor or the
4 Chief Financial Officer Comptroller may call a meeting of the
5 board at any time the need arises.
6 Section 237. Subsections (1) and (2) of section
7 215.96, Florida Statutes, are amended to read:
8 215.96 Coordinating council and design and
9 coordination staff.--
10 (1) The Chief Financial Officer Comptroller, as chief
11 fiscal officer of the state, shall establish a coordinating
12 council to function on a continuing basis. The coordinating
13 council shall review and recommend to the board solutions and
14 policy alternatives to ensure coordination between functional
15 owners of the various information subsystems described in ss.
16 215.90-215.96 to the extent necessary to unify all the
17 subsystems into a financial management information system.
18 (2) The coordinating council shall consist of the
19 Chief Financial Officer Comptroller; the Treasurer; the
20 secretary of the Department of Management Services; and the
21 Director of Planning and Budgeting, Executive Office of the
22 Governor, or their designees. The Chief Financial Officer
23 Comptroller, or his or her designee, shall be chair of the
24 coordinating council, and the design and coordination staff
25 shall provide administrative and clerical support to the
26 council and the board. The design and coordination staff shall
27 maintain the minutes of each meeting and shall make such
28 minutes available to any interested person. The Auditor
29 General, the State Courts Administrator, an executive officer
30 of the Florida Association of State Agency Administrative
31 Services Directors, and an executive officer of the Florida
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1 Association of State Budget Officers, or their designees,
2 shall serve without voting rights as ex officio members on the
3 coordinating council. The chair may call meetings of the
4 coordinating council as often as necessary to transact
5 business; however, the coordinating council shall meet at
6 least once a year. Action of the coordinating council shall
7 be by motion, duly made, seconded and passed by a majority of
8 the coordinating council voting in the affirmative for
9 approval of items that are to be recommended for approval to
10 the Financial Management Information Board.
11 Section 238. Section 215.965, Florida Statutes, is
12 amended to read:
13 215.965 Disbursement of state moneys.--Except as
14 provided in s. 17.076, s. 253.025(14), s. 259.041(18), s.
15 717.124(5), s. 732.107(5), or s. 733.816(5), all moneys in the
16 State Treasury shall be disbursed by state warrant, drawn by
17 the Chief Financial Officer Comptroller upon the State
18 Treasury and payable to the ultimate beneficiary. This
19 authorization shall include electronic disbursement.
20 Section 239. Paragraphs (a), (c), (j), (n), (p), and
21 (s) of subsection (2), subsections (3) and (4), paragraphs (a)
22 and (b) of subsection (5), paragraphs (a) and (d) of
23 subsection (6), paragraphs (a) and (c) of subsection (7),
24 paragraphs (e) and (g) of subsection (8), paragraph (e) of
25 subsection (9), and paragraphs (d) and (f) of subsection (10)
26 of section 215.97, Florida Statutes, are amended to read:
27 215.97 Florida Single Audit Act.--
28 (2) Definitions; as used in this section, the term:
29 (a) "Audit threshold" means the amount to use in
30 determining when a state single audit of a nonstate entity
31 shall be conducted in accordance with this section. Each
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1 nonstate entity that expends a total amount of state financial
2 assistance equal to or in excess of $300,000 in any fiscal
3 year of such nonstate entity shall be required to have a state
4 single audit for such fiscal year in accordance with the
5 requirements of this section. Every 2 years the Auditor
6 General, after consulting with the Executive Office of the
7 Governor, the Chief Financial Officer Comptroller, and all
8 state agencies that provide state financial assistance to
9 nonstate entities, shall review the amount for requiring
10 audits under this section and may adjust such dollar amount
11 consistent with the purpose of this section.
12 (c) "Catalog of State Financial Assistance" means a
13 comprehensive listing of state projects. The Catalog of State
14 Financial Assistance shall be issued by the Executive Office
15 of the Governor after conferring with the Chief Financial
16 Officer Comptroller and all state agencies that provide state
17 financial assistance to nonstate entities. The Catalog of
18 State Financial Assistance shall include for each listed state
19 project: the responsible state agency; standard state project
20 number identifier; official title; legal authorization; and
21 description of the state project, including objectives,
22 restrictions, application and awarding procedures, and other
23 relevant information determined necessary.
