Senate Bill sb0662e2
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CS for CS for SB's 662 & 232 Second Engrossed
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 Deferred Compensation Program
12 from the Department of Insurance to the
13 Department of Management Services; transferring
14 the Division of Workers' Compensation from the
15 Department of Labor and Employment Security to
16 the Department of Financial Services; providing
17 that this act shall not affect the validity of
18 certain judicial and administrative actions;
19 transferring the Department of Banking and
20 Finance and the Department of Insurance to the
21 Department of Financial Services; repealing s.
22 20.12, F.S.; abolishing the Department of
23 Banking and Finance; providing that existing
24 agency contracts continue to be binding with
25 the successor department or agency; repealing
26 s. 20.13, F.S.; abolishing the Department of
27 Insurance; redesignating the Insurance
28 Commissioner's Regulatory Trust Fund the
29 Insurance Regulatory Trust Fund; redesignating
30 the Department of Banking and Finance
31 Regulatory Trust Fund the Banking and Finance
1
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CS for CS for SB's 662 & 232 Second Engrossed
1 Regulatory Trust Fund; repealing s.
2 20.171(5)(b), F.S., relating to the Division of
3 Workers' Compensation in the Department of
4 Labor and Employment Security; amending and
5 transferring ss. 18.01, 18.02, 18.021, 18.05,
6 18.06, 18.08, 18.10, 18.101, 18.103, 18.104,
7 18.125, 18.15, 18.17, 18.20, 18.23, 18.24,
8 F.S., and amending ss. 11.12, 11.13, 11.147,
9 11.151, 11.40, 11.42, 13.05, 14.055, 14.057,
10 14.058, 14.202, 14.203, 14.24, 15.09, 16.10,
11 17.011, 17.02, 17.03, 17.031, 17.04, 17.0401,
12 17.041, 17.0415, 17.05, 17.06, 17.075, 17.076,
13 17.08, 17.09, 17.10, 17.11, 17.12, 17.13,
14 17.14, 17.16, 17.17, 17.20, 17.21, 17.22,
15 17.25, 17.26, 17.27, 17.28, 17.29, 17.30,
16 17.32, 17.325, 17.41, 17.43, 20.04, 20.055,
17 20.195, 20.425, 20.435, 24.105, 24.111, 24.112,
18 24.120, 25.241, 26.39, 27.08, 27.10, 27.11,
19 27.12, 27.13, 27.34, 27.3455, 27.703, 27.710,
20 27.711, 28.235, 28.24, 30.52, 40.30, 40.31,
21 40.33, 40.34, 40.35, 43.16, 43.19, 48.151,
22 55.03, 57.091, 68.083, 68.084, 68.087, 68.092,
23 77.0305, 92.39, 99.097, 101.151, 103.091,
24 107.11, 110.1127, 110.113, 110.114, 110.116,
25 110.1227, 110.1228, 110.123, 110.125, 110.181,
26 110.2037, 110.205, 112.061, 112.08, 112.191,
27 112.215, 112.3144, 112.3145, 112.3189,
28 112.31895, 112.3215, 112.63, 114.03, 116.03,
29 116.04, 116.05, 116.06, 116.14, 120.52, 120.80,
30 121.0312, 121.055, 121.061, 121.133, 121.4501,
31 125.0104, 129.201, 131.05, 137.09, 145.141,
2
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB's 662 & 232 Second Engrossed
1 154.02, 154.03, 154.05, 154.06, 154.209,
2 154.314, 163.01, 163.05, 163.055, 163.3167,
3 175.101, 175.121, 175.151, 185.08, 185.10,
4 185.13, 189.4035, 189.412, 189.427, 190.007,
5 191.006, 192.091, 192.102, 193.092, 195.101,
6 198.29, 199.232, 203.01, 206.46, 210.16,
7 210.20, 210.50, 211.06, 211.32, 212.08, 212.12,
8 212.20, 213.053, 213.054, 213.255, 213.67,
9 213.75, 215.02, 215.03, 215.04, 215.05, 215.11,
10 215.20, 215.22, 215.23, 215.24, 215.25, 215.26,
11 215.29, 215.31, 215.32, 215.3206, 215.3208,
12 215.321, 215.322, 215.34, 215.35, 215.405,
13 215.42, 215.422, 215.44, 215.50, 215.551,
14 215.552, 215.555, 215.559, 215.56005, 215.5601,
15 215.58, 215.62, 215.684, 215.70, 215.91,
16 215.92, 215.93, 215.94, 215.95, 215.96,
17 215.965, 215.97, 216.0442, 216.102, 216.141,
18 216.177, 216.181, 216.183, 216.192, 216.212,
19 216.221, 216.235, 216.237, 216.251, 216.271,
20 216.275, 216.292, 216.301, 217.07, 218.06,
21 218.23, 218.31, 218.321, 218.325, 220.62,
22 220.723, 228.2001, 229.0535, 229.0537,
23 229.05371, 229.111, 229.781, 231.261, 231.30,
24 231.545, 233.063, 233.07, 233.15, 233.16,
25 233.255, 236.43, 236.601, 237.121, 237.181,
26 237.211, 238.11, 238.15, 238.172, 238.173,
27 240.551, 242.331, 242.341, 245.13, 250.22,
28 250.24, 250.25, 250.26, 250.34, 252.62, 252.87,
29 253.02, 253.025, 255.03, 255.052, 255.258,
30 255.503, 255.521, 257.22, 258.014, 259.032,
31 259.041, 265.53, 265.55, 267.075, 272.18,
3
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB's 662 & 232 Second Engrossed
1 280.02, 280.04, 280.041, 280.05, 280.051,
2 280.052, 280.053, 280.054, 280.055, 280.06,
3 280.07, 280.071, 280.08, 280.085, 280.09,
4 280.10, 280.11, 280.13, 280.16, 280.17, 280.18,
5 280.19, 282.1095, 284.02, 284.04, 284.05,
6 284.06, 284.08, 284.14, 284.17, 284.30, 284.31,
7 284.32, 284.33, 284.34, 284.35, 284.37,
8 284.385, 284.39, 284.40, 284.41, 284.42,
9 284.44, 284.50, 287.042, 287.057, 287.058,
10 287.063, 287.064, 287.09451, 287.115, 287.131,
11 287.175, 288.1045, 288.106, 288.109, 288.1253,
12 288.709, 288.712, 288.776, 288.778, 288.99,
13 289.051, 289.081, 289.121, 292.085, 313.02,
14 314.02, 316.3025, 316.545, 320.02, 320.081,
15 320.20, 320.71, 320.781, 322.21, 324.032,
16 324.171, 326.006, 331.303, 331.309, 331.3101,
17 331.348, 331.419, 336.022, 337.25, 339.035,
18 339.081, 344.17, 350.06, 354.03, 365.173,
19 370.06, 370.16, 370.19, 370.20, 373.503,
20 373.59, 373.6065, 374.983, 374.986, 376.11,
21 376.123, 376.307, 376.3071, 376.3072, 376.3075,
22 376.3078, 376.3079, 376.40, 377.23, 377.2425,
23 377.705, 378.035, 378.037, 378.208, 381.765,
24 381.90, 388.201, 388.301, 391.025, 391.221,
25 392.69, 393.002, 393.075, 394.482, 400.0238,
26 400.063, 400.071, 400.4174, 400.4298, 400.471,
27 400.962, 401.245, 401.25, 402.04, 402.17,
28 402.33, 403.1835, 403.1837, 403.706, 403.724,
29 403.8532, 404.111, 408.040, 408.05, 408.08,
30 408.18, 408.50, 408.7056, 408.902, 409.175,
31 409.25656, 409.25658, 409.2673, 409.8132,
4
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB's 662 & 232 Second Engrossed
1 409.817, 409.818, 409.910, 409.912, 409.9124,
2 409.915, 411.01, 413.32, 414.27, 414.28,
3 420.0005, 420.0006, 420.101, 420.123, 420.131,
4 420.141, 420.5092, 430.42, 430.703, 440.103,
5 440.105, 440.1051, 440.106, 440.13, 440.134,
6 440.135, 440.20, 440.24, 440.38, 440.381,
7 440.385, 440.44, 440.4416, 440.49, 440.50,
8 440.51, 440.515, 440.52, 443.131, 443.191,
9 443.211, 447.12, 450.155, 456.047, 468.392,
10 473.3065, 475.045, 475.484, 475.485, 489.144,
11 489.145, 489.533, 494.001, 494.0011, 494.0017,
12 494.00421, 497.005, 497.101, 497.105, 497.107,
13 497.109, 497.115, 497.117, 497.131, 497.201,
14 497.253, 497.313, 497.403, 497.407, 497.435,
15 497.525, 498.025, 498.049, 499.057, 501.212,
16 509.215, 513.055, 516.01, 516.03, 516.35,
17 517.021, 517.03, 517.061, 517.075, 517.1204,
18 517.1205, 517.131, 517.141, 517.151, 518.115,
19 518.116, 519.101, 520.02, 520.07, 520.31,
20 520.34, 520.61, 520.76, 520.998, 526.141,
21 537.003, 537.004, 537.011, 548.066, 548.077,
22 550.0251, 550.054, 550.0951, 550.125, 550.135,
23 550.1645, 552.081, 552.161, 552.21, 552.26,
24 553.72, 553.73, 553.74, 553.79, 554.1021,
25 554.105, 554.111, 559.10, 559.543, 559.545,
26 559.55, 559.555, 559.725, 559.730, 559.928,
27 560.102, 560.103, 560.119, 560.4041, 560.408,
28 561.051, 562.44, 567.08, 569.205, 570.13,
29 570.195, 570.20, 574.03, 589.06, 597.010,
30 601.10, 601.15, 601.28, 607.0501, 607.14401,
31 609.05, 617.0501, 617.1440, 624.05, 624.155,
5
CODING: Words stricken are deletions; words underlined are additions.
CS for CS for SB's 662 & 232 Second Engrossed
1 624.305, 624.307, 624.310, 624.314, 624.319,
2 624.320, 624.321, 624.322, 624.33, 624.404,
3 624.4071, 624.4085, 624.40851, 624.422,
4 624.423, 624.442, 624.4435, 624.484, 624.5015,
5 624.502, 624.506, 624.5091, 624.5092, 624.516,
6 624.517, 624.519, 624.521, 624.523, 624.610,
7 624.87, 624.91, 625.161, 625.317, 625.52,
8 625.53, 625.83, 626.266, 626.2815, 626.322,
9 626.592, 626.742, 626.7492, 626.8427, 626.8463,
10 626.8467, 626.847, 626.8736, 626.906, 626.907,
11 626.912, 626.918, 626.931, 626.932, 626.936,
12 626.9361, 626.937, 626.938, 626.9511, 626.9541,
13 626.9543, 626.989, 626.9892, 626.9911,
14 626.9912, 626.9916, 627.0613, 627.0628,
15 627.0651, 627.06535, 627.0915, 627.0916,
16 627.092, 627.096, 627.221, 627.311, 627.351,
17 627.413, 627.4236, 627.6472, 627.6482,
18 627.6488, 627.6675, 627.7012, 627.7015,
19 627.727, 627.728, 627.736, 627.849, 627.912,
20 627.9122, 627.919, 627.94074, 627.944, 627.948,
21 628.461, 628.4615, 629.401, 631.001, 631.221,
22 631.392, 631.54, 631.57, 631.59, 631.714,
23 631.72, 631.723, 631.813, 631.814, 631.904,
24 631.911, 631.912, 631.917, 631.931, 632.628,
25 633.01, 633.022, 633.025, 633.052, 633.061,
26 633.081, 633.111, 633.161, 633.162, 633.30,
27 633.31, 633.353, 633.382, 633.43, 633.445,
28 633.45, 633.46, 633.461, 633.47, 633.50,
29 633.524, 634.011, 634.137, 634.151, 634.161,
30 634.221, 634.301, 634.313, 634.324, 634.327,
31 634.3284, 634.401, 634.415, 634.416, 634.427,
6
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CS for CS for SB's 662 & 232 Second Engrossed
1 634.433, 635.011, 635.041, 636.003, 636.043,
2 636.047, 636.052, 641.185, 641.19, 641.23,
3 641.26, 641.28, 641.39001, 641.402, 641.403,
4 641.412, 641.454, 641.455, 641.48, 641.49,
5 641.511, 641.52, 641.55, 641.58, 642.015,
6 642.0475, 648.25, 648.26, 648.34, 648.355,
7 648.37, 648.386, 648.442, 650.06, 651.011,
8 651.015, 651.0235, 651.035, 651.121, 651.125,
9 655.001, 655.005, 655.057, 655.90, 657.002,
10 657.253, 658.23, 658.295, 658.2953, 658.83,
11 660.27, 660.28, 687.13, 687.14, 697.202,
12 697.205, 697.206, 713.596, 716.02, 716.03,
13 716.04, 716.05, 716.06, 716.07, 717.101,
14 717.135, 717.138, 718.501, 719.501, 721.24,
15 721.26, 723.006, 732.107, 733.816, 744.534,
16 766.105, 766.1115, 766.314, 766.315, 768.28,
17 790.001, 790.1612, 791.01, 791.015, 817.16,
18 817.234, 839.06, 849.086, 849.33, 860.154,
19 860.157, 896.102, 903.101, 903.27, 925.037,
20 932.7055, 932.707, 938.27, 939.13, 943.031,
21 943.032, 944.516, 946.33, 946.509, 946.510,
22 946.517, 946.522, 946.525, 947.12, 950.002,
23 957.04, 985.406, 985.409, F.S., to conform;
24 increasing membership on the board of directors
25 of the Florida Healthy Kids Corporation;
26 repealing s. 18.03, F.S., relating to the
27 residence and office of the Treasurer, s.
28 18.07, F.S., relating to records of warrants
29 and state funds and securities, s. 18.09, F.S.,
30 relating to a report to the Legislature, s.
31 18.091, F.S., relating to employees for
7
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CS for CS for SB's 662 & 232 Second Engrossed
1 legislative sessions; s. 18.22, F.S., relating
2 to rules, s. 657.067, F.S., relating to
3 conversion of credit unions from federal to
4 state charter; amending s. 627.0623, F.S.;
5 limiting campaign contributions from certain
6 persons to or on behalf of the Treasurer or
7 Chief Financial Officer; providing a criminal
8 penalty for a violation; amending s. 655.019,
9 F.S.; limiting campaign contributions from
10 certain persons to or on behalf of the
11 Comptroller or Chief Financial Officer;
12 providing a criminal penalty for a violation;
13 transferring the powers, duties, personnel,
14 property, and unexpended balances of funds of
15 the Correctional Privatization Commission to
16 the office of the chief financial officer;
17 amending s. 957.03, F.S.; providing for the
18 office of the chief financial officer to
19 provide administrative support, oversight, and
20 service to the commission; providing effective
21 dates.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 17.001, Florida Statutes, is
26 created to read:
27 17.001 Financial Officer.--As provided in s. 4(c),
28 Art. IV of the State Constitution, the Chief Financial Officer
29 is the chief fiscal officer of the state and is responsible
30 for settling and approving accounts against the state and
31 keeping all state funds and securities.
8
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CS for CS for SB's 662 & 232 Second Engrossed
1 Section 2. Section 20.121, Florida Statutes, is
2 created to read:
3 20.121 Department of Financial Services.--There is
4 created a Department of Financial Services.
5 (1) The head of the Department of Financial Services
6 is the Chief Financial Officer.
7 (2) The Department of Financial Services shall consist
8 of the following divisions:
9 (a) Division of Treasury.
10 (b) Division of Consumer Services.
11 (c) Division of Insurance. Division responsibilities,
12 as provided in the Florida Insurance Code, include issuing
13 certificates of authority to insurers, regulatory oversight of
14 insurer solvency, approving policy forms and rates, performing
15 market conduct examinations, and enforcing statutes related to
16 insurers.
17 (d) Division of Financial Institutions and Securities,
18 which shall consist of the following bureaus:
19 1. Bureau of Banking;
20 2. Bureau of Securities;
21 3. Bureau of Credit Unions and Finance Entities; and
22 4. Bureau of Regulation.
23
24 Division responsibilities include licensure, examination, and
25 regulation of state-chartered financial institutions, as
26 provided in chapters 655, 657, 658, 660, 663, 665, and 667;
27 enforcing chapter 517, the Florida Securities and Investor
28 Protection Act; chapter 494, relating to mortgage brokerage
29 and mortgage lending; chapter 516, the Consumer Finance Act;
30 chapter 520, relating to retail installment sales; those
31 sections in chapter 559 relating to collection agencies;
9
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CS for CS for SB's 662 & 232 Second Engrossed
1 chapter 560, the Money Transmitters' Code; those portions of
2 chapter 497 related to the department's responsibilities with
3 respect to cemeteries and preneed services; and certifying and
4 reviewing certified capital companies, as provided in s.
5 288.99.
6 (e) Division of Risk Management.
7 (f) Division of State Fire Marshal.
8 (g) Division of Insurance Fraud.
9 (h) Division of Rehabilitation and Liquidation.
10 (i) Division of Information Systems.
11 (j) Division of Legal Services.
12 (k) Division of Financial Investigations.
13 (l) Division of Accounting and Auditing.
14 (m) Division of Insurance Agent and Agency Services.
15 (n) Division of Administration.
16 (o) The Division of Workers' Compensation.
17 (3) The Division of Financial Institutions and
18 Securities and the Division of Insurance shall each be headed
19 by a "director." The directors of these divisions shall act as
20 agency heads for purposes of chapter 120 and shall be
21 responsible for final agency action with regard to the
22 implementation and enforcement of statutes and rules under the
23 regulatory authority delegated to their divisions and
24 rulemaking under s. 120.54. The Director of the Division of
25 Financial Institutions and Securities and the Director of the
26 Division of Insurance shall each be appointed by the Governor,
27 in consultation with the Chief Financial Officer. Pursuant to
28 Art. IV, s. (6)(a) of the State Constitution, before entering
29 upon the duties of office, a director must be confirmed by all
30 three members of the Cabinet. At any time after a director
31 enters upon the duties of office, if the Governor or any
10
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CS for CS for SB's 662 & 232 Second Engrossed
1 member of the Cabinet so requests, in writing, for any reason,
2 the Governor shall call for a vote, within 30 days, on whether
3 the subject director will continue in office. If a director
4 fails to obtain the affirmative vote of a majority of the
5 Governor and Cabinet, the subject director is removed from
6 office, the office becomes vacant on the date specified in the
7 Governor's order, and the Governor shall appoint a replacement
8 director in the manner provided for in this subsection.
9 (a) Before appointment as director, the Director of
10 the Division of Financial Institutions and Securities must
11 have had private-sector experience working in the field of
12 financial institutions or securities or at least 5 years of
13 experience as a senior employee of a state or federal agency
14 having regulatory responsibility over financial institutions
15 or securities.
16 (b) Before appointment as director, the Director of
17 the Division of Insurance must have had private-sector
18 experience working in an area that is under the regulatory
19 jurisdiction of the Division of Insurance or at least 5 years'
20 experience as a senior employee of a state or federal agency
21 having regulatory responsibility over an area of the business
22 of insurance.
23 (c) The Division of Financial Institutions and
24 Securities and the Division of Insurance are administratively
25 housed within the Department of Financial Services. For
26 purposes of budget and personnel matters, each of these
27 divisions shall contract with the department for a sufficient
28 number of attorneys, investigators, other professional
29 personnel, and administrative personnel as determined annually
30 in the appropriations process. The department shall provide
31 support services to each division pursuant to an agreement
11
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CS for CS for SB's 662 & 232 Second Engrossed
1 entered into between the Chief Financial Officer and the
2 respective division director.
3 (d) The Division of Financial Investigations shall
4 function as a criminal justice agency within the meaning of s.
5 943.045(10)(e).
6 Section 3. The Division of Treasury, in addition to
7 other matters that may be assigned to or located within the
8 division, shall administer the Government Employees Deferred
9 Compensation Plan established under section 112.215, Florida
10 Statutes, for state employees.
11 Section 4. Effective July 1, 2002, the Division of
12 Workers' Compensation of the Department of Labor and
13 Employment Security is transferred by a type two transfer, as
14 defined in section 20.06(2), Florida Statutes, to the
15 Department of Insurance. For purposes of this transfer, all
16 employees transferred to the Department of Insurance or
17 reassigned or reclassified by the Department of Insurance
18 shall be subject to a probationary period as provided in
19 section 110.213(1), Florida Statutes. This section shall not
20 take effect if committee substitute for Senate Bill 2340 or
21 similar legislation transferring the Division of Workers'
22 Compensation becomes a law.
23 Section 5. This act shall not affect the validity of
24 any judicial or administrative action involving the Department
25 of Banking and Finance or the Department of Insurance pending
26 on January 7, 2003, and the Department of Financial Services
27 shall be substituted as a party in interest in any such
28 action. However, if the action involves the constitutional
29 functions of the Comptroller or Treasurer, the Chief Financial
30 Officer shall instead be substituted as a party in interest.
31
12
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CS for CS for SB's 662 & 232 Second Engrossed
1 Section 6. The Department of Banking and Finance and
2 the Department of Insurance are transferred by a type two
3 transfer, as defined in section 20.06, Florida Statutes, to
4 the Department of Financial Services.
5 Section 7. Any binding contract or interagency
6 agreement existing on or before January 7, 2003, between the
7 Department of Insurance, the Department of Banking and
8 Finance, or the Department of Labor and Employment Security,
9 or an entity or agent of such departments, and any other
10 agency, entity, or person shall continue as a binding contract
11 or agreement for the remainder of the term of the contract or
12 agreement with the successor department, agency or entity
13 responsible for the program, activity, or functions relative
14 to the contract or agreement.
15 Section 8. Sections 20.12 and 20.13 and paragraph (b)
16 of subsection (5) of section 20.171, Florida Statutes, are
17 repealed.
18 Section 9. The Chief Financial Officer is authorized
19 to organize the Department of Financial Services in a manner
20 to promote efficiency and accountability, subject to the
21 provisions of this act.
22 Section 10. Section 11.12, Florida Statutes, is
23 amended to read:
24 11.12 Salary, subsistence, and mileage of members and
25 employees; expenses authorized by resolution; appropriation;
26 preaudit by Comptroller.--
27 (1) The Chief Financial Officer Treasurer is
28 authorized to pay the salary, subsistence, and mileage of the
29 members of the Legislature, as the same shall be authorized
30 from time to time by law, upon receipt of a warrant therefor
31 of the Comptroller for the stated amount. The Chief Financial
13
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CS for CS for SB's 662 & 232 Second Engrossed
1 Officer Treasurer is authorized to pay the compensation of
2 employees of the Legislature, together with reimbursement for
3 their authorized travel as provided in s. 112.061, and such
4 expense of the Legislature as shall be authorized by law, a
5 concurrent resolution, a resolution of either house, or rules
6 adopted by the respective houses, provided the total amount
7 appropriated to the legislative branch shall not be altered,
8 upon receipt of such warrant therefor. The number, duties, and
9 compensation of the employees of the respective houses and of
10 their committees shall be determined as provided by the rules
11 of the respective house or in this chapter. Each legislator
12 may designate no more than two employees to attend sessions of
13 the Legislature, and those employees who change their places
14 of residence in order to attend the session shall be paid
15 subsistence at a rate to be established by the President of
16 the Senate for Senate employees and the Speaker of the House
17 of Representatives for House employees. Such employees, in
18 addition to subsistence, shall be paid transportation expenses
19 in accordance with s. 112.061(7) and (8) for actual
20 transportation between their homes and the seat of government
21 in order to attend the legislative session and return home, as
22 well as for two round trips during the course of any regular
23 session of the Legislature.
24 (2) All vouchers covering legislative expenses shall
25 be preaudited by the Chief Financial Officer Comptroller, and,
26 if found to be correct, state warrants shall be issued
27 therefor.
28 Section 11. Paragraph (c) of subsection (5) of section
29 11.13, Florida Statutes, is amended to read:
30 11.13 Compensation of members.--
31 (5)
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1 (c) The Office of Legislative Services shall submit on
2 forms prescribed by the Chief Financial Officer Comptroller
3 requested allotments of appropriations for the fiscal year. It
4 shall be the duty of the Chief Financial Officer Comptroller
5 to release the funds and authorize the expenditures for the
6 legislative branch to be made from the appropriations on the
7 basis of the requested allotments. However, the aggregate of
8 such allotments shall not exceed the total appropriations
9 available for the fiscal year.
10 Section 12. Subsection (4) of section 11.147, Florida
11 Statutes, is amended to read:
12 11.147 Office of Legislative Services.--
13 (4) The Office of Legislative Services shall deliver
14 such vouchers covering legislative expenses as required to the
15 Chief Financial Officer Comptroller and, if found to be
16 correct, state warrants shall be issued therefor.
17 Section 13. Section 11.151, Florida Statutes, is
18 amended to read:
19 11.151 Annual legislative appropriation to contingency
20 fund for use of Senate President and House Speaker.--There is
21 established a legislative contingency fund consisting of
22 $10,000 for the President of the Senate and $10,000 for the
23 Speaker of the House of Representatives, which amounts shall
24 be set aside annually from moneys appropriated for legislative
25 expense. These funds shall be disbursed by the Chief
26 Financial Officer Comptroller upon receipt of vouchers
27 authorized by the President of the Senate or the Speaker of
28 the House of Representatives. Such Said funds may be expended
29 at the unrestricted discretion of the President of the Senate
30 or the Speaker of the House of Representatives in carrying out
31 their official duties during the entire period between the
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1 date of their election as such officers at the organizational
2 meeting held pursuant to s. 3(a), Art. III of the State
3 Constitution and the next general election.
4 Section 14. Subsection (5) of section 11.40, Florida
5 Statutes, is amended to read:
6 11.40 Legislative Auditing Committee.--
7 (5) Following notification by the Auditor General, the
8 Department of Financial Services Banking and Finance, or the
9 Division of Bond Finance of the State Board of Administration
10 of the failure of a local governmental entity, district school
11 board, charter school, or charter technical career center to
12 comply with the applicable provisions within s. 11.45(5)-(7),
13 s. 218.32(1), or s. 218.38, the Legislative Auditing Committee
14 may schedule a hearing. If a hearing is scheduled, the
15 committee shall determine if the entity should be subject to
16 further state action. If the committee determines that the
17 entity should be subject to further state action, the
18 committee shall:
19 (a) In the case of a local governmental entity or
20 district school board, request the Department of Revenue and
21 the Department of Financial Services Banking and Finance to
22 withhold any funds not pledged for bond debt service
23 satisfaction which are payable to such entity until the entity
24 complies with the law. The committee, in its request, shall
25 specify the date such action shall begin, and the request must
26 be received by the Department of Revenue and the Department of
27 Financial Services Banking and Finance 30 days before the date
28 of the distribution mandated by law. The Department of Revenue
29 and the Department of Financial Services may Banking and
30 Finance are authorized to implement the provisions of this
31 paragraph.
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1 (b) In the case of a special district, notify the
2 Department of Community Affairs that the special district has
3 failed to comply with the law. Upon receipt of notification,
4 the Department of Community Affairs shall proceed pursuant to
5 the provisions specified in ss. 189.421 and 189.422.
6 (c) In the case of a charter school or charter
7 technical career center, notify the appropriate sponsoring
8 entity, which may terminate the charter pursuant to ss.
9 228.056 and 228.505.
10 Section 15. Paragraph (b) of subsection (6) of section
11 11.42, Florida Statutes, is amended to read:
12 11.42 The Auditor General.--
13 (6)
14 (b) All payrolls and vouchers for the operations of
15 the Auditor General's office shall be submitted to the Chief
16 Financial Officer Comptroller and, if found to be correct,
17 payments shall be issued therefor.
18 Section 16. Subsection (1) of section 13.05, Florida
19 Statutes, is amended to read:
20 13.05 Governor's Committee on Interstate
21 Cooperation.--
22 (1) There is hereby established a committee of
23 administrative officials of this state to be officially known
24 as the Governor's Committee on Interstate Cooperation, and to
25 consist of six seven members. Its members shall be the
26 Governor, Secretary of State, Attorney General, Chief
27 Financial Officer Comptroller, Treasurer, Commissioner of
28 Education, and Commissioner of Agriculture. Any member of the
29 Governor's committee may designate an alternate to serve in
30 the member's place upon any occasion; such alternate shall be
31 an administrative official or employee of the state.
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1 Section 17. Section 14.055, Florida Statutes, is
2 amended to read:
3 14.055 Succession to office of Governor.--Upon vacancy
4 in the office of Governor, the Lieutenant Governor shall
5 become Governor. Upon vacancy in the office of Governor and
6 in the office of Lieutenant Governor, the Secretary of State
7 shall become Governor; or if the office of Secretary of State
8 be vacant, then the Attorney General shall become Governor; or
9 if the office of Attorney General be vacant, then the Chief
10 Financial Officer Comptroller shall become Governor; or if the
11 office of Comptroller be vacant, then the Treasurer shall
12 become Governor; or if the office of Treasurer be vacant, then
13 the Commissioner of Education shall become Governor; or if the
14 office of Chief Financial Officer Commissioner of Education be
15 vacant, then the Commissioner of Agriculture shall become
16 Governor. A successor under this section shall serve for the
17 remainder of the term and shall receive all the rights,
18 privileges and emoluments of the Governor. In case a vacancy
19 shall occur in the office of Governor and provision is not
20 made herein for filling such vacancy, then the Speaker of the
21 House and the President of the Senate shall convene the
22 Legislature by joint proclamation within 15 days for the
23 purpose of choosing a person to serve as Governor for the
24 remainder of the term. A successor shall be elected by a
25 majority vote in a joint session of both houses.
26 Section 18. Subsection (1) of section 14.057, Florida
27 Statutes, is amended to read:
28 14.057 Governor-elect; establishment of operating
29 fund.--
30 (1) There is established an operating fund for the use
31 of the Governor-elect during the period dating from the
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1 certification of his or her election by the Elections
2 Canvassing Commission to his or her inauguration as Governor.
3 The Governor-elect during this period may allocate the fund to
4 travel, expenses, his or her salary, and the salaries of the
5 Governor-elect's staff as he or she determines. Such staff may
6 include, but not be limited to, a chief administrative
7 assistant, a legal adviser, a fiscal expert, and a public
8 relations and information adviser. The salary of the
9 Governor-elect and each member of the Governor-elect's staff
10 during this period shall be determined by the Governor-elect,
11 except that the total expenditures chargeable to the state
12 under this section, including salaries, shall not exceed the
13 amount appropriated to the operating fund. The Executive
14 Office of the Governor shall supply to the Governor-elect
15 suitable forms to provide for the expenditure of the fund and
16 suitable forms to provide for the reporting of all
17 expenditures therefrom. The Chief Financial Officer
18 Comptroller shall release moneys from this fund upon the
19 request of the Governor-elect properly filed.
20 Section 19. Section 14.058, Florida Statutes, is
21 amended to read:
22 14.058 Inauguration expense fund.--There is
23 established an inauguration expense fund for the use of the
24 Governor-elect in planning and conducting the inauguration
25 ceremonies. The Governor-elect shall appoint an inauguration
26 coordinator and such staff as necessary to plan and conduct
27 the inauguration. Salaries for the inauguration coordinator
28 and the inauguration coordinator's staff shall be determined
29 by the Governor-elect and shall be paid from the inauguration
30 expense fund. The Executive Office of the Governor shall
31 supply to the inauguration coordinator suitable forms to
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1 provide for the expenditure of the fund and suitable forms to
2 provide for the reporting of all expenditures therefrom. The
3 Chief Financial Officer Comptroller shall release moneys from
4 this fund upon the request of the inauguration coordinator
5 properly filed.
6 Section 20. Section 14.202, Florida Statutes, is
7 amended to read:
8 14.202 Administration Commission.--There is created as
9 part of the Executive Office of the Governor an Administration
10 Commission composed of the Governor and Cabinet. The Governor
11 is chair of the commission. The Governor or Chief Financial
12 Officer Comptroller may call a meeting of the commission
13 promptly each time the need therefor arises. Unless otherwise
14 provided herein, affirmative action by the commission shall
15 require the approval of the Governor and at least two three
16 other members of the commission. The commission shall adopt
17 rules pursuant to ss. 120.536(1) and 120.54 to implement
18 provisions of law conferring duties upon it.
19 Section 21. Paragraph (f) of subsection (3) of section
20 14.203, Florida Statutes, is amended to read:
21 14.203 State Council on Competitive Government.--It is
22 the policy of this state that all state services be performed
23 in the most effective and efficient manner in order to provide
24 the best value to the citizens of the state. The state also
25 recognizes that competition among service providers may
26 improve the quality of services provided, and that
27 competition, innovation, and creativity among service
28 providers should be encouraged.
29 (3) In performing its duties under this section, the
30 council may:
31
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1 (f) Require that an identified state service be
2 submitted to competitive bidding or another process that
3 creates competition with private sources or other governmental
4 entities. In determining whether an identified state service
5 should be submitted to competitive bidding, the council shall
6 consider, at a minimum:
7 1. Any constitutional and legal implications which may
8 arise as a result of such action.
9 2. The cost of supervising the work of any private
10 contractor.
11 3. The total cost to the state agency of such state
12 agency's performance of a service, including all indirect
13 costs related to that state agency and costs of such agencies
14 as the Chief Financial Officer Comptroller, the Treasurer, the
15 Attorney General, and other such support agencies to the
16 extent such costs would not be incurred if a contract is
17 awarded. Costs for the current provision of the service shall
18 be considered only when such costs would actually be saved if
19 the contract were awarded to another entity.
20 Section 22. Subsection (1) of section 14.24, Florida
21 Statutes, is amended to read:
22 14.24 Florida Commission on the Status of Women.--
23 (1) There is established in the Office of the Attorney
24 General the Florida Commission on the Status of Women,
25 consisting of 20 22 members. The Speaker of the House of
26 Representatives, the President of the Senate, the Attorney
27 General, and the Governor shall each appoint three members and
28 the Chief Financial Officer, Insurance Commissioner, the
29 Comptroller, the Secretary of State, the Commissioner of
30 Agriculture, and the Commissioner of Education shall each
31 appoint two members, for a term of 4 years, except that of the
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1 initial appointments, one-half shall be for a 2-year term and
2 one-half shall be for a 4-year term. On January 7, 2003, the
3 term of office of each member appointed by the Insurance
4 Commissioner and the Comptroller expires; and the Chief
5 Financial Officer shall reappoint one of the members who was
6 serving on January 6, 2003, and who was appointed by the
7 Insurance Commissioner and one of such members who was
8 appointed by the Comptroller. If possible, the reappointments
9 shall be made so that the terms of the Chief Financial
10 Officer's appointees remain staggered, but if both
11 reappointees were serving terms of the same length, the
12 reappointment shall be made so that the staggering of terms is
13 maintained. The members appointed shall include persons who
14 represent rural and urban interests and the ethnic and
15 cultural diversity of the state's population. No member shall
16 serve more than 8 consecutive years on the commission. A
17 vacancy shall be filled for the remainder of the unexpired
18 term in the same manner as the original appointment.
19 Section 23. Subsection (3) of section 15.09, Florida
20 Statutes, is amended to read:
21 15.09 Fees.--
22 (3) All fees arising from certificates of election or
23 appointment to office and from commissions to officers shall
24 be paid to the Chief Financial Officer Treasurer for deposit
25 in the General Revenue Fund.
26 Section 24. Section 16.10, Florida Statutes, is
27 amended to read:
28 16.10 Receipt of Supreme Court reports for
29 office.--The Clerk of the Supreme Court shall deliver to the
30 Attorney General a copy of each volume, or part of volume, of
31 the decisions of the Supreme Court, which may be in the care
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1 or custody of said clerk, and which the Attorney General's
2 office may be without, and take the Attorney General's receipt
3 for the same. The Attorney General shall keep the same in her
4 or his office at the capitol, and each retiring Attorney
5 General shall take the receipt of her or his successor for the
6 same and file such receipt in the Chief Financial Officer's
7 Treasurer's office; provided that this shall not authorize the
8 taking away of any book belonging to the Supreme Court
9 library, kept for the use of said court.
10 Section 25. Section 17.011, Florida Statutes, is
11 amended to read:
12 17.011 Assistant Chief Financial Officer
13 comptroller.--The Chief Financial Officer Comptroller of the
14 state may appoint an assistant comptroller to hold office
15 during the pleasure of the Chief Financial Officer
16 Comptroller.
17 Section 26. Section 17.02, Florida Statutes, is
18 amended to read:
19 17.02 Place of residence and office.--The Chief
20 Financial Officer Comptroller shall reside at the seat of
21 government of this state, and shall hold office in a room in
22 the capitol. Such office must be open every day, holidays and
23 public festivals excepted, from 8 a.m. to 5 p.m. Monday
24 through Friday of every week.
25 Section 27. Section 17.03, Florida Statutes, is
26 amended to read:
27 17.03 To audit claims against the state.--
28 (1) The Chief Financial Officer Comptroller of this
29 state, using generally accepted auditing procedures for
30 testing or sampling, shall examine, audit, and settle all
31 accounts, claims, and demands, whatsoever, against the state,
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1 arising under any law or resolution of the Legislature, and
2 issue a warrant to the Treasurer directing the payment
3 Treasurer to pay out of the State Treasury such amount as he
4 or she allows shall be allowed by the Comptroller thereon.
5 (2) The Chief Financial Officer Comptroller may
6 establish dollar thresholds applicable to each invoice amount
7 and other criteria for testing or sampling invoices on a
8 preaudit and postaudit basis. The Chief Financial Officer
9 Comptroller may revise such thresholds and other criteria for
10 an agency or the unit of any agency as he or she deems
11 appropriate.
12 (3) The Chief Financial Officer Comptroller may adopt
13 and disseminate to the agencies procedural and documentation
14 standards for payment requests and may provide training and
15 technical assistance to the agencies for these standards.
16 (4) The Chief Financial Officer Comptroller shall have
17 the legal duty of delivering all state warrants and shall be
18 charged with the official responsibility of the protection and
19 security of the state warrants while in his or her custody.
20 The Chief Financial Officer Comptroller may delegate this
21 authority to other state agencies or officers.
22 Section 28. Section 17.031, Florida Statutes, is
23 amended to read:
24 17.031 Security of Chief Financial Officer's
25 Comptroller's office.--The Chief Financial Officer may
26 Comptroller is authorized to engage the full-time services of
27 two law enforcement officers, with power of arrest, to prevent
28 all acts of a criminal nature directed at the property in the
29 custody or control of the Chief Financial Officer Comptroller.
30 While so assigned, such said officers shall be under the
31 direction and supervision of the Chief Financial Officer
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1 Comptroller, and their salaries and expenses shall be paid
2 from the general fund of the office of Chief Financial Officer
3 Comptroller.
4 Section 29. Section 17.04, Florida Statutes, is
5 amended to read:
6 17.04 To audit and adjust accounts of officers and
7 those indebted to the state.--The Chief Financial Officer
8 Department of Banking and Finance of this state, using
9 generally accepted auditing procedures for testing or
10 sampling, shall examine, audit, adjust, and settle the
11 accounts of all the officers of this state, and any other
12 person in anywise entrusted with, or who may have received any
13 property, funds, or moneys of this state, or who may be in
14 anywise indebted or accountable to this state for any
15 property, funds, or moneys, and require such officer or
16 persons to render full accounts thereof, and to yield up such
17 property or funds according to law, or pay such moneys into
18 the treasury of this state, or to such officer or agent of the
19 state as may be appointed to receive the same, and on failure
20 so to do, to cause to be instituted and prosecuted
21 proceedings, criminal or civil, at law or in equity, against
22 such persons, according to law. The Division of Financial
23 Investigations may conduct investigations within or outside of
24 this state as it deems necessary to aid in the enforcement of
25 this section. If during an investigation the division has
26 reason to believe that any criminal statute of this state has
27 or may have been violated, the division shall refer any
28 records tending to show such violation to state or federal law
29 enforcement or prosecutorial agencies and shall provide
30 investigative assistance to those agencies as required.
31
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1 Section 30. Section 17.0401, Florida Statutes, is
2 amended to read:
3 17.0401 Confidentiality of information relating to
4 financial investigations.--Except as otherwise provided by
5 this section, information relative to an investigation
6 conducted by the Division of Financial Investigations pursuant
7 to s. 17.04, including any consumer complaint, is confidential
8 and exempt from the provisions of s. 119.07(1) and s. 24(a),
9 Art. I of the State Constitution until the investigation is
10 completed or ceases to be active. Any information relating to
11 an investigation conducted by the division pursuant to s.
12 17.04 shall remain confidential and exempt from the provisions
13 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
14 after the division's investigation is completed or ceases to
15 be active if the division submits the information to any law
16 enforcement or prosecutorial agency for further investigation.
17 Such information shall remain confidential and exempt from the
18 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
19 Constitution until that agency's investigation is completed or
20 ceases to be active. For purposes of this section, an
21 investigation shall be considered "active" so long as the
22 division or any law enforcement or prosecutorial agency is
23 proceeding with reasonable dispatch and has a reasonable good
24 faith belief that the investigation may lead to the filing of
25 an administrative, civil, or criminal proceeding. This
26 section shall not be construed to prohibit disclosure of
27 information that which is required by law to be filed with the
28 Department of Financial Services Banking and Finance and that
29 which, but for the investigation, would otherwise be subject
30 to public disclosure. Nothing in this section shall be
31 construed to prohibit the division from providing information
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1 to any law enforcement or prosecutorial agency. Any law
2 enforcement or prosecutorial agency receiving confidential
3 information from the division in connection with its official
4 duties shall maintain the confidentiality of the information
5 as provided for in this section.
6 Section 31. Subsections (1), (4), and (5) of section
7 17.041, Florida Statutes, are amended to read:
8 17.041 County and district accounts and claims.--
9 (1) It shall be the duty of the Chief Financial
10 Officer Department of Banking and Finance of this state to
11 adjust and settle, or cause to be adjusted and settled, all
12 accounts and claims heretofore or hereafter reported to it by
13 the Auditor General, the appropriate county or district
14 official, or any person against all county and district
15 officers and employees, and against all other persons
16 entrusted with, or who may have received, any property, funds,
17 or moneys of a county or district or who may be in anywise
18 indebted to or accountable to a county or district for any
19 property, funds, moneys, or other thing of value, and to
20 require such officer, employee, or person to render full
21 accounts thereof and to yield up such property, funds, moneys,
22 or other thing of value according to law to the officer or
23 authority entitled by law to receive the same.
24 (4) Should it appear to the Chief Financial Officer
25 department that any criminal statute of this state has or may
26 have been violated by such defaulting officer, employee, or
27 person, such information, evidence, documents, and other
28 things tending to show such a violation, whether in the hands
29 of the Chief Financial Officer Comptroller, the Auditor
30 General, the county, or the district, shall be forthwith
31 turned over to the proper state attorney for inspection,
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1 study, and such action as may be deemed proper, or the same
2 may be brought to the attention of the proper grand jury.
3 (5) No such account or claim, after it has been
4 certified to the Chief Financial Officer department, may be
5 settled for less than the amount due according to law without
6 the written consent of the Chief Financial Officer department,
7 and any attempt to make settlement in violation of this
8 subsection shall be deemed null and void. A county or
9 district board desiring to make such a settlement shall
10 incorporate the proposed settlement into a resolution, stating
11 that the proposed settlement is contingent upon the Chief
12 Financial Officer's Comptroller's approval, and shall submit
13 two copies of the resolution to the Chief Financial Officer
14 department. The Chief Financial Officer department shall
15 return one copy with his or her the Comptroller's action
16 endorsed thereon.
17 Section 32. Section 17.0415, Florida Statutes, is
18 amended to read:
19 17.0415 Transfer and assignment of claims.--In order
20 to facilitate their collection from third parties, the Chief
21 Financial Officer Comptroller may authorize the assignment of
22 claims among the state, its agencies, and its subdivisions,
23 whether arising from criminal, civil, or other judgments in
24 state or federal court. The state, its agencies, and its
25 subdivisions, may assign claims under such terms as are
26 mutually acceptable to the Chief Financial Officer Comptroller
27 and the assignee and assignor. The assigned claim may be
28 enforced as a setoff to any claim against the state, its
29 agencies, or its subdivisions, by garnishment or in the same
30 manner as a judgment in a civil action. Claims against the
31 state, its agencies, and its subdivisions resulting from the
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1 condemnation of property protected by the provisions of s. 4,
2 Art. X of the State Constitution are not subject to setoff
3 pursuant to this section.
4 Section 33. Section 17.05, Florida Statutes, is
5 amended to read:
6 17.05 Subpoenas; sworn statements; enforcement
7 proceedings.--
8 (1) The Chief Financial Officer Comptroller may demand
9 and require full answers on oath from any and every person,
10 party or privy to any account, claim, or demand against or by
11 the state, such as it may be the Chief Financial Officer's
12 Comptroller's official duty to examine into, and which answers
13 the Chief Financial Officer Comptroller may require to be in
14 writing and to be sworn to before the Chief Financial Officer
15 Comptroller or the department or before any judicial officer
16 or clerk of any court of the state so as to enable the Chief
17 Financial Officer Comptroller to determine the justice or
18 legality of such account, claim, or demand.
19 (2) In exercising authority under this chapter, the
20 Chief Financial Officer Comptroller or his or her designee
21 may:
22 (a) Issue subpoenas, administer oaths, and examine
23 witnesses.
24 (b) Require or permit a person to file a statement in
25 writing, under oath or otherwise as the Chief Financial
26 Officer Comptroller or his or her designee requires, as to all
27 the facts and circumstances concerning the matter to be
28 audited, examined, or investigated.