24 (j) "Major state project" means any state project
25 meeting the criteria as stated in the rules of the Executive
26 Office of the Governor. Such criteria shall be established
27 after consultation with the Chief Financial Officer
28 Comptroller and appropriate state agencies that provide state
29 financial assistance and shall consider the amount of state
30 project expenditures or expenses or inherent risks. Each major
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1 state project shall be audited in accordance with the
2 requirements of this section.
3 (n) "Schedule of State Financial Assistance" means a
4 document prepared in accordance with the rules of the Chief
5 Financial Officer Comptroller and included in each financial
6 reporting package required by this section.
7 (p) "State financial assistance" means financial
8 assistance from state resources, not including federal
9 financial assistance and state matching, provided to nonstate
10 entities to carry out a state project. "State financial
11 assistance" includes all types of state assistance as stated
12 in the rules of the Executive Office of the Governor
13 established in consultation with the Chief Financial Officer
14 Comptroller and appropriate state agencies that provide state
15 financial assistance. It includes state financial assistance
16 provided directly by state awarding agencies or indirectly by
17 recipients of state awards or subrecipients. It does not
18 include procurement contracts used to buy goods or services
19 from vendors. Audits of such procurement contracts with
20 vendors are outside of the scope of this section. Also, audits
21 of contracts to operate state-government-owned and
22 contractor-operated facilities are excluded from the audit
23 requirements of this section.
24 (s) "State Projects Compliance Supplement" means a
25 document issued by the Executive Office of the Governor, in
26 consultation with the Chief Financial Officer Comptroller and
27 all state agencies that provide state financial assistance.
28 The State Projects Compliance Supplement shall identify state
29 projects, the significant compliance requirements, eligibility
30 requirements, matching requirements, suggested audit
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1 procedures, and other relevant information determined
2 necessary.
3 (3) The Executive Office of the Governor shall:
4 (a) Upon conferring with the Chief Financial Officer
5 Comptroller and all state awarding agencies, adopt rules
6 necessary to provide appropriate guidance to state awarding
7 agencies, recipients and subrecipients, and independent
8 auditors of state financial assistance relating to the
9 requirements of this section, including:
10 1. The types or classes of financial assistance
11 considered to be state financial assistance which would be
12 subject to the requirements of this section. This would
13 include guidance to assist in identifying when the state
14 agency or recipient has contracted with a vendor rather than
15 with a recipient or subrecipient.
16 2. The criteria for identifying a major state project.
17 3. The criteria for selecting state projects for
18 audits based on inherent risk.
19 (b) Be responsible for coordinating the initial
20 preparation and subsequent revisions of the Catalog of State
21 Financial Assistance after consultation with the Chief
22 Financial Officer Comptroller and all state awarding agencies.
23 (c) Be responsible for coordinating the initial
24 preparation and subsequent revisions of the State Projects
25 Compliance Supplement, after consultation with the Chief
26 Financial Officer Comptroller and all state awarding agencies.
27 (4) The Chief Financial Officer Comptroller shall:
28 (a) Make enhancements to the state's accounting system
29 to provide for the:
30
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1 1. Recording of state financial assistance and federal
2 financial assistance appropriations and expenditures within
3 the state awarding agencies' operating funds.
4 2. Recording of state project number identifiers, as
5 provided in the Catalog of State Financial Assistance, for
6 state financial assistance.
7 3. Establishment and recording of an identification
8 code for each financial transaction, including state agencies'
9 disbursements of state financial assistance and federal
10 financial assistance, as to the corresponding type or
11 organization that is party to the transaction (e.g., other
12 governmental agencies, nonprofit organizations, and for-profit
13 organizations), and disbursements of federal financial
14 assistance, as to whether the party to the transaction is or
15 is not a recipient or subrecipient.