29 (3) Subpoenas shall be issued by the Chief Financial
30 Officer Comptroller or his or her designee under seal
31 commanding such witnesses to appear before the Chief Financial
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1 Officer Comptroller or the Chief Financial Officer's
2 Comptroller's representative or the department at a specified
3 time and place and to bring books, records, and documents as
4 specified or to submit books, records, and documents for
5 inspection. Such subpoenas may be served by an authorized
6 representative of the Chief Financial Officer Comptroller or
7 the department.
8 (4) In the event of noncompliance with a subpoena
9 issued pursuant to this section, the Chief Financial Officer
10 Comptroller or the department may petition the circuit court
11 of the county in which the person subpoenaed resides or has
12 his or her principal place of business for an order requiring
13 the subpoenaed person to appear and testify and to produce
14 books, records, and documents as specified in the subpoena.
15 The court may grant legal, equitable, or injunctive relief,
16 including, but not limited to, issuance of a writ of ne exeat
17 or the restraint by injunction or appointment of a receiver of
18 any transfer, pledge, assignment, or other disposition of such
19 person's assets or any concealment, alteration, destruction,
20 or other disposition of subpoenaed books, records, or
21 documents, as the court deems appropriate, until such person
22 has fully complied with such subpoena and the Chief Financial
23 Officer Comptroller or the department has completed the audit,
24 examination, or investigation. The Chief Financial Officer
25 Comptroller or the department is entitled to the summary
26 procedure provided in s. 51.011, and the court shall advance
27 the cause on its calendar. Costs incurred by the Chief
28 Financial Officer Comptroller or the department to obtain an
29 order granting, in whole or in part, such petition for
30 enforcement of a subpoena shall be charged against the
31
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1 subpoenaed person, and failure to comply with such order shall
2 be a contempt of court.
3 Section 34. Section 17.06, Florida Statutes, is
4 amended to read:
5 17.06 Disallowed items and accounts.--The Chief
6 Financial Officer Comptroller shall erase from any original
7 account all items disallowed by him or her; and when the Chief
8 Financial Officer Comptroller shall reject the whole of any
9 account he or she shall write across the face of it the word
10 "disallowed," and the date, and file the same in the Chief
11 Financial Officer's Comptroller's office or deliver it to the
12 claimant.
13 Section 35. Subsection (1) of section 17.075, Florida
14 Statutes, is amended to read:
15 17.075 Form of state warrants and other payment
16 orders; rules.--
17 (1) The Chief Financial Officer may Department of
18 Banking and Finance is authorized to establish the form or
19 forms of state warrants which are to be drawn by it and of
20 other orders for payment or disbursement of moneys out of the
21 State Treasury and to change the form thereof from time to
22 time as the Chief Financial Officer department may consider
23 necessary or appropriate. Such orders for payment may be in
24 any form, but, regardless of form, each order shall be subject
25 to the accounting and recordkeeping requirements applicable to
26 state warrants.
27 Section 36. Paragraph (b) of subsection (1) and
28 subsections (3) and (7) of section 17.076, Florida Statutes,
29 are amended to read:
30 17.076 Direct deposit of funds.--
31 (1) As used in this section:
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1 (b) "Department" means the Department of Financial
2 Services Banking and Finance.
3 (3) The department may contract with an authorized
4 financial institution for the services necessary to operate
5 the program. In order to implement the provisions of this
6 section, the Chief Financial Officer Comptroller is authorized
7 to deposit with that financial institution the funds payable
8 to the beneficiaries, in lump sum, by Chief Financial
9 Officer's Comptroller's warrant to make the authorized direct
10 deposits.
11 (7) To cover the department's actual costs for
12 processing the direct deposit of funds other than salary or
13 retirement benefits, the department may charge the beneficiary
14 of the direct deposit a reasonable fee. The department may
15 collect the fee by direct receipt from the beneficiary or by
16 subtracting the amount of the fee from the funds due the
17 beneficiary. Such fees collected by the department shall be
18 deposited into the Department of Financial Services Banking
19 and Finance Administrative Trust Fund.
20 Section 37. Section 17.08, Florida Statutes, is
21 amended to read:
22 17.08 Accounts, etc., on which warrants drawn, to be
23 filed.--All accounts, vouchers, and evidence, upon which
24 warrants have heretofore been, or shall hereafter be, drawn
25 upon the treasury by the Chief Financial Officer Comptroller
26 shall be filed and deposited in the office of Chief Financial
27 Officer Comptroller or the office of the Chief Financial
28 Officer's Comptroller's designee, in accordance with
29 requirements established by the Secretary of State.
30 Section 38. Section 17.09, Florida Statutes, is
31 amended to read:
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1 17.09 Application for warrants for salaries.--All
2 public officers who are entitled to salaries in this state,
3 shall make their application for warrants in writing, stating
4 for what terms and the amount they claim, which written
5 application shall be filed by the Chief Financial Officer
6 Comptroller as vouchers for the warrants issued thereupon.
7 Section 39. Section 17.10, Florida Statutes, is
8 amended to read:
9 17.10 Record of warrants and of state funds and
10 securities issued.--The Chief Financial Officer Comptroller
11 shall cause to be entered in the warrant register a record of
12 the warrants issued during the previous month, and shall make
13 such entry in the record so required to be kept as shall show
14 the number of each warrant issued, in whose favor drawn, and
15 the date it was issued. He or she shall account for all state
16 funds and securities.
17 Section 40. Section 17.11, Florida Statutes, is
18 amended to read:
19 17.11 To report disbursements made.--
20 (1) The Chief Financial Officer Comptroller shall make
21 in all his or her future annual reports an exhibit stated from
22 the record of disbursements made during the fiscal year, and
23 the several heads of expenditures under which such
24 disbursements were made.
25 (2) The Chief Financial Officer Comptroller shall also
26 cause to have reported from the Florida Accounting Information
27 Resource Subsystem no less than quarterly the disbursements
28 which agencies made to small businesses, as defined in the
29 Florida Small and Minority Business Assistance Act of 1985; to
30 certified minority business enterprises in the aggregate; and
31 to certified minority business enterprises broken down into
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1 categories of minority persons, as well as gender and
2 nationality subgroups. This information shall be made
3 available to the agencies, the Office of Supplier Diversity,
4 the Governor, the President of the Senate, and the Speaker of
5 the House of Representatives. Each agency shall be responsible
6 for the accuracy of information entered into the Florida
7 Accounting Information Resource Subsystem for use in this
8 reporting.
9 Section 41. Section 17.12, Florida Statutes, is
10 amended to read:
11 17.12 Authorized to issue warrants to tax collector or
12 sheriff for payment.--Whenever it shall appear to the
13 satisfaction of the Chief Financial Officer Comptroller of
14 this state from examination of the books of his or her office
15 that the tax collector or the sheriff for any county in this
16 state has paid into the State Treasury, through mistake or
17 otherwise, a larger or greater sum than is actually due from
18 such said collector or sheriff, then the Chief Financial
19 Officer Comptroller may issue a warrant to such said collector
20 or sheriff for the sum so found to be overpaid.
21 Section 42. Section 17.13, Florida Statutes, is
22 amended to read:
23 17.13 To duplicate warrants lost or destroyed.--
24 (1) The Chief Financial Officer Comptroller is
25 required to duplicate any Chief Financial Officer's
26 Comptroller's warrants that may have been lost or destroyed,
27 or may hereafter be lost or destroyed, upon the owner thereof
28 or the owner's agent or attorney presenting the Chief
29 Financial Officer Comptroller the statement, under oath,
30 reciting the number, date, and amount of any warrant or the
31 best and most definite description in his or her knowledge and
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1 the circumstances of its loss; if the Chief Financial Officer
2 Comptroller deems it necessary, the owner or the owner's agent
3 or attorney shall file in the office of the Chief Financial
4 Officer Comptroller a surety bond, or a bond with securities,
5 to be approved by one of the judges of the circuit court or
6 one of the justices of the Supreme Court, in a penalty of not
7 less than twice the amount of any warrants so duplicated,
8 conditioned to indemnify the state and any innocent holders
9 thereof from any damages that may accrue from such
10 duplication.
11 (2) The Chief Financial Officer Comptroller is
12 required to duplicate any Chief Financial Officer's
13 Comptroller's warrant that may have been lost or destroyed, or
14 may hereafter be lost or destroyed, when sent to any payee via
15 any state agency when such warrant is lost or destroyed prior
16 to being received by the payee and provided the director of
17 the state agency to whom the warrant was sent presents to the
18 Chief Financial Officer Comptroller a statement, under oath,
19 reciting the number, date, and amount of the warrant lost or
20 destroyed, the circumstances surrounding the loss or
21 destruction of such warrant, and any additional information
22 that the Chief Financial Officer Comptroller shall request in
23 regard to such warrant.
24 (3) Any duplicate Chief Financial Officer's
25 Comptroller's warrant issued in pursuance of the above
26 provisions shall be of the same validity as the original was
27 before its loss.
28 Section 43. Section 17.14, Florida Statutes, is
29 amended to read:
30 17.14 To prescribe forms.--The Chief Financial Officer
31 Department of Banking and Finance may prescribe the forms of
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1 all papers, vouchers, reports and returns and the manner of
2 keeping the accounts and papers to be used by the officers of
3 this state or other persons having accounts, claims, or
4 demands against the state or entrusted with the collection of
5 any of the revenue thereof or any demand due the same, which
6 form shall be pursued by such officer or other persons.
7 Section 44. Section 17.16, Florida Statutes, is
8 amended to read:
9 17.16 Seal.--The seal of office of the Chief Financial
10 Officer Comptroller of the state shall have a be the same as
11 the seal heretofore used for that purpose.
12 Section 45. Section 17.17, Florida Statutes, is
13 amended to read:
14 17.17 Examination by Governor and report.--The office
15 of Chief Financial Officer Comptroller of the state, and the
16 books, files, documents, records, and papers shall always be
17 subject to the examination of the Governor of this state, or
18 any person the Governor may authorize to examine the same; and
19 on the first day of January of each and every year, or oftener
20 if called for by the Governor, the Chief Financial Officer
21 Comptroller shall make a full report of all his or her
22 official acts and proceedings for the last fiscal year to the
23 Governor, to be laid before the Legislature with the
24 Governor's message, and shall make such further report as the
25 constitution may require.
26 Section 46. Subsection (1) of section 17.20, Florida
27 Statutes, is amended to read:
28 17.20 Assignment of claims for collection.--
29 (1) The Department of Financial Services Banking and
30 Finance shall charge the state attorneys with the collection
31 of all claims that are placed in their hands for collection of
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1 money or property for the state or any county or special
2 district, or that it otherwise requires them to collect. The
3 charges are evidence of indebtedness of a state attorney
4 against whom any charge is made for the full amount of the
5 claim, until the charges have been collected and paid into the
6 treasury of the state or of the county or special district or
7 the legal remedies of the state have been exhausted, or until
8 the state attorney demonstrates to the department that the
9 failure to collect the charges is not due to negligence and
10 the department has made a proper entry of satisfaction of the
11 charge against the state attorney.
12 Section 47. Section 17.21, Florida Statutes, is
13 amended to read:
14 17.21 Not to allow any claim of state attorney against
15 state until report made.--The Chief Financial Officer
16 Comptroller shall not audit or allow any claim which any state
17 attorney may have against the state for services who shall
18 fail to make any report which by law the state attorney is
19 required to make to the Chief Financial Officer Comptroller of
20 claims of the state which it is his or her duty to collect.
21 Section 48. Section 17.22, Florida Statutes, is
22 amended to read:
23 17.22 Notice to Department of Legal Affairs.--Whenever
24 the Department of Financial Services Banking and Finance
25 forwards any bond or account or claim for suit to any state
26 attorney, it shall advise the Department of Legal Affairs of
27 the fact, giving it the amount of the claim and other
28 necessary particulars for its full information upon the
29 subject.
30 Section 49. Section 17.25, Florida Statutes, is
31 amended to read:
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1 17.25 May certify copies.--The Chief Financial Officer
2 Comptroller of this state may certify, under his or her seal
3 of office, copies of any record, paper, or document, by law
4 placed in the Chief Financial Officer's Comptroller's custody,
5 keeping, and care; and such certified copy shall have the same
6 force and effect as evidence as the original would have.
7 Section 50. Subsections (1) and (3) of section 17.26,
8 Florida Statutes, are amended to read:
9 17.26 Cancellation of state warrants not presented
10 within 1 year.--
11 (1) If any state warrant issued by the Comptroller or
12 the Chief Financial Officer against any fund in the State
13 Treasury is not presented for payment within 1 year after the
14 last day of the month in which it was originally issued, the
15 Chief Financial Officer Comptroller may cancel the warrant and
16 credit the amount of the warrant to the fund upon which it is
17 drawn. If the warrant so canceled was issued against a fund
18 that is no longer operative, the amount of the warrant shall
19 be credited to the General Revenue Fund. The Chief Financial
20 Officer Treasurer shall not honor any state warrant after it
21 has been canceled.
22 (3) When a warrant canceled under subsection (1)
23 represents funds that are in whole or in part derived from
24 federal contributions and disposition of the funds under
25 chapter 717 would cause a loss of the federal contributions,
26 the Governor shall certify to the Chief Financial Officer
27 Comptroller that funds represented by such warrants are for
28 that reason exempt from treatment as unclaimed property.
29 Obligations represented by warrants are unenforceable after 1
30 year from the last day of the month in which the warrant was
31 originally issued. An action may not be commenced thereafter
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1 on the obligation unless authorized by the federal program
2 from which the original warrant was funded and unless payment
3 of the obligation is authorized to be made from the current
4 federal funding. When a payee or person entitled to a warrant
5 subject to this paragraph requests payment, and payment from
6 current federal funding is authorized by the federal program
7 from which the original warrant was funded, the Chief
8 Financial Officer Comptroller may, upon investigation, issue a
9 new warrant to be paid out of the proper fund in the State
10 Treasury, provided the payee or other person executes under
11 oath the statement required by s. 17.13 or surrenders the
12 canceled warrant.
13 Section 51. Subsections (1), (2), and (3) of section
14 17.27, Florida Statutes, are amended to read:
15 17.27 Microfilming and destroying records and
16 correspondence.--
17 (1) The Department of Financial Services Banking and
18 Finance may destroy general correspondence files and also any
19 other records which the department may deem no longer
20 necessary to preserve in accordance with retention schedules
21 and destruction notices established under rules of the
22 Division of Library and Information Services, records and
23 information management program, of the Department of State.
24 Such schedules and notices relating to financial records of
25 the department shall be subject to the approval of the Auditor
26 General.
27 (2) The Department of Financial Services Banking and
28 Finance may photograph, microphotograph, or reproduce on film
29 such documents and records as it may select, in such manner
30 that each page will be exposed in exact conformity with the
31 original.
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1 (3) The Department of Financial Services Banking and
2 Finance may destroy any of such said documents after they have
3 been photographed and filed in accordance with the provisions
4 of subsection (1).
5 Section 52. Section 17.28, Florida Statutes, is
6 amended to read:
7 17.28 Chief Financial Officer Comptroller may
8 authorize biweekly salary payments.--The Chief Financial
9 Officer Comptroller is authorized and may permit biweekly
10 salary payments to personnel upon written request by a
11 specific state agency. The Chief Financial Officer Comptroller
12 shall adopt promulgate reasonable rules and regulations to
13 carry out the intent of this section.
14 Section 53. Section 17.29, Florida Statutes, is
15 amended to read:
16 17.29 Authority to prescribe rules.--The Chief
17 Financial Officer may Comptroller has authority to adopt rules
18 pursuant to ss. 120.54 and 120.536(1) to implement ss.
19 17.51-17.66 and duties assigned by statute or the State
20 Constitution. Such rules may include, but are not limited to,
21 the following:
22 (1) Procedures or policies relating to the processing
23 of payments from salaries, other personal services, or any
24 other applicable appropriation.
25 (2) Procedures for processing interagency and
26 intraagency payments which do not require the issuance of a
27 state warrant.
28 Section 54. Section 17.30, Florida Statutes, is
29 amended to read:
30 17.30 Dissemination of information.--The Chief
31 Financial Officer Comptroller may disseminate, in any form or
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1 manner he or she considers appropriate, information regarding
2 the Chief Financial Officer's Comptroller's official duties.
3 Section 55. Section 17.32, Florida Statutes, is
4 amended to read:
5 17.32 Annual report of trust funds; duties of Chief
6 Financial Officer Comptroller.--
7 (1) On February 1 of each year, the Chief Financial
8 Officer Comptroller shall present to the President of the
9 Senate and the Speaker of the House of Representatives a
10 report listing all trust funds as defined in s. 215.32. The
11 report shall contain the following data elements for each fund
12 for the preceding fiscal year:
13 (a) The fund code.
14 (b) The title.
15 (c) The fund type according to generally accepted
16 accounting principles.
17 (d) The statutory authority.
18 (e) The beginning cash balance.
19 (f) Direct revenues.
20 (g) Nonoperating revenues.
21 (h) Operating disbursements.
22 (i) Nonoperating disbursements.
23 (j) The ending cash balance.
24 (k) The department and budget entity in which the fund
25 is located.
26 (2) The report shall separately list all funds that
27 received no revenues other than interest earnings or transfers
28 from the General Revenue Fund or from other trust funds during
29 the preceding fiscal year.
30
31
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1 (3) The report shall separately list all funds that
2 had unencumbered balances in excess of $2 million in each of
3 the 2 preceding fiscal years.
4 Section 56. Section 17.325, Florida Statutes, is
5 amended to read:
6 17.325 Governmental efficiency hotline; duties of
7 Chief Financial Officer Comptroller.--
8 (1) By September 1, 1992, The Chief Financial Officer
9 Comptroller shall establish and operate a statewide toll-free
10 telephone hotline to receive information or suggestions from
11 the citizens of this state on how to improve the operation of
12 government, increase governmental efficiency, and eliminate
13 waste in government. The Chief Financial Officer Comptroller
14 shall report each month to the Appropriations Committee of the
15 House of Representatives and of the Senate the information or
16 suggestions received through the hotline and the evaluations
17 and determinations made by the affected agency, as provided in
18 subsection (3), with respect to such information or
19 suggestions.
20 (2) The Chief Financial Officer Comptroller shall
21 operate the hotline 24 hours a day. The Chief Financial
22 Officer Comptroller shall advertise the availability of the
23 hotline in newspapers of general circulation in this state and
24 shall provide for the posting of notices in conspicuous places
25 in state agency offices, city halls, county courthouses, and
26 places in which there is exposure to significant numbers of
27 the general public, including, but not limited to, local
28 convenience stores, shopping malls, shopping centers, gasoline
29 stations, or restaurants. The Chief Financial Officer
30 Comptroller shall use the slogan "Tell us where we can 'Get
31 Lean'" for the hotline and in advertisements for the hotline.
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1 (3) Each telephone call on the hotline shall be
2 received by the office of the Chief Financial Officer
3 Comptroller, and the office of the Chief Financial Officer
4 Comptroller shall conduct an evaluation to determine if it is
5 appropriate for the telephone call to be processed as a "Get
6 Lean" telephone call. If it is determined that the telephone
7 call should be processed as a "Get Lean" telephone call, a
8 record of each suggestion or item of information received
9 shall be entered into a log kept by the Chief Financial
10 Officer Comptroller. A caller on the hotline may remain
11 anonymous, and, if the caller provides his or her name, the
12 name shall be confidential. If a caller discloses that he or
13 she is a state employee, the Chief Financial Officer
14 Comptroller, in addition to maintaining a record as required
15 by this section, may refer any information or suggestion from
16 the caller to an existing state awards program administered by
17 the affected agency. The affected agency shall conduct a
18 preliminary evaluation of the efficacy of any suggestion or
19 item of information received through the hotline and shall
20 provide the Chief Financial Officer Comptroller with a
21 preliminary determination of the amount of revenues the state
22 might save by implementing the suggestion or making use of the
23 information.
24 (4) Any person who provides any information through
25 the hotline shall be immune from liability for any use of such
26 information and shall not be subject to any retaliation by any
27 employee of the state for providing such information or making
28 such suggestion.
29 (5) The Chief Financial Officer Comptroller shall
30 adopt any rule necessary to implement the establishment,
31 operation, and advertisement of the hotline.
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1 Section 57. Section 17.41, Florida Statutes, is
2 amended to read:
3 17.41 Department of Financial Services Banking and
4 Finance Tobacco Settlement Clearing Trust Fund.--
5 (1) The Department of Financial Services Banking and
6 Finance Tobacco Settlement Clearing Trust Fund is created
7 within that department.
8 (2) Funds to be credited to the Tobacco Settlement
9 Clearing Trust Fund shall consist of payments received by the
10 state from settlement of State of Florida v. American Tobacco
11 Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received
12 from the settlement and deposited into the trust fund are
13 exempt from the service charges imposed under s. 215.20.
14 (3)(a) Subject to approval of the Legislature, all or
15 any portion of the state's right, title, and interest in and
16 to the tobacco settlement agreement may be sold to the Tobacco
17 Settlement Financing Corporation created pursuant to s.
18 215.56005. Any such sale shall be a true sale and not a
19 borrowing.
20 (b) Any moneys received by the state pursuant to any
21 residual interest retained in the tobacco settlement agreement
22 or the payments to be made under the tobacco settlement
23 agreement shall be deposited into the Tobacco Settlement
24 Clearing Trust Fund.
25 (4) Net proceeds of the sale of the tobacco settlement
26 agreement received by the state shall be immediately deposited
27 into the Lawton Chiles Endowment Fund, created in s. 215.5601,
28 without deposit to the Tobacco Settlement Clearing Trust Fund.
29 (5) The department shall disburse funds, by
30 nonoperating transfer, from the Tobacco Settlement Clearing
31 Trust Fund to the tobacco settlement trust funds of the
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1 various agencies in amounts equal to the annual appropriations
2 made from those agencies' trust funds in the General
3 Appropriations Act.
4 (6) Pursuant to the provisions of s. 19(f)(3), Art.
5 III of the State Constitution, the Tobacco Settlement Clearing
6 Trust Fund is exempt from the termination provisions of s.
7 19(f)(2), Art. III of the State Constitution.
8 Section 58. Section 17.43, Florida Statutes, is
9 amended to read:
10 17.43 Chief Financial Officer's Comptroller's Federal
11 Equitable Sharing Trust Fund.--
12 (1) The Chief Financial Officer's Comptroller's
13 Federal Equitable Sharing Trust Fund is created within the
14 Department of Financial Services Banking and Finance. The
15 department may deposit into the trust fund receipts and
16 revenues received as a result of federal criminal,
17 administrative, or civil forfeiture proceedings and receipts
18 and revenues received from federal asset-sharing programs. The
19 trust fund is exempt from the service charges imposed by s.
20 215.20.
21 (2) Notwithstanding the provisions of s. 216.301 and
22 pursuant to s. 216.351, any balance in the trust fund at the
23 end of any fiscal year shall remain in the trust fund at the
24 end of the year and shall be available for carrying out the
25 purposes of the trust fund.
26 Section 59. Section 18.01, Florida Statutes, is
27 transferred, renumbered as section 17.51, Florida Statutes,
28 and amended to read:
29 17.51 18.01 Oath and certificate of Chief Financial
30 Officer Treasurer.--The Chief Financial Officer Treasurer
31 shall, within 10 days before he or she enters upon the duties
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1 of office, take and subscribe an oath or affirmation
2 faithfully to discharge the duties of office, which oath or
3 affirmation must be deposited with the Department of State.
4 The Chief Financial Officer Treasurer shall also file with the
5 Department of State a certificate from the Comptroller
6 attesting that the retiring Treasurer or Chief Financial
7 Officer has turned over vouchers for all payments made as
8 required by law, and that the Treasurer's account has been
9 truly credited with the same, and that he or she has filed
10 receipts from his or her successor for all vouchers paid since
11 the end of last quarter, and for balance of cash, and for all
12 bonds and other securities held by the Treasurer or Chief
13 Financial Officer as such, and a certificate from each board
14 of which he or she is made by law ex officio treasurer, that
15 he or she has satisfactorily accounted to such board as its
16 treasurer.
17 Section 60. Section 18.02, Florida Statutes, is
18 transferred, renumbered as section 17.52, Florida Statutes,
19 and amended to read:
20 17.52 18.02 Moneys paid on warrants.--The Division of
21 Treasury Treasurer shall pay all warrants on the treasury
22 drawn by the Chief Financial Officer or Comptroller and other
23 orders by the Chief Financial Officer or Comptroller for the
24 disbursement of state funds by electronic means or by means of
25 a magnetic tape or any other transfer medium. No moneys shall
26 be paid out of the treasury except on such warrants or other
27 orders of the Chief Financial Officer or Comptroller.
28 Section 61. Section 18.021, Florida Statutes, is
29 transferred, renumbered as section 17.53, Florida Statutes,
30 and amended to read:
31
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1 17.53 18.021 Chief Financial Officer Treasurer to
2 operate personal check-cashing service.--
3 (1) The Chief Financial Officer Treasurer is
4 authorized to operate a personal check-cashing service or a
5 remote financial service unit at the capitol for the benefit
6 of state employees or other responsible persons who properly
7 identify themselves.
8 (2) If a personal check is dishonored or a state
9 warrant is forged and the Chief Financial Officer Treasurer
10 has made diligent but unsuccessful effort to collect and has
11 forwarded the returned check for prosecution by the
12 appropriate state attorney, then he or she may include such
13 amount in his or her budget request to be considered during
14 the next legislative session.
15 Section 62. Section 18.05, Florida Statutes, is
16 transferred, renumbered as section 17.54, Florida Statutes,
17 and amended to read:
18 17.54 18.05 Annual report to Governor.--The Chief
19 Financial Officer Treasurer shall make a report in detail to
20 the Governor, with a copy to the President of the Senate and
21 the Speaker of the House of Representatives as soon after the
22 1st day of July of each year as it is practicable to prepare
23 same of the transactions of the Division of Treasury his or
24 her office for the preceding fiscal year, embracing a
25 statement of the receipts and payments on account of each of
26 the several funds of which he or she has the care and custody.
27 Section 63. Section 18.06, Florida Statutes, is
28 transferred, renumbered as section 17.55, Florida Statutes,
29 and amended to read:
30 17.55 18.06 Examination by and monthly statements to
31 the Governor.--The office of the Chief Financial Officer
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1 Treasurer of this state, and the books, files, documents,
2 records, and papers thereof, shall always be subject to the
3 examination of the Governor of the state, or any person he or
4 she may authorize to examine same. The Chief Financial Officer
5 Treasurer shall exhibit to the Governor monthly a trial
6 balance sheet from the Division of Treasury his or her books
7 and a statement of all the credits, moneys, or effects on hand
8 on the day for which such said trial balance sheet is made,
9 and such said statement accompanying such said trial balance
10 sheet shall particularly describe the exact character of
11 funds, credits, and securities, and shall state in detail the
12 amount which he or she may have representing cash, including
13 any not yet entered upon the books of his or her office, and
14 such statement shall be certified and signed by the Chief
15 Financial Officer Treasurer officially.
16 Section 64. Section 18.08, Florida Statutes, is
17 transferred, renumbered as section 17.56, Florida Statutes,
18 and amended to read:
19 17.56 18.08 Division of Treasury Treasurer to turn
20 over to the Division of Accounting and Auditing Comptroller
21 all warrants paid.--The Division of Treasury Treasurer shall
22 turn over to the Division of Accounting and Auditing
23 Comptroller, through the data service center, all warrants
24 drawn by the Chief Financial Officer or the Comptroller and
25 paid by the Division of Treasury Treasurer. The Said warrants
26 shall be turned over as soon as the Division of Treasury
27 Treasurer shall have recorded such warrants and charged the
28 same against the accounts upon which such warrants are drawn.
29 Section 65. Section 18.10, Florida Statutes, is
30 transferred, renumbered as section 17.57, Florida Statutes,
31 and amended to read:
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1 17.57 18.10 Deposits and investments of state money.--
2 (1) The Chief Financial Officer Treasurer, or other
3 parties with the permission of the Chief Financial Officer
4 Treasurer, shall deposit the money of the state or any money
5 in the State Treasury in such qualified public depositories of
6 the state as will offer satisfactory collateral security for
7 such deposits, pursuant to chapter 280. It is the duty of the
8 Chief Financial Officer Treasurer, consistent with the cash
9 requirements of the state, to keep such money fully invested
10 or deposited as provided herein in order that the state may
11 realize maximum earnings and benefits.
12 (2) The Chief Financial Officer Treasurer shall make
13 funds available to meet the disbursement needs of the state.
14 Funds that which are not needed for this purpose shall be
15 placed in qualified public depositories that will pay rates
16 established by the Chief Financial Officer Treasurer at levels
17 not less than the prevailing rate for United States Treasury
18 securities with a corresponding maturity. In the event money
19 is available for interest-bearing time deposits or savings
20 accounts as provided herein and qualified public depositories
21 are unwilling to accept such money and pay thereon the rates
22 established above, then such money which qualified public
23 depositories are unwilling to accept shall be invested in:
24 (a) Direct United States Treasury obligations.
25 (b) Obligations of the Federal Farm Credit Banks.
26 (c) Obligations of the Federal Home Loan Bank and its
27 district banks.
28 (d) Obligations of the Federal Home Loan Mortgage
29 Corporation, including participation certificates.
30 (e) Obligations guaranteed by the Government National
31 Mortgage Association.
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1 (f) Obligations of the Federal National Mortgage
2 Association.
3 (g) Commercial paper of prime quality of the highest
4 letter and numerical rating as provided for by at least one
5 nationally recognized rating service.
6 (h) Time drafts or bills of exchange drawn on and
7 accepted by a commercial bank, otherwise known as "bankers
8 acceptances," which are accepted by a member bank of the
9 Federal Reserve System having total deposits of not less than
10 $400 million or which are accepted by a commercial bank which
11 is not a member of the Federal Reserve System with deposits of
12 not less than $400 million and which is licensed by a state
13 government or the Federal Government, and whose senior debt
14 issues are rated in one of the two highest rating categories
15 by a nationally recognized rating service and which are held
16 in custody by a domestic bank which is a member of the Federal
17 Reserve System.
18 (i) Corporate obligations or corporate master notes of
19 any corporation within the United States, if the long-term
20 obligations of such corporation are rated by at least two
21 nationally recognized rating services in any one of the four
22 highest classifications. However, if such obligations are
23 rated by only one nationally recognized rating service, then
24 the obligations shall be rated in any one of the two highest
25 classifications.
26 (j) Obligations of the Student Loan Marketing
27 Association.
28 (k) Obligations of the Resolution Funding Corporation.
29 (l) Asset-backed or mortgage-backed securities of the
30 highest credit quality.
31
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1 (m) Any obligations not previously listed which are
2 guaranteed as to principal and interest by the full faith and
3 credit of the United States Government or are obligations of
4 United States agencies or instrumentalities which are rated in
5 the highest category by a nationally recognized rating
6 service.
7 (n) Commingled no-load investment funds or no-load
8 mutual funds in which all securities held by the funds are
9 authorized in this subsection.
10 (o) Money market mutual funds as defined and regulated
11 by the Securities and Exchange Commission.
12 (p) Obligations of state and local governments rated
13 in any of the four highest classifications by at least two
14 nationally recognized rating services. However, if such
15 obligations are rated by only one nationally recognized rating
16 service, then the obligations shall be rated in any one of the
17 two highest classifications.
18 (q) Derivatives of investment instruments authorized
19 in paragraphs (a)-(m).
20 (r) Covered put and call options on investment
21 instruments authorized in this subsection for the purpose of
22 hedging transactions by investment managers to mitigate risk
23 or to facilitate portfolio management.
24 (s) Negotiable certificates of deposit issued by
25 financial institutions whose long-term debt is rated in one of
26 the three highest categories by at least two nationally
27 recognized rating services, the investment in which shall not
28 be prohibited by any provision of chapter 280.
29 (t) Foreign bonds denominated in United States dollars
30 and registered with the Securities and Exchange Commission for
31 sale in the United States, if the long-term obligations of
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1 such issuers are rated by at least two nationally recognized
2 rating services in any one of the four highest
3 classifications. However, if such obligations are rated by
4 only one nationally recognized rating service, the obligations
5 shall be rated in any one of the two highest classifications.
6 (u) Convertible debt obligations of any corporation
7 domiciled within the United States, if the convertible debt
8 issue is rated by at least two nationally recognized rating
9 services in any one of the four highest classifications.
10 However, if such obligations are rated by only one nationally
11 recognized rating service, then the obligations shall be rated
12 in any one of the two highest classifications.
13 (v) Securities not otherwise described in this
14 subsection. However, not more than 3 percent of the funds
15 under the control of the Chief Financial Officer Treasurer
16 shall be invested in securities described in this paragraph.
17
18 These investments may be in varying maturities and may be in
19 book-entry form. Investments made pursuant to this subsection
20 may be under repurchase agreement. The Chief Financial Officer
21 may Treasurer is authorized to hire registered investment
22 advisers and other consultants to assist in investment
23 management and to pay fees directly from investment earnings.
24 Investment securities, proprietary investment services related
25 to contracts, performance evaluation services,
26 investment-related equipment or software used directly to
27 assist investment trading or investment accounting operations
28 including bond calculators, telerates, Bloombergs, special
29 program calculators, intercom systems, and software used in
30 accounting, communications, and trading, and advisory and
31
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1 consulting contracts made under this section are exempt from
2 the provisions of chapter 287.
3 (3) In the event the financial institutions in the
4 state do not make sufficient loan funds available for a
5 residential conservation program pursuant to any plan approved
6 by the Florida Public Service Commission under the Florida
7 Energy Efficiency and Conservation Act, the board may
8 authorize the investment of state funds, except retirement
9 trust funds, in such a loan program at rates not less than
10 prevailing United States Treasury bill rates. However, prior
11 to investment of such funds, the Florida Public Service
12 Commission shall develop a plan which must be approved by the
13 Legislature before implementation.
14 (4) All earnings on any investments made pursuant to
15 this section shall be credited to the General Revenue Fund,
16 except that earnings attributable to moneys made available
17 pursuant to s. 17.61(3) s. 18.125(3) shall be credited pro
18 rata to the funds from which such moneys were made available.
19 (5) The fact that a municipal officer or a state
20 officer, including an officer of any municipal or state
21 agency, board, bureau, commission, institution, or department,
22 is a stockholder or an officer or director of a bank or
23 savings and loan association will not bar such bank or savings
24 and loan association from being a depository of funds coming
25 under the jurisdiction of any such municipal officer or state
26 officer if it shall appear in the records of the municipal or
27 state office that the governing body of such municipality or
28 state agency has investigated and determined that such
29 municipal or state officer is not favoring such banks or
30 savings and loan associations over other qualified banks or
31 savings and loan associations.
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1 (6) The Chief Financial Officer Treasurer is
2 designated the cash management officer for the state and is
3 charged with the coordination and supervision of procedures
4 providing for the efficient handling of financial assets under
5 the control of the State Treasury and each of the various
6 state agencies, and of the judicial branch, as defined in s.
7 216.011. This responsibility shall include the supervision and
8 approval of all banking relationships. Pursuant to this
9 responsibility, the Chief Financial Officer may Treasurer is
10 authorized to obtain information from financial institutions
11 regarding depository accounts maintained by any agency or
12 institution of the State of Florida.
13 Section 66. Section 18.101, Florida Statutes, is
14 transferred, renumbered as section 17.58, Florida Statutes,
15 and amended to read:
16 17.58 18.101 Deposits of public money outside the
17 State Treasury; revolving funds.--
18 (1) All moneys collected by state agencies, boards,
19 bureaus, commissions, institutions, and departments shall,
20 except as otherwise provided by law, be deposited in the State
21 Treasury. However, when the volume and complexity of
22 collections so justify, the Chief Financial Officer Treasurer
23 may give written approval for such moneys to be deposited in
24 clearing accounts outside the State Treasury in qualified
25 public depositories pursuant to chapter 280. Such deposits
26 shall only be made in depositories designated by the Chief
27 Financial Officer Treasurer. No money may be maintained in
28 such clearing accounts for a period longer than approved by
29 the Chief Financial Officer Treasurer or 40 days, whichever is
30 shorter, prior to its being transmitted to the Chief Financial
31 Officer Treasurer or to an account designated by him or her,
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1 distributed to a statutorily authorized account outside the
2 State Treasury, refunded, or transmitted to the Department of
3 Revenue. All depositories so designated shall pledge
4 sufficient collateral to be security for such funds as
5 provided in chapter 280.
6 (2) Revolving funds authorized by the Chief Financial
7 Officer Comptroller for all state agencies, boards, bureaus,
8 commissions, institutions, and departments may be deposited by
9 such agencies, boards, bureaus, commissions, institutions, and
10 departments in qualified public depositories designated by the
11 Chief Financial Officer Treasurer for such revolving fund
12 deposits; and the depositories in which such deposits are made
13 shall pledge collateral security as provided in chapter 280.
14 (3) Notwithstanding the foregoing provisions, clearing
15 and revolving accounts may be established outside the state
16 when necessary to facilitate the authorized operations of any
17 agency, board, bureau, commission, institution, or department.
18 Any of such accounts established in the United States shall be
19 subject to the collateral security requirements of chapter
20 280. Accounts established outside the United States may be
21 exempted from the requirements of chapter 280 as provided in
22 chapter 280; but before any unsecured account is established,
23 the agency requesting or maintaining the account shall
24 recommend a financial institution to the Chief Financial
25 Officer Treasurer for designation to hold the account and
26 shall submit evidence of the financial condition, size,
27 reputation, and relative prominence of the institution from
28 which the Chief Financial Officer Treasurer can reasonably
29 conclude that the institution is financially sound before
30 designating it to hold the account.
31
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1 (4) Each department shall furnish a statement to the
2 Chief Financial Officer Treasurer, on or before the 20th of
3 the month following the end of each calendar quarter, listing
4 each clearing account and revolving fund within that
5 department's jurisdiction. Such statement shall report, as of
6 the last day of the calendar quarter, the cash balance in each
7 revolving fund and that portion of the cash balance in each
8 clearing account that will eventually be deposited to the
9 State Treasury as provided by law. The Chief Financial Officer
10 Treasurer shall show the sum total of state funds in clearing
11 accounts and revolving funds, as most recently reported to the
12 Chief Financial Officer Treasurer by various departments, in
13 his or her monthly statement to the Governor, pursuant to s.
14 17.55 s. 18.06.
15 Section 67. Section 18.103, Florida Statutes, is
16 transferred, renumbered as section 17.59, Florida Statutes,
17 and amended to read:
18 17.59 18.103 Safekeeping services of Treasurer.--
19 (1) The Chief Financial Officer Treasurer may accept
20 for safekeeping purposes, deposits of cash, securities, and
21 other documents or articles of value from any state agency as
22 defined in s. 216.011, or any county, city, or political
23 subdivision thereof, or other public authority.
24 (2) The Chief Financial Officer Treasurer may, in his
25 or her discretion, establish a fee for processing, servicing,
26 and safekeeping deposits and other documents or articles of
27 value held in the Chief Financial Officer's Treasurer's vaults
28 as requested by the various entities or as provided for by
29 law. Such fee shall be equivalent to the fee charged by
30 financial institutions for processing, servicing, and
31
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1 safekeeping the same types of deposits and other documents or
2 articles of value.
3 (3) The Chief Financial Officer Treasurer shall
4 collect in advance, and persons so served shall pay to the
5 Chief Financial Officer Treasurer in advance, the
6 miscellaneous charges as follows:
7 (a) For copies of documents or records on file with
8 the Chief Financial Officer Treasurer, per page..........$.50.
9 (b) For each certificate of the Chief Financial
10 Officer Treasurer, certified or under the Chief Financial
11 Officer's Treasurer's seal, authenticating any document or
12 other instrument........................................$5.00.
13 (4) All fees collected for the services described in
14 this section shall be deposited in the Treasury Treasurer's
15 Administrative and Investment Trust Fund.
16 Section 68. Section 18.104, Florida Statutes, is
17 transferred, renumbered as section 17.60, Florida Statutes,
18 and amended to read:
19 17.60 18.104 Treasury Cash Deposit Trust Fund.--
20 (1) There is hereby created in the State Treasury the
21 Treasury Cash Deposit Trust Fund. Cash deposits made pursuant
22 to s. 17.59 s. 18.103 shall be deposited into this fund.
23 (2) Interest earned on cash deposited into this fund
24 shall be prorated and paid to the depositing entities.
25 Section 69. Section 18.125, Florida Statutes, is
26 transferred, renumbered as section 17.61, Florida Statutes,
27 and amended to read:
28 17.61 18.125 Chief Financial Officer Treasurer; powers
29 and duties in the investment of certain funds.--
30 (1) The Chief Financial Officer Treasurer, acting with
31 the approval of a majority of the State Board of
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1 Administration, shall invest all general revenue funds and all
2 the trust funds and all agency funds of each state agency, and
3 of the judicial branch, as defined in s. 216.011, and may,
4 upon request, invest funds of any statutorily created board,
5 association, or entity, except for the funds required to be
6 invested pursuant to ss. 215.44-215.53, by the procedure and
7 in the authorized securities prescribed in s. 17.57 s. 18.10;
8 for this purpose, the Chief Financial Officer may Treasurer
9 shall be authorized to open and maintain one or more demand
10 and safekeeping accounts in any bank or savings association
11 for the investment and reinvestment and the purchase, sale,
12 and exchange of funds and securities in the accounts. Funds
13 in such accounts used solely for investments and reinvestments
14 shall be considered investment funds and not funds on deposit,
15 and such funds shall be exempt from the provisions of chapter
16 280. In addition, the securities or investments purchased or
17 held under the provisions of this section and s. 17.57 s.
18 18.10 may be loaned to securities dealers and banks and may be
19 registered by the Chief Financial Officer Treasurer in the
20 name of a third-party nominee in order to facilitate such
21 loans, provided the loan is collateralized by cash or United
22 States government securities having a market value of at least
23 100 percent of the market value of the securities loaned. The
24 Chief Financial Officer Treasurer shall keep a separate
25 account, designated by name and number, of each fund.
26 Individual transactions and totals of all investments, or the
27 share belonging to each fund, shall be recorded in the
28 accounts.
29 (2) By and with the consent and approval of any
30 constitutional board, the judicial branch, or agency now
31 having the constitutional power to make investments and in
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1 accordance with this section, the Chief Financial Officer may
2 Treasurer shall have the power to make purchases, sales,
3 exchanges, investments, and reinvestments for and on behalf of
4 any such board.
5 (3)(a) It is the duty of each state agency, and of the
6 judicial branch, now or hereafter charged with the
7 administration of the funds referred to in subsection (1) to
8 make such moneys available for investment as fully as is
9 consistent with the cash requirements of the particular fund
10 and to authorize investment of such moneys by the Chief
11 Financial Officer Treasurer.
12 (b) Monthly, and more often as circumstances require,
13 such agency or judicial branch shall notify the Chief
14 Financial Officer Treasurer of the amount available for
15 investment; and the moneys shall be invested by the Chief
16 Financial Officer Treasurer. Such notification shall include
17 the name and number of the fund for which the investments are
18 to be made and the life of the investment if the principal sum
19 is to be required for meeting obligations. This subsection,
20 however, shall not be construed to make available for
21 investment any funds other than those referred to in
22 subsection (1).
23 (4)(a) There is hereby created in the State Treasury
24 the Treasury Treasurer's Administrative and Investment Trust
25 Fund.
26 (b) The Chief Financial Officer Treasurer shall make
27 an annual assessment of 0.12 percent against the average daily
28 balance of those moneys made available pursuant to this
29 section and 0.2 percent against the average daily balance of
30 those funds requiring investment in a separate account. The
31
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1 proceeds of this assessment shall be deposited in the Treasury
2 Treasurer's Administrative and Investment Trust Fund.
3 (c) The moneys so received and deposited in the fund
4 shall be used by the Chief Financial Officer Treasurer to
5 defray the expense of his or her office in the discharge of
6 the administrative and investment powers and duties prescribed
7 by this section and this chapter, including the maintaining of
8 an office and necessary supplies therefor, essential equipment
9 and other materials, salaries and expenses of required
10 personnel, and all other legitimate expenses relating to the
11 administrative and investment powers and duties imposed upon
12 and charged to the Chief Financial Officer Treasurer under
13 this section and this chapter. The unencumbered balance in the
14 trust fund at the close of each quarter shall not exceed
15 $750,000. Any funds in excess of this amount shall be
16 transferred unallocated to the General Revenue Fund. However,
17 fees received from deferred compensation participants pursuant
18 to s. 112.215 shall not be transferred to the General Revenue
19 Fund and shall be used to operate the deferred compensation
20 program.
21 (5) The transfer of the powers, duties, and
22 responsibilities of existing state agencies and of the
23 judicial branch made by this section to the Chief Financial
24 Officer Treasurer shall include only the particular powers,
25 duties, and responsibilities hereby transferred, and all other
26 existing powers shall in no way be affected by this section.
27 Section 70. Section 18.15, Florida Statutes, is
28 transferred, renumbered as section 17.62, Florida Statutes,
29 and amended to read:
30 17.62 18.15 Interest on state moneys deposited; when
31 paid.--Interest on state moneys deposited in qualified public
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1 depositories under s. 17.57 s. 18.10 shall be payable to the
2 Chief Financial Officer Treasurer quarterly or semiannually.
3 Section 71. Section 18.17, Florida Statutes, is
4 transferred, renumbered as section 17.63, Florida Statutes,
5 and amended to read:
6 17.63 18.17 Chief Financial Officer Treasurer not to
7 issue evidences of indebtedness.--It is not lawful for the
8 Chief Financial Officer Treasurer of this state to issue any
9 treasury certificates, or any other evidences of indebtedness,
10 for any purpose whatever, and the Chief Financial Officer
11 Treasurer is prohibited from issuing the same.
12 Section 72. Section 18.20, Florida Statutes, is
13 transferred, renumbered as section 17.64, Florida Statutes,
14 and amended to read:
15 17.64 18.20 Chief Financial Officer Treasurer to make
16 reproductions of certain warrants, records, and documents.--
17 (1) All vouchers or checks heretofore or hereafter
18 drawn by appropriate court officials of the several counties
19 of the state against money deposited with the Treasurer under
20 the provisions of s. 43.17, and paid by the Treasurer, may be
21 photographed, microphotographed, or reproduced on film by the
22 Treasurer. Such photographic film shall be durable material
23 and the device used to so reproduce such warrants, vouchers,
24 or checks shall be one which accurately reproduces the
25 originals thereof in all detail; and such photographs,
26 microphotographs, or reproductions on film shall be placed in
27 conveniently accessible and identified files and shall be
28 preserved by the Treasurer as a part of the permanent records
29 of office. When any such warrants, vouchers, or checks have
30 been so photographed, microphotographed, or reproduced on
31 film, and the photographs, microphotographs, or reproductions
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1 on film thereof have been placed in files as a part of the
2 permanent records of the office of the Treasurer as aforesaid,
3 the Treasurer is authorized to return such warrants, vouchers,
4 or checks to the offices of the respective county officials
5 who drew the same and such warrants, vouchers, or checks shall
6 be retained and preserved in such offices to which returned as
7 a part of the permanent records of such offices.
8 (1)(2) Such Photographs, microphotographs, or
9 reproductions on film of such said warrants, vouchers, or
10 checks shall be deemed to be original records for all
11 purposes; and any copy or reproduction thereof made from such
12 original film, duly certified by the Chief Financial Officer
13 Treasurer as a true and correct copy or reproduction made from
14 such film, shall be deemed to be a transcript, exemplification
15 or certified copy of the original warrant, voucher, or check
16 such copy represents, and shall in all cases and in all courts
17 and places be admitted and received in evidence with the like
18 force and effect as the original thereof might be.
19 (2)(3) The Chief Financial Officer Treasurer is also
20 hereby authorized to photograph, microphotograph, or reproduce
21 on film, all records and documents of such said office, as the
22 Chief Financial Officer Treasurer may, in his or her
23 discretion, selects select; and the Chief Financial Officer
24 said Treasurer is hereby authorized to destroy any such of the
25 said documents or records after they have been photographed
26 and filed and after audit of the Chief Financial Officer's
27 Treasurer's office has been completed for the period embracing
28 the dates of such said documents and records.
29 (3)(4) Photographs or microphotographs in the form of
30 film or prints of any records made in compliance with the
31 provisions of this section shall have the same force and
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1 effect as the originals thereof would have, and shall be
2 treated as originals for the purpose of their admissibility in
3 evidence. Duly certified or authenticated reproductions of
4 such photographs or microphotographs shall be admitted in
5 evidence equally with the original photographs or
6 microphotographs.
7 Section 73. Section 18.23, Florida Statutes, is
8 transferred, renumbered as section 17.65, Florida Statutes,
9 and amended to read:
10 17.65 18.23 Chief Financial Officer Treasurer to
11 prescribe forms.--The Chief Financial Officer Treasurer may
12 prescribe the forms, and the manner of keeping the same, for
13 all receipts, credit advices, abstracts, reports, and other
14 papers furnished the Chief Financial Officer Treasurer by the
15 officers of this state or other persons or entities as a
16 result of their having, or depositing, state moneys.
17 Section 74. Section 18.24, Florida Statutes, is
18 transferred, renumbered as section 17.66, Florida Statutes,
19 and amended to read:
20 17.66 18.24 Securities in book-entry form.--Any
21 security which:
22 (1)(a) Is eligible to be held in book-entry form on
23 the books of the Federal Reserve Book-Entry System; or
24 (b) Is eligible for deposit in a depository trust
25 clearing system established to hold and transfer securities by
26 computerized book-entry systems; and which
27 (2)(a) Is held in the name of the Chief Financial
28 Officer, in the name of the State Treasurer, or in the name of
29 the State Insurance Commissioner; or
30 (b) Is pledged to the Chief Financial Officer, to the
31 State Treasurer, or to the State Insurance Commissioner;
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1
2 under any state law for any purpose whatsoever, may be held in
3 book-entry form on the books of the Federal Reserve Book-Entry
4 System or on deposit in a depository trust clearing system.
5 Section 75. Subsection (3) of section 20.04, Florida
6 Statutes, is amended to read:
7 20.04 Structure of executive branch.--The executive
8 branch of state government is structured as follows:
9 (3) For their internal structure, all departments,
10 except for the Department of Financial Services Banking and
11 Finance, the Department of Children and Family Services, the
12 Department of Corrections, the Department of Management
13 Services, the Department of Revenue, and the Department of
14 Transportation, must adhere to the following standard terms:
15 (a) The principal unit of the department is the
16 "division." Each division is headed by a "director."
17 (b) The principal unit of the division is the
18 "bureau." Each bureau is headed by a "chief."
19 (c) The principal unit of the bureau is the "section."
20 Each section is headed by an "administrator."
21 (d) If further subdivision is necessary, sections may
22 be divided into "subsections," which are headed by
23 "supervisors."
24 Section 76. Paragraph (h) of subsection (5) of section
25 20.055, Florida Statutes, is amended to read:
26 20.055 Agency inspectors general.--
27 (5) In carrying out the auditing duties and
28 responsibilities of this act, each inspector general shall
29 review and evaluate internal controls necessary to ensure the
30 fiscal accountability of the state agency. The inspector
31 general shall conduct financial, compliance, electronic data
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1 processing, and performance audits of the agency and prepare
2 audit reports of his or her findings. The scope and assignment
3 of the audits shall be determined by the inspector general;
4 however, the agency head may at any time direct the inspector
5 general to perform an audit of a special program, function, or
6 organizational unit. The performance of the audit shall be
7 under the direction of the inspector general, except that if
8 the inspector general does not possess the qualifications
9 specified in subsection (4), the director of auditing shall
10 perform the functions listed in this subsection.
11 (h) The inspector general shall develop long-term and
12 annual audit plans based on the findings of periodic risk
13 assessments. The plan, where appropriate, should include
14 postaudit samplings of payments and accounts. The plan shall
15 show the individual audits to be conducted during each year
16 and related resources to be devoted to the respective audits.
17 The Chief Financial Officer Comptroller, to assist in
18 fulfilling the responsibilities for examining, auditing, and
19 settling accounts, claims, and demands pursuant to s.
20 17.03(1), and examining, auditing, adjusting, and settling
21 accounts pursuant to s. 17.04, may utilize audits performed by
22 the inspectors general and internal auditors. For state
23 agencies under the Governor, the audit plans shall be
24 submitted to the Governor's Chief Inspector General. The plan
25 shall be submitted to the agency head for approval. A copy of
26 the approved plan shall be submitted to the Auditor General.
27 Section 77. Section 20.195, Florida Statutes, is
28 amended to read:
29 20.195 Department of Children and Family Services
30 Tobacco Settlement Trust Fund.--
31
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1 (1) The Department of Children and Family Services
2 Tobacco Settlement Trust Fund is created within that
3 department. Funds to be credited to the trust fund shall
4 consist of funds disbursed, by nonoperating transfer, from the
5 Department of Financial Services Banking and Finance Tobacco
6 Settlement Clearing Trust Fund in amounts equal to the annual
7 appropriations made from this trust fund.
8 (2) Notwithstanding the provisions of s. 216.301 and
9 pursuant to s. 216.351, any unencumbered balance in the trust
10 fund at the end of any fiscal year and any encumbered balance
11 remaining undisbursed on December 31 of the same calendar year
12 shall revert to the Department of Financial Services Banking
13 and Finance Tobacco Settlement Clearing Trust Fund.
14 Section 78. Section 20.425, Florida Statutes, is
15 amended to read:
16 20.425 Agency for Health Care Administration Tobacco
17 Settlement Trust Fund.--
18 (1) The Agency for Health Care Administration Tobacco
19 Settlement Trust Fund is created within the agency. Funds to
20 be credited to the trust fund shall consist of funds
21 disbursed, by nonoperating transfer, from the Department of
22 Financial Services Banking and Finance Tobacco Settlement
23 Clearing Trust Fund in amounts equal to the annual
24 appropriations made from this trust fund.
25 (2) Notwithstanding the provisions of s. 216.301 and
26 pursuant to s. 216.351, any unencumbered balance in the trust
27 fund at the end of any fiscal year and any encumbered balance
28 remaining undisbursed on December 31 of the same calendar year
29 shall revert to the Department of Financial Services Banking
30 and Finance Tobacco Settlement Clearing Trust Fund.
31
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1 Section 79. Paragraph (g) of subsection (1) of section
2 20.435, Florida Statutes, is amended to read:
3 20.435 Department of Health; trust funds.--
4 (1) The following trust funds are hereby created, to
5 be administered by the Department of Health:
6 (g) Department of Health Tobacco Settlement Trust
7 Fund.
8 1. Funds to be credited to the trust fund shall
9 consist of funds disbursed, by nonoperating transfer, from the
10 Department of Financial Services Banking and Finance Tobacco
11 Settlement Clearing Trust Fund in amounts equal to the annual
12 appropriations made from this trust fund.
13 2. Notwithstanding the provisions of s. 216.301 and
14 pursuant to s. 216.351, any unencumbered balance in the trust
15 fund at the end of any fiscal year and any encumbered balance
16 remaining undisbursed on December 31 of the same calendar year
17 shall revert to the Department of Financial Services Banking
18 and Finance Tobacco Settlement Clearing Trust Fund.
19 Section 80. Subsection (4) of section 24.105, Florida
20 Statutes, is amended to read:
21 24.105 Powers and duties of department.--The
22 department shall:
23 (4) Submit monthly and annual reports to the Governor,
24 the Chief Financial Officer Treasurer, the President of the
25 Senate, and the Speaker of the House of Representatives
26 disclosing the total lottery revenues, prize disbursements,
27 and other expenses of the department during the preceding
28 month. The annual report shall additionally describe the
29 organizational structure of the department, including its
30 hierarchical structure, and shall identify the divisions and
31
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1 bureaus created by the secretary and summarize the
2 departmental functions performed by each.
3 Section 81. Subsection (5) of section 24.111, Florida
4 Statutes, is amended to read:
5 24.111 Vendors; disclosure and contract
6 requirements.--
7 (5) Each vendor in a major procurement in excess of
8 $25,000, and any other vendor if the department deems it
9 necessary to protect the state's financial interest, shall, at
10 the time of executing the contract with the department, post
11 an appropriate bond with the department in an amount
12 determined by the department to be adequate to protect the
13 state's interests, but not higher than the full amount
14 estimated to be paid annually to the vendor under the
15 contract. In lieu of the bond, a vendor may, to assure the
16 faithful performance of its obligations, file with the
17 department an irrevocable letter of credit acceptable to the
18 department in an amount determined by the department to be
19 adequate to protect the state's interests or deposit and
20 maintain with the Chief Financial Officer Treasurer securities
21 that are interest bearing or accruing and that, with the
22 exception of those specified in paragraphs (a) and (b), are
23 rated in one of the four highest classifications by an
24 established nationally recognized investment rating service.
25 Securities eligible under this subsection shall be limited to:
26 (a) Certificates of deposit issued by solvent banks or
27 savings associations organized and existing under the laws of
28 this state or under the laws of the United States and having
29 their principal place of business in this state.
30
31
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1 (b) United States bonds, notes, and bills for which
2 the full faith and credit of the government of the United
3 States is pledged for the payment of principal and interest.
4 (c) General obligation bonds and notes of any
5 political subdivision of the state.
6 (d) Corporate bonds of any corporation that is not an
7 affiliate or subsidiary of the depositor.
8
9 Such securities shall be held in trust and shall have at all
10 times a market value at least equal to an amount determined by
11 the department to be adequate to protect the state's
12 interests, which amount shall not be set higher than the full
13 amount estimated to be paid annually to the vendor under
14 contract.
15 Section 82. Paragraph (b) of subsection (9) of section
16 24.112, Florida Statutes, is amended to read:
17 24.112 Retailers of lottery tickets.--
18 (9)
19 (b) In lieu of such bond, the department may purchase
20 blanket bonds covering all or selected retailers or may allow
21 a retailer to deposit and maintain with the Chief Financial
22 Officer Treasurer securities that are interest bearing or
23 accruing and that, with the exception of those specified in
24 subparagraphs 1. and 2., are rated in one of the four highest
25 classifications by an established nationally recognized
26 investment rating service. Securities eligible under this
27 paragraph shall be limited to:
28 1. Certificates of deposit issued by solvent banks or
29 savings associations organized and existing under the laws of
30 this state or under the laws of the United States and having
31 their principal place of business in this state.
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1 2. United States bonds, notes, and bills for which the
2 full faith and credit of the government of the United States
3 is pledged for the payment of principal and interest.
4 3. General obligation bonds and notes of any political
5 subdivision of the state.
6 4. Corporate bonds of any corporation that is not an
7 affiliate or subsidiary of the depositor.
8
9 Such securities shall be held in trust and shall have at all
10 times a market value at least equal to an amount required by
11 the department.
12 Section 83. Subsections (3) and (4) of section 24.120,
13 Florida Statutes, are amended to read:
14 24.120 Financial matters; Administrative Trust Fund;
15 interagency cooperation.--
16 (3) Any action required by law to be taken by the
17 Chief Financial Officer State Treasurer or the Comptroller
18 shall be taken within 2 business days after the department's
19 request therefor. If the request for such action is not
20 approved or rejected within such period, the request shall be
21 deemed to be approved. The department shall reimburse the
22 Chief Financial Officer State Treasurer or the Comptroller for
23 any additional costs involved in providing the level of
24 service required by this subsection.
25 (4) The department shall cooperate with the Chief
26 Financial Officer State Treasurer, the Comptroller, the
27 Auditor General, and the Office of Program Policy Analysis and
28 Government Accountability by giving employees designated by
29 any of them access to facilities of the department for the
30 purpose of efficient compliance with their respective
31 responsibilities.
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1 Section 84. Subsection (5) of section 25.241, Florida
2 Statutes, is amended to read:
3 25.241 Clerk of Supreme Court; compensation;
4 assistants; filing fees, etc.--
5 (5) The Clerk of the Supreme Court is hereby required
6 to prepare a statement of all fees collected in duplicate each
7 month and remit one copy of such said statement, together with
8 all fees collected by him or her, to the Chief Financial
9 Officer State Treasurer, who shall place the same to the
10 credit of the General Revenue Fund.
11 Section 85. Section 26.39, Florida Statutes, is
12 amended to read:
13 26.39 Penalty for nonattendance of judge.--Whenever
14 such default shall occur, the clerk of the court (unless such
15 judge shall file his or her reasons for such default as
16 hereinbefore provided) shall certify the fact, under his or
17 her official signature and seal, to the Chief Financial
18 Officer Comptroller of the state, who shall deduct from the
19 warrants on the Treasurer, thereafter to be issued in favor of
20 the judge making such default, the sum of $100 as aforesaid
21 for every such default.
22 Section 86. Section 27.08, Florida Statutes, is
23 amended to read:
24 27.08 State claims; surrender of papers to
25 successor.--Upon the qualification of the successor of any
26 state attorney, the state attorney going out of office shall
27 deliver to his or her successor a statement of all cases for
28 the collection of money in favor of the state under his or her
29 control and the papers connected with the same, and take his
30 or her receipt for the same, which receipt, when filed with
31 the Department of Financial Services Banking and Finance,
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1 shall release such state attorney from any further liability
2 to the state upon the claims receipted for; and the state
3 attorney receiving the claims shall be liable in all respects
4 for the same, as provided against state attorneys in s. 17.20.
5 Section 87. Section 27.10, Florida Statutes, is
6 amended to read:
7 27.10 Obligation as to claims; how discharged.--The
8 charges mentioned in s. 17.20 shall be evidence of
9 indebtedness on the part of any state attorney against whom
10 any charge is made for the full amount of such claim to the
11 state until the same shall be collected and paid into the
12 treasury or sued to insolvency, which fact of insolvency shall
13 be certified by the circuit judge of his or her circuit,
14 unless the said state attorney makes shall make it fully
15 appear to the Department of Financial Services Banking and
16 Finance that the failure to collect the same did not result
17 from his or her neglect.
18 Section 88. Section 27.11, Florida Statutes, is
19 amended to read:
20 27.11 Report upon claims committed to state
21 attorney.--The state attorney shall make a report to the Chief
22 Financial Officer Comptroller on the first Monday in January
23 and July in each and every year of the condition of all claims
24 placed in his or her hands or which the state attorney may
25 have been required to prosecute and collect, whether the same
26 is in suit or in judgment, or collected, and the probable
27 solvency or insolvency of claims not collected, and shall at
28 the same time pay over all moneys which he or she may have
29 collected belonging to the state; and the Chief Financial
30 Officer Comptroller shall not audit or allow any claim which
31
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1 any state attorney may have against the state for services
2 until he or she makes the report herein required.
3 Section 89. Subsection (1) of section 27.12, Florida
4 Statutes, is amended to read:
5 27.12 Power to compromise.--
6 (1) The state attorney may, with the approval of the
7 Department of Financial Services Banking and Finance,
8 compromise and settle all judgments, claims, and demands in
9 favor of the state in his or her circuit against defaulting
10 collectors of revenue, sheriffs and other officers, and the
11 sureties on their bonds, on such terms as the state attorney
12 may deem equitable and proper.
13 Section 90. Section 27.13, Florida Statutes, is
14 amended to read:
15 27.13 Completion of compromise.--The state attorney
16 shall, on agreeing to any compromise or settlement, report the
17 same to the Department of Financial Services Banking and
18 Finance for its approval; and, on its approving such
19 compromise or settlement, the said state attorney, on a
20 compliance with the terms of such compromise or settlement
21 shall give a receipt to the collector of revenue, sheriff or
22 other officer, or the sureties on their bonds, or to the legal
23 representatives, which receipt shall be a discharge from all
24 judgments, claims or demands of the state against such
25 collector of revenue or other officer, or the sureties on
26 their bonds.
27 Section 91. Subsection (4) of section 27.34, Florida
28 Statutes, is amended to read:
29 27.34 Salaries and other related costs of state
30 attorneys' offices; limitations.--
31
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1 (4) Notwithstanding s. 27.25, the Chief Financial
2 Officer Insurance Commissioner may contract with the state
3 attorney of any judicial circuit of the state for the
4 prosecution of criminal violations of the Workers'
5 Compensation Law and related crimes and may contribute funds
6 for such purposes. Such contracts may provide for the
7 training, salary, and expenses of one or more assistant state
8 attorneys used in the prosecution of such crimes.
9 Section 92. Section 27.3455, Florida Statutes, is
10 amended to read:
11 27.3455 Annual statement of certain revenues and
12 expenditures.--
13 (1) Each county shall submit annually to the Chief
14 Financial Officer Comptroller a statement of revenues and
15 expenditures as set forth in this section in the form and
16 manner prescribed by the Chief Financial Officer Comptroller
17 in consultation with the Legislative Committee on
18 Intergovernmental Relations, provided that such statement
19 identify total county expenditures on:
20 (a) Medical examiner services.
21 (b) County victim witness programs.
22 (c) Each of the services outlined in ss. 27.34(2) and
23 27.54(3).
24 (d) Appellate filing fees in criminal cases in which
25 an indigent defendant appeals a judgment of a county or
26 circuit court to a district court of appeal or the Florida
27 Supreme Court.
28 (e) Other court-related costs of the state attorney
29 and public defender that were paid by the county where such
30 costs were included in a judgment or order rendered by the
31 trial court against the county.
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1
2 Such statement also shall identify the revenues provided by s.
3 938.05(1) that were used to meet or reimburse the county for
4 such expenditures.
5 (2)(a) Within 6 months of the close of the local
6 government fiscal year, each county shall submit to the Chief
7 Financial Officer Comptroller a statement of compliance from
8 its independent certified public accountant, engaged pursuant
9 to s. 218.39, that the certified statement of expenditures was
10 in accordance with ss. 27.34(2), 27.54(3), and this section.
11 All discrepancies noted by the independent certified public
12 accountant shall be included in the statement furnished by the
13 county to the Chief Financial Officer Comptroller.
14 (b) If Should the Chief Financial Officer determines
15 Comptroller determine that additional auditing procedures are
16 appropriate because:
17 1. The county failed to submit timely its annual
18 statement;
19 2. Discrepancies were noted by the independent
20 certified public accountant; or
21 3. The county failed to file before March 31 of each
22 year the certified public accountant statement of compliance,
23 the Chief Financial Officer may Comptroller is hereby
24 authorized to send his or her personnel or to contract for
25 services to bring the county into compliance. The costs
26 incurred by the Chief Financial Officer Comptroller shall be
27 paid promptly by the county upon certification by the Chief
28 Financial Officer Comptroller.
29 (c) Where the Chief Financial Officer Comptroller
30 elects to utilize the services of an independent contractor,
31 such certification by the Chief Financial Officer Comptroller
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1 may require the county to make direct payment to a contractor.
2 Any funds owed by a county in such matters shall be recovered
3 pursuant to s. 17.04 or s. 17.041.
4 (3) The priority for the allocation of funds collected
5 pursuant to s. 938.05(1) shall be as follows:
6 (a) Reimbursement to the county for actual county
7 expenditures incurred in providing the state attorney and
8 public defender the services outlined in ss. 27.34(2) and
9 27.54(3), with the exception of office space, utilities, and
10 custodial services.
11 (b) At the close of the local government fiscal year,
12 funds remaining on deposit in the special trust fund of the
13 county after reimbursements have been made pursuant to
14 paragraph (a) shall be reimbursed to the county for actual
15 county expenditures made in support of the operations and
16 services of medical examiners, including the costs associated
17 with the investigation of state prison inmate deaths. Special
18 county trust fund revenues used to reimburse the county for
19 medical examiner expenditures in any year shall not exceed $1
20 per county resident.
21 (c) At the close of the local government fiscal year,
22 counties establishing or having in existence a comprehensive
23 victim-witness program which meets the standards set by the
24 Crime Victims' Services Office shall be eligible to receive 50
25 percent matching moneys from the balance remaining in the
26 special trust fund after reimbursements have been made
27 pursuant to paragraphs (a) and (b). Special trust fund moneys
28 used in any year to supplement such programs shall not exceed
29 25 cents per county resident.
30 (d) At the close of the local government fiscal year,
31 funds remaining in the special trust fund after reimbursements
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1 have been made pursuant to paragraphs (a), (b), and (c) shall
2 be used to reimburse the county for county costs incurred in
3 the provision of office space, utilities, and custodial
4 services to the state attorney and public defender, for county
5 expenditures on appellate filing fees in criminal cases in
6 which an indigent defendant appeals a judgment of a county or
7 circuit court to a district court of appeal or the Florida
8 Supreme Court, and for county expenditures on court-related
9 costs of the state attorney and public defender that were paid
10 by the county, provided that such court-related costs were
11 included in a judgment or order rendered by the trial court
12 against the county. Where a state attorney or a public
13 defender is provided space in a county-owned facility,
14 responsibility for calculating county costs associated with
15 the provision of such office space, utilities, and custodial
16 services is hereby vested in the Chief Financial Officer
17 Comptroller in consultation with the Legislative Committee on
18 Intergovernmental Relations.
19 (4) At the end of the local government fiscal year,
20 all funds remaining on deposit in the special trust fund after
21 all reimbursements have been made as provided for in
22 subsection (3) shall be forwarded to the Chief Financial
23 Officer Treasurer for deposit in the General Revenue Fund of
24 the state.
25 (5) The Chief Financial Officer Comptroller shall
26 adopt any rules necessary to implement his or her
27 responsibilities pursuant to this section.
28 Section 93. Subsection (2) of section 27.703, Florida
29 Statutes, is amended to read:
30 27.703 Conflict of interest and substitute counsel.--
31
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1 (2) Appointed counsel shall be paid from funds
2 appropriated to the Chief Financial Officer Comptroller. The
3 hourly rate may not exceed $100. However, effective July 1,
4 1999, all appointments of private counsel under this section
5 shall be in accordance with ss. 27.710 and 27.711.
6 Section 94. Subsection (4) of section 27.710, Florida
7 Statutes, is amended to read:
8 27.710 Registry of attorneys applying to represent
9 persons in postconviction capital collateral proceedings;
10 certification of minimum requirements; appointment by trial
11 court.--
12 (4) Each private attorney who is appointed by the
13 court to represent a capital defendant must enter into a
14 contract with the Chief Financial Officer Comptroller. If the
15 appointed attorney fails to execute the contract within 30
16 days after the date the contract is mailed to the attorney,
17 the executive director of the Commission on Capital Cases
18 shall notify the trial court. The Chief Financial Officer
19 Comptroller shall develop the form of the contract, function
20 as contract manager, and enforce performance of the terms and
21 conditions of the contract. By signing such contract, the
22 attorney certifies that he or she intends to continue the
23 representation under the terms and conditions set forth in the
24 contract until the sentence is reversed, reduced, or carried
25 out or until released by order of the trial court.
26 Section 95. Subsections (3), (4), (5), (6), (7), and
27 (13) of section 27.711, Florida Statutes, are amended to read:
28 27.711 Terms and conditions of appointment of
29 attorneys as counsel in postconviction capital collateral
30 proceedings.--
31
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1 (3) An attorney appointed to represent a capital
2 defendant is entitled to payment of the fees set forth in this
3 section only upon full performance by the attorney of the
4 duties specified in this section and approval of payment by
5 the trial court, and the submission of a payment request by
6 the attorney, subject to the availability of sufficient
7 funding specifically appropriated for this purpose. The Chief
8 Financial Officer Comptroller shall notify the executive
9 director and the court if it appears that sufficient funding
10 has not been specifically appropriated for this purpose to pay
11 any fees which may be incurred. The attorney shall maintain
12 appropriate documentation, including a current and detailed
13 hourly accounting of time spent representing the capital
14 defendant. The fee and payment schedule in this section is the
15 exclusive means of compensating a court-appointed attorney who
16 represents a capital defendant. When appropriate, a
17 court-appointed attorney must seek further compensation from
18 the Federal Government, as provided in 18 U.S.C. s. 3006A or
19 other federal law, in habeas corpus litigation in the federal
20 courts.
21 (4) Upon approval by the trial court, an attorney
22 appointed to represent a capital defendant under s. 27.710 is
23 entitled to payment of the following fees by the Chief
24 Financial Officer Comptroller:
25 (a) Regardless of the stage of postconviction capital
26 collateral proceedings, the attorney is entitled to $100 per
27 hour, up to a maximum of $2,500, after accepting appointment
28 and filing a notice of appearance.
29 (b) The attorney is entitled to $100 per hour, up to a
30 maximum of $20,000, after timely filing in the trial court the
31 capital defendant's complete original motion for
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1 postconviction relief under the Florida Rules of Criminal
2 Procedure. The motion must raise all issues to be addressed by
3 the trial court. However, an attorney is entitled to fees
4 under this paragraph if the court schedules a hearing on a
5 matter that makes the filing of the original motion for
6 postconviction relief unnecessary or if the court otherwise
7 disposes of the case.
8 (c) The attorney is entitled to $100 per hour, up to a
9 maximum of $20,000, after the trial court issues a final order
10 granting or denying the capital defendant's motion for
11 postconviction relief.
12 (d) The attorney is entitled to $100 per hour, up to a
13 maximum of $20,000, after timely filing in the Supreme Court
14 the capital defendant's brief or briefs that address the trial
15 court's final order granting or denying the capital
16 defendant's motion for postconviction relief and the state
17 petition for writ of habeas corpus.
18 (e) The attorney is entitled to $100 per hour, up to a
19 maximum of $10,000, after the trial court issues an order,
20 pursuant to a remand from the Supreme Court, which directs the
21 trial court to hold further proceedings on the capital
22 defendant's motion for postconviction relief.
23 (f) The attorney is entitled to $100 per hour, up to a
24 maximum of $4,000, after the appeal of the trial court's
25 denial of the capital defendant's motion for postconviction
26 relief and the capital defendant's state petition for writ of
27 habeas corpus become final in the Supreme Court.
28 (g) At the conclusion of the capital defendant's
29 postconviction capital collateral proceedings in state court,
30 the attorney is entitled to $100 per hour, up to a maximum of
31
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1 $2,500, after filing a petition for writ of certiorari in the
2 Supreme Court of the United States.
3 (h) If, at any time, the Supreme Court of the United
4 States accepts for review the capital defendant's collateral
5 challenge of the conviction and sentence of death, the
6 attorney is entitled to $100 per hour, up to a maximum of
7 $5,000. This payment shall be full compensation for
8 representing the capital defendant throughout the certiorari
9 proceedings before the United States Supreme Court.
10
11 The hours billed by a contracting attorney under this
12 subsection may include time devoted to representation of the
13 defendant by another attorney who is qualified under s. 27.710
14 and who has been designated by the contracting attorney to
15 assist him or her.
16 (5) An attorney who represents a capital defendant may
17 use the services of one or more investigators to assist in
18 representing a capital defendant. Upon approval by the trial
19 court, the attorney is entitled to payment from the Chief
20 Financial Officer Comptroller of $40 per hour, up to a maximum
21 of $15,000, for the purpose of paying for investigative
22 services.
23 (6) An attorney who represents a capital defendant is
24 entitled to a maximum of $15,000 for miscellaneous expenses,
25 such as the costs of preparing transcripts, compensating
26 expert witnesses, and copying documents. Upon approval by the
27 trial court, the attorney is entitled to payment by the Chief
28 Financial Officer Comptroller of up to $15,000 for
29 miscellaneous expenses, except that, if the trial court finds
30 that extraordinary circumstances exist, the attorney is
31 entitled to payment in excess of $15,000.
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1 (7) An attorney who is actively representing a capital
2 defendant is entitled to a maximum of $500 per fiscal year for
3 tuition and expenses for continuing legal education that
4 pertains to the representation of capital defendants. Upon
5 approval by the trial court, the attorney is entitled to
6 payment by the Chief Financial Officer Comptroller for
7 expenses for such tuition and continuing legal education.
8 (13) Prior to the filing of a motion for order
9 approving payment of attorney's fees, costs, or related
10 expenses, the assigned counsel shall deliver a copy of his
11 intended billing, together with supporting affidavits and all
12 other necessary documentation, to the Chief Financial
13 Officer's Comptroller's named contract manager. The contract
14 manager shall have 10 business days from receipt to review the
15 billings, affidavit, and documentation for completeness and
16 compliance with contractual and statutory requirements. If the
17 contract manager objects to any portion of the proposed
18 billing, the objection and reasons therefor shall be
19 communicated to the assigned counsel. The assigned counsel may
20 thereafter file his or her motion for order approving payment
21 of attorney's fees, costs, or related expenses together with
22 supporting affidavits and all other necessary documentation.
23 The motion must specify whether the Chief Financial Officer's
24 Comptroller's contract manager objects to any portion of the
25 billing or the sufficiency of documentation and, if so, the
26 reason therefor. A copy of the motion and attachments shall be
27 served on the Chief Financial Officer's Comptroller's contract
28 manager, who shall have standing to file pleadings and appear
29 before the court to contest any motion for order approving
30 payment. The fact that the Chief Financial Officer's
31 Comptroller's contract manager has not objected to any portion
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1 of the billing or to the sufficiency of the documentation is
2 not binding on the court, which retains primary authority and
3 responsibility for determining the reasonableness of all
4 billings for fees, costs, and related expenses, subject to
5 statutory limitations.
6 Section 96. Section 28.235, Florida Statutes, is
7 amended to read:
8 28.235 Advance payments by clerk of circuit
9 court.--The clerk of the circuit court is authorized to make
10 advance payments on behalf of the county for goods and
11 services, including, but not limited to, maintenance
12 agreements and subscriptions, pursuant to rules or procedures
13 adopted by the Chief Financial Officer Comptroller for advance
14 payments of invoices submitted to agencies of the state.
15 Section 97. Subsections (7) and (23) of section 28.24,
16 Florida Statutes, are amended to read:
17 28.24 Service charges by clerk of the circuit
18 court.--The clerk of the circuit court shall make the
19 following charges for services rendered by the clerk's office
20 in recording documents and instruments and in performing the
21 duties enumerated. However, in those counties where the
22 clerk's office operates as a fiscal unit of the county
23 pursuant to s. 145.022(1), the clerk shall not charge the
24 county for such services.
25
26
27
28
29 Charges
30
31
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1 (7) For making and reporting payrolls of jurors to
2 Chief Financial Officer State Comptroller, per page, per copy
3 ..........................................................5.00
4 (23) For paying of witnesses and making and reporting
5 payroll to Chief Financial Officer State Comptroller, per
6 copy, per page............................................5.00
7 Section 98. Section 30.52, Florida Statutes, is
8 amended to read:
9 30.52 Handling of public funds.--The sheriff shall
10 keep public funds in his or her custody, either in his or her
11 office in an amount not in excess of the burglary, theft, and
12 robbery insurance provided, the cost of which is hereby
13 authorized as an expense of the office, or in a depository in
14 an amount not in excess of the security provided pursuant to
15 s. 658.60 and the regulations of the Department of Financial
16 Services Banking and Finance. The title of the depository
17 accounts shall include the word "sheriff" and the name of the
18 county, and withdrawals from the accounts shall be made by
19 checks signed by the duly qualified and acting sheriff of the
20 county, or his or her designated deputy or agent.
21 Section 99. Section 40.30, Florida Statutes, is
22 amended to read:
23 40.30 Requisition endorsed by State Courts
24 Administrator or designee.--Upon receipt of such estimate and
25 the requisition from the clerk of the court, the State Courts
26 Administrator or designee shall endorse the amount that he or
27 she may deem necessary for the pay of jurors and witnesses
28 during the quarterly fiscal period and shall submit a request
29 for payment to the Chief Financial Officer Comptroller.
30 Section 100. Section 40.31, Florida Statutes, is
31 amended to read:
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1 40.31 State Courts Administrator may apportion
2 appropriation.--If the State Courts Administrator shall have
3 reason to believe that the amount appropriated by the
4 Legislature is insufficient to meet the expenses of jurors and
5 witnesses during the remaining part of the state fiscal year,
6 he or she may apportion the money in the treasury for that
7 purpose among the several counties, basing such apportionment
8 upon the amount expended for the payment of jurors and
9 witnesses in each county during the prior fiscal year. In such
10 case, each county shall be paid by warrant, issued by the
11 Chief Financial Officer Comptroller, only the amount so
12 apportioned to each county, and, when the amount so
13 apportioned is insufficient to pay in full all the jurors and
14 witnesses during a quarterly fiscal period, the clerk of the
15 court shall apportion the money received pro rata among the
16 jurors and witnesses entitled to pay and shall give to each
17 juror or witness a certificate of the amount of compensation
18 still due, which certificate shall be held by the State Courts
19 Administrator as other demands against the state.
20 Section 101. Section 40.33, Florida Statutes, is
21 amended to read:
22 40.33 Deficiency.--If the compensation of jurors and
23 witnesses during a quarterly fiscal period exceeds the amount
24 estimated by the clerk of the court and therefore is
25 insufficient to pay in full the jurors and witnesses, the
26 clerk of the court shall make a further requisition upon the
27 State Courts Administrator for the amount necessary to pay
28 such default, and the amount required shall be transmitted to
29 the clerk of the court by warrant issued by the Chief
30 Financial Officer Comptroller in the same manner as the
31 original requisition or order.
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1 Section 102. Subsection (2) of section 40.34, Florida
2 Statutes, is amended to read:
3 40.34 Clerks to make triplicate payroll.--
4 (2) The form of such payroll shall be prescribed by
5 the Chief Financial Officer Comptroller.
6 Section 103. Section 40.35, Florida Statutes, is
7 amended to read:
8 40.35 Accounting and payment to the State Courts
9 Administrator.--
10 (1) The clerk of the court shall, within 2 weeks after
11 the last day of the quarterly fiscal period, render to the
12 State Courts Administrator a full statement of accounts for
13 moneys received and disbursed under the provisions of this
14 chapter and refund to the State Courts Administrator any
15 balance in the clerk's hands. If upon audit the State Courts
16 Administrator shall determine a balance due the clerk of the
17 court, the State Courts Administrator shall submit a request
18 for payment to the Chief Financial Officer Comptroller.
19 (2) If a clerk of the court fails to account for and
20 pay over promptly the balance of all moneys paid him or her,
21 the sureties, if any, on a clerk's official bond are liable
22 and responsible for same; and the State Courts Administrator
23 shall report to the Governor and the Chief Financial Officer
24 Comptroller any failure on the part of the clerk of the court
25 to report and faithfully account for any such moneys.
26 Section 104. Paragraph (b) of subsection (5) of
27 section 43.16, Florida Statutes, is amended to read:
28 43.16 Justice Administrative Commission; membership,
29 powers and duties.--
30 (5) The duties of the commission shall include, but
31 not be limited to, the following:
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1 (b) Each state attorney and public defender and the
2 Judicial Qualifications Commission shall continue to prepare
3 necessary budgets, vouchers which represent valid claims for
4 reimbursement by the state for authorized expenses, and other
5 things incidental to the proper administrative operation of
6 the office, such as revenue transmittals to the Chief
7 Financial Officer treasurer, automated systems plans, etc.,
8 but will forward same to the commission for recording and
9 submission to the proper state officer. However, when
10 requested by a state attorney or a public defender or the
11 Judicial Qualifications Commission, the commission will either
12 assist in the preparation of budget requests, voucher
13 schedules, and other forms and reports or accomplish the
14 entire project involved.
15 Section 105. Subsections (1), (3), and (4) of section
16 43.19, Florida Statutes, are amended to read:
17 43.19 Money paid into court; unclaimed funds.--
18 (1) In every case in which the right to withdraw money
19 deposited as hereinbefore provided has been adjudicated or is
20 not in dispute and the money has remained so deposited for 5
21 years or more unclaimed by the person, firm, or corporation
22 entitled thereto, on or before December 1 of each year the
23 judge, or one of the judges, of the court shall direct that
24 the money be deposited with the Chief Financial Officer
25 Treasurer to the credit of the State School Fund, to become a
26 part of that fund, subject to the right of the person, firm,
27 or corporation entitled thereto to receive the money as
28 provided in subsection (3).
29 (3) Any person, firm or corporation entitled to any of
30 the money may obtain an order directing the payment of the
31 money to the claimant on written petition to the court from
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1 which the money was deposited or its successor, and written
2 notice to the state attorney of the circuit wherein the court
3 is situate, whether or not the court is a circuit court, and
4 proof of right thereto, and the money deposited shall
5 constitute and be a permanent appropriation for payments by
6 the Chief Financial Officer Treasurer of the state in
7 obedience of such orders.
8 (4) All interest and income that accrue from the money
9 while on deposit with the Chief Financial Officer Treasurer to
10 the credit of the State School Fund belong to that fund.
11 Section 106. Subsections (3) and (4) of section
12 48.151, Florida Statutes, are amended to read:
13 48.151 Service on statutory agents for certain
14 persons.--
15 (3) The Chief Financial Officer Insurance Commissioner
16 and Treasurer or his or her assistant or deputy or another
17 person in charge of the office is the agent for service of
18 process on all insurers applying for authority to transact
19 insurance in this state, all licensed nonresident insurance
20 agents, all nonresident disability insurance agents licensed
21 by the Department of Financial Services Insurance pursuant to
22 s. 626.835, any unauthorized insurer under s. 626.906 or s.
23 626.937, domestic reciprocal insurers, fraternal benefit
24 societies under chapter 632, automobile inspection and
25 warranty associations, ambulance service associations, and
26 persons required to file statements under s. 628.461.
27 (4) The Chief Financial Officer Comptroller is the
28 agent for service of process for any issuer as defined in s.
29 517.021, or any dealer, investment adviser, or associated
30 person registered with the Department of Financial Services
31
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1 Banking and Finance, for any violation of any provision of
2 chapter 517.
3 Section 107. Subsection (1) of section 55.03, Florida
4 Statutes, is amended to read:
5 55.03 Judgments; rate of interest, generally.--
6 (1) On December 1 of each year beginning December 1,
7 1994, the Chief Financial Officer Comptroller of the State of
8 Florida shall set the rate of interest that shall be payable
9 on judgments or decrees for the year beginning January 1 by
10 averaging the discount rate of the Federal Reserve Bank of New
11 York for the preceding year, then adding 500 basis points to
12 the averaged federal discount rate. The Chief Financial
13 Officer Comptroller shall inform the clerk of the courts and
14 chief judge for each judicial circuit of the rate that has
15 been established for the upcoming year. The initial interest
16 rate established by the Comptroller shall take effect on
17 January 1, 1995, and the interest rate established by the
18 Chief Financial Officer Comptroller in subsequent years shall
19 take effect on January 1 of each following year. Judgments
20 obtained on or after January 1, 1995, shall use the previous
21 statutory rate for time periods before January 1, 1995, for
22 which interest is due and shall apply the rate set by the
23 Chief Financial Officer Comptroller for time periods after
24 January 1, 1995, for which interest is due. Nothing contained
25 herein shall affect a rate of interest established by written
26 contract or obligation.
27 Section 108. Section 57.091, Florida Statutes, is
28 amended to read:
29 57.091 Costs; refunded to counties in certain
30 proceedings relating to state prisoners.--All lawful fees,
31 costs, and expenses hereafter adjudged against, and paid by,
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1 any county in all competency proceedings and all criminal
2 prosecutions against state prisoners imprisoned in a state
3 correctional institution, and in all habeas corpus cases
4 brought to test the legality of the imprisonment of state
5 prisoners of such correctional institutions, shall be refunded
6 to the county paying the sum from the General Revenue Fund in
7 the State Treasury in the manner and to the extent herein
8 provided, to wit: between the 1st and 15th of the month next
9 succeeding the month in which the fees, costs, and expenses
10 have been allowed and paid by the county, the clerk of the
11 court shall make requisition on the Department of Corrections
12 for the fees, costs, and expenses so allowed and paid during
13 the preceding month, giving the style of the cases in which
14 fees, costs, and expenses were incurred and the amount and
15 items of cost in each case; providing a certified copy of the
16 judgment adjudging the fees, costs, and expenses against the
17 county and showing that the amount represented thereby has
18 been approved by the presiding judge, paid by the county, and
19 verified by the clerk; and attaching a certified copy of the
20 bill as approved and allowed by the board of county
21 commissioners of the county. If the Department of Corrections
22 finds the bills legal and adjudged against and paid by the
23 county, the department shall submit a request to the Chief
24 Financial Officer Comptroller to draw a warrant in the amount
25 thereof, or in the amount the department finds legal and
26 adjudged against and paid by the county, in favor of the
27 county paying the fees, costs, and expenses, which shall be
28 paid by the Chief Financial Officer State Treasurer from the
29 general revenue funds of the state.
30 Section 109. Subsections (1), (3), and (4) of section
31 68.083, Florida Statutes, are amended to read:
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1 68.083 Civil actions for false claims.--
2 (1) The department may diligently investigate a
3 violation under s. 68.082. If the department finds that a
4 person has violated or is violating s. 68.082, the department
5 may bring a civil action under the Florida False Claims Act
6 against the person. The Department of Financial Services
7 Banking and Finance may bring a civil action under this
8 section if the action arises from an investigation by that
9 department and the Department of Legal Affairs has not filed
10 an action under this act.
11 (3) The complaint shall be identified on its face as a
12 qui tam action and shall be filed in the circuit court of the
13 Second Judicial Circuit, in and for Leon County. Immediately
14 upon the filing of the complaint, a copy of the complaint and
15 written disclosure of substantially all material evidence and
16 information the person possesses shall be served on the
17 Attorney General, as head of the department, and on the Chief
18 Financial Officer Comptroller, as head of the Department of
19 Financial Services Banking and Finance, by registered mail,
20 return receipt requested. The department, or the Department of
21 Financial Services Banking and Finance under the circumstances
22 specified in subsection (4), may elect to intervene and
23 proceed with the action, on behalf of the state, within 90
24 days after it receives both the complaint and the material
25 evidence and information.
26 (4) If a person brings an action under subsection (2)
27 and the action is based upon the facts underlying a pending
28 investigation by the Department of Financial Services Banking
29 and Finance, the Department of Financial Services Banking and
30 Finance, instead of the department, may take over the action
31 on behalf of the state. In order to take over the action, the
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1 Department of Financial Services Banking and Finance must give
2 the department written notification within 20 days after the
3 action is filed that the Department of Financial Services
4 Banking and Finance is conducting an investigation of the
5 facts of the action and that the Department of Financial
6 Services Banking and Finance, instead of the department, will
7 take over the action filed under subsection (2). If the
8 Department of Financial Services Banking and Finance takes
9 over the action under this subsection, the word "department"
10 as used in this act means the Department of Financial Services
11 Banking and Finance, and that department, for purposes of that
12 action, shall have all rights and standing granted the
13 department under this act.
14 Section 110. Subsections (3) and (6) of section
15 68.084, Florida Statutes, are amended to read:
16 68.084 Rights of the parties in civil actions.--
17 (3) If the department elects not to proceed with the
18 action, the person who initiated the action has the right to
19 conduct the action. If the Attorney General, as head of the
20 department, or the Chief Financial Officer Comptroller, as
21 head of the Department of Financial Services Banking and
22 Finance, so requests, it shall be served, at the requesting
23 department's expense, with copies of all pleadings and motions
24 filed in the action and copies of all deposition transcripts.