16 (b) Upon conferring with the Executive Office of the
17 Governor and all state awarding agencies, adopt rules
18 necessary to provide appropriate guidance to state awarding
19 agencies, recipients and subrecipients, and independent
20 auditors of state financial assistance relating to the format
21 for the Schedule of State Financial Assistance.
22 (c) Perform any inspections, reviews, investigations,
23 or audits of state financial assistance considered necessary
24 in carrying out the Chief Financial Officer's Comptroller's
25 legal responsibilities for state financial assistance or to
26 comply with the requirements of this section.
27 (5) Each state awarding agency shall:
28 (a) Provide to a recipient information needed by the
29 recipient to comply with the requirements of this section,
30 including:
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1 1. The audit and accountability requirements for state
2 projects as stated in this section and applicable rules of the
3 Executive Office of the Governor, rules of the Chief Financial
4 Officer Comptroller, and rules of the Auditor General.
5 2. Information from the Catalog of State Financial
6 Assistance, including the standard state project number
7 identifier; official title; legal authorization; and
8 description of the state project including objectives,
9 restrictions, and other relevant information determined
10 necessary.
11 3. Information from the State Projects Compliance
12 Supplement, including the significant compliance requirements,
13 eligibility requirements, matching requirements, suggested
14 audit procedures, and other relevant information determined
15 necessary.
16 (b) Require the recipient, as a condition of receiving
17 state financial assistance, to allow the state awarding
18 agency, the Chief Financial Officer Comptroller, and the
19 Auditor General access to the recipient's records and the
20 recipient's independent auditor's working papers as necessary
21 for complying with the requirements of this section.
22 (6) As a condition of receiving state financial
23 assistance, each recipient that provides state financial
24 assistance to a subrecipient shall:
25 (a) Provide to a subrecipient information needed by
26 the subrecipient to comply with the requirements of this
27 section, including:
28 1. Identification of the state awarding agency.
29 2. The audit and accountability requirements for state
30 projects as stated in this section and applicable rules of the
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1 Executive Office of the Governor, rules of the Chief Financial
2 Officer Comptroller, and rules of the Auditor General.
3 3. Information from the Catalog of State Financial
4 Assistance, including the standard state project number
5 identifier; official title; legal authorization; and
6 description of the state project, including objectives,
7 restrictions, and other relevant information.
8 4. Information from the State Projects Compliance
9 Supplement including the significant compliance requirements,
10 eligibility requirements, matching requirements, and suggested
11 audit procedures, and other relevant information determined
12 necessary.
13 (d) Require subrecipients, as a condition of receiving
14 state financial assistance, to permit the independent auditor
15 of the recipient, the state awarding agency, the Chief
16 Financial Officer Comptroller, and the Auditor General access
17 to the subrecipient's records and the subrecipient's
18 independent auditor's working papers as necessary to comply
19 with the requirements of this section.
20 (7) Each recipient or subrecipient of state financial
21 assistance shall comply with the following:
22 (a) Each nonstate entity that receives state financial
23 assistance and meets audit threshold requirements, in any
24 fiscal year of the nonstate entity, as stated in the rules of
25 the Auditor General, shall have a state single audit conducted
26 for such fiscal year in accordance with the requirements of
27 this act and with additional requirements established in rules
28 of the Executive Office of the Governor, rules of the Chief
29 Financial Officer Comptroller, and rules of the Auditor
30 General. If only one state project is involved in a nonstate
31 entity's fiscal year, the nonstate entity may elect to have
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1 only a state project-specific audit of the state project for
2 that fiscal year.
3 (c) Regardless of the amount of the state financial
4 assistance, the provisions of this section do not exempt a
5 nonstate entity from compliance with provisions of law
6 relating to maintaining records concerning state financial
7 assistance to such nonstate entity or allowing access and
8 examination of those records by the state awarding agency, the
9 Chief Financial Officer Comptroller, or the Auditor General.
10 (8) The independent auditor when conducting a state
11 single audit of recipients or subrecipients shall:
12 (e) Report on the results of any audit conducted
13 pursuant to this section in accordance with the rules of the
14 Executive Office of the Governor, rules of the Chief Financial
15 Officer Comptroller, and rules of the Auditor General. Audit
16 reports shall include summaries of the auditor's results
17 regarding the nonstate entity's financial statements; Schedule
18 of State Financial Assistance; internal controls; and
19 compliance with laws, rules, and guidelines.