25 When a person proceeds with the action, the court, without
26 limiting the rights of the person initiating the action, may
27 nevertheless permit the department to intervene and take over
28 the action on behalf of the state at a later date upon showing
29 of good cause.
30
31
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1 (6) The Department of Financial Services Banking and
2 Finance, or the department, may intervene on its own behalf as
3 a matter of right.
4 Section 111. Subsection (3) of section 68.087, Florida
5 Statutes, is amended to read:
6 68.087 Exemptions to civil actions.--
7 (3) No court shall have jurisdiction over an action
8 brought under this act based upon the public disclosure of
9 allegations or transactions in a criminal, civil, or
10 administrative hearing; in a legislative, administrative,
11 inspector general, or Auditor General, Chief Financial Officer
12 Comptroller, or Department of Financial Services Banking and
13 Finance report, hearing, audit, or investigation; or from the
14 news media, unless the action is brought by the department, or
15 unless the person bringing the action is an original source of
16 the information. For purposes of this subsection, the term
17 "original source" means an individual who has direct and
18 independent knowledge of the information on which the
19 allegations are based and has voluntarily provided the
20 information to the department before filing an action under
21 this act based on the information.
22 Section 112. Section 68.092, Florida Statutes, is
23 amended to read:
24 68.092 Deposit of recovered moneys.--All moneys
25 recovered by the Chief Financial Officer Comptroller, as head
26 of the Department of Financial Services Banking and Finance,
27 under s. 68.086(1) in any civil action for violation of the
28 Florida False Claims Act shall be deposited in the
29 Administrative Trust Fund of the Department of Financial
30 Services Banking and Finance.
31
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1 Section 113. Section 77.0305, Florida Statutes, is
2 amended to read:
3 77.0305 Continuing writ of garnishment against salary
4 or wages.--Notwithstanding any other provision of this
5 chapter, if salary or wages are to be garnished to satisfy a
6 judgment, the court shall issue a continuing writ of
7 garnishment to the judgment debtor's employer which provides
8 for the periodic payment of a portion of the salary or wages
9 of the judgment debtor as the salary or wages become due until
10 the judgment is satisfied or until otherwise provided by court
11 order. A debtor's status as an employee of the state or its
12 agencies or political subdivisions does not preclude a
13 judgment creditor's right to garnish the debtor's wages. For
14 the purposes of this section, the state includes the judicial
15 branch and the legislative branch as defined in s. 216.011.
16 The state, for itself and for its agencies and subdivisions,
17 waives sovereign immunity for the express and limited purpose
18 necessary to carry out this section. The court shall allow
19 the judgment debtor's employer to collect up to $5 against the
20 salary or wages of the judgment debtor to reimburse the
21 employer for administrative costs for the first deduction from
22 the judgment debtor's salary or wages and up to $2 for each
23 deduction thereafter. The funds collected by the state under
24 this section must be deposited in the Department of Financial
25 Services Banking and Finance Administrative Trust Fund for
26 purposes of carrying out this section.
27 Section 114. Section 92.39, Florida Statutes, is
28 amended to read:
29 92.39 Evidence of individual's claim against the state
30 in suits between them.--In suits between the state and
31 individuals, no claim for a credit shall be allowed upon
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1 trial, but such as shall appear to have been presented to the
2 Chief Financial Officer Comptroller for his or her the
3 Comptroller's examination, and by him or her disallowed in
4 whole or in part, unless it shall be proved to the
5 satisfaction of the court that the defendant is, at the time
6 of the trial, in possession of vouchers not before in the
7 defendant's power to procure, and that the defendant was
8 prevented from exhibiting a claim for such credit at the Chief
9 Financial Officer's Comptroller's office by unavoidable
10 accident.
11 Section 115. Subsection (4) of section 99.097, Florida
12 Statutes, is amended to read:
13 99.097 Verification of signatures on petitions.--
14 (4) The supervisor shall be paid in advance the sum of
15 10 cents for each signature checked or the actual cost of
16 checking such signature, whichever is less, by the candidate
17 or, in the case of a petition to have an issue placed on the
18 ballot, by the person or organization submitting the petition.
19 However, if a candidate, person, or organization seeking to
20 have an issue placed upon the ballot cannot pay such charges
21 without imposing an undue burden on personal resources or upon
22 the resources otherwise available to such candidate, person,
23 or organization, such candidate, person, or organization
24 shall, upon written certification of such inability given
25 under oath to the supervisor, be entitled to have the
26 signatures verified at no charge. In the event a candidate,
27 person, or organization submitting a petition to have an issue
28 placed upon the ballot is entitled to have the signatures
29 verified at no charge, the supervisor of elections of each
30 county in which the signatures are verified at no charge shall
31 submit the total number of such signatures checked in the
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1 county to the Chief Financial Officer Comptroller no later
2 than December 1 of the general election year, and the Chief
3 Financial Officer Comptroller shall cause such supervisor of
4 elections to be reimbursed from the General Revenue Fund in an
5 amount equal to 10 cents for each name checked or the actual
6 cost of checking such signatures, whichever is less. In no
7 event shall such reimbursement of costs be deemed or applied
8 as extra compensation for the supervisor. Petitions shall be
9 retained by the supervisors for a period of 1 year following
10 the election for which the petitions were circulated.
11 Section 116. Paragraph (a) of subsection (2) of
12 section 101.151, Florida Statutes, is amended to read:
13 101.151 Specifications for ballots.--
14 (2)(a) The ballot shall have headings under which
15 shall appear the names of the offices and names of duly
16 nominated candidates for the respective offices in the
17 following order: the heading "President and Vice President"
18 and thereunder the names of the candidates for President and
19 Vice President of the United States nominated by the political
20 party that received the highest vote for Governor in the last
21 general election of the Governor in this state. Then shall
22 appear the names of other candidates for President and Vice
23 President of the United States who have been properly
24 nominated. Votes cast for write-in candidates for President
25 and Vice President shall be counted as votes cast for the
26 presidential electors supporting such candidates. Then shall
27 follow the heading "Congressional" and thereunder the offices
28 of United States Senator and Representative in Congress; then
29 the heading "State" and thereunder the offices of Governor and
30 Lieutenant Governor, Secretary of State, Attorney General,
31 Chief Financial Officer Comptroller, Treasurer, Commissioner
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1 of Education, Commissioner of Agriculture, state attorney, and
2 public defender, together with the names of the candidates for
3 each office and the title of the office which they seek; then
4 the heading "Legislative" and thereunder the offices of state
5 senator and state representative; then the heading "County"
6 and thereunder clerk of the circuit court, clerk of the county
7 court (when authorized by law), sheriff, property appraiser,
8 tax collector, district superintendent of schools, and
9 supervisor of elections. Thereafter follows: members of the
10 board of county commissioners, and such other county and
11 district offices as are involved in the general election, in
12 the order fixed by the Department of State, followed, in the
13 year of their election, by "Party Offices," and thereunder the
14 offices of state and county party executive committee members.
15 In addition to the names printed on the ballot, a blank space
16 shall be provided under each heading for an office for which a
17 write-in candidate has qualified. With respect to write-in
18 candidates, if two or more candidates are seeking election to
19 one office, only one blank space shall be provided.
20 Section 117. Subsection (6) of section 103.091,
21 Florida Statutes, is amended to read:
22 103.091 Political parties.--
23 (6)(a)1. In addition to the members provided for in
24 subsection (1), each county executive committee shall include
25 all members of the Legislature who are residents of the county
26 and members of their respective political party and who shall
27 be known as at-large committeemen and committeewomen.
28 (b)2. Each state executive committee shall include, as
29 at-large committeemen and committeewomen, all members of the
30 United States Congress representing the State of Florida who
31 are members of the political party, all statewide elected
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1 officials who are members of the party, and the President of
2 the Senate or the Minority Leader in the Senate, and the
3 Speaker of the House of Representatives or the Minority Leader
4 in the House of Representatives, whichever is a member of the
5 political party, and 20 members of the Legislature who are
6 members of the political party. Ten of the legislators shall
7 be appointed with the concurrence of the state chair of the
8 respective party, as follows: five to be appointed by the
9 President of the Senate; five by the Minority Leader in the
10 Senate; five by the Speaker of the House of Representatives;
11 and five by the Minority Leader in the House.
12 (c)3. When a political party allows any member of the
13 state executive committee to have more than one vote per
14 person, other than by proxy, in a matter coming before the
15 state executive committee, the 20 members of the Legislature
16 appointed under paragraph (b) subparagraph 2. shall not be
17 appointed to the state executive committee and the following
18 elected officials who are members of that political party
19 shall be appointed and shall have the following votes:
20 1.a. Governor: a number equal to 15 percent of votes
21 cast by state executive committeemen and committeewomen;
22 2.b. Lieutenant Governor: a number equal to 5 percent
23 of the votes cast by state executive committeemen and
24 committeewomen;
25 3.c. Each member of the United States Senate
26 representing the state: a number equal to 10 percent of the
27 votes cast by state executive committeemen and committeewomen;
28 4.d. Secretary of State: a number equal to 5 percent
29 of the votes cast by state executive committeemen and
30 committeewomen;
31
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1 5.e. Attorney General: a number equal to 5 percent of
2 the votes cast by state executive committeemen and
3 committeewomen;
4 6.f. Comptroller: a number equal to 5 percent of the
5 votes cast by state executive committeemen and committeewomen;
6 7.g. Treasurer: a number equal to 5 percent of the
7 votes cast by state executive committeemen and committeewomen;
8 8.h. Commissioner of Agriculture: a number equal to 5
9 percent of the votes cast by state executive committeemen and
10 committeewomen;
11 9.i. Commissioner of Education: a number equal to 5
12 percent of the votes cast by state executive committeemen and
13 committeewomen;
14 10.j. President of the Senate: a number equal to 10
15 percent of the votes cast by state executive committeemen and
16 committeewomen;
17 11.k. Minority leader of the Senate: a number equal
18 to 10 percent of the votes cast by state executive
19 committeemen and committeewomen;
20 12.l. Speaker of the House of Representatives: a
21 number equal to 10 percent of the votes cast by state
22 executive committeemen and committeewomen;
23 13.m. Minority leader of the House of Representatives:
24 a number equal to 10 percent of the votes cast by state
25 executive committeemen and committeewomen; and
26 14.n. Each member of the United States House of
27 Representatives representing the state: a number equal to 1
28 percent of the votes cast by state executive committeemen and
29 committeewomen.
30 (d)1.4.a. The governing body of each state executive
31 committee as defined by party rule shall include as at-large
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1 committeemen and committeewomen all statewide elected
2 officials who are members of such political party; up to four
3 members of the United States Congress representing the state
4 who are members of such political party and who shall be
5 appointed by the state chair on the basis of geographic
6 representation; the permanent presiding officer selected by
7 the members of each house of the Legislature who are members
8 of such political party; and the minority leader selected by
9 the members of each house of the Legislature who are members
10 of such political party.
11 2.b. All members of the governing body shall have one
12 vote per person.
13 Section 118. Section 107.11, Florida Statutes, is
14 amended to read:
15 107.11 Appropriation for expenses.--For the purpose of
16 defraying the expenses of preparing for, conducting, holding
17 and declaring the result of the election provided for by this
18 chapter and also for the purpose of defraying the expenses
19 allowed by this chapter for the holding of sessions of the
20 convention as herein provided, to be audited by the Chief
21 Financial Officer Comptroller, there is appropriated out of
22 the General Revenue Fund of the State of Florida a sufficient
23 sum of money for the payment of all amounts necessary to be
24 expended under the terms of this chapter, which sums of money
25 shall be disbursed by the State of Florida pursuant to
26 warrants drawn by the Chief Financial Officer Comptroller upon
27 the Treasurer for the payment of same.
28 Section 119. Paragraph (a) of subsection (2) of
29 section 110.1127, Florida Statutes, is amended to read:
30 110.1127 Employee security checks.--
31
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1 (2)(a) All positions within the Division of Treasury
2 of the Department of Financial Services Insurance are deemed
3 to be positions of special trust or responsibility, and a
4 person may be disqualified for employment in any such position
5 by reason of:
6 1. The conviction or prior conviction of a crime which
7 is reasonably related to the nature of the position sought or
8 held by the individual; or
9 2. The entering of a plea of nolo contendere or, when
10 a jury verdict of guilty is rendered but adjudication of guilt
11 is withheld, with respect to a crime which is reasonably
12 related to the nature of the position sought or held by the
13 individual.
14 Section 120. Subsection (1) of section 110.113,
15 Florida Statutes, is amended to read:
16 110.113 Pay periods for state officers and employees;
17 salary payments by direct deposit.--
18 (1) The normal pay period for salaries of state
19 officers and employees shall be 1 month. The Department of
20 Financial Services Banking and Finance shall issue either
21 monthly or biweekly salary payments by state warrants or by
22 direct deposit pursuant to s. 17.076 or make semimonthly
23 salary payments by direct deposit pursuant to s. 17.076, as
24 requested by the head of each state agency and approved by the
25 Executive Office of the Governor and the Department of
26 Financial Services Banking and Finance.
27 Section 121. Subsection (1) of section 110.114,
28 Florida Statutes, is amended to read:
29 110.114 Employee wage deductions.--
30 (1) The state or any of its departments, bureaus,
31 commissions, and officers are authorized and permitted, with
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1 the concurrence of the Department of Financial Services
2 Banking and Finance, to make deductions from the salary or
3 wage of any employee or employees in such amount as shall be
4 authorized and requested by such employee or employees and for
5 such purpose as shall be authorized and requested by such
6 employee or employees and shall pay such sums so deducted as
7 directed by such employee or employees. The concurrence of
8 the Department of Financial Services Banking and Finance shall
9 not be required for the deduction of a certified bargaining
10 agent's membership dues deductions pursuant to s. 447.303 or
11 any deductions authorized by a collective bargaining
12 agreement.
13 Section 122. Section 110.116, Florida Statutes, is
14 amended to read:
15 110.116 Personnel information system; payroll
16 procedures.--The Department of Management Services shall
17 establish and maintain, in coordination with the payroll
18 system of the Department of Financial Services Banking and
19 Finance, a complete personnel information system for all
20 authorized and established positions in the state service,
21 with the exception of employees of the Legislature. The
22 specifications shall be developed in conjunction with the
23 payroll system of the Department of Financial Services Banking
24 and Finance and in coordination with the Auditor General. The
25 Department of Financial Services Banking and Finance shall
26 determine that the position occupied by each employee has been
27 authorized and established in accordance with the provisions
28 of s. 216.251. The Department of Management Services shall
29 develop and maintain a position numbering system that will
30 identify each established position, and such information shall
31 be a part of the payroll system of the Department of Financial
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1 Services Banking and Finance. With the exception of employees
2 of the Legislature, this system shall include all career
3 service positions and those positions exempted from career
4 service provisions, notwithstanding the funding source of the
5 salary payments, and information regarding persons receiving
6 payments from other sources. Necessary revisions shall be made
7 in the personnel and payroll procedures of the state to avoid
8 duplication insofar as is feasible. A list shall be organized
9 by budget entity to show the employees or vacant positions
10 within each budget entity. This list shall be available to
11 the Speaker of the House of Representatives and the President
12 of the Senate upon request.
13 Section 123. Paragraph (a) of subsection (3) and
14 paragraph (b) of subsection (6) of section 110.1227, Florida
15 Statutes, are amended to read:
16 110.1227 Florida Employee Long-Term-Care Plan Act.--
17 (3) The Department of Management Services and the
18 department shall, in consultation with public employers and
19 employees and representatives from unions and associations
20 representing state, university, local government, and other
21 public employees, establish and supervise the implementation
22 and administration of a self-funded or fully insured
23 long-term-care plan entitled "Florida Employee Long-Term-Care
24 Plan."
25 (a) The Department of Management Services and the
26 department shall, in consultation with the Department of
27 Financial Services Insurance, contract for actuarial,
28 professional-administrator, and other services for the Florida
29 Employee Long-Term-Care Plan.
30
31
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1 (6) A Florida Employee Long-Term-Care Plan Board of
2 Directors is created, composed of nine members who shall serve
3 2-year terms, to be appointed after May 1, 1999, as follows:
4 (b) The Chief Financial Officer Insurance Commissioner
5 shall appoint an actuary.
6 Section 124. Paragraph (f) of subsection (5) of
7 section 110.1228, Florida Statutes, is amended to read:
8 110.1228 Participation by small counties, small
9 municipalities, and district school boards located in small
10 counties.--
11 (5) If the department determines that a small county,
12 small municipality, or district school board is eligible to
13 enroll, the small county, small municipality, or district
14 school board must agree to the following terms and conditions:
15 (f) If a small county, small municipality, or district
16 school board employer fails to make the payments required by
17 this section to fully reimburse the state, the Department of
18 Revenue or the Department of Financial Services Banking and
19 Finance shall, upon the request of the Department of
20 Management Services, deduct the amount owed by the employer
21 from any funds not pledged to bond debt service satisfaction
22 that are to be distributed by it to the small county, small
23 municipality, or district school board. The amounts so
24 deducted shall be transferred to the Department of Management
25 Services for further distribution to the trust funds in
26 accordance with this chapter.
27 Section 125. Paragraph (f) of subsection (4) and
28 paragraphs (b) and (c) of subsection (5) of section 110.123,
29 Florida Statutes, are amended to read:
30 110.123 State group insurance program.--
31
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1 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
2 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
3 (f) Pursuant to the request of each state officer,
4 full-time or part-time state employee, or retiree
5 participating in the state group insurance program, and upon
6 certification of the employing agency approved by the
7 department, the Chief Financial Officer Comptroller shall
8 deduct from the salary or retirement warrant payable to each
9 participant the amount so certified and shall handle such
10 deductions in accordance with rules established by the
11 department.
12 (5) DEPARTMENT POWERS AND DUTIES.--The department is
13 responsible for the administration of the state group
14 insurance program. The department shall initiate and
15 supervise the program as established by this section and shall
16 adopt such rules as are necessary to perform its
17 responsibilities. To implement this program, the department
18 shall, with prior approval by the Legislature:
19 (b) Prepare, in cooperation with the Department of
20 Financial Services Insurance, the specifications necessary to
21 implement the program.
22 (c) Contract on a competitive proposal basis with an
23 insurance carrier or carriers, or professional administrator,
24 determined by the Department of Financial Services Insurance
25 to be fully qualified, financially sound, and capable of
26 meeting all servicing requirements. Alternatively, the
27 department may self-insure any plan or plans contained in the
28 state group insurance program subject to approval based on
29 actuarial soundness by the Department of Financial Services
30 Insurance. The department may contract with an insurance
31 company or professional administrator qualified and approved
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1 by the Department of Financial Services Insurance to
2 administer such plan. Before entering into any contract, the
3 department shall advertise for competitive proposals, and such
4 contract shall be let upon the consideration of the benefits
5 provided in relationship to the cost of such benefits. In
6 determining which entity to contract with, the department
7 shall, at a minimum, consider: the entity's previous
8 experience and expertise in administering group insurance
9 programs of the type it proposes to administer; the entity's
10 ability to specifically perform its contractual obligations in
11 this state and other governmental jurisdictions; the entity's
12 anticipated administrative costs and claims experience; the
13 entity's capability to adequately provide service coverage and
14 sufficient number of experienced and qualified personnel in
15 the areas of claims processing, recordkeeping, and
16 underwriting, as determined by the department; the entity's
17 accessibility to state employees and providers; the financial
18 solvency of the entity, using accepted business sector
19 measures of financial performance. The department may contract
20 for medical services which will improve the health or reduce
21 medical costs for employees who participate in the state group
22 insurance plan.
23
24 Final decisions concerning enrollment, the existence of
25 coverage, or covered benefits under the state group insurance
26 program shall not be delegated or deemed to have been
27 delegated by the department.
28 Section 126. Section 110.125, Florida Statutes, is
29 amended to read:
30 110.125 Administrative costs.--The administrative
31 expenses and costs of operating the personnel program
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1 established by this chapter shall be paid by the various
2 agencies of the state government, and each such agency shall
3 include in its budget estimates its pro rata share of such
4 cost as determined by the Department of Management Services.
5 To establish an equitable division of the costs, the amount to
6 be paid by each agency shall be determined in such proportion
7 as the service rendered to each agency bears to the total
8 service rendered under the provisions of this chapter. The
9 amounts paid to the Department of Management Services which
10 are attributable to positions within the Senior Management
11 Service and the Selected Professional Service shall be used
12 for the administration of such services, training activities
13 for positions within those services, and the development and
14 implementation of a database of pertinent historical
15 information on exempt positions. Should any state agency
16 become more than 90 days delinquent in payment of this
17 obligation, the department shall certify to the Chief
18 Financial Officer Comptroller the amount due and the Chief
19 Financial Officer Comptroller shall transfer the amount due to
20 the department from any debtor agency funds available.
21 Section 127. Paragraph (a) of subsection (1) of
22 section 110.181, Florida Statutes, is amended to read:
23 110.181 Florida State Employees' Charitable
24 Campaign.--
25 (1) CREATION AND ORGANIZATION OF CAMPAIGN.--
26 (a) The Department of Management Services shall
27 establish and maintain, in coordination with the payroll
28 system of the Department of Financial Services Banking and
29 Finance, an annual Florida State Employees' Charitable
30 Campaign. Except as provided in subsection (5), this annual
31 fundraising drive is the only authorized charitable
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1 fundraising drive directed toward state employees within work
2 areas during work hours, and for which the state will provide
3 payroll deduction.
4 Section 128. Subsection (1) of section 110.2037,
5 Florida Statutes, is amended to read:
6 110.2037 Alternative benefits; tax-sheltered annual
7 leave and sick leave payments and special compensation
8 payments.--
9 (1) The Department of Management Services has
10 authority to adopt tax-sheltered plans under s. 401(a) of the
11 Internal Revenue Code for state employees who are eligible for
12 payment for accumulated leave. The department, upon adoption
13 of the plans, shall contract for a private vendor or vendors
14 to administer the plans. These plans shall be limited to state
15 employees who are over age 55 and who are: eligible for
16 accumulated leave and special compensation payments and
17 separating from employment with 10 years of service in
18 accordance with the Internal Revenue Code, or who are
19 participating in the Deferred Retirement Option Program on or
20 after July 1, 2001. The plans must provide benefits in a
21 manner that minimizes the tax liability of the state and
22 participants. The plans must be funded by employer
23 contributions of payments for accumulated leave or special
24 compensation payments, or both, as specified by the
25 department. The plans must have received all necessary federal
26 and state approval as required by law, must not adversely
27 impact the qualified status of the Florida Retirement System
28 defined benefit or defined contribution plans or the pretax
29 benefits program, and must comply with the provisions of s.
30 112.65. Adoption of any plan is contingent on: the department
31 receiving appropriate favorable rulings from the Internal
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1 Revenue Service; the department negotiating under the
2 provisions of chapter 447, where applicable; and the Chief
3 Financial Officer Comptroller making appropriate changes to
4 the state payroll system. The department's request for
5 proposals by vendors for such plans may require that the
6 vendors provide market-risk or volatility ratings from
7 recognized rating agencies for each of their investment
8 products. The department shall provide for a system of
9 continuous quality assurance oversight to ensure that the
10 program objectives are achieved and that the program is
11 prudently managed.
12 Section 129. Subsection (6) of section 110.205,
13 Florida Statutes, is amended to read:
14 110.205 Career service; exemptions.--
15 (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY
16 PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In
17 addition to those positions exempted from this part, there is
18 hereby exempted from the Career Service System the chief
19 inspector of the boiler inspection program of the Department
20 of Financial Services Insurance. The salary range of this
21 position shall be established by the Department of Management
22 Services in accordance with the classification and pay plan
23 established for the Selected Exempt Service.
24 Section 130. Paragraph (b) of subsection (5),
25 paragraph (b) of subsection (7), paragraph (b) of subsection
26 (8), and subsections (9), (11), and (13) of section 112.061,
27 Florida Statutes, are amended to read:
28 112.061 Per diem and travel expenses of public
29 officers, employees, and authorized persons.--
30 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
31 purposes of reimbursement and methods of calculating
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1 fractional days of travel, the following principles are
2 prescribed:
3 (b) A traveler shall not be reimbursed on a per diem
4 basis for Class C travel, but shall receive subsistence as
5 provided in this section, which allowance for meals shall be
6 based on the following schedule:
7 1. Breakfast--When travel begins before 6 a.m. and
8 extends beyond 8 a.m.
9 2. Lunch--When travel begins before 12 noon and
10 extends beyond 2 p.m.
11 3. Dinner--When travel begins before 6 p.m. and
12 extends beyond 8 p.m., or when travel occurs during nighttime
13 hours due to special assignment.
14
15 No allowance shall be made for meals when travel is confined
16 to the city or town of the official headquarters or immediate
17 vicinity; except assignments of official business outside the
18 traveler's regular place of employment if travel expenses are
19 approved. The Chief Financial Officer Comptroller shall
20 establish a schedule for processing Class C travel subsistence
21 payments at least on a monthly basis.
22 (7) TRANSPORTATION.--
23 (b) The Department of Financial Services Banking and
24 Finance may provide any form it deems necessary to cover
25 travel requests for traveling on official business and when
26 paid by the state.
27 (8) OTHER EXPENSES.--
28 (b) Other expenses which are not specifically
29 authorized by this section may be approved by the Department
30 of Financial Services Banking and Finance pursuant to rules
31 adopted by it. Expenses approved pursuant to this paragraph
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1 shall be reported by the Department of Financial Services
2 Banking and Finance to the Auditor General annually.
3 (9) RULES AND REGULATIONS.--
4 (a) The Department of Financial Services Banking and
5 Finance shall adopt promulgate such rules and regulations,
6 including, but not limited to, the general criteria to be used
7 by a state agency to predetermine justification for attendance
8 by state officers and employees and authorized persons at
9 conventions and conferences, and prescribe such forms as may
10 be necessary to effectuate the purposes of this section. The
11 department may also adopt rules prescribing the proper
12 disposition and use of promotional items and rebates offered
13 by common carriers and other entities in connection with
14 travel at public expense; however, before adopting such rules,
15 the department shall consult with the appropriation committees
16 of the Legislature.
17 (b) Each state agency shall promulgate such additional
18 specific rules and regulations and specific criteria to be
19 used by it to predetermine justification for attendance by
20 state officers and employees and authorized persons at
21 conventions and conferences, not in conflict with the rules
22 and regulations of the Department of Financial Services
23 Banking and Finance or with the general criteria to be used by
24 a state agency to predetermine justification for attendance by
25 state officers and employees and authorized persons at
26 conventions, as may be necessary to effectuate the purposes of
27 this section.
28 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
29 (a) Authorization forms.--The Department of Financial
30 Services Banking and Finance shall furnish a uniform travel
31 authorization request form which shall be used by all state
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1 officers and employees and authorized persons when requesting
2 approval for the performance of travel to a convention or
3 conference. The form shall include, but not be limited to,
4 provision for the name of each traveler, purpose of travel,
5 period of travel, estimated cost to the state, and a statement
6 of benefits accruing to the state by virtue of such travel. A
7 copy of the program or agenda of the convention or conference,
8 itemizing registration fees and any meals or lodging included
9 in the registration fee, shall be attached to, and filed with,
10 the copy of the travel authorization request form on file with
11 the agency. The form shall be signed by the traveler and by
12 the traveler's supervisor stating that the travel is to be
13 incurred in connection with official business of the state.
14 The head of the agency or his or her designated representative
15 shall not authorize or approve such request in the absence of
16 the appropriate signatures. A copy of the travel authorization
17 form shall be attached to, and become a part of, the support
18 of the agency's copy of the travel voucher.
19 (b) Voucher forms.--
20 1. The Department of Financial Services Banking and
21 Finance shall furnish a uniform travel voucher form which
22 shall be used by all state officers and employees and
23 authorized persons when submitting travel expense statements
24 for approval and payment. No travel expense statement shall
25 be approved for payment by the Chief Financial Officer
26 Comptroller unless made on the form prescribed and furnished
27 by the department. The travel voucher form shall provide for,
28 among other things, the purpose of the official travel and a
29 certification or affirmation, to be signed by the traveler,
30 indicating the truth and correctness of the claim in every
31 material matter, that the travel expenses were actually
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1 incurred by the traveler as necessary in the performance of
2 official duties, that per diem claimed has been appropriately
3 reduced for any meals or lodging included in the convention or
4 conference registration fees claimed by the traveler, and that
5 the voucher conforms in every respect with the requirements of
6 this section. The original copy of the executed uniform
7 travel authorization request form shall be attached to the
8 uniform travel voucher on file with the respective agency.
9 2. Statements for travel expenses incidental to the
10 rendering of medical services for and on behalf of clients of
11 the Department of Health shall be on forms approved by the
12 Department of Financial Services Banking and Finance.
13 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
14 an agency requires an employee to incur either Class A or
15 Class B travel on emergency notice to the traveler, such
16 traveler may request the agency to pay his or her expenses for
17 meals and lodging directly to the vendor, and the agency may
18 pay the vendor the actual expenses for meals and lodging
19 during the travel period, limited to an amount not to exceed
20 that authorized pursuant to this section. In emergency
21 situations, the agency head or his or her designee may
22 authorize an increase in the amount paid for a specific meal,
23 provided that the total daily cost of meals does not exceed
24 the total amount authorized for meals each day. The agency
25 head or his or her designee may also grant prior approval for
26 a state agency to make direct payments of travel expenses in
27 other situations that result in cost savings to the state, and
28 such cost savings shall be documented in the voucher submitted
29 to the Chief Financial Officer Comptroller for the direct
30 payment of travel expenses. The provisions of this subsection
31
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1 shall not be deemed to apply to any legislator or to any
2 employee of the Legislature.
3 Section 131. Subsections (2), (5), and (6) of section
4 112.08, Florida Statutes, are amended to read:
5 112.08 Group insurance for public officers, employees,
6 and certain volunteers; physical examinations.--
7 (2)(a) Every local governmental unit is authorized to
8 provide and pay out of its available funds for all or part of
9 the premium for life, health, accident, hospitalization, legal
10 expense, or annuity insurance, or all or any kinds of such
11 insurance, for the officers and employees of the local
12 governmental unit and for health, accident, hospitalization,
13 and legal expense insurance for the dependents of such
14 officers and employees upon a group insurance plan and, to
15 that end, to enter into contracts with insurance companies or
16 professional administrators to provide such insurance. Before
17 entering any contract for insurance, the local governmental
18 unit shall advertise for competitive bids; and such contract
19 shall be let upon the basis of such bids. If a contracting
20 health insurance provider becomes financially impaired as
21 determined by the Department of Financial Services Insurance
22 or otherwise fails or refuses to provide the contracted-for
23 coverage or coverages, the local government may purchase
24 insurance, enter into risk management programs, or contract
25 with third-party administrators and may make such acquisitions
26 by advertising for competitive bids or by direct negotiations
27 and contract. The local governmental unit may undertake
28 simultaneous negotiations with those companies which have
29 submitted reasonable and timely bids and are found by the
30 local governmental unit to be fully qualified and capable of
31 meeting all servicing requirements. Each local governmental
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1 unit may self-insure any plan for health, accident, and
2 hospitalization coverage or enter into a risk management
3 consortium to provide such coverage, subject to approval based
4 on actuarial soundness by the Department of Financial Services
5 Insurance; and each shall contract with an insurance company
6 or professional administrator qualified and approved by the
7 Department of Financial Services Insurance to administer such
8 a plan.
9 (b) In order to obtain approval from the Department of
10 Insurance of any self-insured plan for health, accident, and
11 hospitalization coverage, each local governmental unit or
12 consortium shall submit its plan along with a certification as
13 to the actuarial soundness of the plan, which certification is
14 prepared by an actuary who is a member of the Society of
15 Actuaries or the American Academy of Actuaries. The Department
16 of Financial Services Insurance shall not approve the plan
17 unless it determines that the plan is designed to provide
18 sufficient revenues to pay current and future liabilities, as
19 determined according to generally accepted actuarial
20 principles. After implementation of an approved plan, each
21 local governmental unit or consortium shall annually submit to
22 the Department of Financial Services Insurance a report which
23 includes a statement prepared by an actuary who is a member of
24 the Society of Actuaries or the American Academy of Actuaries
25 as to the actuarial soundness of the plan. The report is due
26 90 days after the close of the fiscal year of the plan. The
27 report shall consist of, but is not limited to:
28 1. The adequacy of contribution rates in meeting the
29 level of benefits provided and the changes, if any, needed in
30 the contribution rates to achieve or preserve a level of
31 funding deemed adequate to enable payment of the benefit
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1 amounts provided under the plan and a valuation of present
2 assets, based on statement value, and prospective assets and
3 liabilities of the plan and the extent of any unfunded accrued
4 liabilities.
5 2. A plan to amortize any unfunded liabilities and a
6 description of actions taken to reduce unfunded liabilities.
7 3. A description and explanation of actuarial
8 assumptions.
9 4. A schedule illustrating the amortization of any
10 unfunded liabilities.
11 5. A comparative review illustrating the level of
12 funds available to the plan from rates, investment income, and
13 other sources realized over the period covered by the report
14 with the assumptions used.
15 6. A statement by the actuary that the report is
16 complete and accurate and that in the actuary's opinion the
17 techniques and assumptions used are reasonable and meet the
18 requirements and intent of this subsection.
19 7. Other factors or statements as required by the
20 Department of Insurance in order to determine the actuarial
21 soundness of the plan.
22
23 All assumptions used in the report shall be based on
24 recognized actuarial principles acceptable to the Department
25 of Financial Services Insurance. The Department of Financial
26 Services Insurance shall review the report and shall notify
27 the administrator of the plan and each entity participating in
28 the plan, as identified by the administrator, of any actuarial
29 deficiencies. Each local governmental unit is responsible for
30 payment of valid claims of its employees that are not paid
31
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1 within 60 days after receipt by the plan administrator or
2 consortium.
3 (c) Every local governmental unit is authorized to
4 expend funds for preemployment physical examinations and
5 postemployment physical examinations.
6 (5) The Department of Management Services shall
7 initiate and supervise a group insurance program providing
8 death and disability benefits for active members of the
9 Florida Highway Patrol Auxiliary, with coverage beginning July
10 1, 1978, and purchased from state funds appropriated for that
11 purpose. The Department of Management Services, in
12 cooperation with the Department of Financial Services
13 Insurance, shall prepare specifications necessary to implement
14 the program, and the Department of Management Services shall
15 receive bids and award the contract in accordance with general
16 law.
17 (6) The Department of Financial Services Insurance is
18 authorized to adopt rules to carry out the provisions of this
19 section as they pertain to its duties.
20 Section 132. Paragraph (h) of subsection (2) of
21 section 112.191, Florida Statutes, is amended to read:
22 112.191 Firefighters; death benefits.--
23 (2)
24 (h) The Division of the State Fire Marshal within the
25 Department of Financial Services Insurance is directed to
26 adopt promulgate rules as are necessary to implement the
27 provisions of this section.
28 Section 133. Subsections (2) and (4), paragraph (a) of
29 subsection (6), paragraphs (a), (d), (f), and (h) of
30 subsection (8), paragraph (b) of subsection (10), and
31
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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 (2) For the purposes of this section:,
6 (a) The term "employee" means any person, whether
7 appointed, elected, or under contract, providing services for
8 the state; any state agency or county or other political
9 subdivision of the state; any municipality; or any
10 constitutional county officer under s. 1(d), Art. VIII of the
11 State Constitution for which compensation or statutory fees
12 are paid;.
13 (b) The term "department" means the Department of
14 Management Services.
15 (4)(a) The department Treasurer, with the approval of
16 the State Board of Administration, shall establish such plan
17 or plans of deferred compensation for state employees,
18 including all such investment vehicles or products incident
19 thereto, as may be available through, or offered by, qualified
20 companies or persons, and may approve one or more such plans
21 for implementation by and on behalf of the state and its
22 agencies and employees.
23 (b) The department may If the Treasurer deems it
24 advisable, he or she shall have the power, with the approval
25 of the State Board of Administration, to create a trust or
26 other special funds for the segregation of funds or assets
27 resulting from compensation deferred at the request of
28 employees of the state or its agencies and for the
29 administration of such program.
30 (c) The department Treasurer, with the approval of the
31 State Board of Administration, may delegate responsibility for
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1 administration of the plan to a person the department
2 Treasurer determines to be qualified, compensate such person,
3 and, directly or through such person or pursuant to a
4 collective bargaining agreement, contract with a private
5 corporation or institution to provide such services as may be
6 part of any such plan or as may be deemed necessary or proper
7 by the department Treasurer or such person, including, but not
8 limited to, providing consolidated billing, individual and
9 collective recordkeeping and accountings, asset purchase,
10 control, and safekeeping, and direct disbursement of funds to
11 employees or other beneficiaries. The department Treasurer may
12 authorize a person, private corporation, or institution to
13 make direct disbursement of funds under the plan to an
14 employee or other beneficiary only upon the order of the Chief
15 Financial Officer Comptroller to the Treasurer.
16 (d) In accordance with such approved plan, and upon
17 contract or agreement with an eligible employee, deferrals of
18 compensation may be accomplished by payroll deductions made by
19 the appropriate officer or officers of the state, with such
20 funds being thereafter held and administered in accordance
21 with the plan.
22 (6)(a) No deferred compensation plan of the state
23 shall become effective until approved by the State Board of
24 Administration and the department Treasurer is satisfied by
25 opinion from such federal agency or agencies as may be deemed
26 necessary that the compensation deferred thereunder and/or the
27 investment products purchased pursuant to the plan will not be
28 included in the employee's taxable income under federal or
29 state law until it is actually received by such employee under
30 the terms of the plan, and that such compensation will
31 nonetheless be deemed compensation at the time of deferral for
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1 the purposes of social security coverage, for the purposes of
2 the state retirement system, and for any other retirement,
3 pension, or benefit program established by law.
4 (8)(a) There is hereby created a Deferred Compensation
5 Advisory Council composed of seven members.
6 1. One member shall be appointed by the Speaker of the
7 House of Representatives and the President of the Senate
8 jointly and shall be an employee of the legislative branch.
9 2. One member shall be appointed by the Chief Justice
10 of the Supreme Court and shall be an employee of the judicial
11 branch.
12 3. One member shall be appointed by the chair of the
13 Public Employees Relations Commission and shall be a nonexempt
14 public employee.
15 4. The remaining four members shall be employed by the
16 executive branch and shall be appointed as follows:
17 a. One member shall be appointed by the Division of
18 Colleges and Universities of the Florida Board of Education
19 Chancellor of the State University System and shall be an
20 employee of the university system.
21 b. One member shall be appointed by the department
22 Treasurer and shall be an employee of the department
23 Treasurer.
24 c. One member shall be appointed by the Governor and
25 shall be an employee of the executive branch.
26 d. One member shall be appointed by the Chief
27 Financial Officer Comptroller and shall be an employee of the
28 Chief Financial Officer Comptroller.
29 (d) The council shall meet at the call of its chair,
30 at the request of a majority of its membership, or at the
31 request of the department Treasurer, but not less than twice a
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1 year. The business of the council shall be presented to the
2 council in the form of an agenda. The agenda shall be set by
3 the department Treasurer and shall include items of business
4 requested by the council members.
5 (f) The council shall make a report of each meeting to
6 the department Treasurer, which shall show the names of the
7 members present and shall include a record of its discussions,
8 recommendations, and actions taken. The department Treasurer
9 shall keep the records of the proceedings of each meeting on
10 file and shall make the records available to any interested
11 person or group.
12 (h) The advisory council shall provide assistance and
13 recommendations to the department Treasurer relating to the
14 provisions of the plan, the insurance or investment options to
15 be offered under the plan, and any other contracts or
16 appointments deemed necessary by the council and the
17 department Treasurer to carry out the provisions of this act.
18 The department Treasurer shall inform the council of the
19 manner in which each council recommendation is being
20 addressed. The department Treasurer shall provide the
21 council, at least annually, a report on the status of the
22 deferred compensation program, including, but not limited to,
23 information on participant enrollment, amount of compensation
24 deferred, total plan assets, product provider performance, and
25 participant satisfaction with the program.
26 (10)
27 (b)1. There is created in the department State
28 Treasury the Deferred Compensation Trust Fund, through which
29 the department Treasurer as trustee shall hold moneys,
30 pensions, annuities, or other benefits accrued or accruing
31 under and pursuant to 26 U.S.C. s. 457 and the deferred
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1 compensation plan provided for therein and adopted by this
2 state; and
3 a. All amounts of compensation deferred thereunder;
4 b. All property and rights purchased with such
5 amounts; and
6 c. All income attributable to such amounts, property,
7 or rights.
8 2. Notwithstanding the mandates of 26 U.S.C. s.
9 457(b)(6), all of the assets specified in subparagraph 1.
10 shall be held in trust for the exclusive benefit of
11 participants and their beneficiaries as mandated by 26 U.S.C.
12 s. 457(g)(1).
13 (11) With respect to any funds held pursuant to a
14 deferred compensation plan, any plan provider which is a bank
15 or savings association and which provides time deposit
16 accounts and certificates of deposit as an investment product
17 to the plan participants may, with the approval of the State
18 Board of Administration for providers in the state plan, or
19 with the approval of the appropriate official or body
20 designated under subsection (5) for a plan of a county,
21 municipality, other political subdivision, or constitutional
22 county officer, be exempt from the provisions of chapter 280
23 requiring it to be a qualified public depository, provided:
24 (a) The bank or savings association shall, to the
25 extent that the time deposit accounts or certificates of
26 deposit are not insured by the Federal Deposit Insurance
27 Corporation or the Federal Savings and Loan Insurance
28 Corporation, pledge collateral with the Chief Financial
29 Officer Treasurer for all state funds held by it under a
30 deferred compensation plan, or with such other appropriate
31 official for all public funds held by it under a deferred
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1 compensation plan of a county, municipality, other political
2 subdivision, or constitutional county officer, in an amount
3 which equals at least 150 percent of all uninsured deferred
4 compensation funds then held.
5 (b) Said collateral shall be of the kind permitted by
6 s. 280.13 and shall be pledged in the manner provided for by
7 the applicable provisions of chapter 280.
8
9 The Chief Financial Officer Treasurer shall have all the
10 applicable powers provided in ss. 280.04, 280.05, and 280.08
11 relating to the sale or other disposition of the pledged
12 collateral.
13 (12) The department Treasurer may adopt any rule
14 necessary to administer and implement this act with respect to
15 deferred compensation plans for state employees.
16 Section 134. Paragraph (h) of subsection (4) of
17 section 112.3144, Florida Statutes, is amended to read:
18 112.3144 Full and public disclosure of financial
19 interests.--
20 (4) Forms for compliance with the full and public
21 disclosure requirements of s. 8, Art. II of the State
22 Constitution shall be created by the Commission on Ethics. The
23 commission shall give notice of disclosure deadlines and
24 delinquencies and distribute forms in the following manner:
25 (h) Notwithstanding any provision of chapter 120, any
26 fine imposed under this subsection which is not waived by
27 final order of the commission and which remains unpaid more
28 than 60 days after the notice of payment due or more than 60
29 days after the commission renders a final order on the appeal
30 must be submitted to the Department of Financial Services
31 Banking and Finance as a claim, debt, or other obligation owed
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1 to the state, and the department shall assign the collection
2 of such fine to a collection agent as provided in s. 17.20.
3 Section 135. Paragraph (i) of subsection (6) of
4 section 112.3145, Florida Statutes, is amended to read:
5 112.3145 Disclosure of financial interests and clients
6 represented before agencies.--
7 (6) Forms for compliance with the disclosure
8 requirements of this section and a current list of persons
9 subject to disclosure shall be created by the commission and
10 provided to each supervisor of elections. The commission and
11 each supervisor of elections shall give notice of disclosure
12 deadlines and delinquencies and distribute forms in the
13 following manner:
14 (i) Notwithstanding any provision of chapter 120, any
15 fine imposed under this subsection which is not waived by
16 final order of the commission and which remains unpaid more
17 than 60 days after the notice of payment due or more than 60
18 days after the commission renders a final order on the appeal
19 must be submitted to the Department of Financial Services
20 Banking and Finance as a claim, debt, or other obligation owed
21 to the state, and the department shall assign the collection
22 of such a fine to a collection agent as provided in s. 17.20.
23 Section 136. Paragraph (c) of subsection (9) of
24 section 112.3189, Florida Statutes, is amended to read:
25 112.3189 Investigative procedures upon receipt of
26 whistle-blower information from certain state employees.--
27 (9)
28 (c) The Chief Inspector General shall transmit any
29 final report under this section, any comments provided by the
30 complainant, and any appropriate comments or recommendations
31 by the Chief Inspector General to the Governor, to the Joint
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1 Legislative Auditing Committee, to the investigating agency,
2 and to the Chief Financial Officer Comptroller.
3 Section 137. Paragraph (e) of subsection (3) of
4 section 112.31895, Florida Statutes, is amended to read:
5 112.31895 Investigative procedures in response to
6 prohibited personnel actions.--
7 (3) CORRECTIVE ACTION AND TERMINATION OF
8 INVESTIGATION.--
9 (e)1. The Florida Commission on Human Relations may
10 request an agency or circuit court to order a stay, on such
11 terms as the court requires, of any personnel action for 45
12 days if the Florida Commission on Human Relations determines
13 that reasonable grounds exist to believe that a prohibited
14 personnel action has occurred, is occurring, or is to be
15 taken. The Florida Commission on Human Relations may request
16 that such stay be extended for appropriate periods of time.