20 (g) Upon notification by the nonstate entity, make
21 available the working papers relating to the audit conducted
22 pursuant to the requirements of this section to the state
23 awarding agency, the Chief Financial Officer Comptroller, or
24 the Auditor General for review or copying.
25 (9) The independent auditor, when conducting a state
26 project-specific audit of recipients or subrecipients, shall:
27 (e) Upon notification by the nonstate entity, make
28 available the working papers relating to the audit conducted
29 pursuant to the requirements of this section to the state
30 awarding agency, the Chief Financial Officer Comptroller, or
31 the Auditor General for review or copying.
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1 (10) The Auditor General shall:
2 (d) Provide technical advice upon request of the Chief
3 Financial Officer Comptroller, Executive Office of the
4 Governor, and state agencies relating to financial reporting
5 and audit responsibilities contained in this section.
6 (f) Perform ongoing reviews of a sample of financial
7 reporting packages filed pursuant to the requirements of this
8 section to determine compliance with the reporting
9 requirements of this section and applicable rules of the
10 Executive Office of the Governor, rules of the Chief Financial
11 Officer Comptroller, and rules of the Auditor General.
12 Section 240. Paragraph (a) of subsection (2) of
13 section 216.0442, Florida Statutes, is amended to read:
14 216.0442 Truth in bonding; definitions; summary of
15 state debt; statement of proposed financing; truth-in-bonding
16 statement.--
17 (2) When required by statute to support the proposed
18 debt financing of fixed capital outlay projects or operating
19 capital outlay requests or to explain the issuance of a debt
20 or obligation, one or more of the following documents shall be
21 developed:
22 (a) A summary of outstanding state debt as furnished
23 by the Chief Financial Officer Comptroller pursuant to s.
24 216.102.
25 Section 241. Section 216.102, Florida Statutes, is
26 amended to read:
27 216.102 Filing of financial information; handling by
28 Chief Financial Officer Comptroller; penalty for
29 noncompliance.--
30 (1) By September 30 of each year, each agency
31 supported by any form of taxation, licenses, fees, imposts, or
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1 exactions, the judicial branch, and, for financial reporting
2 purposes, each component unit of the state as determined by
3 the Chief Financial Officer Comptroller shall prepare, using
4 generally accepted accounting principles, and file with the
5 Chief Financial Officer Comptroller the financial and other
6 information necessary for the preparation of annual financial
7 statements for the State of Florida as of June 30. In
8 addition, each such agency and the judicial branch shall
9 prepare financial statements showing the financial position
10 and results of agency or branch operations as of June 30 for
11 internal management purposes.
12 (a) Each state agency and the judicial branch shall
13 record the receipt and disbursement of funds from federal
14 sources in a form and format prescribed by the Chief Financial
15 Officer Comptroller. The access to federal funds by the
16 administering agencies or the judicial branch may not be
17 authorized until:
18 1. The deposit has been recorded in the Florida
19 Accounting Information Resource Subsystem using proper,
20 consistent codes that designate deposits as federal funds.
21 2. The deposit and appropriate recording required by
22 this paragraph have been verified by the Office of the Chief
23 Financial Officer Treasurer.
24 (b) The Chief Financial Officer Comptroller shall
25 publish a statewide policy detailing the requirements for
26 recording receipt and disbursement of federal funds into the
27 Florida Accounting Information Resource Subsystem and provide
28 technical assistance to the agencies and the judicial branch
29 to implement the policy.
30 (2) Financial information must be contained within the
31 Florida Accounting Information Resource Subsystem. Other
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1 information must be submitted in the form and format
2 prescribed by the Chief Financial Officer Comptroller.
3 (a) Each component unit shall file financial
4 information and other information necessary for the
5 preparation of annual financial statements with the agency or
6 branch designated by the Chief Financial Officer Comptroller
7 by the date specified by the Chief Financial Officer
8 Comptroller.
9 (b) The state agency or branch designated by the Chief
10 Financial Officer Comptroller to receive financial information
11 and other information from component units shall include the
12 financial information in the Florida Accounting Information
13 Resource Subsystem and shall include the component units'
14 other information in its submission to the Chief Financial
15 Officer Comptroller.
16 (3) The Chief Financial Officer Comptroller shall:
17 (a) Prepare and furnish to the Auditor General annual
18 financial statements for the state on or before December 31 of
19 each year, using generally accepted accounting principles.
20 (b) Prepare and publish a comprehensive annual
21 financial report for the state in accordance with generally
22 accepted accounting principles on or before February 28 of
23 each year.
24 (c) Furnish the Governor, the President of the Senate,
25 and the Speaker of the House of Representatives with a copy of
26 the comprehensive annual financial report prepared pursuant to
27 paragraph (b).
28 (d) Notify each agency and the judicial branch of the
29 data that is required to be recorded to enhance accountability
30 for tracking federal financial assistance.
31
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1 (e) Provide reports, as requested, to executive or
2 judicial branch entities, the President of the Senate, the
3 Speaker of the House of Representatives, and the members of
4 the Florida Congressional Delegation, detailing the federal
5 financial assistance received and disbursed by state agencies
6 and the judicial branch.
7 (f) Consult with and elicit comments from the
8 Executive Office of the Governor on changes to the Florida
9 Accounting Information Resource Subsystem which clearly affect
10 the accounting of federal funds, so as to ensure consistency
11 of information entered into the Federal Aid Tracking System by
12 state executive and judicial branch entities. While efforts
13 shall be made to ensure the compatibility of the Florida
14 Accounting Information Resource Subsystem and the Federal Aid
15 Tracking System, any successive systems serving identical or
16 similar functions shall preserve such compatibility.
17
18 The Chief Financial Officer Comptroller may furnish and
19 publish in electronic form the financial statements and the
20 comprehensive annual financial report required under
21 paragraphs (a), (b), and (c).
22 (4) If any agency or the judicial branch fails to
23 comply with subsection (1) or subsection (2), the Chief
24 Financial Officer Comptroller may refuse to honor salary
25 claims for agency or branch fiscal and executive staff until
26 the agency or branch corrects its deficiency.
27 (5) The Chief Financial Officer Comptroller may
28 withhold any funds payable to a component unit that does not
29 comply with subsection (1) or subsection (2) until the
30 component unit corrects its deficiency.
31
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1 (6) The Chief Financial Officer Comptroller may adopt
2 rules to administer this section.
3 Section 242. Subsections (1) and (3) of section
4 216.141, Florida Statutes, are amended to read:
5 216.141 Budget system procedures; planning and
6 programming by state agencies.--
7 (1) The Executive Office of the Governor, in
8 consultation with the appropriations committees of the Senate
9 and House of Representatives, and by utilizing the Florida
10 Financial Management Information System management data and
11 the Chief Financial Officer's Comptroller's chart of accounts,
12 shall prescribe a planning and budgeting system, pursuant to
13 s. 215.94(1), to provide for continuous planning and
14 programming and for effective management practices for the
15 efficient operations of all state agencies and the judicial
16 branch. The Legislature may contract with the Executive Office
17 of the Governor to develop the planning and budgeting system
18 and to provide services to the Legislature for the support and
19 use of the legislative appropriations system. The contract
20 shall include the policies and procedures for combining the
21 legislative appropriations system with the planning and
22 budgeting information system established pursuant to s.
23 215.94(1). At a minimum, the contract shall require the use of
24 common data codes. The combined legislative appropriations and
25 planning and budgeting information subsystem shall support the
26 legislative appropriations and legislative oversight functions
27 without data code conversion or modification.
28 (3) The Chief Financial Officer Comptroller, as chief
29 fiscal officer, shall use the Florida Accounting Information
30 Resource Subsystem developed pursuant to s. 215.94(2) for
31 account purposes in the performance of and accounting for all
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