17 2. If, in connection with any investigation, the
18 Florida Commission on Human Relations determines that
19 reasonable grounds exist to believe that a prohibited action
20 has occurred, is occurring, or is to be taken which requires
21 corrective action, the Florida Commission on Human Relations
22 shall report the determination together with any findings or
23 recommendations to the agency head and may report that
24 determination and those findings and recommendations to the
25 Governor and the Chief Financial Officer Comptroller. The
26 Florida Commission on Human Relations may include in the
27 report recommendations for corrective action to be taken.
28 3. If, after 20 days, the agency does not implement
29 the recommended action, the Florida Commission on Human
30 Relations shall terminate the investigation and notify the
31 complainant of the right to appeal under subsection (4), or
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1 may petition the agency for corrective action under this
2 subsection.
3 4. If the Florida Commission on Human Relations finds,
4 in consultation with the individual subject to the prohibited
5 action, that the agency has implemented the corrective action,
6 the commission shall file such finding with the agency head,
7 together with any written comments that the individual
8 provides, and terminate the investigation.
9 Section 138. Paragraph (f) of subsection (5) of
10 section 112.3215, Florida Statutes, is amended to read:
11 112.3215 Lobbyists before the executive branch or the
12 Constitution Revision Commission; registration and reporting;
13 investigation by commission.--
14 (5)
15 (f) The commission shall provide by rule a procedure
16 by which a lobbyist who fails to timely file a report shall be
17 notified and assessed fines. The rule shall provide for the
18 following:
19 1. Upon determining that the report is late, the
20 person designated to review the timeliness of reports shall
21 immediately notify the lobbyist as to the failure to timely
22 file the report and that a fine is being assessed for each
23 late day. The fine shall be $50 per day per report for each
24 late day up to a maximum of $5,000 per late report.
25 2. Upon receipt of the report, the person designated
26 to review the timeliness of reports shall determine the amount
27 of the fine due based upon the earliest of the following:
28 a. When a report is actually received by the lobbyist
29 registration and reporting office.
30 b. When the report is postmarked.
31 c. When the certificate of mailing is dated.
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1 d. When the receipt from an established courier
2 company is dated.
3 3. Such fine shall be paid within 30 days after the
4 notice of payment due is transmitted by the Lobbyist
5 Registration Office, unless appeal is made to the commission.
6 The moneys shall be deposited into the Executive Branch Lobby
7 Registration Trust Fund.
8 4. A fine shall not be assessed against a lobbyist the
9 first time any reports for which the lobbyist is responsible
10 are not timely filed. However, to receive the one-time fine
11 waiver, all reports for which the lobbyist is responsible must
12 be filed within 30 days after the notice that any reports have
13 not been timely filed is transmitted by the Lobbyist
14 Registration Office. A fine shall be assessed for any
15 subsequent late-filed reports.
16 5. Any lobbyist may appeal or dispute a fine, based
17 upon unusual circumstances surrounding the failure to file on
18 the designated due date, and may request and shall be entitled
19 to a hearing before the commission, which shall have the
20 authority to waive the fine in whole or in part for good cause
21 shown. Any such request shall be made within 30 days after
22 the notice of payment due is transmitted by the Lobbyist
23 Registration Office. In such case, the lobbyist shall, within
24 the 30-day period, notify the person designated to review the
25 timeliness of reports in writing of his or her intention to
26 bring the matter before the commission.
27 6. The person designated to review the timeliness of
28 reports shall notify the commission of the failure of a
29 lobbyist to file a report after notice or of the failure of a
30 lobbyist to pay the fine imposed.
31
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1 7. Notwithstanding any provision of chapter 120, any
2 fine imposed under this subsection that is not waived by final
3 order of the commission and that remains unpaid more than 60
4 days after the notice of payment due or more than 60 days
5 after the commission renders a final order on the lobbyist's
6 appeal shall be collected by the Department of Financial
7 Services Banking and Finance as a claim, debt, or other
8 obligation owed to the state, and the department may assign
9 the collection of such fine to a collection agent as provided
10 in s. 17.20.
11 Section 139. Subsection (4) of section 112.63, Florida
12 Statutes, is amended to read:
13 112.63 Actuarial reports and statements of actuarial
14 impact; review.--
15 (4) Upon receipt, pursuant to subsection (2), of an
16 actuarial report, or upon receipt, pursuant to subsection (3),
17 of a statement of actuarial impact, the Department of
18 Management Services shall acknowledge such receipt, but shall
19 only review and comment on each retirement system's or plan's
20 actuarial valuations at least on a triennial basis. If the
21 department finds that the actuarial valuation is not complete,
22 accurate, or based on reasonable assumptions, or if the
23 department does not receive the actuarial report or statement
24 of actuarial impact, the department shall notify the local
25 government and request appropriate adjustment. If, after a
26 reasonable period of time, a satisfactory adjustment is not
27 made, the affected local government or the department may
28 petition for a hearing under the provisions of ss. 120.569 and
29 120.57. If the administrative law judge recommends in favor of
30 the department, the department shall perform an actuarial
31 review or prepare the statement of actuarial impact. The cost
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1 to the department of performing such actuarial review or
2 preparing such statement shall be charged to the governmental
3 entity of which the employees are covered by the retirement
4 system or plan. If payment of such costs is not received by
5 the department within 60 days after receipt by the
6 governmental entity of the request for payment, the department
7 shall certify to the Chief Financial Officer Comptroller the
8 amount due, and the Chief Financial Officer Comptroller shall
9 pay such amount to the department from any funds payable to
10 the governmental entity of which the employees are covered by
11 the retirement system or plan. If the administrative law
12 judge recommends in favor of the local retirement system and
13 the department performs an actuarial review, the cost to the
14 department of performing the actuarial review shall be paid by
15 the department.
16 Section 140. Section 114.03, Florida Statutes, is
17 amended to read:
18 114.03 Certain executive officers not to absent
19 themselves from the state.--The Secretary of State, Attorney
20 General, Chief Financial Officer Comptroller, Treasurer,
21 Commissioner of Education, and Commissioner of Agriculture
22 shall reside at the capital, and no member of the Cabinet
23 shall absent himself or herself from the state for a period of
24 60 consecutive days or more without the consent of the
25 Governor and a majority of the Cabinet. If a Cabinet officer
26 should refuse or fail to comply with and observe the
27 requirements of this section, his or her office may be deemed
28 vacant pursuant to paragraph (f) or paragraph (g) of s.
29 114.01(1), as appropriate.
30 Section 141. Section 116.03, Florida Statutes, is
31 amended to read:
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1 116.03 Officers to report fees collected.--Each state
2 and county officer who receives all or any part of his or her
3 compensation in fees or commissions, or other remuneration,
4 shall keep a complete report of all fees and commissions, or
5 other remuneration collected, and shall make a report to the
6 Department of Financial Services Banking and Finance of all
7 such fees and commissions, or other remuneration, annually on
8 December 31 of each and every year. Such report shall be made
9 upon forms to be prescribed from time to time by the
10 department, and shall show in detail the source, character and
11 amount of all his or her official expenses and the net amount
12 that the office has paid up to the time of making such report.
13 All officers shall make out, fill in and subscribe and
14 properly forward to the department such reports, and swear to
15 the accuracy and competency of such reports.
16 Section 142. Section 116.04, Florida Statutes, is
17 amended to read:
18 116.04 Failure of officer to make sworn report of
19 fees.--Any officer who shall fail or refuse to make,
20 subscribe, and swear, or to file with the Department of
21 Financial Services Banking and Finance a report of all fees,
22 commissions, or other remuneration collected, as required by
23 law, or if any officer shall knowingly or willfully make false
24 or incomplete reports, or in any report violate any of the
25 provisions of s. 116.03 he or she shall be guilty of a
26 misdemeanor of the first degree, punishable as provided in s.
27 775.082 or s. 775.083.
28 Section 143. Section 116.05, Florida Statutes, is
29 amended to read:
30 116.05 Examination and publication by Department of
31 Financial Services Banking and Finance.--The Department of
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1 Financial Services Banking and Finance shall have examined and
2 verified any of the reports received under s. 116.03 whenever
3 in its judgment the same may be necessary, and the department
4 shall cause the matter and things in each of said reports to
5 be published one time in a newspaper published in the county
6 in which such report originated, in such form as it shall
7 direct, and the expense of such publication shall be paid by
8 the county commissioners of such county.
9 Section 144. Section 116.06, Florida Statutes, is
10 amended to read:
11 116.06 Summary of reports; certain officers not
12 required to report fees.--A summary of all such reports shall
13 be included by the Department of Financial Services Banking
14 and Finance in its annual report to the Governor, except that
15 jurors and notaries public shall not be required to make such
16 reports as provided for in s. 116.03.
17 Section 145. Section 116.14, Florida Statutes, is
18 amended to read:
19 116.14 Receipts required from purchasers of state
20 property.--Upon the sale of any state property by the
21 superintendent and presidents of state institutions as
22 provided by law, they shall take receipt for the same from the
23 purchaser, which receipt shall be forwarded, together with the
24 proceeds of the sale, to the Chief Financial Officer State
25 Treasurer.
26 Section 146. Paragraph (c) of subsection (15) of
27 section 120.52, Florida Statutes, is amended to read:
28 120.52 Definitions.--As used in this act:
29 (15) "Rule" means each agency statement of general
30 applicability that implements, interprets, or prescribes law
31 or policy or describes the procedure or practice requirements
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1 of an agency and includes any form which imposes any
2 requirement or solicits any information not specifically
3 required by statute or by an existing rule. The term also
4 includes the amendment or repeal of a rule. The term does not
5 include:
6 (c) The preparation or modification of:
7 1. Agency budgets.
8 2. Statements, memoranda, or instructions to state
9 agencies issued by the Chief Financial Officer or Comptroller
10 as chief fiscal officer of the state and relating or
11 pertaining to claims for payment submitted by state agencies
12 to the Chief Financial Officer or Comptroller.
13 3. Contractual provisions reached as a result of
14 collective bargaining.
15 4. Memoranda issued by the Executive Office of the
16 Governor relating to information resources management.
17 Section 147. Section 120.80, Florida Statutes, is
18 amended to read:
19 120.80 Exceptions and special requirements;
20 agencies.--
21 (1) DIVISION OF ADMINISTRATIVE
22 HEARINGS.--Notwithstanding s. 120.57(1)(a), a hearing in which
23 the division is a party shall not be conducted by an
24 administrative law judge assigned by the division. An
25 attorney assigned by the Administration Commission shall be
26 the hearing officer.
27 (2) DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
28 (a) Marketing orders under chapter 527, chapter 573,
29 or chapter 601 are not rules.
30 (b) Notwithstanding s. 120.57(1)(a), hearings held by
31 the Department of Agriculture and Consumer Services pursuant
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1 to chapter 601 need not be conducted by an administrative law
2 judge assigned by the division.
3 (3) DEPARTMENT OF FINANCIAL SERVICES BANKING AND
4 FINANCE.--
5 (a) Notwithstanding s. 120.60(1), in proceedings for
6 the issuance, denial, renewal, or amendment of a license or
7 approval of a merger pursuant to title XXXVIII:
8 1.a. The Department of Financial Services Banking and
9 Finance shall have published in the Florida Administrative
10 Weekly notice of the application within 21 days after receipt.
11 b. Within 21 days after publication of notice, any
12 person may request a hearing. Failure to request a hearing
13 within 21 days after notice constitutes a waiver of any right
14 to a hearing. The Department of Financial Services Banking and
15 Finance or an applicant may request a hearing at any time
16 prior to the issuance of a final order. Hearings shall be
17 conducted pursuant to ss. 120.569 and 120.57, except that the
18 Department of Financial Services Banking and Finance shall by
19 rule provide for participation by the general public.
20 2. Should a hearing be requested as provided by
21 sub-subparagraph 1.b., the applicant or licensee shall publish
22 at its own cost a notice of the hearing in a newspaper of
23 general circulation in the area affected by the application.
24 The Department of Financial Services Banking and Finance may
25 by rule specify the format and size of the notice.
26 3. Notwithstanding s. 120.60(1), and except as
27 provided in subparagraph 4., every application for license for
28 a new bank, new trust company, new credit union, or new
29 savings and loan association shall be approved or denied
30 within 180 days after receipt of the original application or
31 receipt of the timely requested additional information or
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1 correction of errors or omissions. Any application for such a
2 license or for acquisition of such control which is not
3 approved or denied within the 180-day period or within 30 days
4 after conclusion of a public hearing on the application,
5 whichever is later, shall be deemed approved subject to the
6 satisfactory completion of conditions required by statute as a
7 prerequisite to license and approval of insurance of accounts
8 for a new bank, a new savings and loan association, or a new
9 credit union by the appropriate insurer.
10 4. In the case of every application for license to
11 establish a new bank, trust company, or capital stock savings
12 association in which a foreign national proposes to own or
13 control 10 percent or more of any class of voting securities,
14 and in the case of every application by a foreign national for
15 approval to acquire control of a bank, trust company, or
16 capital stock savings association, the Department of Financial
17 Services Banking and Finance shall request that a public
18 hearing be conducted pursuant to ss. 120.569 and 120.57.
19 Notice of such hearing shall be published by the applicant as
20 provided in subparagraph 2. The failure of any such foreign
21 national to appear personally at the hearing shall be grounds
22 for denial of the application. Notwithstanding the provisions
23 of s. 120.60(1) and subparagraph 3., every application
24 involving a foreign national shall be approved or denied
25 within 1 year after receipt of the original application or any
26 timely requested additional information or the correction of
27 any errors or omissions, or within 30 days after the
28 conclusion of the public hearing on the application, whichever
29 is later.
30 (b) In any application for a license or merger
31 pursuant to title XXXVIII which is referred by the agency to
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1 the division for hearing, the administrative law judge shall
2 complete and submit to the agency and to all parties a written
3 report consisting of findings of fact and rulings on
4 evidentiary matters. The agency shall allow each party at
5 least 10 days in which to submit written exceptions to the
6 report.
7 (c) Notwithstanding s. 120.60(1), every application
8 for a certificate of authority as required by s. 624.401 shall
9 be approved or denied within 180 days after receipt of the
10 original application. Any application for a certificate of
11 authority which is not approved or denied within the 180-day
12 period, or within 30 days after conclusion of a public hearing
13 held on the application, shall be deemed approved, subject to
14 the satisfactory completion of conditions required by statute
15 as a prerequisite to licensure.
16 (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL
17 REGULATION.--
18 (a) Business regulation.--The Division of Pari-mutuel
19 Wagering is exempt from the hearing and notice requirements of
20 ss. 120.569 and 120.57(1)(a), but only for stewards, judges,
21 and boards of judges when the hearing is to be held for the
22 purpose of the imposition of fines or suspensions as provided
23 by rules of the Division of Pari-mutuel Wagering, but not for
24 revocations, and only upon violations of subparagraphs 1.-6.
25 The Division of Pari-mutuel Wagering shall adopt rules
26 establishing alternative procedures, including a hearing upon
27 reasonable notice, for the following violations:
28 1. Horse riding, harness riding, greyhound
29 interference, and jai alai game actions in violation of
30 chapter 550.
31
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1 2. Application and usage of drugs and medication to
2 horses, greyhounds, and jai alai players in violation of
3 chapter 550.
4 3. Maintaining or possessing any device which could be
5 used for the injection or other infusion of a prohibited drug
6 to horses, greyhounds, and jai alai players in violation of
7 chapter 550.
8 4. Suspensions under reciprocity agreements between
9 the Division of Pari-mutuel Wagering and regulatory agencies
10 of other states.
11 5. Assault or other crimes of violence on premises
12 licensed for pari-mutuel wagering.
13 6. Prearranging the outcome of any race or game.
14 (b) Professional regulation.--Notwithstanding s.
15 120.57(1)(a), formal hearings may not be conducted by the
16 Secretary of Business and Professional Regulation or a board
17 or member of a board within the Department of Business and
18 Professional Regulation for matters relating to the regulation
19 of professions, as defined by chapter 455.
20 (5) FLORIDA LAND AND WATER ADJUDICATORY
21 COMMISSION.--Notwithstanding the provisions of s.
22 120.57(1)(a), when the Florida Land and Water Adjudicatory
23 Commission receives a notice of appeal pursuant to s. 380.07,
24 the commission shall notify the division within 60 days after
25 receipt of the notice of appeal if the commission elects to
26 request the assignment of an administrative law judge.
27 (6) DEPARTMENT OF LAW ENFORCEMENT.--Law enforcement
28 policies and procedures of the Department of Law Enforcement
29 which relate to the following are not rules as defined by this
30 chapter:
31
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1 (a) The collection, management, and dissemination of
2 active criminal intelligence information and active criminal
3 investigative information; management of criminal
4 investigations; and management of undercover investigations
5 and the selection, assignment, and fictitious identity of
6 undercover personnel.
7 (b) The recruitment, management, identity, and
8 remuneration of confidential informants or sources.
9 (c) Surveillance techniques, the selection of
10 surveillance personnel, and electronic surveillance, including
11 court-ordered and consensual interceptions of communication
12 conducted pursuant to chapter 934.
13 (d) The safety and release of hostages.
14 (e) The provision of security and protection to public
15 figures.
16 (f) The protection of witnesses.
17 (7) DEPARTMENT OF CHILDREN AND FAMILY
18 SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted
19 within the Department of Children and Family Services in the
20 execution of those social and economic programs administered
21 by the former Division of Family Services of the former
22 Department of Health and Rehabilitative Services prior to the
23 reorganization effected by chapter 75-48, Laws of Florida,
24 need not be conducted by an administrative law judge assigned
25 by the division.
26 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
27 (a) Drivers' licenses.--
28 1. Notwithstanding s. 120.57(1)(a), hearings regarding
29 drivers' licensing pursuant to chapter 322 need not be
30 conducted by an administrative law judge assigned by the
31 division.
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1 2. Notwithstanding s. 120.60(5), cancellation,
2 suspension, or revocation of a driver's license shall be by
3 personal delivery to the licensee or by first-class mail as
4 provided in s. 322.251.
5 (b) Wrecker operators.--Notwithstanding s.
6 120.57(1)(a), hearings held by the Division of the Florida
7 Highway Patrol of the Department of Highway Safety and Motor
8 Vehicles to deny, suspend, or remove a wrecker operator from
9 participating in the wrecker rotation system established by s.
10 321.051 need not be conducted by an administrative law judge
11 assigned by the division. These hearings shall be held by a
12 hearing officer appointed by the director of the Division of
13 the Florida Highway Patrol.
14 (9) DEPARTMENT OF INSURANCE.--Notwithstanding s.
15 120.60(1), every application for a certificate of authority as
16 required by s. 624.401 shall be approved or denied within 180
17 days after receipt of the original application. Any
18 application for a certificate of authority which is not
19 approved or denied within the 180-day period, or within 30
20 days after conclusion of a public hearing held on the
21 application, shall be deemed approved, subject to the
22 satisfactory completion of conditions required by statute as a
23 prerequisite to licensure.
24 (9)(10) DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.--
25 (a) Unemployment compensation.--
26 1. Notwithstanding s. 120.54, the rulemaking
27 provisions of this chapter do not apply to unemployment
28 compensation appeals referees.
29 2. Notwithstanding s. 120.57(1)(a), hearings may be
30 conducted by the Unemployment Appeals Commission in
31
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1 unemployment compensation appeals, unemployment compensation
2 appeals referees, and special deputies pursuant to s. 443.141.
3 (b) Workers' compensation.--Notwithstanding s.
4 120.52(1), a judge of compensation claims, in the adjudication
5 of matters pursuant to chapter 440, shall not be considered an
6 agency or part of an agency for the purposes of this chapter.
7 (10)(11) NATIONAL GUARD.--Notwithstanding s.
8 120.52(15), the enlistment, organization, administration,
9 equipment, maintenance, training, and discipline of the
10 militia, National Guard, organized militia, and unorganized
11 militia, as provided by s. 2, Art. X of the State
12 Constitution, are not rules as defined by this chapter.
13 (11)(12) PUBLIC EMPLOYEES RELATIONS COMMISSION.--
14 (a) Notwithstanding s. 120.57(1)(a), hearings within
15 the jurisdiction of the Public Employees Relations Commission
16 need not be conducted by an administrative law judge assigned
17 by the division.
18 (b) Section 120.60 does not apply to certification of
19 employee organizations pursuant to s. 447.307.
20 (12)(13) FLORIDA PUBLIC SERVICE COMMISSION.--
21 (a) Agency statements that relate to cost-recovery
22 clauses, factors, or mechanisms implemented pursuant to
23 chapter 366, relating to public utilities, are exempt from the
24 provisions of s. 120.54(1)(a).
25 (b) Notwithstanding ss. 120.569 and 120.57, a hearing
26 on an objection to proposed action of the Florida Public
27 Service Commission may only address the issues in dispute.
28 Issues in the proposed action which are not in dispute are
29 deemed stipulated.
30
31
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1 (c) The Florida Public Service Commission is exempt
2 from the time limitations in s. 120.60(1) when issuing a
3 license.
4 (d) Notwithstanding the provisions of this chapter, in
5 implementing the Telecommunications Act of 1996, Pub. L. No.
6 104-104, the Public Service Commission is authorized to employ
7 procedures consistent with that act.
8 (e) Notwithstanding the provisions of this chapter, s.
9 350.128, or s. 364.381, appellate jurisdiction for Public
10 Service Commission decisions that implement the
11 Telecommunications Act of 1996, Pub. L. No. 104-104, shall be
12 consistent with the provisions of that act.
13 (f) Notwithstanding any provision of this chapter, all
14 public utilities and companies regulated by the Public Service
15 Commission shall be entitled to proceed under the interim rate
16 provisions of chapter 364 or the procedures for interim rates
17 contained in chapter 74-195, Laws of Florida, or as otherwise
18 provided by law.
19 (13)(14) DEPARTMENT OF REVENUE.--
20 (a) Assessments.--An assessment of tax, penalty, or
21 interest by the Department of Revenue is not a final order as
22 defined by this chapter. Assessments by the Department of
23 Revenue shall be deemed final as provided in the statutes and
24 rules governing the assessment and collection of taxes.
25 (b) Taxpayer contest proceedings.--
26 1. In any administrative proceeding brought pursuant
27 to this chapter as authorized by s. 72.011(1), the taxpayer
28 shall be designated the "petitioner" and the Department of
29 Revenue shall be designated the "respondent," except that for
30 actions contesting an assessment or denial of refund under
31 chapter 207, the Department of Highway Safety and Motor
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1 Vehicles shall be designated the "respondent," and for actions
2 contesting an assessment or denial of refund under chapters
3 210, 550, 561, 562, 563, 564, and 565, the Department of
4 Business and Professional Regulation shall be designated the
5 "respondent."
6 2. In any such administrative proceeding, the
7 applicable department's burden of proof, except as otherwise
8 specifically provided by general law, shall be limited to a
9 showing that an assessment has been made against the taxpayer
10 and the factual and legal grounds upon which the applicable
11 department made the assessment.
12 3.a. Prior to filing a petition under this chapter,
13 the taxpayer shall pay to the applicable department the amount
14 of taxes, penalties, and accrued interest assessed by that
15 department which are not being contested by the taxpayer.
16 Failure to pay the uncontested amount shall result in the
17 dismissal of the action and imposition of an additional
18 penalty of 25 percent of the amount taxed.
19 b. The requirements of s. 72.011(2) and (3)(a) are
20 jurisdictional for any action under this chapter to contest an
21 assessment or denial of refund by the Department of Revenue,
22 the Department of Highway Safety and Motor Vehicles, or the
23 Department of Business and Professional Regulation.
24 4. Except as provided in s. 220.719, further
25 collection and enforcement of the contested amount of an
26 assessment for nonpayment or underpayment of any tax,
27 interest, or penalty shall be stayed beginning on the date a
28 petition is filed. Upon entry of a final order, an agency may
29 resume collection and enforcement action.
30 5. The prevailing party, in a proceeding under ss.
31 120.569 and 120.57 authorized by s. 72.011(1), may recover all
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1 legal costs incurred in such proceeding, including reasonable
2 attorney's fees, if the losing party fails to raise a
3 justiciable issue of law or fact in its petition or response.
4 6. Upon review pursuant to s. 120.68 of final agency
5 action concerning an assessment of tax, penalty, or interest
6 with respect to a tax imposed under chapter 212, or the denial
7 of a refund of any tax imposed under chapter 212, if the court
8 finds that the Department of Revenue improperly rejected or
9 modified a conclusion of law, the court may award reasonable
10 attorney's fees and reasonable costs of the appeal to the
11 prevailing appellant.
12 (c) Proceedings for administrative child support
13 orders.--Notwithstanding the provisions of s. 120.569 or s.
14 120.57 to the contrary, in proceedings for the establishment
15 of administrative support orders pursuant to s. 409.2563,
16 final orders in cases referred by the Department of Revenue to
17 the Division of Administrative Hearings shall be entered by
18 the division's administrative law judge and transmitted to the
19 Department of Revenue for filing and indexing. The Department
20 of Revenue has the right to seek judicial review of a final
21 order entered by an administrative law judge. Administrative
22 support orders rendered pursuant to s. 409.2563 may be
23 enforced pursuant to s. 120.69 or, alternatively, by any
24 method prescribed by law for the enforcement of judicial
25 support orders, except contempt.
26 (14)(15) DEPARTMENT OF HEALTH.--Notwithstanding s.
27 120.57(1)(a), formal hearings may not be conducted by the
28 Secretary of Health, the Secretary of Health Care
29 Administration, or a board or member of a board within the
30 Department of Health or the Agency for Health Care
31 Administration for matters relating to the regulation of
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1 professions, as defined by chapter 456. Notwithstanding s.
2 120.57(1)(a), hearings conducted within the Department of
3 Health in execution of the Special Supplemental Nutrition
4 Program for Women, Infants, and Children; Child Care Food
5 Program; Children's Medical Services Program; the Brain and
6 Spinal Cord Injury Program; and the exemption from
7 disqualification reviews for certified nurse assistants
8 program need not be conducted by an administrative law judge
9 assigned by the division. The Department of Health may
10 contract with the Department of Children and Family Services
11 for a hearing officer in these matters.
12 (15)(16) DEPARTMENT OF ENVIRONMENTAL
13 PROTECTION.--Notwithstanding the provisions of s.
14 120.54(1)(d), the Department of Environmental Protection, in
15 undertaking rulemaking to establish best available control
16 technology, lowest achievable emissions rate, or case-by-case
17 maximum available control technology for purposes of s.
18 403.08725, shall not adopt the lowest regulatory cost
19 alternative if such adoption would prevent the agency from
20 implementing federal requirements.
21 (16)(17) FLORIDA BUILDING COMMISSION.--
22 (a) Notwithstanding the provisions of s. 120.542, the
23 Florida Building Commission may not accept a petition for
24 waiver or variance and may not grant any waiver or variance
25 from the requirements of the Florida Building Code.
26 (b) The Florida Building Commission shall adopt within
27 the Florida Building Code criteria and procedures for
28 alternative means of compliance with the code or local
29 amendments thereto, for enforcement by local governments,
30 local enforcement districts, or other entities authorized by
31 law to enforce the Florida Building Code. Appeals from the
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1 denial of the use of alternative means shall be heard by the
2 local board, if one exists, and may be appealed to the Florida
3 Building Commission.
4 Section 148. Section 121.0312, Florida Statutes, is
5 amended to read:
6 121.0312 Review; actuarial valuation report;
7 contribution rate determination process.--The Governor, Chief
8 Financial Officer Comptroller, and Attorney General Treasurer,
9 sitting as the Board of Trustees of the State Board of
10 Administration, shall review the actuarial valuation report
11 prepared in accordance with the provisions of this chapter.
12 The board shall review the process by which Florida Retirement
13 System contribution rates are determined and recommend and
14 submit any comments regarding the process to the Legislature.
15 Section 149. Paragraph (e) of subsection (1) of
16 section 121.055, Florida Statutes, is amended to read:
17 121.055 Senior Management Service Class.--There is
18 hereby established a separate class of membership within the
19 Florida Retirement System to be known as the "Senior
20 Management Service Class," which shall become effective
21 February 1, 1987.
22 (1)
23 (e) Effective January 1, 1991, participation in the
24 Senior Management Service Class shall be compulsory for the
25 number of senior managers who have policymaking authority with
26 the State Board of Administration, as determined by the
27 Governor, Chief Financial Officer Treasurer, and Attorney
28 General Comptroller acting as the State Board of
29 Administration, unless such member elects to participate in
30 the Senior Management Service Optional Annuity Program as
31 established in subsection (6) in lieu of participation in the
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1 Senior Management Service Class. Such election shall be made
2 in writing and filed with the division and the personnel
3 officer of the State Board of Administration within 90 days
4 after becoming eligible for membership in the Senior
5 Management Service Class.
6 Section 150. Paragraph (a) of subsection (2) of
7 section 121.061, Florida Statutes, is amended to read:
8 121.061 Funding.--
9 (2)(a) Should any employer other than a state employer
10 fail to make the retirement and social security contributions,
11 both member and employer contributions, required by this
12 chapter, then, upon request by the administrator, the
13 Department of Revenue or the Department of Financial Services
14 Banking and Finance, as the case may be, shall deduct the
15 amount owed by the employer from any funds to be distributed
16 by it to the county, city, special district, or consolidated
17 form of government. The amounts so deducted shall be
18 transferred to the administrator for further distribution to
19 the trust funds in accordance with this chapter.
20 Section 151. Section 121.133, Florida Statutes, is
21 amended to read:
22 121.133 Cancellation of uncashed
23 warrants.--Notwithstanding the provisions of s. 17.26 or s.
24 717.123 to the contrary, effective July 1, 1998, if any state
25 warrant issued by the Chief Financial Officer Comptroller for
26 the payment of retirement benefits from the Florida Retirement
27 System Trust Fund, or any other pension trust fund
28 administered by the department, is not presented for payment
29 within 1 year after the last day of the month in which it was
30 originally issued, the Chief Financial Officer Comptroller
31 shall cancel the benefit warrant and credit the amount of the
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1 warrant to the Florida Retirement System Trust Fund or other
2 pension trust fund administered by the department, as
3 appropriate. The department may provide for issuance of a
4 replacement warrant when deemed appropriate.
5 Section 152. Paragraph (b) of subsection (12) of
6 section 121.4501, Florida Statutes, is amended to read:
7 121.4501 Public Employee Optional Retirement
8 Program.--
9 (12) ADVISORY COMMITTEES TO PROVIDE ADVICE AND
10 ASSISTANCE.--The Investment Advisory Council and the Public
11 Employee Optional Retirement Program Advisory Committee shall
12 assist the board in implementing and administering the Public
13 Employee Optional Retirement Program.
14 (b)1. The Public Employee Optional Retirement Program
15 Advisory Committee shall be composed of seven members. The
16 President of the Senate shall appoint two members, the Speaker
17 of the House of Representatives shall appoint two members, the
18 Governor shall appoint two members one member, the Treasurer
19 shall appoint one member, and the Chief Financial Officer
20 Comptroller shall appoint one member. On January 7, 2003, the
21 term of office of the member appointed by the Treasurer and of
22 the member appointed by the Comptroller expires; and the Chief
23 Financial Officer shall choose one of those members for
24 reappointment for the remainder of the term. The members of
25 the advisory committee shall elect a member as chair. The
26 appointments shall be made by September 1, 2000, and the
27 committee shall meet to organize by October 1, 2000. The
28 initial appointments shall be for a term of 24 months. Each
29 appointing authority shall fill any vacancy occurring among
30 its appointees for the remainder of the original term.
31
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1 2. The advisory committee shall make recommendations
2 on the selection of the third-party administrator, the
3 education providers, and the investment products and
4 providers. The committee's recommendations on the third-party
5 administrator must be forwarded to the Trustees of the State
6 Board of Administration by January 1, 2001. The
7 recommendations on the education providers must be forwarded
8 to the trustees by April 1, 2001.
9 3. The advisory committee's recommendations and
10 activities shall be guided by the best interests of the
11 employees, considering the interests of employers, and the
12 intent of the Legislature in establishing the Public Employee
13 Optional Retirement Program.
14 4. The staff of the state board and the department
15 shall assist the advisory committee.
16 Section 153. Paragraphs (a) and (b) of subsection (11)
17 of section 125.0104, Florida Statutes, are amended to read:
18 125.0104 Tourist development tax; procedure for
19 levying; authorized uses; referendum; enforcement.--
20 (11) INTEREST PAID ON DISTRIBUTIONS.--
21 (a) Interest shall be paid on undistributed taxes
22 collected and remitted to the Department of Revenue under this
23 section. Such interest shall be included along with the tax
24 proceeds distributed to the counties and shall be paid from
25 moneys transferred from the General Revenue Fund. The
26 department shall calculate the interest for net tax
27 distributions using the average daily rate that was earned by
28 the State Treasury for the preceding calendar quarter and paid
29 to the General Revenue Fund. This rate shall be certified by
30 the Chief Financial Officer Treasurer to the department by the
31 20th day following the close of each quarter.
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1 (b) The interest applicable to taxes collected under
2 this section shall be calculated by multiplying the tax
3 amounts to be distributed times the daily rate times the
4 number of days after the third working day following the date
5 the tax is due and payable pursuant to s. 212.11 until the
6 date the department issues a voucher to request the Chief
7 Financial Officer Comptroller to issue the payment warrant.
8 The warrant shall be issued within 7 days after the request.
9 Section 154. Paragraph (b) of subsection (2) of
10 section 129.201, Florida Statutes, is amended to read:
11 129.201 Budget of supervisor of elections; manner and
12 time of preparation and presentation.--
13 (2)
14 (b) To the extent appropriate, the budget shall be
15 further itemized in conformance with the Uniform Accounting
16 System for Local Units of Government in Florida adopted
17 promulgated by rule of the Chief Financial Officer Comptroller
18 of the state.
19 Section 155. Section 131.05, Florida Statutes, is
20 amended to read:
21 131.05 Disposition of proceeds of sale.--In the event
22 refunding bonds are issued under the provisions of this
23 chapter prior to the date of maturity or option date of the
24 obligations proposed to be refunded, the proceeds of said
25 refunding bonds shall be deposited in a bank or trust company
26 within the state, which depository shall give a surety bond,
27 or other such bonds as are authorized by law to be accepted
28 for securing county and city funds, satisfactory to the
29 Department of Financial Services Banking and Finance for the
30 full amount of money so deposited, and the funds so deposited
31 shall only be withdrawn with the approval of the department,
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1 for the purpose of paying the obligations to refund which said
2 bonds were issued.
3 Section 156. Section 137.09, Florida Statutes, is
4 amended to read:
5 137.09 Justification and approval of bonds.--Each
6 surety upon every bond of any county officer shall make
7 affidavit that he or she is a resident of the county for which
8 the officer is to be commissioned, and that he or she has
9 sufficient visible property therein unencumbered and not
10 exempt from sale under legal process to make good his or her
11 bond. Every such bond shall be approved by the board of
12 county commissioners and by the Department of Financial
13 Services Banking and Finance when they and it are satisfied in
14 their judgment that the same is legal, sufficient, and proper
15 to be approved.
16 Section 157. Section 145.141, Florida Statutes, is
17 amended to read:
18 145.141 Deficiency to be paid by board of county
19 commissioners.--Should any county officer have insufficient
20 revenue from the income of his or her office, after paying
21 office personnel and expenses, to pay his or her total annual
22 salary, the board of county commissioners shall pay any
23 deficiency in salary from the general revenue fund and notify
24 the Department of Financial Services Banking and Finance. The
25 deficiency shall be listed in the comptroller's annual report
26 of county finances and county fee officers.
27 Section 158. Subsections (1) and (2) of section
28 154.02, Florida Statutes, are amended to read:
29 154.02 County Health Department Trust Fund.--
30 (1) To enable counties to provide public health
31 services and maintain public health equipment and facilities,
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1 each county in the state with a population exceeding 100,000,
2 according to the last state census, may levy an annual tax not
3 exceeding 0.5 mill; each county in the state with a population
4 exceeding 40,000 and not exceeding 100,000, according to the
5 last state census, may levy an annual tax not exceeding 1
6 mill; and each county in the state with a population not
7 exceeding 40,000, according to the last state census, may levy
8 an annual tax not exceeding 2 mills, on the dollar on all
9 taxable property in such county, the proceeds of which tax, if
10 so contracted with the state, shall be paid to the Chief
11 Financial Officer Treasurer. However, the board of county
12 commissioners may elect to pay in 12 equal monthly
13 installments. Such funds in the hands of the Chief Financial
14 Officer Treasurer shall be placed in the county health
15 department trust funds of the county by which such funds were
16 raised, and such funds shall be expended by the Department of
17 Health solely for the purpose of carrying out the intent and
18 object of the public health contract.
19 (2) The Chief Financial Officer Treasurer shall
20 maintain a full-time County Health Department Trust Fund which
21 shall contain all state and local funds to be expended by
22 county health departments. Such funds shall be expended by
23 the Department of Health solely for the purposes of carrying
24 out the intent and purpose of this part. Federal funds may be
25 deposited in the trust fund.
26 Section 159. Subsection (1) of section 154.03, Florida
27 Statutes, is amended to read:
28 154.03 Cooperation with Department of Health and
29 United States Government.--
30 (1) The county commissioners of any county may agree
31 with the Department of Health upon the expenditure by the
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1 department in such county of any funds allotted for that
2 purpose by the department or received by it for such purposes
3 from private contributions or other sources, and such funds
4 shall be paid to the Chief Financial Officer Treasurer and
5 shall form a part of the full-time county health department
6 trust fund of such county; and such funds shall be expended by
7 the department solely for the purposes of this chapter. The
8 department is further authorized to arrange and agree with the
9 United States Government, through its duly authorized
10 officials, for the allocation and expenditure by the United
11 States of funds of the United States in the study of causes of
12 disease and prevention thereof in such full-time county health
13 departments when and where established by the department under
14 this part.
15 Section 160. Section 154.05, Florida Statutes, is
16 amended to read:
17 154.05 Cooperation and agreements between
18 counties.--Two or more counties may combine in the
19 establishment and maintenance of a single full-time county
20 health department for the counties which combine for that
21 purpose; and, pursuant to such combination or agreement, such
22 counties may cooperate with one another and the Department of
23 Health and contribute to a joint fund in carrying out the
24 purpose and intent of this chapter. The duration and nature
25 of such agreement shall be evidenced by resolutions of the
26 boards of county commissioners of such counties and shall be
27 submitted to and approved by the department. In the event of
28 any such agreement, a full-time county health department shall
29 be established and maintained by the department in and for the
30 benefit of the counties which have entered into such an
31 agreement; and, in such case, the funds raised by taxation
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1 pursuant to this chapter by each such county shall be paid to
2 the Chief Financial Officer Treasurer for the account of the
3 department and shall be known as the full-time county health
4 department trust fund of the counties so cooperating. Such
5 trust funds shall be used and expended by the department for
6 the purposes specified in this chapter in each county which
7 has entered into such agreement. In case such an agreement is
8 entered into between two or more counties, the work
9 contemplated by this chapter shall be done by a single
10 full-time county health department in the counties so
11 cooperating; and the nature, extent, and location of such work
12 shall be under the control and direction of the department.
13 Section 161. Subsection (2) of section 154.06, Florida
14 Statutes, is amended to read:
15 154.06 Fees and services rendered; authority.--
16 (2) All funds collected under this section shall be
17 expended solely for the purpose of providing health services
18 and facilities within the county served by the county health
19 department. Fees collected by county health departments
20 pursuant to department rules shall be deposited with the Chief
21 Financial Officer Treasurer and credited to the County Health
22 Department Trust Fund. Fees collected by the county health
23 department for public health services or personal health
24 services shall be allocated to the state and the county based
25 upon the pro rata share of funding for each such service. The
26 board of county commissioners, if it has so contracted, shall
27 provide for the transmittal of funds collected for its pro
28 rata share of personal health services or primary care
29 services rendered under the provisions of this section to the
30 State Treasury for credit to the County Health Department
31
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1 Trust Fund, but in any event the proceeds from such fees may
2 only be used to fund county health department services.
3 Section 162. Paragraphs (d) and (e) of subsection (17)
4 of section 154.209, Florida Statutes, are amended to read:
5 154.209 Powers of authority.--The purpose of the
6 authority shall be to assist health facilities in the
7 acquisition, construction, financing, and refinancing of
8 projects in any corporated or unincorporated area within the
9 geographical limits of the local agency. For this purpose,
10 the authority is authorized and empowered:
11 (17) To issue special obligation revenue bonds for the
12 purpose of establishing and maintaining the self-insurance
13 pool and to provide reserve funds in connection therewith,
14 such bonds to be payable from funds available in the pool from
15 time to time or from assessments against participating health
16 facilities for the purpose of providing required contributions
17 to the fund. With respect to the issuance of such bonds or
18 notes the following provisions shall apply:
19 (d) Any self-insurance pool funded pursuant to this
20 section shall maintain excess insurance which provides
21 specific and aggregate limits and a retention level determined
22 in accordance with sound actuarial principles. The Department
23 of Financial Services Insurance may waive this requirement if
24 the fund demonstrates that its operation is and will be
25 actuarially sound without obtaining excess insurance.
26 (e) Prior to the issuance of any bonds pursuant to
27 this section for the purpose of acquiring liability coverage
28 contracts from the self-insurance pool, the Department of
29 Financial Services Insurance shall certify that excess
30 liability coverage for the health facility is reasonably
31 unobtainable in the amounts provided by such pool or that the
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1 liability coverage obtained through acquiring contracts from
2 the self-insurance pool, after taking into account costs of
3 issuance of bonds and any other administrative fees, is less
4 expensive to the health facility than similar commercial
5 coverage then reasonably available.
6 Section 163. Section 154.314, Florida Statutes, is
7 amended to read:
8 154.314 Certification of the State of Florida.--
9 (1) In the event payment for the costs of services
10 rendered by a participating hospital or a regional referral
11 hospital is not received from the responsible county within 90
12 days of receipt of a statement for services rendered to a
13 qualified indigent who is a certified resident of the county,
14 or if the payment is disputed and said payment is not received
15 from the county determined to be responsible within 60 days of
16 the date of exhaustion of all administrative and legal
17 remedies, the hospital shall certify to the Chief Financial
18 Officer Comptroller the amount owed by the county.
19 (2) The Chief Financial Officer Comptroller shall have
20 no longer than 45 days from the date of receiving the
21 hospital's certified notice to forward the amount delinquent
22 to the appropriate hospital from any funds due to the county
23 under any revenue-sharing or tax-sharing fund established by
24 the state, except as otherwise provided by the State
25 Constitution. The Chief Financial Officer Comptroller shall
26 provide the Governor and the fiscal committees in the House of
27 Representatives and the Senate with a quarterly accounting of
28 the amounts certified by hospitals as owed by counties and the
29 amount paid to hospitals out of any revenue or tax sharing
30 funds due to the county.
31
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1 Section 164. Paragraph (e) of subsection (7) of
2 section 163.01, Florida Statutes, is amended to read:
3 163.01 Florida Interlocal Cooperation Act of 1969.--
4 (7)
5 (e)1. Notwithstanding the provisions of paragraph (c),
6 any separate legal entity, created pursuant to the provisions
7 of this section and controlled by counties or municipalities
8 of this state, the membership of which consists or is to
9 consist only of public agencies of this state, may, for the
10 purpose of financing acquisition of liability coverage
11 contracts from one or more local government liability pools to
12 provide liability coverage for counties, municipalities, or
13 other public agencies of this state, exercise all powers in
14 connection with the authorization, issuance, and sale of
15 bonds. All of the privileges, benefits, powers, and terms of
16 s. 125.01 relating to counties and s. 166.021 relating to
17 municipalities shall be fully applicable to such entity and
18 such entity shall be considered a unit of local government for
19 all of the privileges, benefits, powers, and terms of part I
20 of chapter 159. Bonds issued by such entity shall be deemed
21 issued on behalf of counties, municipalities, or public
22 agencies which enter into loan agreements with such entity as
23 provided in this paragraph. Proceeds of bonds issued by such
24 entity may be loaned to counties, municipalities, or other
25 public agencies of this state, whether or not such counties,
26 municipalities, or other public agencies are also members of
27 the entity issuing the bonds, and such counties,
28 municipalities, or other public agencies may in turn deposit
29 such loan proceeds with a separate local government liability
30 pool for purposes of acquiring liability coverage contracts.
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1 2. Counties or municipalities of this state are
2 authorized pursuant to this section, in addition to the
3 authority provided by s. 125.01, part II of chapter 166, and
4 other applicable law, to issue bonds for the purpose of
5 acquiring liability coverage contracts from a local government
6 liability pool. Any individual county or municipality may, by
7 entering into interlocal agreements with other counties,
8 municipalities, or public agencies of this state, issue bonds
9 on behalf of itself and other counties, municipalities, or
10 other public agencies, for purposes of acquiring a liability
11 coverage contract or contracts from a local government
12 liability pool. Counties, municipalities, or other public
13 agencies are also authorized to enter into loan agreements
14 with any entity created pursuant to subparagraph 1., or with
15 any county or municipality issuing bonds pursuant to this
16 subparagraph, for the purpose of obtaining bond proceeds with
17 which to acquire liability coverage contracts from a local
18 government liability pool. No county, municipality, or other
19 public agency shall at any time have more than one loan
20 agreement outstanding for the purpose of obtaining bond
21 proceeds with which to acquire liability coverage contracts
22 from a local government liability pool. Obligations of any
23 county, municipality, or other public agency of this state
24 pursuant to a loan agreement as described above may be
25 validated as provided in chapter 75. Prior to the issuance of
26 any bonds pursuant to subparagraph 1. or this subparagraph for
27 the purpose of acquiring liability coverage contracts from a
28 local government liability pool, the reciprocal insurer or the
29 manager of any self-insurance program shall demonstrate to the
30 satisfaction of the Department of Financial Services Insurance
31 that excess liability coverage for counties, municipalities,
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1 or other public agencies is reasonably unobtainable in the
2 amounts provided by such pool or that the liability coverage
3 obtained through acquiring contracts from a local government
4 liability pool, after taking into account costs of issuance of
5 bonds and any other administrative fees, is less expensive to
6 counties, municipalities, or special districts than similar
7 commercial coverage then reasonably available.
8 3. Any entity created pursuant to this section or any
9 county or municipality may also issue bond anticipation notes,
10 as provided by s. 215.431, in connection with the
11 authorization, issuance, and sale of such bonds. In addition,
12 the governing body of such legal entity or the governing body
13 of such county or municipality may also authorize bonds to be
14 issued and sold from time to time and may delegate, to such
15 officer, official, or agent of such legal entity as the
16 governing body of such legal entity may select, the power to
17 determine the time; manner of sale, public or private;
18 maturities; rate or rates of interest, which may be fixed or
19 may vary at such time or times and in accordance with a
20 specified formula or method of determination; and other terms
21 and conditions as may be deemed appropriate by the officer,
22 official, or agent so designated by the governing body of such
23 legal entity. However, the amounts and maturities of such
24 bonds and the interest rate or rates of such bonds shall be
25 within the limits prescribed by the governing body of such
26 legal entity and its resolution delegating to such officer,
27 official, or agent the power to authorize the issuance and
28 sale of such bonds. Any series of bonds issued pursuant to
29 this paragraph shall mature no later than 7 years following
30 the date of issuance thereof.
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1 4. Bonds issued pursuant to subparagraph 1. may be
2 validated as provided in chapter 75. The complaint in any
3 action to validate such bonds shall be filed only in the
4 Circuit Court for Leon County. The notice required to be
5 published by s. 75.06 shall be published in Leon County and in
6 each county which is an owner of the entity issuing the bonds,
7 or in which a member of the entity is located, and the
8 complaint and order of the circuit court shall be served only
9 on the State Attorney of the Second Judicial Circuit and on
10 the state attorney of each circuit in each county or
11 municipality which is an owner of the entity issuing the bonds
12 or in which a member of the entity is located.
13 5. Bonds issued pursuant to subparagraph 2. may be
14 validated as provided in chapter 75. The complaint in any
15 action to validate such bonds shall be filed in the circuit
16 court of the county or municipality which will issue the
17 bonds. The notice required to be published by s. 75.06 shall
18 be published only in the county where the complaint is filed,
19 and the complaint and order of the circuit court shall be
20 served only on the state attorney of the circuit in the county
21 or municipality which will issue the bonds.
22 6. The participation by any county, municipality, or
23 other public agency of this state in a local government
24 liability pool shall not be deemed a waiver of immunity to the
25 extent of liability coverage, nor shall any contract entered
26 regarding such a local government liability pool be required
27 to contain any provision for waiver.
28 Section 165. Subsections (4), (5), (6), (7), (8), and
29 (9) of section 163.05, Florida Statutes, are amended to read:
30 163.05 Small County Technical Assistance Program.--
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1 (4) The Chief Financial Officer Comptroller shall
2 enter into contracts with program providers who shall:
3 (a) Be a public agency or private, nonprofit
4 corporation, association, or entity.
5 (b) Use existing resources, services, and information
6 that are available from state or local agencies, universities,
7 or the private sector.
8 (c) Seek and accept funding from any public or private
9 source.
10 (d) Annually submit information to assist the
11 Legislative Committee on Intergovernmental Relations in
12 preparing a performance review that will include an analysis
13 of the effectiveness of the program.
14 (e) Assist small counties in developing alternative
15 revenue sources.
16 (f) Provide assistance to small counties in the areas
17 of financial management, accounting, investing, purchasing,
18 planning and budgeting, debt issuance, public management,
19 management systems, computers and information technology, and
20 public safety management.
21 (g) Provide for an annual independent financial audit
22 of the program.
23 (h) In each county served, conduct a needs assessment
24 upon which the assistance provided for that county will be
25 designed.
26 (5)(a) The Chief Financial Officer Comptroller shall
27 issue a request for proposals to provide assistance to small
28 counties. At the request of the Chief Financial Officer
29 Comptroller, the Legislative Committee on Intergovernmental
30 Relations shall assist in the preparation of the request for
31 proposals.
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1 (b) The Chief Financial Officer Comptroller shall
2 review each contract proposal submitted.
3 (c) The Legislative Committee on Intergovernmental
4 Relations shall review each contract proposal and submit to
5 the Chief Financial Officer Comptroller, in writing, advisory
6 comments and recommendations, citing with specificity the
7 reasons for its recommendations.
8 (d) The Chief Financial Officer Comptroller and the
9 council shall consider the following factors in reviewing
10 contract proposals:
11 1. The demonstrated capacity of the provider to
12 conduct needs assessments and implement the program as
13 proposed.
14 2. The number of small counties to be served under the
15 proposal.
16 3. The cost of the program as specified in a proposed
17 budget.
18 4. The short-term and long-term benefits of the
19 assistance to small counties.
20 5. The form and extent to which existing resources,
21 services, and information that are available from state and
22 local agencies, universities, and the private sector will be
23 used by the provider under the contract.
24 (6) A decision of the Chief Financial Officer
25 Comptroller to award a contract under this section is final
26 and shall be in writing with a copy provided to the
27 Legislative Committee on Intergovernmental Relations.
28 (7) The Chief Financial Officer Comptroller may enter
29 into contracts and agreements with other state and local
30 agencies and with any person, association, corporation, or
31
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1 entity other than the program providers, for the purpose of
2 administering this section.
3 (8) The Chief Financial Officer Comptroller shall
4 provide fiscal oversight to ensure that funds expended for the
5 program are used in accordance with the contracts entered into
6 pursuant to subsection (4).
7 (9) The Legislative Committee on Intergovernmental
8 Relations shall annually conduct a performance review of the
9 program. The findings of the review shall be presented in a
10 report submitted to the Governor, the President of the Senate,
11 the Speaker of the House of Representatives, and the Chief
12 Financial Officer Comptroller by January 15 of each year.
13 Section 166. Subsections (4), (5), (6), (7), (8), and
14 (9) of section 163.055, Florida Statutes, are amended to read:
15 163.055 Local Government Financial Technical
16 Assistance Program.--
17 (4) The Chief Financial Officer Comptroller shall
18 enter into contracts with program providers who shall:
19 (a) Be a public agency or private, nonprofit
20 corporation, association, or entity.
21 (b) Use existing resources, services, and information
22 that are available from state or local agencies, universities,
23 or the private sector.
24 (c) Seek and accept funding from any public or private
25 source.
26 (d) Annually submit information to assist the
27 Legislative Committee on Intergovernmental Relations in
28 preparing a performance review that will include an analysis
29 of the effectiveness of the program.
30 (e) Assist municipalities and independent special
31 districts in developing alternative revenue sources.
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1 (f) Provide for an annual independent financial audit
2 of the program, if the program receives funding.
3 (g) Provide assistance to municipalities and special
4 districts in the areas of financial management, accounting,
5 investing, budgeting, and debt issuance.
6 (h) Develop a needs assessment to determine where
7 assistance should be targeted, and to establish a priority
8 system to deliver assistance to those jurisdictions most in
9 need through the most economical means available.
10 (i) Provide financial emergency assistance upon
11 direction from the Executive Office of the Governor pursuant
12 to s. 218.503.
13 (5)(a) The Chief Financial Officer Comptroller shall
14 issue a request for proposals to provide assistance to
15 municipalities and special districts. At the request of the
16 Chief Financial Officer Comptroller, the Legislative Committee
17 on Intergovernmental Relations shall assist in the preparation
18 of the request for proposals.
19 (b) The Chief Financial Officer Comptroller shall
20 review each contract proposal submitted.
21 (c) The Legislative Committee on Intergovernmental
22 Relations shall review each contract proposal and submit to
23 the Chief Financial Officer Comptroller, in writing, advisory
24 comments and recommendations, citing with specificity the
25 reasons for its recommendations.
26 (d) The Chief Financial Officer Comptroller and the
27 Legislative Committee on Intergovernmental Relations shall
28 consider the following factors in reviewing contract
29 proposals:
30
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 municipalities and special districts
5 to be served under the 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 municipalities and special districts.
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 167. Subsection (6) of section 163.3167,
4 Florida Statutes, is amended to read:
5 163.3167 Scope of act.--
6 (6) When a regional planning agency is required to
7 prepare or amend a comprehensive plan, or element or portion
8 thereof, pursuant to subsections (3) and (4), the regional
9 planning agency and the local government may agree to a method
10 of compensating the regional planning agency for any
11 verifiable, direct costs incurred. If an agreement is not
12 reached within 6 months after the date the regional planning
13 agency assumes planning responsibilities for the local
14 government pursuant to subsections (3) and (4) or by the time
15 the plan or element, or portion thereof, is completed,
16 whichever is earlier, the regional planning agency shall file
17 invoices for verifiable, direct costs involved with the
18 governing body. Upon the failure of the local government to
19 pay such invoices within 90 days, the regional planning agency
20 may, upon filing proper vouchers with the Chief Financial
21 Officer State Comptroller, request payment by the Chief
22 Financial Officer State Comptroller from unencumbered revenue
23 or other tax sharing funds due such local government from the
24 state for work actually performed, and the Chief Financial
25 Officer State Comptroller shall pay such vouchers; however,
26 the amount of such payment shall not exceed 50 percent of such
27 funds due such local government in any one year.
28 Section 168. Subsection (1) of section 175.101,
29 Florida Statutes, is amended to read:
30 175.101 State excise tax on property insurance
31 premiums authorized; procedure.--For any municipality, special
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1 fire control district, chapter plan, local law municipality,
2 local law special fire control district, or local law plan
3 under this chapter:
4 (1) Each municipality or special fire control district
5 in this state described and classified in s. 175.041, having a
6 lawfully established firefighters' pension trust fund or
7 municipal fund or special fire control district fund, by
8 whatever name known, providing pension benefits to
9 firefighters as provided under this chapter, may assess and
10 impose on every insurance company, corporation, or other
11 insurer now engaged in or carrying on, or who shall
12 hereinafter engage in or carry on, the business of property
13 insurance as shown by the records of the Department of
14 Financial Services Insurance an excise tax in addition to any
15 lawful license or excise tax now levied by each of the
16 municipalities or special fire control districts,
17 respectively, amounting to 1.85 percent of the gross amount of
18 receipts of premiums from policyholders on all premiums
19 collected on property insurance policies covering property
20 within the corporate limits of such municipalities or within
21 the legally defined boundaries of special fire control
22 districts, respectively. Whenever the boundaries of a special
23 fire control district that has lawfully established a
24 firefighters' pension trust fund encompass a portion of the
25 corporate territory of a municipality that has also lawfully
26 established a firefighters' pension trust fund, that portion
27 of the tax receipts attributable to insurance policies
28 covering property situated both within the municipality and
29 the special fire control district shall be given to the fire
30 service provider. The agent shall identify the fire service
31 provider on the property owner's application for insurance.
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1 Remaining revenues collected pursuant to this chapter shall be
2 distributed to the municipality or special fire control
3 district according to the location of the insured property.
4 Section 169. Subsection (2) of section 175.121,
5 Florida Statutes, is amended to read:
6 175.121 Department of Revenue and Division of
7 Retirement to keep accounts of deposits; disbursements.--For
8 any municipality or special fire control district having a
9 chapter or local law plan established pursuant to this
10 chapter:
11 (2) The Chief Financial Officer Comptroller shall, on
12 or before July 1 of each year, and at such other times as
13 authorized by the division, draw his or her warrants on the
14 full net amount of money then on deposit in the Police and
15 Firefighters' Premium Tax Trust Fund pursuant to this chapter,
16 specifying the municipalities and special fire control
17 districts to which the moneys must be paid and the net amount
18 collected for and to be paid to each municipality or special
19 fire control district, respectively, subject to the limitation
20 on disbursement under s. 175.122. The sum payable to each
21 municipality or special fire control district is appropriated
22 annually out of the Police and Firefighters' Premium Tax Trust
23 Fund. The warrants of the Chief Financial Officer Comptroller
24 shall be payable to the respective municipalities and special
25 fire control districts entitled to receive them and shall be
26 remitted annually by the division to the respective
27 municipalities and special fire control districts. In lieu
28 thereof, the municipality or special fire control district may
29 provide authorization to the division for the direct payment
30 of the premium tax to the board of trustees. In order for a
31 municipality or special fire control district and its pension
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1 fund to participate in the distribution of premium tax moneys
2 under this chapter, all the provisions shall be complied with
3 annually, including state acceptance pursuant to part VII of
4 chapter 112.
5 Section 170. Section 175.151, Florida Statutes, is
6 amended to read:
7 175.151 Penalty for failure of insurers to comply with
8 this act.--If Should any insurance company, corporation or
9 other insurer fails fail to comply with the provisions of this
10 act, on or before March 1 of each year as herein provided, the
11 certificate of authority issued to said insurance company,
12 corporation or other insurer to transact business in this
13 state may be canceled and revoked by the Department of
14 Financial Services Insurance, and it is unlawful for any such
15 insurance company, corporation, or other insurer to transact
16 business thereafter in this state unless such insurance
17 company, corporation, or other insurer shall be granted a new
18 certificate of authority to transact any business in this
19 state, in compliance with provisions of law authorizing such
20 certificate of authority to be issued. The division is
21 responsible for notifying the Department of Financial Services
22 Insurance regarding any such failure to comply.
23 Section 171. Subsection (1) of section 185.08, Florida
24 Statutes, is amended to read:
25 185.08 State excise tax on casualty insurance premiums
26 authorized; procedure.--For any municipality, chapter plan,
27 local law municipality, or local law plan under this chapter:
28 (1) Each incorporated municipality in this state
29 described and classified in s. 185.03, as well as each other
30 city or town of this state which on July 31, 1953, had a
31 lawfully established municipal police officers' retirement
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1 trust fund or city fund, by whatever name known, providing
2 pension or relief benefits to police officers as provided
3 under this chapter, may assess and impose on every insurance
4 company, corporation, or other insurer now engaged in or
5 carrying on, or who shall hereafter engage in or carry on, the
6 business of casualty insurance as shown by records of the
7 Department of Financial Services Insurance, an excise tax in
8 addition to any lawful license or excise tax now levied by
9 each of the said municipalities, respectively, amounting to
10 .85 percent of the gross amount of receipts of premiums from
11 policyholders on all premiums collected on casualty insurance
12 policies covering property within the corporate limits of such
13 municipalities, respectively.
14 Section 172. Subsection (2) of section 185.10, Florida
15 Statutes, is amended to read:
16 185.10 Department of Revenue and Division of
17 Retirement to keep accounts of deposits; disbursements.--For
18 any municipality having a chapter plan or local law plan under
19 this chapter:
20 (2) The Chief Financial Officer Comptroller shall, on
21 or before July 1 of each year, and at such other times as
22 authorized by the division, draw his or her warrants on the
23 full net amount of money then on deposit pursuant to this
24 chapter in the Police and Firefighters' Premium Tax Trust
25 Fund, specifying the municipalities to which the moneys must
26 be paid and the net amount collected for and to be paid to
27 each municipality, respectively. The sum payable to each
28 municipality is appropriated annually out of the Police and
29 Firefighters' Premium Tax Trust Fund. The warrants of the
30 Chief Financial Officer Comptroller shall be payable to the
31 respective municipalities entitled to receive them and shall
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1 be remitted annually by the division to the respective
2 municipalities. In lieu thereof, the municipality may provide
3 authorization to the division for the direct payment of the
4 premium tax to the board of trustees. In order for a
5 municipality and its retirement fund to participate in the
6 distribution of premium tax moneys under this chapter, all the
7 provisions shall be complied with annually, including state
8 acceptance pursuant to part VII of chapter 112.
9 Section 173. Section 185.13, Florida Statutes, is
10 amended to read:
11 185.13 Failure of insurer to comply with chapter;
12 penalty.--If Should any insurance company, corporation or
13 other insurer fails fail to comply with the provisions of this
14 chapter, on or before March 1 in each year as herein provided,
15 the certificate of authority issued to said insurance company,
16 corporation or other insurer to transact business in this
17 state may be canceled and revoked by the Department of
18 Financial Services Insurance, and it is unlawful for any such
19 insurance company, corporation or other insurer to transact
20 any business thereafter in this state unless such insurance
21 company, corporation or other insurer shall be granted a new
22 certificate of authority to transact business in this state,
23 in compliance with provisions of law authorizing such
24 certificate of authority to be issued. The division shall be
25 responsible for notifying the Department of Financial Services
26 Insurance regarding any such failure to comply.
27 Section 174. Subsections (2), (3), and (5) of section
28 189.4035, Florida Statutes, are amended to read:
29 189.4035 Preparation of official list of special
30 districts.--
31
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1 (2) The official list shall be produced by the
2 department after the department has notified each special
3 district that is currently reporting to the department, the
4 Department of Financial Services Banking and Finance pursuant
5 to s. 218.32, or the Auditor General pursuant to s. 218.39.
6 Upon notification, each special district shall submit, within
7 60 days, its determination of its status. The determination
8 submitted by a special district shall be consistent with the
9 status reported in the most recent local government audit of
10 district activities submitted to the Auditor General pursuant
11 to s. 218.39.
12 (3) The Department of Financial Services Banking and
13 Finance shall provide the department with a list of dependent
14 special districts reporting pursuant to s. 218.32 for
15 inclusion on the official list of special districts.
16 (5) The official list of special districts shall be
17 distributed by the department on October 1 of each year to the
18 President of the Senate, the Speaker of the House of
19 Representatives, the Auditor General, the Department of
20 Revenue, the Department of Financial Services Banking and
21 Finance, the Department of Management Services, the State
22 Board of Administration, counties, municipalities, county
23 property appraisers, tax collectors, and supervisors of
24 elections and to all interested parties who request the list.
25 Section 175. Subsection (1) of section 189.412,
26 Florida Statutes, is amended to read:
27 189.412 Special District Information Program; duties
28 and responsibilities.--The Special District Information
29 Program of the Department of Community Affairs is created and
30 has the following special duties:
31
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1 (1) The collection and maintenance of special district
2 compliance status reports from the Auditor General, the
3 Department of Financial Services Banking and Finance, the
4 Division of Bond Finance of the State Board of Administration,
5 the Department of Management Services, the Department of
6 Revenue, and the Commission on Ethics for the reporting
7 required in ss. 112.3144, 112.3145, 112.3148, 112.3149,
8 112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17
9 and chapter 121 and from state agencies administering programs
10 that distribute money to special districts. The special
11 district compliance status reports must consist of a list of
12 special districts used in that state agency and a list of
13 which special districts did not comply with the reporting
14 statutorily required by that agency.
15 Section 176. Section 189.427, Florida Statutes, is
16 amended to read:
17 189.427 Fee schedule; Operating Trust Fund.--The
18 Department of Community Affairs, by rule, shall establish a
19 schedule of fees to pay one-half of the costs incurred by the
20 department in administering this act, except that the fee may
21 not exceed $175 per district per year. The fees collected
22 under this section shall be deposited in the Operating Trust
23 Fund, which shall be administered by the Department of
24 Community Affairs. Any fee rule must consider factors such as
25 the dependent and independent status of the district and
26 district revenues for the most recent fiscal year as reported
27 to the Department of Financial Services Banking and Finance.
28 The department may assess fines of not more than $25, with an
29 aggregate total not to exceed $50, as penalties against
30 special districts that fail to remit required fees to the
31 department. It is the intent of the Legislature that general
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1 revenue funds will be made available to the department to pay
2 one-half of the cost of administering this act.
3 Section 177. Subsection (3) of section 190.007,
4 Florida Statutes, is amended to read:
5 190.007 Board of supervisors; general duties.--
6 (3) The board is authorized to select as a depository
7 for its funds any qualified public depository as defined in s.
8 280.02 which meets all the requirements of chapter 280 and has
9 been designated by the Chief Financial Officer Treasurer as a
10 qualified public depository, upon such terms and conditions as
11 to the payment of interest by such depository upon the funds
12 so deposited as the board may deem just and reasonable.
13 Section 178. Subsection (16) of section 191.006,
14 Florida Statutes, is amended to read:
15 191.006 General powers.--The district shall have, and
16 the board may exercise by majority vote, the following powers:
17 (16) To select as a depository for its funds any
18 qualified public depository as defined in s. 280.02 which
19 meets all the requirements of chapter 280 and has been
20 designated by the Chief Financial Officer State Treasurer as a
21 qualified public depository, upon such terms and conditions as
22 to the payment of interest upon the funds deposited as the
23 board deems just and reasonable.
24 Section 179. Subsection (4) of section 192.091,
25 Florida Statutes, is amended to read:
26 192.091 Commissions of property appraisers and tax
27 collectors.--
28 (4) The commissions for collecting taxes assessed for
29 or levied by the state shall be audited, and allowed, by the
30 Comptroller and shall be paid by the Chief Financial Officer
31 Treasurer as other Comptroller's warrants are paid; and
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1 commissions for collecting the county taxes shall be audited
2 and paid by the boards of county commissioners of the several
3 counties of this state. The commissions for collecting all
4 special school district taxes shall be audited by the school
5 board of each respective district and taken out of the funds
6 of the respective special school district under its control
7 and allowed and paid to the tax collectors for collecting such
8 taxes; and the commissions for collecting all other district
9 taxes, whether special or not, shall be audited and paid by
10 the governing board or commission having charge of the
11 financial obligations of such district. All commissions for
12 collecting special tax district taxes shall be paid at the
13 time and in the manner now, or as may hereafter be, provided
14 for the payment of the commissions for the collection of
15 county taxes. All amounts paid as compensation to any tax
16 collector under the provisions of this or any other law shall
17 be a part of the general income or compensation of such
18 officer for the year in which received, and nothing contained
19 in this section shall be held or construed to affect or
20 increase the maximum salary as now provided by law for any
21 such officer.
22 Section 180. Subsection (3) of section 192.102,
23 Florida Statutes, is amended to read:
24 192.102 Payment of property appraisers' and
25 collectors' commissions.--
26 (3) The Chief Financial Officer Comptroller of the
27 state shall issue to each of the county property appraisers
28 and collectors of taxes, on the first Monday of January,
29 April, July, and October, on demand of such county property
30 appraisers and collectors of taxes after approval by the
31 Department of Revenue, and shall pay, his or her warrant,
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1 which shall be paid by the Treasurer of the state, for an
2 amount equal to one-fourth of four-fifths of the total amount
3 of commissions received by such county property appraisers and
4 collectors of taxes or their predecessors in office from the
5 state during and for the preceding year, and the balance of
6 the commissions earned by such county property appraiser and
7 collector of taxes, respectively, during each year, over and
8 above the amount of such installment payments herein provided
9 for, shall be payable when a report of errors and double
10 assessments is approved by the county commissioners and a copy
11 thereof filed with the Department of Revenue.
12 Section 181. Subsection (1) of section 193.092,
13 Florida Statutes, is amended to read:
14 193.092 Assessment of property for back taxes.--
15 (1) When it shall appear that any ad valorem tax might
16 have been lawfully assessed or collected upon any property in
17 the state, but that such tax was not lawfully assessed or
18 levied, and has not been collected for any year within a
19 period of 3 years next preceding the year in which it is
20 ascertained that such tax has not been assessed, or levied, or
21 collected, then the officers authorized shall make the
22 assessment of taxes upon such property in addition to the
23 assessment of such property for the current year, and shall
24 assess the same separately for such property as may have
25 escaped taxation at and upon the basis of valuation applied to
26 such property for the year or years in which it escaped
27 taxation, noting distinctly the year when such property
28 escaped taxation and such assessment shall have the same force
29 and effect as it would have had if it had been made in the
30 year in which the property shall have escaped taxation, and
31 taxes shall be levied and collected thereon in like manner and
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1 together with taxes for the current year in which the
2 assessment is made. But no property shall be assessed for
3 more than 3 years' arrears of taxation, and all property so
4 escaping taxation shall be subject to such taxation to be
5 assessed in whomsoever's hands or possession the same may be
6 found; provided, that the county property appraiser shall not
7 assess any lot or parcel of land certified or sold to the
8 state for any previous years unless such lot or parcel of
9 lands so certified or sold shall be included in the list
10 furnished by the Chief Financial Officer Comptroller to the
11 county property appraiser as provided by law; provided, if
12 real or personal property be assessed for taxes, and because
13 of litigation delay ensues and the assessment be held invalid
14 the taxing authorities, may reassess such property within the
15 time herein provided after the termination of such litigation;
16 provided further, that personal property acquired in good
17 faith by purchase shall not be subject to assessment for taxes
18 for any time prior to the time of such purchase, but the
19 individual or corporation liable for any such assessment shall
20 continue personally liable for same.
21 Section 182. Section 195.101, Florida Statutes, is
22 amended to read:
23 195.101 Withholding of state funds.--
24 (1) The Department of Revenue is hereby directed to
25 determine each year whether the several counties of this state
26 are assessing the real and tangible personal property within
27 their jurisdiction in accordance with law. If the Department
28 of Revenue determines that any county is assessing property at
29 less than that prescribed by law, the Chief Financial Officer
30 Comptroller shall withhold from such county a portion of any
31 state funds to which the county may be entitled equal to the
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1 difference of the amount assessed and the amount required to
2 be assessed by law.
3 (2) The Department of Revenue is hereby directed to
4 determine each year whether the several municipalities of this
5 state are assessing the real and tangible personal property
6 within their jurisdiction in accordance with law. If the
7 Department of Revenue determines that any municipality is
8 assessing property at less than that prescribed by law, the
9 Chief Financial Officer Comptroller shall withhold from such
10 municipality a portion of any state funds to which that
11 municipality may be entitled equal to the difference of the
12 amount assessed and the amount required to be assessed by law.
13 Section 183. Subsection (1) of section 198.29, Florida
14 Statutes, is amended to read:
15 198.29 Refunds of excess tax paid.--
16 (1) Whenever it appears, upon the examination of any
17 return made under this chapter or upon proof submitted to the
18 department by the personal representative, that an amount of
19 estate tax has been paid in excess of the tax legally due
20 under this chapter, the amount of such overpayment, together
21 with any overpayment of interest thereon shall be refunded to
22 the personal representative and paid by upon the warrant of
23 the Chief Financial Officer Comptroller, drawn upon the
24 Treasurer who shall honor and pay the same; such refund shall
25 be made by the department as a matter of course regardless of
26 whether or not the personal representative has filed a written
27 claim therefor, except that upon request of the department,
28 the personal representative shall file with the department a
29 conformed copy of any written claim for refund of federal
30 estate tax which has theretofore been filed with the United
31 States.
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1 Section 184. Paragraph (a) of subsection (7) of
2 section 199.232, Florida Statutes, is amended to read:
3 199.232 Powers of department.--
4 (7)(a) If it appears, upon examination of an
5 intangible tax return made under this chapter or upon proof
6 submitted to the department by the taxpayer, that an amount of
7 intangible personal property tax has been paid in excess of
8 the amount due, the department shall refund the amount of the
9 overpayment to the taxpayer by a warrant of the Chief
10 Financial Officer Comptroller, drawn upon the Treasurer. The
11 department shall refund the overpayment without regard to
12 whether the taxpayer has filed a written claim for a refund;
13 however, the department may request that the taxpayer file a
14 statement affirming that the taxpayer made the overpayment.
15 Section 185. Paragraph (a) of subsection (1) of
16 section 203.01, Florida Statutes, is amended to read:
17 203.01 Tax on gross receipts for utility and
18 communications services.--
19 (1)(a)1. Every person that receives payment for any
20 utility service shall report by the last day of each month to
21 the Department of Revenue, under oath of the secretary or some
22 other officer of such person, the total amount of gross
23 receipts derived from business done within this state, or
24 between points within this state, for the preceding month and,
25 at the same time, shall pay into the State Treasury an amount
26 equal to a percentage of such gross receipts at the rate set
27 forth in paragraph (b). Such collections shall be certified
28 by the Chief Financial Officer Comptroller upon the request of
29 the State Board of Education.
30 2. A tax is levied on communications services as
31 defined in s. 202.11(3). Such tax shall be applied to the same
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1 services and transactions as are subject to taxation under
2 chapter 202, and to communications services that are subject
3 to the exemption provided in s. 202.125(1). Such tax shall be
4 applied to the sales price of communications services when
5 sold at retail and to the actual cost of operating substitute
6 communications systems, as such terms are defined in s.
7 202.11, shall be due and payable at the same time as the taxes
8 imposed pursuant to chapter 202, and shall be administered and
9 collected pursuant to the provisions of chapter 202.
10 Section 186. Subsection (1) of section 206.46, Florida
11 Statutes, is amended to read:
12 206.46 State Transportation Trust Fund.--
13 (1) All moneys in the State Transportation Trust Fund,
14 which is hereby created, shall be used for transportation
15 purposes, as provided by law, under the direction of the
16 Department of Transportation, which department may from time
17 to time make requisition on the Chief Financial Officer
18 Comptroller for such funds. Moneys from such fund shall be
19 drawn by the Chief Financial Officer Comptroller by warrant
20 upon the State Treasury pursuant to vouchers and shall be paid
21 in like manner as other state warrants are paid out of the
22 appropriated fund against which the warrants are drawn. All
23 sums of money necessary to provide for the payment of the
24 warrants by the Chief Financial Officer Comptroller drawn upon
25 such fund are appropriated annually out of the fund for the
26 purpose of making such payments from time to time.
27 Section 187. Subsection (4) of section 210.16, Florida
28 Statutes, is amended to read:
29 210.16 Revocation or suspension of permit.--
30 (4) In lieu of the suspension or revocation of
31 permits, the division may impose civil penalties against
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1 holders of permits for violations of this part or rules and
2 regulations relating thereto. No civil penalty so imposed
3 shall exceed $1,000 for each offense, and all amounts
4 collected shall be deposited with the Chief Financial Officer
5 State Treasurer to the credit of the General Revenue Fund. If
6 the holder of the permit fails to pay the civil penalty, his
7 or her permit shall be suspended for such period of time as
8 the division may specify.
9 Section 188. Subsection (2) of section 210.20, Florida
10 Statutes, is amended to read:
11 210.20 Employees and assistants; distribution of
12 funds.--
13 (2) As collections are received by the division from
14 such cigarette taxes, it shall pay the same into a trust fund
15 in the State Treasury designated "Cigarette Tax Collection
16 Trust Fund" which shall be paid and distributed as follows:
17 (a) The division shall from month to month certify to
18 the Chief Financial Officer Comptroller the amount derived
19 from the cigarette tax imposed by s. 210.02, less the service
20 charges provided for in s. 215.20 and less 0.9 percent of the
21 amount derived from the cigarette tax imposed by s. 210.02,
22 which shall be deposited into the Alcoholic Beverage and
23 Tobacco Trust Fund, specifying the amounts to be transferred
24 from the Cigarette Tax Collection Trust Fund and credited on
25 the basis of 2.9 percent of the net collections to the Revenue
26 Sharing Trust Fund for Counties and 29.3 percent of the net
27 collections for the funding of indigent health care to the
28 Public Medical Assistance Trust Fund.
29 (b) Beginning January 1, 1999, and continuing for 10
30 years thereafter, the division shall from month to month
31 certify to the Chief Financial Officer Comptroller the amount
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1 derived from the cigarette tax imposed by s. 210.02, less the
2 service charges provided for in s. 215.20 and less 0.9 percent
3 of the amount derived from the cigarette tax imposed by s.
4 210.02 which shall be deposited into the Alcoholic Beverage
5 and Tobacco Trust Fund, specifying an amount equal to 2.59
6 percent of the net collections, and that amount shall be paid
7 to the Board of Directors of the H. Lee Moffitt Cancer Center
8 and Research Institute, established under s. 240.512, by
9 warrant drawn by the Chief Financial Officer Comptroller upon
10 the State Treasury. These funds are hereby appropriated
11 monthly out of the Cigarette Tax Collection Trust Fund, to be
12 used for the purpose of constructing, furnishing, and
13 equipping a cancer research facility at the University of
14 South Florida adjacent to the H. Lee Moffitt Cancer Center and
15 Research Institute. In fiscal years 1999-2000 and thereafter
16 with the exception of fiscal year 2008-2009, the appropriation
17 to the H. Lee Moffitt Cancer Center and Research Institute
18 authorized by this paragraph shall not be less than the amount
19 which would have been paid to the H. Lee Moffitt Cancer Center
20 and Research Institute for fiscal year 1998-1999 had payments
21 been made for the entire fiscal year rather than for a 6-month
22 period thereof.
23 Section 189. Subsection (4) of section 210.50, Florida
24 Statutes, is amended to read:
25 210.50 Revocation or suspension of license.--
26 (4) In lieu of the suspension or revocation of
27 licenses, the division may impose civil penalties against
28 holders of licenses for violations of this part or rules
29 relating thereto. No civil penalty so imposed shall exceed
30 $1,000 for each offense, and all amounts collected shall be
31 deposited with the Chief Financial Officer State Treasurer to
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1 the credit of the General Revenue Fund. If the holder of the
2 license fails to pay the civil penalty, his or her license
3 shall be suspended for such period of time as the division may
4 specify.
5 Section 190. Subsection (1) of section 211.06, Florida
6 Statutes, is amended to read:
7 211.06 Oil and Gas Tax Trust Fund; distribution of tax
8 proceeds.--All taxes, interest, and penalties imposed under
9 this part shall be collected by the department and placed in a
10 special fund designated the "Oil and Gas Tax Trust Fund."
11 (1) There is hereby annually appropriated a sufficient
12 amount from the Oil and Gas Tax Trust Fund for the Chief
13 Financial Officer Comptroller to refund any overpayments that
14 which have been properly approved.
15 Section 191. Paragraph (d) of subsection (1) of
16 section 211.32, Florida Statutes, is amended to read:
17 211.32 Tax on solid minerals; Land Reclamation Trust
18 Fund; refund for restoration and reclamation.--
19 (1)
20 (d) The Chief Financial Officer Comptroller shall,
21 upon written verification of compliance with paragraph (a),
22 paragraph (b), or paragraph (c) by the Department of
23 Environmental Protection, and upon verification of the cost of
24 the restoration and reclamation program or, if paragraph (c)
25 is elected, the fair market value of the land, grant refunds,
26 to be paid from the Land Reclamation Trust Fund, of the taxes
27 paid under this part, in an amount equal to 100 percent of the
28 costs incurred in complying with paragraph (a) or paragraph
29 (b), or 100 percent of the fair market value of the land
30 transferred in complying with paragraph (c), subject to the
31 following limitations:
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1 1. A taxpayer shall not be entitled to refunds in
2 excess of the amount of taxes paid by the taxpayer under this
3 part which are deposited in the Land Reclamation Trust Fund.
4 2. A taxpayer shall not be entitled to the payment of
5 a refund for costs incurred in connection with a particular
6 restoration and reclamation program unless and until the
7 taxpayer is accomplishing the program in reasonable compliance
8 with the criteria established by the Department of
9 Environmental Protection.
10 Section 192. Paragraph (m) of subsection (5) of
11 section 212.08, Florida Statutes, is amended to read:
12 212.08 Sales, rental, use, consumption, distribution,
13 and storage tax; specified exemptions.--The sale at retail,
14 the rental, the use, the consumption, the distribution, and
15 the storage to be used or consumed in this state of the
16 following are hereby specifically exempt from the tax imposed
17 by this chapter.
18 (5) EXEMPTIONS; ACCOUNT OF USE.--
19 (m) Educational materials purchased by certain child
20 care facilities.--Educational materials, such as glue, paper,
21 paints, crayons, unique craft items, scissors, books, and
22 educational toys, purchased by a child care facility that
23 meets the standards delineated in s. 402.305, is licensed
24 under s. 402.308, holds a current Gold Seal Quality Care
25 designation pursuant to s. 402.281, and provides basic health
26 insurance to all employees are exempt from the taxes imposed
27 by this chapter. For purposes of this paragraph, the term
28 "basic health insurance" shall be defined and promulgated in
29 rules developed jointly by the Department of Children and
30 Family Services, the Agency for Health Care Administration,
31 and the Department of Financial Services Insurance.
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1 Section 193. Paragraph (c) of subsection (6) of
2 section 212.12, Florida Statutes, is amended to read:
3 212.12 Dealer's credit for collecting tax; penalties
4 for noncompliance; powers of Department of Revenue in dealing
5 with delinquents; brackets applicable to taxable transactions;
6 records required.--
7 (6)
8 (c)1. If the records of a dealer are adequate but
9 voluminous in nature and substance, the department may sample
10 such records, except for fixed assets, and project the audit
11 findings derived therefrom over the entire audit period to
12 determine the proportion that taxable retail sales bear to
13 total retail sales or the proportion that taxable purchases
14 bear to total purchases. In order to conduct such a sample,
15 the department must first make a good faith effort to reach an
16 agreement with the dealer, which agreement provides for the
17 means and methods to be used in the sampling process. In the
18 event that no agreement is reached, the dealer is entitled to
19 a review by the executive director.
20 2. For the purposes of sampling pursuant to
21 subparagraph 1., the department shall project any deficiencies
22 and overpayments derived therefrom over the entire audit
23 period. In determining the dealer's compliance, the department
24 shall reduce any tax deficiency as derived from the sample by
25 the amount of any overpayment derived from the sample. In the
26 event the department determines from the sample results that
27 the dealer has a net tax overpayment, the department shall
28 provide the findings of this overpayment to the Chief
29 Financial Officer Comptroller for repayment of funds paid into
30 the State Treasury through error pursuant to s. 215.26.
31
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1 Section 194. Subsection (1) of section 212.20, Florida
2 Statutes, is amended to read:
3 212.20 Funds collected, disposition; additional powers
4 of department; operational expense; refund of taxes
5 adjudicated unconstitutionally collected.--
6 (1) The department shall pay over to the Chief
7 Financial Officer Treasurer of the state all funds received
8 and collected by it under the provisions of this chapter, to
9 be credited to the account of the General Revenue Fund of the
10 state.
11 Section 195. Subsections (4) and (6), paragraph (e) of
12 subsection (7) and subsection (13) of section 213.053, Florida
13 Statutes, are amended to read:
14 213.053 Confidentiality and information sharing.--
15 (4) Nothing contained in this section shall prevent
16 the department from publishing statistics so classified as to
17 prevent the identification of particular accounts, reports,
18 declarations, or returns or prevent the department from
19 disclosing to the Chief Financial Officer Comptroller the
20 names and addresses of those taxpayers who have claimed an
21 exemption pursuant to s. 199.185(1)(i) or a deduction pursuant
22 to s. 220.63(5).
23 (6) Any information received by the Department of
24 Revenue in connection with the administration of taxes,
25 including, but not limited to, information contained in
26 returns, reports, accounts, or declarations filed by persons
27 subject to tax, shall be made available by the department to
28 the Auditor General or his or her authorized agent, the
29 director of the Office of Program Policy Analysis and
30 Government Accountability or his or her authorized agent, the
31 Chief Financial Officer Comptroller or his or her authorized
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1 agent, the Insurance Commissioner or his or her authorized
2 agent, the Treasurer or his or her authorized agent, or a
3 property appraiser or tax collector or their authorized agents
4 pursuant to s. 195.084(1), in the performance of their
5 official duties, or to designated employees of the Department
6 of Education solely for determination of each school
7 district's price level index pursuant to s. 236.081(2);
8 however, no information shall be disclosed to the Auditor
9 General or his or her authorized agent, the director of the
10 Office of Program Policy Analysis and Government
11 Accountability or his or her authorized agent, the Chief
12 Financial Officer Comptroller or his or her authorized agent,
13 the Insurance Commissioner or his or her authorized agent, the
14 Treasurer or his or her authorized agent, or to a property
15 appraiser or tax collector or their authorized agents, or to
16 designated employees of the Department of Education if such
17 disclosure is prohibited by federal law. The Auditor General
18 or his or her authorized agent, the director of the Office of
19 Program Policy Analysis and Government Accountability or his
20 or her authorized agent, the Chief Financial Officer
21 Comptroller or his or her authorized agent, the Treasurer or
22 his or her authorized agent, and the property appraiser or tax
23 collector and their authorized agents, or designated employees
24 of the Department of Education shall be subject to the same
25 requirements of confidentiality and the same penalties for
26 violation of the requirements as the department. For the
27 purpose of this subsection, "designated employees of the
28 Department of Education" means only those employees directly
29 responsible for calculation of price level indices pursuant to
30 s. 236.081(2). It does not include the supervisors of such
31
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1 employees or any other employees or elected officials within
2 the Department of Education.
3 (7) Notwithstanding any other provision of this
4 section, the department may provide:
5 (e) Names, addresses, taxpayer identification numbers,
6 and outstanding tax liabilities to the Department of the
7 Lottery and the Department of Financial Services Banking and
8 Finance in the conduct of their official duties.
9 (13) Notwithstanding the provisions of s. 896.102(2),
10 the department may allow full access to the information and
11 documents required to be filed with it under s. 896.102(1) to
12 federal, state, and local law enforcement and prosecutorial
13 agencies, and to the Department of Financial Services Banking
14 and Finance, and any of those agencies may use the information
15 and documents in any civil or criminal investigation and in
16 any court proceedings.
17 Section 196. Section 213.054, Florida Statutes, is
18 amended to read:
19 213.054 Persons claiming tax exemptions or deductions;
20 annual report.--The Department of Revenue shall be responsible
21 for monitoring the utilization of tax exemptions and tax
22 deductions authorized pursuant to chapter 81-179, Laws of
23 Florida. On or before September 1 of each year, the
24 department shall report to the Chief Financial Officer
25 Comptroller the names and addresses of all persons who have
26 claimed an exemption pursuant to s. 199.185(1)(i) or a
27 deduction pursuant to s. 220.63(5).
28 Section 197. Subsection (6) of section 213.255,
29 Florida Statutes, is amended to read:
30
31
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1 213.255 Interest.--Interest shall be paid on
2 overpayments of taxes, payment of taxes not due, or taxes paid
3 in error, subject to the following conditions:
4 (6) Interest shall be paid until a date determined by
5 the department which shall be no more than 7 days prior to the
6 date of the issuance of the refund warrant by the Chief
7 Financial Officer Comptroller.
8 Section 198. Subsection (9) of section 213.67, Florida
9 Statutes, is amended to read:
10 213.67 Garnishment.--
11 (9) The department shall provide notice to the Chief
12 Financial Officer Comptroller, in electronic or other form
13 specified by the Chief Financial Officer Comptroller, listing
14 the taxpayers for which tax warrants are outstanding. Pursuant
15 to subsection (1), the Chief Financial Officer Comptroller
16 shall, upon notice from the department, withhold all payments
17 to any person or business, as defined in s. 212.02, which
18 provides commodities or services to the state, leases real
19 property to the state, or constructs a public building or
20 public work for the state. The department may levy upon the
21 withheld payments in accordance with subsection (3). The
22 provisions of s. 215.422 do not apply from the date the notice
23 is filed with the Chief Financial Officer Comptroller until
24 the date the department notifies the Chief Financial Officer
25 Comptroller of its consent to make payment to the person or 60
26 days after receipt of the department's notice in accordance
27 with subsection (1), whichever occurs earlier.
28 Section 199. Subsection (4) of section 213.75, Florida
29 Statutes, is amended to read:
30 213.75 Application of payments.--
31
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1 (4) Any surplus proceeds remaining after the
2 application of subsection (3) shall, upon application and
3 satisfactory proof thereof, be refunded by the Chief Financial
4 Officer Comptroller to the person or persons legally entitled
5 thereto pursuant to s. 215.26.
6 Section 200. Section 215.02, Florida Statutes, is
7 amended to read:
8 215.02 Manner of paying money into the
9 Treasury.--Whenever any officer of this state or other person
10 desires to pay any money into the Treasury of the state on
11 account of his or her indebtedness to the state, the person
12 shall first go into the Department of Financial Services
13 Banking and Finance, and there ascertain from the department's
14 books the amount of his or her indebtedness to the state, and
15 thereupon the department shall give that person a memorandum
16 or certificate of the amount of such indebtedness, and on what
17 account. Second, the person shall take said certificate with
18 him or her to the Department of Insurance and deliver the same
19 and pay over to the Chief Financial Officer Insurance
20 Commissioner and Treasurer the amount ascertained called for
21 in said certificate. Third, The Chief Financial Officer
22 Insurance Commissioner and Treasurer shall receive the money,
23 make a proper entry thereof, file the certificate of the
24 Department of Banking and Finance, and give a certificate to
25 the party paying over the money, acknowledging the receipt of
26 the money, and on what account; which certificate thus
27 received, the party shall return to the Department of Banking
28 and Finance, on receipt of which the department shall give the
29 party a receipt for the amount, and enter a credit on the
30 party's account in his or her books for the amount thus paid
31 by him or her to the Insurance Commissioner and Treasurer, and
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1 file the certificate received from the Insurance Commissioner
2 and Treasurer.
3 Section 201. Section 215.03, Florida Statutes, is
4 amended to read:
5 215.03 Party to be reimbursed on reversal of judgment
6 for state.--Whenever upon appeal in civil cases, any judgment
7 in favor of the state has been or shall be reversed and set
8 aside, which may have been paid in part by the appellant, the
9 Chief Financial Officer Comptroller shall issue his or her
10 warrant upon the Treasurer to reimburse the appellant for all
11 sums paid in discharge of such judgment and cost, provided the
12 appellant shall adduce satisfactory evidence to the Chief
13 Financial Officer Comptroller of the sums paid as aforesaid.
14 Section 202. Section 215.04, Florida Statutes, is
15 amended to read:
16 215.04 Department of Financial Services Banking and
17 Finance to report delinquents.--The Department of Financial
18 Services Banking and Finance shall report to the state
19 attorney of the proper circuit the name of any delinquent
20 officer whose delinquency concerns the department, so soon as
21 such delinquency shall occur; and the state attorney shall
22 proceed forthwith against such delinquent.
23 Section 203. Section 215.05, Florida Statutes, is
24 amended to read:
25 215.05 Department of Financial Services Banking and
26 Finance to certify accounts of delinquents.--When any revenue
27 officer or other person accountable for public money shall
28 neglect or refuse to pay into the treasury the sum or balance
29 reported to be due to the state, upon the adjustment of that
30 person's account, the Department of Financial Services Banking
31 and Finance shall immediately hand over to the state attorney
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1 of the proper circuit the statement of the sum or balance
2 certified under its seal of office, so due; and the state
3 attorney shall institute suit for the recovery of the same,
4 adding to the sum or balance stated to be due on such account
5 the commissions of the delinquent, which shall be forfeited in
6 every instance where suit is commenced and judgment is
7 obtained thereon, and an interest of 8 percent per annum from
8 the time of the delinquent's receiving the money until it
9 shall be paid into the State Treasury.
10 Section 204. Section 215.11, Florida Statutes, is
11 amended to read:
12 215.11 Defaulting officers; Department of Financial
13 Services Banking and Finance to report to clerk.--The
14 Department of Financial Services Banking and Finance shall,
15 within 90 days after the expiration of the term of office of
16 any tax collector, sheriff, clerk of the circuit or county
17 court, treasurer, or any other officer of any county who has
18 the collection, custody, and control of any state funds, who
19 shall be in arrears in his or her accounts with the state,
20 make up and forward to the clerk of the circuit court of such
21 county a statement of his or her accounts with the state.
22 Section 205. Paragraph (cc) of subsection (4) of
23 section 215.20, Florida Statutes, is amended to read:
24 215.20 Certain income and certain trust funds to
25 contribute to the General Revenue Fund.--
26 (4) The income of a revenue nature deposited in the
27 following described trust funds, by whatever name designated,
28 is that from which the deductions authorized by subsection (3)
29 shall be made:
30 (cc) The Insurance Commissioner's Regulatory Trust
31 Fund created by s. 624.523.
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1
2 The enumeration of the foregoing moneys or trust funds shall
3 not prohibit the applicability thereto of s. 215.24 should the
4 Governor determine that for the reasons mentioned in s. 215.24
5 the money or trust funds should be exempt herefrom, as it is
6 the purpose of this law to exempt income from its force and
7 effect when, by the operation of this law, federal matching
8 funds or contributions or private grants to any trust fund
9 would be lost to the state.
10 Section 206. Paragraphs (e) and (g) of subsection (1)
11 of section 215.22, Florida Statutes, is amended to read:
12 215.22 Certain income and certain trust funds
13 exempt.--
14 (1) The following income of a revenue nature or the
15 following trust funds shall be exempt from the deduction
16 required by s. 215.20(1):
17 (e) State, agency, or political subdivision
18 investments by the Chief Financial Officer Treasurer.
19 (g) Self-insurance programs administered by the Chief
20 Financial Officer Treasurer.
21 Section 207. Section 215.23, Florida Statutes, is
22 amended to read:
23 215.23 When contributions to be made.--The deductions
24 required by s. 215.20 shall be paid into the appropriate fund
25 by the Department of Financial Services Banking and Finance or
26 by the Chief Financial Officer State Treasurer, as the case
27 may be, for quarterly periods ending March 31, June 30,
28 September 30, and December 31 of each year, and when so paid
29 shall thereupon become a part of that fund to be accounted for
30 and disbursed as provided by law.
31
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1 Section 208. Section 215.24, Florida Statutes, is
2 amended to read:
3 215.24 Exemptions where federal contributions or
4 private grants.--
5 (1) Should any state fund be the recipient of federal
6 contributions or private grants, either by the matching of
7 state funds or by a general donation to state funds, and the
8 payment of moneys into the General Revenue Fund under s.
9 215.20 should cause such fund to lose federal or private
10 assistance, the Governor shall certify to the Department of
11 Financial Services Banking and Finance and to the Chief
12 Financial Officer State Treasurer that said income is for that
13 reason exempt from the force and effect of s. 215.20.
14 (2) Should it be determined by the Governor that by
15 reason of payments already made into the General Revenue Fund
16 by any fund under this law, such fund is subject to the loss
17 of federal or private assistance, then the Governor shall
18 certify to the Department of Financial Services Banking and
19 Finance and to the Chief Financial Officer State Treasurer
20 that the income from such assistance is exempt from the
21 provisions of this law, and the Department of Financial
22 Services Banking and Finance or the Chief Financial Officer
23 State Treasurer, as the case may be, shall thereupon refund
24 and pay over to such fund any amount previously paid into the
25 General Revenue Fund from such income.
26 Section 209. Section 215.25, Florida Statutes, is
27 amended to read:
28 215.25 Manner of contributions; rules and
29 regulations.--The Department of Financial Services Banking and
30 Finance and the Chief Financial Officer State Treasurer are
31 hereby authorized to ascertain and determine the manner in
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1 which the required amounts shall be deducted and paid and to
2 adopt and effectuate such rules and procedure as may be
3 necessary for carrying out the provisions of this law. Such
4 rules and procedure shall be approved by the Executive Office
5 of the Governor.
6 Section 210. Subsections (1), (2), and (5) of section
7 215.26, Florida Statutes, are amended to read:
8 215.26 Repayment of funds paid into State Treasury
9 through error.--
10 (1) The Chief Financial Officer Comptroller of the
11 state may refund to the person who paid same, or his or her
12 heirs, personal representatives, or assigns, any moneys paid
13 into the State Treasury which constitute:
14 (a) An overpayment of any tax, license, or account
15 due;
16 (b) A payment where no tax, license, or account is
17 due; and
18 (c) Any payment made into the State Treasury in error;
19
20 and if any such payment has been credited to an appropriation,
21 such appropriation shall at the time of making any such
22 refund, be charged therewith. There are appropriated from the
23 proper respective funds from time to time such sums as may be
24 necessary for such refunds.
25 (2) Application for refunds as provided by this
26 section must be filed with the Chief Financial Officer
27 Comptroller, except as otherwise provided in this subsection,
28 within 3 years after the right to the refund has accrued or
29 else the right is barred. Except as provided in chapter 198
30 and s. 220.23, an application for a refund of a tax enumerated
31 in s. 72.011, which tax was paid after September 30, 1994, and
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1 before July 1, 1999, must be filed with the Chief Financial
2 Officer Comptroller within 5 years after the date the tax is
3 paid, and within 3 years after the date the tax was paid for
4 taxes paid on or after July 1, 1999. The Chief Financial
5 Officer Comptroller may delegate the authority to accept an
6 application for refund to any state agency, or the judicial
7 branch, vested by law with the responsibility for the
8 collection of any tax, license, or account due. The
9 application for refund must be on a form approved by the Chief
10 Financial Officer Comptroller and must be supplemented with
11 additional proof the Chief Financial Officer Comptroller deems
12 necessary to establish the claim; provided, the claim is not
13 otherwise barred under the laws of this state. Upon receipt of
14 an application for refund, the judicial branch or the state
15 agency to which the funds were paid shall make a determination
16 of the amount due. If an application for refund is denied, in
17 whole or in part, the judicial branch or such state agency
18 shall notify the applicant stating the reasons therefor. Upon
19 approval of an application for refund, the judicial branch or
20 such state agency shall furnish the Chief Financial Officer
21 Comptroller with a properly executed voucher authorizing
22 payment.
23 (5) When a taxpayer has pursued administrative
24 remedies before the Department of Revenue pursuant to s.
25 213.21 and has failed to comply with the time limitations and
26 conditions provided in ss. 72.011 and 120.80(14)(b), a claim
27 of refund under subsection (1) shall be denied by the Chief
28 Financial Officer Comptroller. However, the Chief Financial
29 Officer Comptroller may entertain a claim for refund under
30 this subsection when the taxpayer demonstrates that his or her
31 failure to pursue remedies under chapter 72 was not due to
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1 neglect or for the purpose of delaying payment of lawfully
2 imposed taxes and can demonstrate reasonable cause for such
3 failure.
4 Section 211. Section 215.29, Florida Statutes, is
5 amended to read:
6 215.29 Classification of Chief Financial Officer's
7 Comptroller's warrants; report.--All disbursements made by the
8 state upon Chief Financial Officer's Comptroller's warrants
9 shall be classified according to officers, offices, bureaus,
10 divisions, boards, commissions, institutions, other agencies
11 and undertakings, or the judicial branch, and shall be further
12 classified according to personal services, contractual
13 services, commodities, current charges, current obligations,
14 capital outlays, debt payments, or investments or such
15 additional classifications as may be prescribed or authorized
16 by law. Such detail classifications shall be printed in the
17 Chief Financial Officer's Comptroller's annual reports.
18 Section 212. Section 215.31, Florida Statutes, is
19 amended to read:
20 215.31 State funds; deposit in State
21 Treasury.--Revenue, including licenses, fees, imposts, or
22 exactions collected or received under the authority of the
23 laws of the state by each and every state official, office,
24 employee, bureau, division, board, commission, institution,
25 agency, or undertaking of the state or the judicial branch
26 shall be promptly deposited in the State Treasury, and
27 immediately credited to the appropriate fund as herein
28 provided, properly accounted for by the Department of
29 Financial Services Banking and Finance as to source and no
30 money shall be paid from the State Treasury except as
31
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1 appropriated and provided by the annual General Appropriations
2 Act, or as otherwise provided by law.
3 Section 213. Section 215.32, Florida Statutes, as
4 amended by section 1 of chapter 2001-375, Laws of Florida, is
5 amended to read:
6 215.32 State funds; segregation.--
7 (1) All moneys received by the state shall be
8 deposited in the State Treasury unless specifically provided
9 otherwise by law and shall be deposited in and accounted for
10 by the Chief Financial Officer Treasurer and the Department of
11 Financial Services Banking and Finance within the following
12 funds, which funds are hereby created and established:
13 (a) General Revenue Fund.
14 (b) Trust funds.
15 (c) Working Capital Fund.
16 (d) Budget Stabilization Fund.
17 (2) The source and use of each of these funds shall be
18 as follows:
19 (a) The General Revenue Fund shall consist of all
20 moneys received by the state from every source whatsoever,
21 except as provided in paragraphs (b) and (c). Such moneys
22 shall be expended pursuant to General Revenue Fund
23 appropriations acts or transferred as provided in paragraph
24 (c). Annually, at least 5 percent of the estimated increase
25 in General Revenue Fund receipts for the upcoming fiscal year
26 over the current year General Revenue Fund effective
27 appropriations shall be appropriated for state-level capital
28 outlay, including infrastructure improvement and general
29 renovation, maintenance, and repairs.
30 (b)1. The trust funds shall consist of moneys received
31 by the state which under law or under trust agreement are
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1 segregated for a purpose authorized by law. The state agency
2 or branch of state government receiving or collecting such
3 moneys shall be responsible for their proper expenditure as
4 provided by law. Upon the request of the state agency or
5 branch of state government responsible for the administration
6 of the trust fund, the Chief Financial Officer Comptroller may
7 establish accounts within the trust fund at a level considered
8 necessary for proper accountability. Once an account is
9 established within a trust fund, the Chief Financial Officer
10 Comptroller may authorize payment from that account only upon
11 determining that there is sufficient cash and releases at the
12 level of the account.
13 2. In order to maintain a minimum number of trust
14 funds in the State Treasury, each state agency or the judicial
15 branch may consolidate, if permitted under the terms and
16 conditions of their receipt, the trust funds administered by
17 it; provided, however, the agency or judicial branch employs
18 effectively a uniform system of accounts sufficient to
19 preserve the integrity of such trust funds; and provided,
20 further, that consolidation of trust funds is approved by the
21 Governor or the Chief Justice.
22 3. All such moneys are hereby appropriated to be
23 expended in accordance with the law or trust agreement under
24 which they were received, subject always to the provisions of
25 chapter 216 relating to the appropriation of funds and to the
26 applicable laws relating to the deposit or expenditure of
27 moneys in the State Treasury.
28 4.a. Notwithstanding any provision of law restricting
29 the use of trust funds to specific purposes, unappropriated
30 cash balances from selected trust funds may be authorized by
31
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1 the Legislature for transfer to the Budget Stabilization Fund
2 and Working Capital Fund in the General Appropriations Act.
3 b. This subparagraph does not apply to trust funds
4 required by federal programs or mandates; trust funds
5 established for bond covenants, indentures, or resolutions
6 whose revenues are legally pledged by the state or public body
7 to meet debt service or other financial requirements of any
8 debt obligations of the state or any public body; the State
9 Transportation Trust Fund; the trust fund containing the net
10 annual proceeds from the Florida Education Lotteries; the
11 Florida Retirement System Trust Fund; trust funds under the
12 management of the Board of Regents, where such trust funds are
13 for auxiliary enterprises, self-insurance, and contracts,
14 grants, and donations, as those terms are defined by general
15 law; trust funds that serve as clearing funds or accounts for
16 the Chief Financial Officer Comptroller or state agencies;
17 trust funds that account for assets held by the state in a
18 trustee capacity as an agent or fiduciary for individuals,
19 private organizations, or other governmental units; and other
20 trust funds authorized by the State Constitution.
21 (c)1. The Budget Stabilization Fund shall consist of
22 amounts equal to at least 5 percent of net revenue collections
23 for the General Revenue Fund during the last completed fiscal
24 year. The Budget Stabilization Fund's principal balance shall
25 not exceed an amount equal to 10 percent of the last completed
26 fiscal year's net revenue collections for the General Revenue
27 Fund. As used in this paragraph, the term "last completed
28 fiscal year" means the most recently completed fiscal year
29 prior to the regular legislative session at which the
30 Legislature considers the General Appropriations Act for the
31
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1 year in which the transfer to the Budget Stabilization Fund
2 must be made under this paragraph.
3 2. By September 15 of each year, the Governor shall
4 authorize the Chief Financial Officer Comptroller to transfer,
5 and the Chief Financial Officer Comptroller shall transfer
6 pursuant to appropriations made by law, to the Budget
7 Stabilization Fund the amount of money needed for the balance
8 of that fund to equal the amount specified in subparagraph 1.,
9 less any amounts expended and not restored. The moneys needed
10 for this transfer may be appropriated by the Legislature from
11 any funds.
12 3. Unless otherwise provided in this subparagraph, an
13 expenditure from the Budget Stabilization Fund must be
14 restored pursuant to a restoration schedule that provides for
15 making five equal annual transfers from the General Revenue
16 Fund, beginning in the fiscal year following that in which the
17 expenditure was made. For any Budget Stabilization Fund
18 expenditure, the Legislature may establish by law a different
19 restoration schedule and such change may be made at any time
20 during the restoration period. Moneys are hereby appropriated
21 for transfers pursuant to this subparagraph.
22 4. The Budget Stabilization Fund and the Working
23 Capital Fund may be used as revolving funds for transfers as
24 provided in s. 18.125; however, any interest earned must be
25 deposited in the General Revenue Fund.
26 5. The Chief Financial Officer Comptroller and the
27 Department of Management Services shall transfer funds to
28 water management districts to pay eligible water management
29 district employees for all benefits due under s. 373.6065, as
30 long as funds remain available for the program described under
31 s. 100.152.
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1 (d) The Working Capital Fund shall consist of moneys
2 in the General Revenue Fund which are in excess of the amount
3 needed to meet General Revenue Fund appropriations for the
4 current fiscal year. Each year, no later than the publishing
5 date of the annual financial statements for the state by the
6 Chief Financial Officer Comptroller under s. 216.102, funds
7 shall be transferred between the Working Capital Fund and the
8 General Revenue Fund to establish the balance of the Working
9 Capital Fund for that fiscal year at the amount determined
10 pursuant to this paragraph.
11 Section 214. Subsections (2) and (3) of section
12 215.3206, Florida Statutes, are amended to read:
13 215.3206 Trust funds; termination or re-creation.--
14 (2) If the trust fund is terminated and not
15 immediately re-created, all cash balances and income of the
16 trust fund shall be deposited into the General Revenue Fund.
17 The agency or Chief Justice shall pay any outstanding debts of
18 the trust fund as soon as practicable, and the Chief Financial
19 Officer Comptroller shall close out and remove the trust fund
20 from the various state accounting systems, using generally
21 accepted accounting practices concerning warrants outstanding,
22 assets, and liabilities. No appropriation or budget amendment
23 shall be construed to authorize any encumbrance of funds from
24 a trust fund after the date on which the trust fund is
25 terminated or is judicially determined to be invalid.
26 (3) On or before September 1 of each year, the Chief
27 Financial Officer Comptroller shall submit to the Executive
28 Office of the Governor, the President of the Senate, and the
29 Speaker of the House of Representatives a list of trust funds
30 that are scheduled to terminate within 12 months after that
31 date and also, beginning September 1, 1996, a list of all
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1 trust funds that are exempt from automatic termination
2 pursuant to the provisions of s. 19(f)(3), Art. III of the
3 State Constitution, listing revenues of the trust funds by
4 major revenue category for each of the last 4 fiscal years.
5 Section 215. Paragraph (a) of subsection (2) of
6 section 215.3208, Florida Statutes, is amended to read:
7 215.3208 Trust funds; legislative review.--
8 (2)(a) When the Legislature terminates a trust fund,
9 the agency or branch of state government that administers the
10 trust fund shall pay any outstanding debts or obligations of
11 the trust fund as soon as practicable, and the Chief Financial
12 Officer Comptroller shall close out and remove the trust fund
13 from the various state accounting systems, using generally
14 accepted accounting principles concerning assets, liabilities,
15 and warrants outstanding.
16 Section 216. Section 215.321, Florida Statutes, is
17 amended to read:
18 215.321 Regulatory trust fund.--All funds received
19 pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,
20 chapter 520, or part I of chapter 559 shall be deposited into
21 the Banking and Finance Regulatory Trust Fund.
22 Section 217. Subsections (2), (3), and (4) of section
23 215.322, Florida Statutes, are amended to read:
24 215.322 Acceptance of credit cards, charge cards, or
25 debit cards by state agencies, units of local government, and
26 the judicial branch.--
27 (2) A state agency as defined in s. 216.011, or the
28 judicial branch, may accept credit cards, charge cards, or
29 debit cards in payment for goods and services with the prior
30 approval of the Chief Financial Officer Treasurer. When the
31 Internet or other related electronic methods are to be used as
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1 the collection medium, the State Technology Office shall
2 review and recommend to the Chief Financial Officer Treasurer
3 whether to approve the request with regard to the process or
4 procedure to be used.
5 (3) The Chief Financial Officer Treasurer shall adopt
6 rules governing the establishment and acceptance of credit
7 cards, charge cards, or debit cards by state agencies or the
8 judicial branch, including, but not limited to, the following:
9 (a) Utilization of a standardized contract between the
10 financial institution or other appropriate intermediaries and
11 the agency or judicial branch which shall be developed by the
12 Chief Financial Officer Treasurer or approval by the Chief
13 Financial Officer Treasurer of a substitute agreement.
14 (b) Procedures which permit an agency or officer
15 accepting payment by credit card, charge card, or debit card
16 to impose a convenience fee upon the person making the
17 payment. However, the total amount of such convenience fees
18 shall not exceed the total cost to the state agency. A
19 convenience fee is not refundable to the payor.
20 Notwithstanding the foregoing, this section shall not be
21 construed to permit surcharges on any other credit card
22 purchase in violation of s. 501.0117.
23 (c) All service fees payable pursuant to this section
24 when practicable shall be invoiced and paid by state warrant
25 or such other manner that is satisfactory to the Chief
26 Financial Officer Comptroller in accordance with the time
27 periods specified in s. 215.422.
28 (d) Submission of information to the Chief Financial
29 Officer Treasurer concerning the acceptance of credit cards,
30 charge cards, or debit cards by all state agencies or the
31 judicial branch.
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1 (e) A methodology for agencies to use when completing
2 the cost-benefit analysis referred to in subsection (1). The
3 methodology must consider all quantifiable cost reductions,
4 other benefits to the agency, and potential impact on general
5 revenue. The methodology must also consider nonquantifiable
6 benefits such as the convenience to individuals and businesses
7 that would benefit from the ability to pay for state goods and
8 services through the use of credit cards, charge cards, and
9 debit cards.
10 (4) The Chief Financial Officer may Treasurer is
11 authorized to establish contracts with one or more financial
12 institutions, credit card companies, or other entities which
13 may lawfully provide such services, in a manner consistent
14 with chapter 287, for processing credit card, charge card, or
15 debit card collections for deposit into the State Treasury or
16 another qualified public depository. Any state agency, or the
17 judicial branch, which accepts payment by credit card, charge
18 card, or debit card shall use at least one of the contractors
19 established by the Chief Financial Officer Treasurer unless
20 the state agency or judicial branch obtains authorization from
21 the Chief Financial Officer Treasurer to use another
22 contractor which is more advantageous to such state agency or
23 the judicial branch. Such contracts may authorize a unit of
24 local government to use the services upon the same terms and
25 conditions for deposit of credit card, charge card, or debit
26 card transactions into its qualified public depositories.
27 Section 218. Subsections (1) and (2) of section
28 215.34, Florida Statutes, are amended to read:
29 215.34 State funds; noncollectible items; procedure.--
30 (1) Any check, draft, or other order for the payment
31 of money in payment of any licenses, fees, taxes, commissions,
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1 or charges of any sort authorized to be made under the laws of
2 the state and deposited in the State Treasury as provided
3 herein, which may be returned for any reason by the bank or
4 other payor upon which same shall have been drawn shall be
5 forthwith returned by the Chief Financial Officer State
6 Treasurer for collection to the state officer, the state
7 agency, or the entity of the judicial branch making the
8 deposit. In such case, the Chief Financial Officer may
9 Treasurer is hereby authorized to issue a debit memorandum
10 charging an account of the agency, officer, or entity of the
11 judicial branch which originally received the payment. The
12 original of the debit memorandum shall state the reason for
13 the return of the check, draft, or other order and shall
14 accompany the item being returned to the officer, agency, or
15 entity of the judicial branch being charged, and a copy of the
16 debit memorandum shall be sent to the Comptroller. The
17 officer, agency, or entity of the judicial branch receiving
18 the charged-back item shall prepare a journal transfer which
19 shall debit the charge against the fund or account to which
20 the same shall have been originally credited. Such procedure
21 for handling noncollectible items shall not be construed as
22 paying funds out of the State Treasury without an
23 appropriation, but shall be considered as an administrative
24 procedure for the efficient handling of state records and
25 accounts.
26 (2) Whenever a check, draft, or other order for the
27 payment of money is returned by the Chief Financial Officer
28 State Treasurer, or by a qualified public depository as
29 defined in s. 280.02, to a state officer, a state agency, or
30 the judicial branch for collection, the officer, agency, or
31 judicial branch shall add to the amount due a service fee of
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1 $15 or 5 percent of the face amount of the check, draft, or
2 order, whichever is greater. An agency or the judicial branch
3 may adopt a rule which prescribes a lesser maximum service
4 fee, which shall be added to the amount due for the dishonored
5 check, draft, or other order tendered for a particular
6 service, license, tax, fee, or other charge, but in no event
7 shall the fee be less than $15. The service fee shall be in
8 addition to all other penalties imposed by law, except that
9 when other charges or penalties are imposed by an agency
10 related to a noncollectible item, the amount of the service
11 fee shall not exceed $150. Proceeds from this fee shall be
12 deposited in the same fund as the collected item. Nothing in
13 this section shall be construed as authorization to deposit
14 moneys outside the State Treasury unless specifically
15 authorized by law.
16 Section 219. Section 215.35, Florida Statutes, is
17 amended to read:
18 215.35 State funds; warrants and their issuance.--All
19 warrants issued by the Chief Financial Officer Comptroller
20 shall be numbered in chronological order commencing with
21 number one in each fiscal year and each warrant shall refer to
22 the Chief Financial Officer's Comptroller's voucher by the
23 number thereof, which voucher shall also be numbered as above
24 set forth. Each warrant shall state the name of the payee
25 thereof and the amount allowed, and said warrant shall be
26 stated in words at length. No warrant shall issue until same
27 has been authorized by an appropriation made by law but such
28 warrant need not state or set forth such authorization. The
29 Chief Financial Officer Comptroller shall register and
30 maintain a record of each warrant in his or her office. The
31 record shall show the funds, accounts, purposes, and
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1 departments involved in the issuance of each warrant. In
2 those instances where the expenditure of funds of regulatory
3 boards or commissions has been provided for by laws other than
4 the annual appropriations bill, warrants shall be issued upon
5 requisition to the Chief Financial Officer State Comptroller
6 by the governing body of such board or commission.
7 Section 220. Section 215.405, Florida Statutes, is
8 amended to read:
9 215.405 State agencies and the judicial branch
10 authorized to collect costs of fingerprinting.--Any state
11 agency, or the judicial branch, exercising regulatory
12 authority and authorized to take fingerprints of persons
13 within or seeking to come within such agency's or the judicial
14 branch's regulatory power may collect from the person or
15 entity on whose behalf the fingerprints were submitted the
16 actual costs of processing such fingerprints including, but
17 not limited to, any charges imposed by the Department of Law
18 Enforcement or any agency or branch of the United States
19 Government. This provision shall constitute express authority
20 for state agencies and the judicial branch to collect the
21 actual costs of processing the fingerprints either prior to or
22 subsequent to the actual processing and shall supersede any
23 other law to the contrary. To administer the provisions of
24 this section, a state agency, or the judicial branch, electing
25 to collect the cost of fingerprinting is empowered to
26 promulgate and adopt rules to establish the amounts and the
27 methods of payment needed to collect such costs. Collections
28 made under these provisions shall be deposited with the Chief
29 Financial Officer Treasurer to an appropriate trust fund
30 account to be designated by the Executive Office of the
31 Governor.
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1 Section 221. Section 215.42, Florida Statutes, is
2 amended to read:
3 215.42 Purchases from appropriations, proof of
4 delivery.--The Chief Financial Officer State Comptroller may
5 require proof, as he or she deems necessary, of delivery and
6 receipt of purchases before honoring any voucher for payment
7 from appropriations made in the General Appropriations Act or
8 otherwise provided by law.
9 Section 222. Section 215.422, Florida Statutes, is
10 amended to read:
11 215.422 Warrants, vouchers, and invoices; processing
12 time limits; dispute resolution; agency or judicial branch
13 compliance.--
14 (1) The voucher authorizing payment of an invoice
15 submitted to an agency of the state or the judicial branch,
16 required by law to be filed with the Chief Financial Officer
17 Comptroller, shall be filed with the Chief Financial Officer
18 Comptroller not later than 20 days after receipt of the
19 invoice and receipt, inspection, and approval of the goods or
20 services, except that in the case of a bona fide dispute the
21 voucher shall contain a statement of the dispute and authorize
22 payment only in the amount not disputed. The Chief Financial
23 Officer Comptroller may establish dollar thresholds and other
24 criteria for all invoices and may delegate to a state agency
25 or the judicial branch responsibility for maintaining the
26 official vouchers and documents for invoices which do not
27 exceed the thresholds or which meet the established criteria.
28 Such records shall be maintained in accordance with the
29 requirements established by the Secretary of State. The
30 electronic payment request transmission to the Chief Financial
31 Officer Comptroller shall constitute filing of a voucher for
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1 payment of invoices for which the Chief Financial Officer
2 Comptroller has delegated to an agency custody of official
3 records. Approval and inspection of goods or services shall
4 take no longer than 5 working days unless the bid
5 specifications, purchase order, or contract specifies
6 otherwise. If a voucher filed within the 20-day period is
7 returned by the Department of Financial Services Banking and
8 Finance because of an error, it shall nevertheless be deemed
9 timely filed. The 20-day filing requirement may be waived in
10 whole or in part by the Department of Financial Services
11 Banking and Finance on a showing of exceptional circumstances
12 in accordance with rules and regulations of the department.
13 For the purposes of determining the receipt of invoice date,
14 the agency or the judicial branch is deemed to receive an
15 invoice on the date on which a proper invoice is first
16 received at the place designated by the agency or the judicial
17 branch. The agency or the judicial branch is deemed to
18 receive an invoice on the date of the invoice if the agency or
19 the judicial branch has failed to annotate the invoice with
20 the date of receipt at the time the agency or the judicial
21 branch actually received the invoice or failed at the time the
22 order is placed or contract made to designate a specific
23 location to which the invoice must be delivered.
24 (2) The warrant in payment of an invoice submitted to
25 an agency of the state or the judicial branch shall be issued
26 not later than 10 days after filing of the voucher authorizing
27 payment. However, this requirement may be waived in whole or
28 in part by the Department of Financial Services Banking and
29 Finance on a showing of exceptional circumstances in
30 accordance with rules and regulations of the department. If
31 the 10-day period contains fewer than 6 working days, the
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1 Department of Financial Services Banking and Finance shall be
2 deemed in compliance with this subsection if the warrant is
3 issued within 6 working days without regard to the actual
4 number of calendar days. For purposes of this section, a
5 payment is deemed to be issued on the first working day that
6 payment is available for delivery or mailing to the vendor.
7 (3)(a) Each agency of the state or the judicial branch
8 which is required by law to file vouchers with the Chief
9 Financial Officer Comptroller shall keep a record of the date
10 of receipt of the invoice; dates of receipt, inspection, and
11 approval of the goods or services; date of filing of the
12 voucher; and date of issuance of the warrant in payment
13 thereof. If the voucher is not filed or the warrant is not
14 issued within the time required, an explanation in writing by
15 the agency head or the Chief Justice shall be submitted to the
16 Department of Financial Services Banking and Finance in a
17 manner prescribed by it. Agencies and the judicial branch
18 shall continue to deliver or mail state payments promptly.
19 (b) If a warrant in payment of an invoice is not
20 issued within 40 days after receipt of the invoice and
21 receipt, inspection, and approval of the goods and services,
22 the agency or judicial branch shall pay to the vendor, in
23 addition to the amount of the invoice, interest at a rate as
24 established pursuant to s. 55.03(1) on the unpaid balance from
25 the expiration of such 40-day period until such time as the
26 warrant is issued to the vendor. Such interest shall be added
27 to the invoice at the time of submission to the Chief
28 Financial Officer Comptroller for payment whenever possible.
29 If addition of the interest penalty is not possible, the
30 agency or judicial branch shall pay the interest penalty
31 payment within 15 days after issuing the warrant. The
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1 provisions of this paragraph apply only to undisputed amounts
2 for which payment has been authorized. Disputes shall be
3 resolved in accordance with rules developed and adopted by the
4 Chief Justice for the judicial branch, and rules adopted by
5 the Department of Financial Services Banking and Finance or in
6 a formal administrative proceeding before an administrative
7 law judge of the Division of Administrative Hearings for state
8 agencies, provided that, for the purposes of ss. 120.569 and
9 120.57(1), no party to a dispute involving less than $1,000 in
10 interest penalties shall be deemed to be substantially
11 affected by the dispute or to have a substantial interest in
12 the decision resolving the dispute. In the case of an error on
13 the part of the vendor, the 40-day period shall begin to run
14 upon receipt by the agency or the judicial branch of a
15 corrected invoice or other remedy of the error. The provisions
16 of this paragraph do not apply when the filing requirement
17 under subsection (1) or subsection (2) has been waived in
18 whole by the Department of Financial Services Banking and
19 Finance. The various state agencies and the judicial branch
20 shall be responsible for initiating the penalty payments
21 required by this subsection and shall use this subsection as
22 authority to make such payments. The budget request submitted
23 to the Legislature shall specifically disclose the amount of
24 any interest paid by any agency or the judicial branch
25 pursuant to this subsection. The temporary unavailability of
26 funds to make a timely payment due for goods or services does
27 not relieve an agency or the judicial branch from the
28 obligation to pay interest penalties under this section.
29 (c) An agency or the judicial branch may make partial
30 payments to a contractor upon partial delivery of goods or
31 services or upon partial completion of construction when a
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1 request for such partial payment is made by the contractor and
2 approved by the agency. Provisions of this section and rules
3 of the Department of Financial Services Banking and Finance
4 shall apply to partial payments in the same manner as they
5 apply to full payments.
6 (4) If the terms of the invoice provide a discount for
7 payment in less than 30 days, agencies of the state and the
8 judicial branch shall preferentially process it and use all
9 diligence to obtain the saving by compliance with the invoice
10 terms.
11 (5) All purchasing agreements between a state agency
12 or the judicial branch and a vendor, applicable to this
13 section, shall include a statement of the vendor's rights and
14 the state's responsibilities under this section. The vendor's
15 rights shall include being provided with the telephone number
16 of the vendor ombudsman within the Department of Financial
17 Services Banking and Finance, which information shall also be
18 placed on all agency or judicial branch purchase orders.
19 (6) The Department of Financial Services Banking and
20 Finance shall monitor each agency's and the judicial branch's
21 compliance with the time limits and interest penalty
22 provisions of this section. The department shall provide a
23 report to an agency or to the judicial branch if the
24 department determines that the agency or the judicial branch
25 has failed to maintain an acceptable rate of compliance with
26 the time limits and interest penalty provisions of this
27 section. The department shall establish criteria for
28 determining acceptable rates of compliance. The report shall
29 also include a list of late vouchers or payments, the amount
30 of interest owed or paid, and any corrective actions
31 recommended. The department shall perform monitoring
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1 responsibilities, pursuant to this section, using the
2 Management Services and Purchasing Subsystem or the Florida
3 Accounting Information Resource Subsystem provided in s.
4 215.94. Each agency and the judicial branch shall be
5 responsible for the accuracy of information entered into the
6 Management Services and Purchasing Subsystem and the Florida
7 Accounting Information Resource Subsystem for use in this
8 monitoring.
9 (7) There is created a vendor ombudsman within the
10 Department of Financial Services Banking and Finance who shall
11 be responsible for the following functions:
12 (a) Performing the duties of the department pursuant
13 to subsection (6).
14 (b) Reviewing requests for waivers due to exceptional
15 circumstances.
16 (c) Disseminating information relative to the prompt
17 payment policies of this state and assisting vendors in
18 receiving their payments in a timely manner.
19 (d) Performing such other duties as determined by the
20 department.
21 (8) The Department of Financial Services Banking and
22 Finance is authorized and directed to adopt and promulgate
23 rules and regulations to implement this section and for
24 resolution of disputes involving amounts of less than $1,000
25 in interest penalties for state agencies. No agency or the
26 judicial branch shall adopt any rule or policy that is
27 inconsistent with this section or the Department of Financial
28 Services' Banking and Finance's rules or policies.
29 (9) Each agency and the judicial branch shall include
30 in the official position description of every officer or
31 employee who is responsible for the approval or processing of
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1 vendors' invoices or distribution of warrants to vendors that
2 the requirements of this section are mandatory.
3 (10) Persistent failure to comply with this section by
4 any agency of the state or the judicial branch shall
5 constitute good cause for discharge of employees duly found
6 responsible, or predominantly responsible, for failure to
7 comply.
8 (11) Travel and other reimbursements to state officers
9 and employees must be the same as payments to vendors under
10 this section, except payment of Class C travel subsistence.
11 Class C travel subsistence shall be paid in accordance with
12 the schedule established by the Chief Financial Officer
13 Comptroller pursuant to s. 112.061(5)(b). This section does
14 not apply to payments made to state agencies, the judicial
15 branch, or the legislative branch.
16 (12) In the event that a state agency or the judicial
17 branch contracts with a third party, uses a revolving fund, or
18 pays from a local bank account to process and pay invoices for
19 goods or services, all requirements for financial obligations
20 and time processing set forth in this section shall be
21 applicable and the state agency or the judicial branch shall
22 be responsible for paying vendors the interest assessed for
23 untimely payment. The state agency or the judicial branch may,
24 through its contract with a third party, require the third
25 party to pay interest from the third party's funds.
26 (13) Notwithstanding the provisions of subsections (3)
27 and (12), in order to alleviate any hardship that may be
28 caused to a health care provider as a result of delay in
29 receiving reimbursement for services, any payment or payments
30 for hospital, medical, or other health care services which are
31 to be reimbursed by a state agency or the judicial branch,
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1 either directly or indirectly, shall be made to the health
2 care provider not more than 35 days from the date eligibility
3 for payment of such claim is determined. If payment is not
4 issued to a health care provider within 35 days after the date
5 eligibility for payment of the claim is determined, the state
6 agency or the judicial branch shall pay the health care
7 provider interest at a rate of 1 percent per month calculated
8 on a calendar day basis on the unpaid balance from the
9 expiration of such 35-day period until such time as payment is
10 made to the health care provider, unless a waiver in whole has
11 been granted by the Department of Financial Services Banking
12 and Finance pursuant to subsection (1) or subsection (2).
13 (14) The Chief Financial Officer Comptroller may adopt
14 rules to authorize advance payments for goods and services,
15 including, but not limited to, maintenance agreements and
16 subscriptions. Such rules shall provide objective criteria
17 for determining when it is in the best interest of the state
18 to make payments in advance and shall also provide for
19 adequate protection to ensure that such goods or services will
20 be provided.
21 (15) Nothing contained in this section shall be
22 construed to be an appropriation. Any interest which becomes
23 due and owing pursuant to this section shall only be payable
24 from the appropriation charged for such goods or services.
25 (16) Notwithstanding the provisions of s. 24.120(3),
26 applicable to warrants issued for payment of invoices
27 submitted by the Department of the Lottery, the Chief
28 Financial Officer Comptroller may, by written agreement with
29 the Department of the Lottery, establish a shorter time
30 requirement than the 10 days provided in subsection (2) for
31 warrants issued for payment. Pursuant to such written
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1 agreement, the Department of the Lottery shall reimburse the
2 Chief Financial Officer Comptroller for costs associated with
3 processing invoices under the agreement.
4 Section 223. Subsection (1) of section 215.44, Florida
5 Statutes, is amended to read:
6 215.44 Board of Administration; powers and duties in
7 relation to investment of trust funds.--
8 (1) Except when otherwise specifically provided by the
9 State Constitution and subject to any limitations of the trust
10 agreement relating to a trust fund, the Board of
11 Administration, hereinafter sometimes referred to as "board,"
12 composed of the Governor as chair, the Chief Financial Officer
13 Treasurer, and the Attorney General Comptroller, shall invest
14 all the funds in the System Trust Fund, as defined in s.
15 121.021(36), and all other funds specifically required by law
16 to be invested by the board pursuant to ss. 215.44-215.53 to
17 the fullest extent that is consistent with the cash
18 requirements, trust agreement, and investment objectives of
19 the fund. Notwithstanding any other law to the contrary, the
20 State Board of Administration may invest any funds of any
21 state agency or any unit of local government pursuant to the
22 terms of a trust agreement with the head of the state agency
23 or the governing body of the unit of local government, which
24 trust agreement shall govern the investment of such funds,
25 provided that the board shall approve the undertaking of such
26 investment before execution of the trust agreement by the
27 State Board of Administration. The funds and the earnings
28 therefrom are exempt from the service charge imposed by s.
29 215.20. As used in this subsection, the term "state agency"
30 has the same meaning as that provided in s. 216.001, and the
31
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1 terms "governing body" and "unit of local government" have the
2 same meaning as that provided in s. 218.403.
3 Section 224. Section 215.50, Florida Statutes, is
4 amended to read:
5 215.50 Custody of securities purchased; income.--
6 (1) All securities purchased or held may, with the
7 approval of the board, be in the custody of the Chief
8 Financial Officer Treasurer or the Chief Financial Officer
9 Treasurer as treasurer ex officio of the board, or be
10 deposited with a bank or trust company to be held in
11 safekeeping by such bank or trust company for the collection
12 of principal and interest or of the proceeds of the sale
13 thereof.
14 (2) It shall be the duty of the board or of the Chief
15 Financial Officer Treasurer, as custodian of the securities of
16 the board, to collect the interest or other income on, and the
17 principal of, such securities in their custody as the sums
18 become due and payable and to pay the same, when so collected,
19 into the investment account of the fund to which the
20 investments belong.
21 (3) The Chief Financial Officer Treasurer, as
22 custodian of securities owned by the Florida Retirement System
23 Trust Fund and the Florida Survivor Benefit Trust Fund, shall
24 collect the interest, dividends, prepayments, maturities,
25 proceeds from sales, and other income accruing from such
26 assets. As such income is collected by the Chief Financial
27 Officer Treasurer, it shall be deposited directly into a
28 commercial bank to the credit of the State Board of
29 Administration. Such bank accounts as may be required for
30 this purpose shall offer satisfactory collateral security as
31 provided by chapter 280. In the event funds so deposited
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1 according to the provisions of this section are required for
2 the purpose of paying benefits or other operational needs, the
3 State Board of Administration shall remit to the Florida
4 Retirement System Trust Fund in the State Treasury such
5 amounts as may be requested by the Department of Management
6 Services.
7 (4) Securities that the board selects to use for
8 options operations under s. 215.45 or for lending under s.
9 215.47(16) shall be registered by the Chief Financial Officer
10 Treasurer in the name of a third-party nominee in order to
11 facilitate such operations.
12 Section 225. Section 215.551, Florida Statutes, is
13 amended to read:
14 215.551 Federal Use of State Lands Trust Fund; county
15 distribution.--
16 (1) The Chief Financial Officer Comptroller may make
17 distribution of the Federal Use of State Lands Trust Fund,
18 when so requested by the counties in interest, of such amounts
19 as may be accumulated in that fund.
20 (2) The Chief Financial Officer Comptroller shall
21 ascertain, from the records of the General Land Office or
22 other departments in Washington, D.C., the number of acres of
23 land situated in the several counties in which the
24 Apalachicola, Choctawhatchee, Ocala, and Osceola Forest
25 Reserves are located, the number of acres of land of such
26 forest reserve embraced in each of the counties in each of the
27 reserves, and, also, the amount of money received by the
28 United States Government from each of the reserves,
29 respectively. The Chief Financial Officer Comptroller shall
30 apportion the money on hand to each county in each reserve,
31 respectively and separately; such distribution shall be based
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1 upon the number of acres of land embraced in the Apalachicola
2 Forest, Choctawhatchee Forest, Ocala Forest, and Osceola
3 Forest, respectively, in each county and shall be further
4 based upon the amount collected by the United States from each
5 of such forests, so that such distribution, when made, will
6 include for each county the amount due each county, based upon
7 the receipts for the particular forest and the acreage in the
8 particular county in which such forest is located. The Chief
9 Financial Officer Comptroller shall issue two warrants on the
10 Treasurer in each case, the sum of which shall be the amount
11 due each of such counties from the fund. One warrant shall be
12 payable to the county for the county general road fund, and
13 one warrant, of equal amount, shall be payable to such
14 county's district school board for the district school fund.
15 (3) In the event that actual figures of receipts from
16 different reserves cannot be obtained by counties, so as to
17 fully comply with subsections (1) and (2), the Chief Financial
18 Officer Comptroller may adjust the matter according to the
19 United States statutes, or as may appear to him or her to be
20 just and fair, and with the approval of all counties in
21 interest.
22 (4) The moneys that may be received and credited to
23 the Federal Use of State Lands Trust Fund are appropriated for
24 the payment of the warrants of the Chief Financial Officer
25 Comptroller drawn on the Treasurer in pursuance of this
26 section.
27 Section 226. Section 215.552, Florida Statutes, is
28 amended to read:
29 215.552 Federal Use of State Lands Trust Fund; land
30 within military installations; county distribution.--The Chief
31 Financial Officer Comptroller shall distribute moneys from the
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1 Federal Use of State Lands Trust Fund when so requested by the
2 counties so affected. The Chief Financial Officer Comptroller
3 shall apportion the money on hand equal to the percentage of
4 land in each county within each military installation, and the
5 amount so apportioned to each county shall be applied by such
6 counties equally divided between the district school fund and
7 the general road fund of such counties.
8 Section 227. Paragraph (c) of subsection (2),
9 paragraph (d) of subsection (4), and paragraphs (a), (b), and
10 (c) of subsection (6) of section 215.555, Florida Statutes,
11 are amended to read:
12 215.555 Florida Hurricane Catastrophe Fund.--
13 (2) DEFINITIONS.--As used in this section:
14 (c) "Covered policy" means any insurance policy
15 covering residential property in this state, including, but
16 not limited to, any homeowner's, mobile home owner's, farm
17 owner's, condominium association, condominium unit owner's,
18 tenant's, or apartment building policy, or any other policy
19 covering a residential structure or its contents issued by any
20 authorized insurer, including any joint underwriting
21 association or similar entity created pursuant to law.
22 Additionally, covered policies include policies covering the
23 peril of wind removed from the Florida Residential Property
24 and Casualty Joint Underwriting Association, created pursuant
25 to s. 627.351(6), or from the Florida Windstorm Underwriting
26 Association, created pursuant to s. 627.351(2), by an
27 authorized insurer under the terms and conditions of an
28 executed assumption agreement between the authorized insurer
29 and either such association. Each assumption agreement between
30 either association and such authorized insurer must be
31 approved by the Florida Department of Financial Services
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1 Insurance prior to the effective date of the assumption, and
2 the Department of Financial Services Insurance must provide
3 written notification to the board within 15 working days after
4 such approval. "Covered policy" does not include any policy
5 that excludes wind coverage or hurricane coverage or any
6 reinsurance agreement and does not include any policy
7 otherwise meeting this definition which is issued by a surplus
8 lines insurer or a reinsurer.
9 (4) REIMBURSEMENT CONTRACTS.--
10 (d)1. For purposes of determining potential liability
11 and to aid in the sound administration of the fund, the
12 contract shall require each insurer to report such insurer's
13 losses from each covered event on an interim basis, as
14 directed by the board. The contract shall require the insurer
15 to report to the board no later than December 31 of each year,
16 and quarterly thereafter, its reimbursable losses from covered
17 events for the year. The contract shall require the board to
18 determine and pay, as soon as practicable after receiving
19 these reports of reimbursable losses, the initial amount of
20 reimbursement due and adjustments to this amount based on
21 later loss information. The adjustments to reimbursement
22 amounts shall require the board to pay, or the insurer to
23 return, amounts reflecting the most recent calculation of
24 losses.
25 2. In determining reimbursements pursuant to this
26 subsection, the contract shall provide that the board shall:
27 a. First reimburse insurers writing covered policies,
28 which insurers are in full compliance with this section and
29 have petitioned the Department of Financial Services Insurance
30 and qualified as limited apportionment companies under s.
31 627.351(2)(b)3. The amount of such reimbursement shall be the
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1 lesser of $10 million or an amount equal to 10 times the
2 insurer's reimbursement premium for the current year. The
3 amount of reimbursement paid under this sub-subparagraph may
4 not exceed the full amount of reimbursement promised in the
5 reimbursement contract. This sub-subparagraph does not apply
6 with respect to any contract year in which the year-end
7 projected cash balance of the fund, exclusive of any bonding
8 capacity of the fund, exceeds $2 billion. Only one member of
9 any insurer group may receive reimbursement under this
10 sub-subparagraph.
11 b. Next pay to each insurer such insurer's projected
12 payout, which is the amount of reimbursement it is owed, up to
13 an amount equal to the insurer's share of the actual premium
14 paid for that contract year, multiplied by the actual
15 claims-paying capacity available for that contract year;
16 provided, entities created pursuant to s. 627.351 shall be
17 further reimbursed in accordance with sub-subparagraph c.
18 c. Thereafter, establish, based on reimbursable
19 losses, the prorated reimbursement level at the highest level
20 for which any remaining fund balance or bond proceeds are
21 sufficient to reimburse entities created pursuant to s.
22 627.351 for losses exceeding the amounts payable pursuant to
23 sub-subparagraph b. for the current contract year.
24 (6) REVENUE BONDS.--
25 (a) General provisions.--
26 1. Upon the occurrence of a hurricane and a
27 determination that the moneys in the fund are or will be
28 insufficient to pay reimbursement at the levels promised in
29 the reimbursement contracts, the board may take the necessary
30 steps under paragraph (b) or paragraph (c) for the issuance of
31 revenue bonds for the benefit of the fund. The proceeds of
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1 such revenue bonds may be used to make reimbursement payments
2 under reimbursement contracts; to refinance or replace
3 previously existing borrowings or financial arrangements; to
4 pay interest on bonds; to fund reserves for the bonds; to pay
5 expenses incident to the issuance or sale of any bond issued
6 under this section, including costs of validating, printing,
7 and delivering the bonds, costs of printing the official
8 statement, costs of publishing notices of sale of the bonds,
9 and related administrative expenses; or for such other
10 purposes related to the financial obligations of the fund as
11 the board may determine. The term of the bonds may not exceed
12 30 years. The board may pledge or authorize the corporation to
13 pledge all or a portion of all revenues under subsection (5)
14 and under subparagraph 3. to secure such revenue bonds and the
15 board may execute such agreements between the board and the
16 issuer of any revenue bonds and providers of other financing
17 arrangements under paragraph (7)(b) as the board deems
18 necessary to evidence, secure, preserve, and protect such
19 pledge. If reimbursement premiums received under subsection
20 (5) or earnings on such premiums are used to pay debt service
21 on revenue bonds, such premiums and earnings shall be used
22 only after the use of the moneys derived from assessments
23 under subparagraph 3. The funds, credit, property, or taxing
24 power of the state or political subdivisions of the state
25 shall not be pledged for the payment of such bonds. The board
26 may also enter into agreements under paragraph (b) or
27 paragraph (c) for the purpose of issuing revenue bonds in the
28 absence of a hurricane upon a determination that such action
29 would maximize the ability of the fund to meet future
30 obligations.
31
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1 2. The Legislature finds and declares that the
2 issuance of bonds under this subsection is for the public
3 purpose of paying the proceeds of the bonds to insurers,
4 thereby enabling insurers to pay the claims of policyholders
5 to assure that policyholders are able to pay the cost of
6 construction, reconstruction, repair, restoration, and other
7 costs associated with damage to property of policyholders of
8 covered policies after the occurrence of a hurricane. Revenue
9 bonds may not be issued under this subsection until validated
10 under chapter 75. The validation of at least the first
11 obligations incurred pursuant to this subsection shall be
12 appealed to the Supreme Court, to be handled on an expedited
13 basis.
14 3. If the board determines that the amount of revenue
15 produced under subsection (5) is insufficient to fund the
16 obligations, costs, and expenses of the fund and the
17 corporation, including repayment of revenue bonds, the board
18 shall direct the Department of Financial Services Insurance to
19 levy an emergency assessment on each insurer writing property
20 and casualty business in this state. Pursuant to the emergency
21 assessment, each such insurer shall pay to the corporation by
22 July 1 of each year an amount set by the board not exceeding 2
23 percent of its gross direct written premium for the prior year
24 from all property and casualty business in this state except
25 for workers' compensation, except that, if the Governor has
26 declared a state of emergency under s. 252.36 due to the
27 occurrence of a covered event, the amount of the assessment
28 for the contract year may be increased to an amount not
29 exceeding 4 percent of such premium. Any assessment authority
30 not used for the contract year may be used for a subsequent
31 contract year. If, for a subsequent contract year, the board
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1 determines that the amount of revenue produced under
2 subsection (5) is insufficient to fund the obligations, costs,
3 and expenses of the fund and the corporation, including
4 repayment of revenue bonds for that contract year, the board
5 shall direct the Department of Financial Services Insurance to
6 levy an emergency assessment up to an amount not exceeding the
7 amount of unused assessment authority from a previous contract
8 year or years, plus an additional 2 percent if the Governor
9 has declared a state of emergency under s. 252.36 due to the
10 occurrence of a covered event. Any assessment authority not
11 used for the contract year may be used for a subsequent
12 contract year. As used in this subsection, the term "property
13 and casualty business" includes all lines of business
14 identified on Form 2, Exhibit of Premiums and Losses, in the
15 annual statement required by s. 624.424 and any rules adopted
16 under such section, except for those lines identified as
17 accident and health insurance. The annual assessments under
18 this subparagraph shall continue as long as the revenue bonds
19 issued with respect to which the assessment was imposed are
20 outstanding, unless adequate provision has been made for the
21 payment of such bonds pursuant to the documents authorizing
22 issuance of the bonds. An insurer shall not at any time be
23 subject to aggregate annual assessments under this
24 subparagraph of more than 2 percent of premium, except that in
25 the case of a declared emergency, an insurer shall not at any
26 time be subject to aggregate annual assessments under this
27 subparagraph of more than 6 percent of premium; provided, no
28 more than 4 percent may be assessed for any one contract year.
29 Any rate filing or portion of a rate filing reflecting a rate
30 change attributable entirely to the assessment levied under
31 this subparagraph shall be deemed approved when made, subject
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1 to the authority of the Department of Financial Services
2 Insurance to require actuarial justification as to the
3 adequacy of any rate at any time. If the rate filing reflects
4 only a rate change attributable to the assessment under this
5 paragraph, the filing may consist of a certification so
6 stating. The assessments otherwise payable to the corporation
7 pursuant to this subparagraph shall be paid instead to the
8 fund unless and until the Department of Financial Services
9 Insurance has received from the corporation and the fund a
10 notice, which shall be conclusive and upon which the
11 Department of Financial Services Insurance may rely without
12 further inquiry, that the corporation has issued bonds and the
13 fund has no agreements in effect with local governments
14 pursuant to paragraph (b). On or after the date of such
15 notice and until such date as the corporation has no bonds
16 outstanding, the fund shall have no right, title, or interest
17 in or to the assessments, except as provided in the fund's
18 agreements with the corporation.
19 (b) Revenue bond issuance through counties or
20 municipalities.--
21 1. If the board elects to enter into agreements with
22 local governments for the issuance of revenue bonds for the
23 benefit of the fund, the board shall enter into such contracts
24 with one or more local governments, including agreements
25 providing for the pledge of revenues, as are necessary to
26 effect such issuance. The governing body of a county or
27 municipality is authorized to issue bonds as defined in s.
28 125.013 or s. 166.101 from time to time to fund an assistance
29 program, in conjunction with the Florida Hurricane Catastrophe
30 Fund, for the purposes set forth in this section or for the
31 purpose of paying the costs of construction, reconstruction,
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1 repair, restoration, and other costs associated with damage to
2 properties of policyholders of covered policies due to the
3 occurrence of a hurricane by assuring that policyholders
4 located in this state are able to recover claims under
5 property insurance policies after a covered event.
6 2. In order to avoid needless and indiscriminate
7 proliferation, duplication, and fragmentation of such
8 assistance programs, any local government may provide for the
9 payment of fund reimbursements, regardless of whether or not
10 the losses for which reimbursement is made occurred within or
11 outside of the territorial jurisdiction of the local
12 government.
13 3. The state hereby covenants with holders of bonds
14 issued under this paragraph that the state will not repeal or
15 abrogate the power of the board to direct the Department of
16 Financial Services Insurance to levy the assessments and to
17 collect the proceeds of the revenues pledged to the payment of
18 such bonds as long as any such bonds remain outstanding unless
19 adequate provision has been made for the payment of such bonds
20 pursuant to the documents authorizing the issuance of such
21 bonds.
22 4. There shall be no liability on the part of, and no
23 cause of action shall arise against any members or employees
24 of the governing body of a local government for any actions
25 taken by them in the performance of their duties under this
26 paragraph.
27 (c) Florida Hurricane Catastrophe Fund Finance
28 Corporation.--
29 1. In addition to the findings and declarations in
30 subsection (1), the Legislature also finds and declares that:
31
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1 a. The public benefits corporation created under this
2 paragraph will provide a mechanism necessary for the
3 cost-effective and efficient issuance of bonds. This mechanism
4 will eliminate unnecessary costs in the bond issuance process,
5 thereby increasing the amounts available to pay reimbursement
6 for losses to property sustained as a result of hurricane
7 damage.
8 b. The purpose of such bonds is to fund reimbursements
9 through the Florida Hurricane Catastrophe Fund to pay for the
10 costs of construction, reconstruction, repair, restoration,
11 and other costs associated with damage to properties of
12 policyholders of covered policies due to the occurrence of a
13 hurricane.
14 c. The efficacy of the financing mechanism will be
15 enhanced by the corporation's ownership of the assessments, by
16 the insulation of the assessments from possible bankruptcy
17 proceedings, and by covenants of the state with the
18 corporation's bondholders.
19 2.a. There is created a public benefits corporation,
20 which is an instrumentality of the state, to be known as the
21 Florida Hurricane Catastrophe Fund Finance Corporation.
22 b. The corporation shall operate under a five-member
23 board of directors consisting of the Governor or a designee,
24 the Chief Financial Officer Comptroller or a designee, the
25 Attorney General Treasurer or a designee, the director of the
26 Division of Bond Finance of the State Board of Administration,
27 and the chief operating officer of the Florida Hurricane
28 Catastrophe Fund.
29 c. The corporation has all of the powers of
30 corporations under chapter 607 and under chapter 617, subject
31 only to the provisions of this subsection.
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1 d. The corporation may issue bonds and engage in such
2 other financial transactions as are necessary to provide
3 sufficient funds to achieve the purposes of this section.
4 e. The corporation may invest in any of the
5 investments authorized under s. 215.47.
6 f. There shall be no liability on the part of, and no
7 cause of action shall arise against, any board members or
8 employees of the corporation for any actions taken by them in
9 the performance of their duties under this paragraph.
10 3.a. In actions under chapter 75 to validate any bonds
11 issued by the corporation, the notice required by s. 75.06
12 shall be published only in Leon County and in two newspapers
13 of general circulation in the state, and the complaint and
14 order of the court shall be served only on the State Attorney
15 of the Second Judicial Circuit.
16 b. The state hereby covenants with holders of bonds of
17 the corporation that the state will not repeal or abrogate the
18 power of the board to direct the Department of Financial
19 Services Insurance to levy the assessments and to collect the
20 proceeds of the revenues pledged to the payment of such bonds
21 as long as any such bonds remain outstanding unless adequate
22 provision has been made for the payment of such bonds pursuant
23 to the documents authorizing the issuance of such bonds.
24 4. The bonds of the corporation are not a debt of the
25 state or of any political subdivision, and neither the state
26 nor any political subdivision is liable on such bonds. The
27 corporation does not have the power to pledge the credit, the
28 revenues, or the taxing power of the state or of any political
29 subdivision. The credit, revenues, or taxing power of the
30 state or of any political subdivision shall not be deemed to
31 be pledged to the payment of any bonds of the corporation.
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1 5.a. The property, revenues, and other assets of the
2 corporation; the transactions and operations of the
3 corporation and the income from such transactions and
4 operations; and all bonds issued under this paragraph and
5 interest on such bonds are exempt from taxation by the state
6 and any political subdivision, including the intangibles tax
7 under chapter 199 and the income tax under chapter 220. This
8 exemption does not apply to any tax imposed by chapter 220 on
9 interest, income, or profits on debt obligations owned by
10 corporations other than the Florida Hurricane Catastrophe Fund
11 Finance Corporation.
12 b. All bonds of the corporation shall be and
13 constitute legal investments without limitation for all public
14 bodies of this state; for all banks, trust companies, savings
15 banks, savings associations, savings and loan associations,
16 and investment companies; for all administrators, executors,
17 trustees, and other fiduciaries; for all insurance companies
18 and associations and other persons carrying on an insurance
19 business; and for all other persons who are now or may
20 hereafter be authorized to invest in bonds or other
21 obligations of the state and shall be and constitute eligible
22 securities to be deposited as collateral for the security of
23 any state, county, municipal, or other public funds. This
24 sub-subparagraph shall be considered as additional and
25 supplemental authority and shall not be limited without
26 specific reference to this sub-subparagraph.
27 6. The corporation and its corporate existence shall
28 continue until terminated by law; however, no such law shall
29 take effect as long as the corporation has bonds outstanding
30 unless adequate provision has been made for the payment of
31 such bonds pursuant to the documents authorizing the issuance
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1 of such bonds. Upon termination of the existence of the
2 corporation, all of its rights and properties in excess of its
3 obligations shall pass to and be vested in the state.
4 Section 228. Subsection (5) of section 215.559,
5 Florida Statutes, is amended to read:
6 215.559 Hurricane Loss Mitigation Program.--
7 (5) Except for the program set forth in subsection
8 (3), the Department of Community Affairs shall develop the
9 programs set forth in this section in consultation with an
10 advisory council consisting of a representative designated by
11 the Department of Financial Services Insurance, a
12 representative designated by the Florida Home Builders
13 Association, a representative designated by the Florida
14 Insurance Council, a representative designated by the
15 Federation of Manufactured Home Owners, a representative
16 designated by the Florida Association of Counties, and a
17 representative designated by the Florida Manufactured Housing
18 Association.
19 Section 229. Paragraph (c) of subsection (1) and
20 paragraph (a) of subsection (3) of section 215.56005, Florida
21 Statutes, are amended to read:
22 215.56005 Tobacco Settlement Financing Corporation.--
23 (1) DEFINITIONS.--As used in this section:
24 (c) "Department" means the Department of Financial
25 Services Banking and Finance or its successor.
26 (3) POWERS OF THE DEPARTMENT.--
27 (a) The department is authorized, on behalf of the
28 state, to do all things necessary or desirable to assist the
29 corporation in the execution of the corporation's
30 responsibilities, including, but not limited to, processing
31 budget amendments against the Department of Financial Services
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1 Banking and Finance Tobacco Settlement Clearing Trust Fund,
2 subject to the requirements of s. 216.177, for the costs and
3 expenses of administration of the corporation in an amount not
4 to exceed $500,000; entering into one or more purchase
5 agreements to sell to the corporation any or all of the
6 state's right, title, and interest in and to the tobacco
7 settlement agreement; executing any administrative agreements
8 with the corporation to fund the administration, operation,
9 and expenses of the corporation from moneys appropriated for
10 such purpose; and executing and delivering any and all other
11 documents and agreements necessary or desirable in connection
12 with the sale of any or all of the state's right, title, and
13 interest in and to the tobacco settlement agreement to the
14 corporation or the issuance of the bonds by the corporation.
15 The department's authority to sell any or all of the state's
16 right, title, and interest in and to the tobacco settlement
17 agreement is subject to approval by the Legislature in a
18 regular, extended, or special session.
19 Section 230. Subsection (3) and paragraph (a) of
20 subsection (5) of section 215.5601, Florida Statutes, are
21 amended to read:
22 215.5601 Lawton Chiles Endowment Fund.--
23 (3) LAWTON CHILES ENDOWMENT FUND; CREATION;
24 PRINCIPAL.--
25 (a) There is created the Lawton Chiles Endowment Fund,
26 to be administered by the State Board of Administration. The
27 endowment shall serve as a clearing trust fund, not subject to
28 termination under s. 19(f), Art. III of the State
29 Constitution. The endowment fund shall be exempt from the
30 service charges imposed by s. 215.20.
31
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1 (b) The endowment shall receive moneys from the sale
2 of the state's right, title, and interest in and to the
3 tobacco settlement agreement as defined in s. 215.56005,
4 including the right to receive payments under such agreement,
5 and from accounts transferred from the Department of Financial
6 Services Banking and Finance Tobacco Settlement Clearing Trust
7 Fund established under s. 17.41. Amounts to be transferred
8 from the Department of Financial Services Banking and Finance
9 Tobacco Settlement Clearing Trust Fund to the endowment shall
10 be in the following amounts for the following fiscal years:
11 1. For fiscal year 1999-2000, $1.1 billion;
12 2. For fiscal year 2000-2001, $200 million;
13 3. For fiscal year 2001-2002, $200 million;
14 4. For fiscal year 2002-2003, $200 million; and
15 (c) Amounts to be transferred under subparagraphs
16 (b)2., 3., and 4. may be reduced by an amount equal to the
17 lesser of $200 million or the amount the endowment receives in
18 that fiscal year from the sale of the state's right, title,
19 and interest in and to the tobacco settlement agreement.
20 (d) For fiscal year 2001-2002, $150 million of the
21 existing principal in the endowment shall be reserved and
22 accounted for within the endowment, the income from which
23 shall be used solely for the funding for biomedical research
24 activities as provided in s. 215.5602. The income from the
25 remaining principal shall be used solely as the source of
26 funding for health and human services programs for children
27 and elders as provided in subsection (5). The separate account
28 for biomedical research shall be dissolved and the entire
29 principal in the endowment shall be used exclusively for
30 health and human services programs when cures have been found
31 for tobacco-related cancer, heart, and lung disease.
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1 (5) AVAILABILITY OF FUNDS; USES.--
2 (a) Funds from the endowment which are available for
3 legislative appropriation shall be transferred by the board to
4 the Department of Financial Services Banking and Finance
5 Tobacco Settlement Clearing Trust Fund, created in s. 17.41,
6 and disbursed in accordance with the legislative
7 appropriation.
8 1. Appropriations by the Legislature to the Department
9 of Health from endowment earnings from the principal set aside
10 for biomedical research shall be from a category called the
11 Florida Biomedical Research Program and shall be deposited
12 into the Biomedical Research Trust Fund in the Department of
13 Health established in s. 20.435.
14 2. Appropriations by the Legislature to the Department
15 of Children and Family Services, the Department of Health, or
16 the Department of Elderly Affairs for health and human
17 services programs shall be from a category called the Lawton
18 Chiles Endowment Fund Programs and shall be deposited into
19 each department's respective Tobacco Settlement Trust Fund as
20 appropriated.
21 Section 231. Section 215.58, Florida Statutes, is
22 amended to read:
23 215.58 Definitions relating to State Bond Act.--The
24 following words or terms when used in this act shall have the
25 following meanings:
26 (1) "Governor" means shall mean the Governor of the
27 state or any Acting Governor or other person then exercising
28 the duties of the office of Governor.
29 (2) "Treasurer" shall mean the Insurance Commissioner
30 and Treasurer.
31 (3) "Comptroller" shall mean the State Comptroller.
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1 (2)(4) "State" means shall mean the State of Florida.
2 (3)(5) "Division" means shall mean the Division of
3 Bond Finance.
4 (4)(6) "Board" means shall mean the governing board of
5 the said division, which shall be composed of the Governor and
6 Cabinet.
7 (5)(7) "Director" means shall mean the chief
8 administrator of the division, who shall act on behalf of the
9 division when authorized by the board, as provided by this
10 act.
11 (6)(8) "State agency" means shall mean any board,
12 commission, authority, or other state agency heretofore or
13 hereafter created by the constitution or statutes of the
14 state.
15 (7)(9) "Bonds" means shall mean state bonds, or any
16 revenue bonds, certificates or other obligations heretofore or
17 hereafter authorized to be issued by said division or by any
18 state agency.
19 (8)(10) "State bonds" means shall mean bonds pledging
20 the full faith and credit of the State of Florida.
21 (9)(11) "Legislature" means shall mean the State
22 Legislature.
23 (11)(12) "Constitution" means shall mean the existing
24 constitution of the state, or any constitution hereafter
25 adopted by the people of the state, together with all
26 amendments thereof.
27 (11)(13) "Original issue discount" means the amount by
28 which the par value of a bond exceeds its public offering
29 price at the time it is originally offered to an investor.
30 (12)(14) "Governmental agency" means shall mean:
31
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1 (a) The state or any department, commission, agency,
2 or other instrumentality thereof.
3 (b) Any county or municipality or any department,
4 commission, agency, or other instrumentality thereof.
5 (c) Any school board or special district, authority,
6 or governmental entity.
7 Section 232. Subsection (1) of section 215.62, Florida
8 Statutes, is amended to read:
9 215.62 Division of Bond Finance.--
10 (1) There is hereby created a division of the State
11 Board of Administration of the state to be known as the
12 Division of Bond Finance. The Governor shall be the chair of
13 the governing board of the division, the Attorney General
14 Comptroller shall be the secretary of the board, and the Chief
15 Financial Officer Treasurer shall be the treasurer of the
16 board for the purposes of this act. The division shall be a
17 public body corporate for the purposes of this act.
18 Section 233. Subsections (2), (3), (4), (5), and (8)
19 of section 215.684, Florida Statutes, are amended to read:
20 215.684 Limitation on engaging services of securities
21 broker or bond underwriter convicted of fraud.--
22 (2) Upon notification under chapter 517 that a person
23 or firm has been convicted or has pleaded as provided in
24 subsection (1), the Chief Financial Officer Comptroller shall
25 issue a notice of intent to take action to disqualify such
26 person or firm, which notice must state that:
27 (a) Such person or firm is considered a disqualified
28 securities broker or bond underwriter;
29 (b) A state agency may not enter into a contract with
30 such person or firm as a securities broker or bond underwriter
31 for any new business for a period of 2 years;
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1 (c) The substantial rights of such person or firm as a
2 securities broker or bond underwriter are being affected and
3 the person or firm has the rights accorded pursuant to ss.
4 120.569 and 120.57; and
5 (d) Such person or firm may petition to mitigate the
6 duration of his or her disqualification, based on the criteria
7 established in subsection (3) and may request that such
8 mitigation be considered as part of any hearing under ss.
9 120.569 and 120.57.
10 (3) The Chief Financial Officer Comptroller shall
11 decide, based on the following criteria, whether or not to
12 mitigate the duration of the disqualification:
13 (a) The nature and details of the crime;
14 (b) The degree of culpability of the person or firm
15 proposed to be requalified;
16 (c) Prompt or voluntary payment of any damages or
17 penalty as a result of the conviction and disassociation from
18 any other person or firm involved in the crimes of fraud;
19 (d) Cooperation with state or federal investigation or
20 prosecution of the crime of fraud;
21 (e) Prior or future self-policing by the person or
22 firm to prevent crimes of fraud; and
23 (f) Reinstatement or clemency in any jurisdiction in
24 relation to the crime at issue in the proceeding.
25 (4) If the Chief Financial Officer Comptroller in his
26 or her sole discretion decides to mitigate the duration of the
27 disqualification based on the foregoing, the duration of
28 disqualification shall be for any period the Chief Financial
29 Officer Comptroller specifies up to 2 years from the date of
30 the person's or firm's conviction or plea. If the Chief
31 Financial Officer Comptroller refuses to mitigate the duration
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1 of the disqualification, such person or firm may again file
2 for mitigation no sooner than 9 months after denial by the
3 Chief Financial Officer Comptroller.
4 (5) Notwithstanding subsection (4), a firm or person
5 at any time may petition the Chief Financial Officer
6 Comptroller for termination of the disqualification based upon
7 a reversal of the conviction of the firm or person by an
8 appellate court or a pardon.
9 (8) Except when otherwise provided by law for crimes
10 of fraud with respect to the transaction of business with any
11 public entity or with an agency or political subdivision of
12 any other state or with the United States, this act
13 constitutes the sole authorization for determining when a
14 person or firm convicted or having pleaded guilty or nolo
15 contendere to the crime of fraud may not be engaged to provide
16 services as a securities broker or bond underwriter with the
17 state. Nothing in this act shall be construed to affect the
18 authority granted the Chief Financial Officer Comptroller
19 under chapter 517 to revoke or suspend the license of such
20 securities dealer or bond underwriter.
21 Section 234. Subsection (4) of section 215.70, Florida
22 Statutes, is amended to read:
23 215.70 State Board of Administration to act in case of
24 defaults.--
25 (4) Whenever it becomes necessary for state funds to
26 be appropriated for the payment of principal or interest on
27 bonds which have been issued by the Division of Bond Finance
28 on behalf of any local government or authority and for which
29 the full faith and credit of the state has been pledged, any
30 state shared revenues otherwise earmarked for the local
31 government or authority shall be used by the Chief Financial
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1 Officer Comptroller to reimburse the state, until the local
2 government or authority has reimbursed the state in full.
3 Section 235. Subsection (4) of section 215.91, Florida
4 Statutes, is amended to read:
5 215.91 Florida Financial Management Information
6 System; board; council.--
7 (4) The council shall provide ongoing counsel to the
8 board and act to resolve problems among or between the
9 functional owner subsystems. The board, through the
10 coordinating council, shall direct and manage the development,
11 implementation, and operation of the information subsystems
12 that together are the Florida Financial Management Information
13 System. The coordinating council shall approve the
14 information subsystems' designs prior to the development,
15 implementation, and operation of the subsystems and shall
16 approve subsequent proposed design modifications to the
17 information subsystems subject to the guidelines issued by the
18 council. The coordinating council shall ensure that the
19 information subsystems' operations support the exchange of
20 unified and coordinated data between information subsystems.
21 The coordinating council shall establish the common data codes
22 for financial management, and it shall require and ensure the
23 use of common data codes by the information subsystems that
24 together constitute the Florida Financial Management
25 Information System. The Chief Financial Officer Comptroller
26 shall adopt a chart of accounts consistent with the common
27 financial management data codes established by the
28 coordinating council. The board, through the coordinating
29 council, shall establish the financial management policies and
30 procedures for the executive branch of state government. The
31 coordinating council shall notify in writing the chairs of the
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1 legislative fiscal committees and the Chief Justice of the
2 Supreme Court regarding the adoption of, or modification to, a
3 proposed financial management policy or procedure. The notice
4 shall solicit comments from the chairs of the legislative
5 fiscal committees and the Chief Justice of the Supreme Court
6 at least 14 consecutive days before the final action by the
7 coordinating council.
8 Section 236. Subsection (5) of section 215.92, Florida
9 Statutes, is amended to read:
10 215.92 Definitions relating to Florida Financial
11 Management Information System Act.--For the purposes of ss.
12 215.90-215.96:
13 (5) "Design and coordination staff" means the
14 personnel responsible for providing administrative and
15 clerical support to the board, coordinating council, and
16 secretary to the board. The design and coordination staff
17 shall function as the agency clerk for the board and the
18 coordinating council. For administrative purposes, the design
19 and coordination staff are assigned to the Department of
20 Financial Services Banking and Finance but they are
21 functionally assigned to the board.
22 Section 237. Subsection (3) of section 215.93, Florida
23 Statutes, is amended to read:
24 215.93 Florida Financial Management Information
25 System.--
26 (3) The Florida Financial Management Information
27 System shall include financial management data and utilize the
28 chart of accounts approved by the Chief Financial Officer
29 Comptroller. Common financial management data shall include,
30 but not be limited to, data codes, titles, and definitions
31 used by one or more of the functional owner subsystems. The
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1 Florida Financial Management Information System shall utilize
2 common financial management data codes. The council shall
3 recommend and the board shall adopt policies regarding the
4 approval and publication of the financial management data.
5 The Chief Financial Officer Comptroller shall adopt policies
6 regarding the approval and publication of the chart of
7 accounts. The Chief Financial Officer's Comptroller's chart
8 of accounts shall be consistent with the common financial
9 management data codes established by the coordinating council.
10 Further, all systems not a part of the Florida Financial
11 Management Information System which provide information to the
12 system shall use the common data codes from the Florida
13 Financial Management Information System and the Chief
14 Financial Officer's Comptroller's chart of accounts. Data
15 codes that cannot be supplied by the Florida Financial
16 Management Information System and the Chief Financial
17 Officer's Comptroller's chart of accounts and that are
18 required for use by the information subsystems shall be
19 approved by the board upon recommendation of the coordinating
20 council. However, board approval shall not be required for
21 those data codes specified by the Auditor General under the
22 provisions of s. 215.94(6)(c).
23 Section 238. Subsections (2) and (3) and paragraph (a)
24 of subsection (5) of section 215.94, Florida Statutes, are
25 amended to read:
26 215.94 Designation, duties, and responsibilities of
27 functional owners.--
28 (2) The Department of Financial Services Banking and
29 Finance shall be the functional owner of the Florida
30 Accounting Information Resource Subsystem established pursuant
31 to ss. 17.03, 215.86, 216.141, and 216.151 and further
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1 developed in accordance with the provisions of ss.
2 215.90-215.96. The subsystem shall include, but shall not be
3 limited to, the following functions:
4 (a) Accounting and reporting so as to provide timely
5 data for producing financial statements for the state in
6 accordance with generally accepted accounting principles.
7 (b) Auditing and settling claims against the state.
8 (3) The Chief Financial Officer Treasurer shall be the
9 functional owner of the Cash Management Subsystem. The Chief
10 Financial Officer Treasurer shall design, implement, and
11 operate the subsystem in accordance with the provisions of ss.
12 215.90-215.96. The subsystem shall include, but shall not be
13 limited to, functions for:
14 (a) Recording and reconciling credits and debits to
15 treasury fund accounts.
16 (b) Monitoring cash levels and activities in state
17 bank accounts.
18 (c) Monitoring short-term investments of idle cash.
19 (d) Administering the provisions of the Federal Cash
20 Management Improvement Act of 1990.
21 (5) The Department of Management Services shall be the
22 functional owner of the Cooperative Personnel Employment
23 Subsystem. The department shall design, implement, and
24 operate the subsystem in accordance with the provisions of ss.
25 110.116 and 215.90-215.96. The subsystem shall include, but
26 shall not be limited to, functions for:
27 (a) Maintenance of employee and position data,
28 including funding sources and percentages and salary lapse.
29 The employee data shall include, but not be limited to,
30 information to meet the payroll system requirements of the
31 Department of Financial Services Banking and Finance and to
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1 meet the employee benefit system requirements of the
2 Department of Management Services.
3 Section 239. Subsection (1) of section 215.95, Florida
4 Statutes, is amended to read:
5 215.95 Financial Management Information Board.--
6 (1) There is created, as part of the Administration
7 Commission, the Financial Management Information Board. The
8 board shall be composed of the Governor, the Chief Financial
9 Officer Comptroller, and the Attorney General Treasurer. The
10 Governor shall be chair of the board. The Governor or the
11 Chief Financial Officer Comptroller may call a meeting of the
12 board at any time the need arises.
13 Section 240. Subsections (1) and (2) of section
14 215.96, Florida Statutes, are amended to read:
15 215.96 Coordinating council and design and
16 coordination staff.--
17 (1) The Chief Financial Officer Comptroller, as chief
18 fiscal officer of the state, shall establish a coordinating
19 council to function on a continuing basis. The coordinating
20 council shall review and recommend to the board solutions and
21 policy alternatives to ensure coordination between functional
22 owners of the various information subsystems described in ss.
23 215.90-215.96 to the extent necessary to unify all the
24 subsystems into a financial management information system.
25 (2) The coordinating council shall consist of the
26 Chief Financial Officer Comptroller; the Treasurer; the
27 secretary of the Department of Management Services; and the
28 Director of Planning and Budgeting, Executive Office of the
29 Governor, or their designees. The Chief Financial Officer
30 Comptroller, or his or her designee, shall be chair of the
31 coordinating council, and the design and coordination staff
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1 shall provide administrative and clerical support to the
2 council and the board. The design and coordination staff shall
3 maintain the minutes of each meeting and shall make such
4 minutes available to any interested person. The Auditor
5 General, the State Courts Administrator, an executive officer
6 of the Florida Association of State Agency Administrative
7 Services Directors, and an executive officer of the Florida
8 Association of State Budget Officers, or their designees,
9 shall serve without voting rights as ex officio members on the
10 coordinating council. The chair may call meetings of the
11 coordinating council as often as necessary to transact
12 business; however, the coordinating council shall meet at
13 least once a year. Action of the coordinating council shall
14 be by motion, duly made, seconded and passed by a majority of
15 the coordinating council voting in the affirmative for
16 approval of items that are to be recommended for approval to
17 the Financial Management Information Board.
18 Section 241. Section 215.965, Florida Statutes, is
19 amended to read:
20 215.965 Disbursement of state moneys.--Except as
21 provided in s. 17.076, s. 253.025(14), s. 259.041(18), s.
22 717.124(5), s. 732.107(5), or s. 733.816(5), all moneys in the
23 State Treasury shall be disbursed by state warrant, drawn by
24 the Chief Financial Officer Comptroller upon the State
25 Treasury and payable to the ultimate beneficiary. This
26 authorization shall include electronic disbursement.
27 Section 242. Paragraphs (a), (c), (j), (n), (p), and
28 (s) of subsection (2), subsections (3) and (4), paragraphs (a)
29 and (b) of subsection (5), paragraphs (a) and (d) of
30 subsection (6), paragraphs (a) and (c) of subsection (7),
31 paragraphs (e) and (g) of subsection (8), paragraph (e) of
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1 subsection (9), and paragraphs (d) and (f) of subsection (10)
2 of section 215.97, Florida Statutes, are amended to read:
3 215.97 Florida Single Audit Act.--
4 (2) Definitions; as used in this section, the term:
5 (a) "Audit threshold" means the amount to use in
6 determining when a state single audit of a nonstate entity
7 shall be conducted in accordance with this section. Each
8 nonstate entity that expends a total amount of state financial
9 assistance equal to or in excess of $300,000 in any fiscal
10 year of such nonstate entity shall be required to have a state
11 single audit for such fiscal year in accordance with the
12 requirements of this section. Every 2 years the Auditor
13 General, after consulting with the Executive Office of the
14 Governor, the Chief Financial Officer Comptroller, and all
15 state agencies that provide state financial assistance to
16 nonstate entities, shall review the amount for requiring
17 audits under this section and may adjust such dollar amount
18 consistent with the purpose of this section.
19 (c) "Catalog of State Financial Assistance" means a
20 comprehensive listing of state projects. The Catalog of State
21 Financial Assistance shall be issued by the Executive Office
22 of the Governor after conferring with the Chief Financial
23 Officer Comptroller and all state agencies that provide state
24 financial assistance to nonstate entities. The Catalog of
25 State Financial Assistance shall include for each listed state
26 project: the responsible state agency; standard state project
27 number identifier; official title; legal authorization; and
28 description of the state project, including objectives,
29 restrictions, application and awarding procedures, and other
30 relevant information determined necessary.
31
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1 (j) "Major state project" means any state project
2 meeting the criteria as stated in the rules of the Executive
3 Office of the Governor. Such criteria shall be established
4 after consultation with the Chief Financial Officer
5 Comptroller and appropriate state agencies that provide state
6 financial assistance and shall consider the amount of state
7 project expenditures or expenses or inherent risks. Each major
8 state project shall be audited in accordance with the
9 requirements of this section.
10 (n) "Schedule of State Financial Assistance" means a
11 document prepared in accordance with the rules of the Chief
12 Financial Officer Comptroller and included in each financial
13 reporting package required by this section.
14 (p) "State financial assistance" means financial
15 assistance from state resources, not including federal
16 financial assistance and state matching, provided to nonstate
17 entities to carry out a state project. "State financial
18 assistance" includes all types of state assistance as stated
19 in the rules of the Executive Office of the Governor
20 established in consultation with the Chief Financial Officer
21 Comptroller and appropriate state agencies that provide state
22 financial assistance. It includes state financial assistance
23 provided directly by state awarding agencies or indirectly by
24 recipients of state awards or subrecipients. It does not
25 include procurement contracts used to buy goods or services
26 from vendors. Audits of such procurement contracts with
27 vendors are outside of the scope of this section. Also, audits
28 of contracts to operate state-government-owned and
29 contractor-operated facilities are excluded from the audit
30 requirements of this section.
31
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1 (s) "State Projects Compliance Supplement" means a
2 document issued by the Executive Office of the Governor, in
3 consultation with the Chief Financial Officer Comptroller and
4 all state agencies that provide state financial assistance.
5 The State Projects Compliance Supplement shall identify state
6 projects, the significant compliance requirements, eligibility
7 requirements, matching requirements, suggested audit
8 procedures, and other relevant information determined
9 necessary.
10 (3) The Executive Office of the Governor shall:
11 (a) Upon conferring with the Chief Financial Officer
12 Comptroller and all state awarding agencies, adopt rules
13 necessary to provide appropriate guidance to state awarding
14 agencies, recipients and subrecipients, and independent
15 auditors of state financial assistance relating to the
16 requirements of this section, including:
17 1. The types or classes of financial assistance
18 considered to be state financial assistance which would be
19 subject to the requirements of this section. This would
20 include guidance to assist in identifying when the state
21 agency or recipient has contracted with a vendor rather than
22 with a recipient or subrecipient.
23 2. The criteria for identifying a major state project.
24 3. The criteria for selecting state projects for
25 audits based on inherent risk.
26 (b) Be responsible for coordinating the initial
27 preparation and subsequent revisions of the Catalog of State
28 Financial Assistance after consultation with the Chief
29 Financial Officer Comptroller and all state awarding agencies.
30 (c) Be responsible for coordinating the initial
31 preparation and subsequent revisions of the State Projects
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1 Compliance Supplement, after consultation with the Chief
2 Financial Officer Comptroller and all state awarding agencies.
3 (4) The Chief Financial Officer Comptroller shall:
4 (a) Make enhancements to the state's accounting system
5 to provide for the:
6 1. Recording of state financial assistance and federal
7 financial assistance appropriations and expenditures within
8 the state awarding agencies' operating funds.
9 2. Recording of state project number identifiers, as
10 provided in the Catalog of State Financial Assistance, for
11 state financial assistance.
12 3. Establishment and recording of an identification
13 code for each financial transaction, including state agencies'
14 disbursements of state financial assistance and federal
15 financial assistance, as to the corresponding type or
16 organization that is party to the transaction (e.g., other
17 governmental agencies, nonprofit organizations, and for-profit
18 organizations), and disbursements of federal financial
19 assistance, as to whether the party to the transaction is or
20 is not a recipient or subrecipient.
21 (b) Upon conferring with the Executive Office of the
22 Governor and all state awarding agencies, adopt rules
23 necessary to provide appropriate guidance to state awarding
24 agencies, recipients and subrecipients, and independent
25 auditors of state financial assistance relating to the format
26 for the Schedule of State Financial Assistance.
27 (c) Perform any inspections, reviews, investigations,
28 or audits of state financial assistance considered necessary
29 in carrying out the Chief Financial Officer's Comptroller's
30 legal responsibilities for state financial assistance or to
31 comply with the requirements of this section.
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1 (5) Each state awarding agency shall:
2 (a) Provide to a recipient information needed by the
3 recipient to comply with the requirements of this section,
4 including:
5 1. The audit and accountability requirements for state
6 projects as stated in this section and applicable rules of the
7 Executive Office of the Governor, rules of the Chief Financial
8 Officer Comptroller, and rules of the Auditor General.
9 2. Information from the Catalog of State Financial
10 Assistance, including the standard state project number
11 identifier; official title; legal authorization; and
12 description of the state project including objectives,
13 restrictions, and other relevant information determined
14 necessary.
15 3. Information from the State Projects Compliance
16 Supplement, including the significant compliance requirements,
17 eligibility requirements, matching requirements, suggested
18 audit procedures, and other relevant information determined
19 necessary.
20 (b) Require the recipient, as a condition of receiving
21 state financial assistance, to allow the state awarding
22 agency, the Chief Financial Officer Comptroller, and the
23 Auditor General access to the recipient's records and the
24 recipient's independent auditor's working papers as necessary
25 for complying with the requirements of this section.
26 (6) As a condition of receiving state financial
27 assistance, each recipient that provides state financial
28 assistance to a subrecipient shall:
29 (a) Provide to a subrecipient information needed by
30 the subrecipient to comply with the requirements of this
31 section, including:
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1 1. Identification of the state awarding agency.
2 2. The audit and accountability requirements for state
3 projects as stated in this section and applicable rules of the
4 Executive Office of the Governor, rules of the Chief Financial
5 Officer Comptroller, and rules of the Auditor General.
6 3. Information from the Catalog of State Financial
7 Assistance, including the standard state project number
8 identifier; official title; legal authorization; and
9 description of the state project, including objectives,
10 restrictions, and other relevant information.
11 4. Information from the State Projects Compliance
12 Supplement including the significant compliance requirements,
13 eligibility requirements, matching requirements, and suggested
14 audit procedures, and other relevant information determined
15 necessary.
16 (d) Require subrecipients, as a condition of receiving
17 state financial assistance, to permit the independent auditor
18 of the recipient, the state awarding agency, the Chief
19 Financial Officer Comptroller, and the Auditor General access
20 to the subrecipient's records and the subrecipient's
21 independent auditor's working papers as necessary to comply
22 with the requirements of this section.
23 (7) Each recipient or subrecipient of state financial
24 assistance shall comply with the following:
25 (a) Each nonstate entity that receives state financial
26 assistance and meets audit threshold requirements, in any
27 fiscal year of the nonstate entity, as stated in the rules of
28 the Auditor General, shall have a state single audit conducted
29 for such fiscal year in accordance with the requirements of
30 this act and with additional requirements established in rules
31 of the Executive Office of the Governor, rules of the Chief
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1 Financial Officer Comptroller, and rules of the Auditor
2 General. If only one state project is involved in a nonstate
3 entity's fiscal year, the nonstate entity may elect to have
4 only a state project-specific audit of the state project for
5 that fiscal year.
6 (c) Regardless of the amount of the state financial
7 assistance, the provisions of this section do not exempt a
8 nonstate entity from compliance with provisions of law
9 relating to maintaining records concerning state financial
10 assistance to such nonstate entity or allowing access and
11 examination of those records by the state awarding agency, the
12 Chief Financial Officer Comptroller, or the Auditor General.
13 (8) The independent auditor when conducting a state
14 single audit of recipients or subrecipients shall:
15 (e) Report on the results of any audit conducted
16 pursuant to this section in accordance with the rules of the
17 Executive Office of the Governor, rules of the Chief Financial
18 Officer Comptroller, and rules of the Auditor General. Audit
19 reports shall include summaries of the auditor's results
20 regarding the nonstate entity's financial statements; Schedule
21 of State Financial Assistance; internal controls; and
22 compliance with laws, rules, and guidelines.
23 (g) Upon notification by the nonstate entity, make
24 available the working papers relating to the audit conducted
25 pursuant to the requirements of this section to the state
26 awarding agency, the Chief Financial Officer Comptroller, or
27 the Auditor General for review or copying.
28 (9) The independent auditor, when conducting a state
29 project-specific audit of recipients or subrecipients, shall:
30 (e) Upon notification by the nonstate entity, make
31 available the working papers relating to the audit conducted
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1 pursuant to the requirements of this section to the state
2 awarding agency, the Chief Financial Officer Comptroller, or
3 the Auditor General for review or copying.
4 (10) The Auditor General shall:
5 (d) Provide technical advice upon request of the Chief
6 Financial Officer Comptroller, Executive Office of the
7 Governor, and state agencies relating to financial reporting
8 and audit responsibilities contained in this section.
9 (f) Perform ongoing reviews of a sample of financial
10 reporting packages filed pursuant to the requirements of this
11 section to determine compliance with the reporting
12 requirements of this section and applicable rules of the
13 Executive Office of the Governor, rules of the Chief Financial
14 Officer Comptroller, and rules of the Auditor General.
15 Section 243. Paragraph (a) of subsection (2) of
16 section 216.0442, Florida Statutes, is amended to read:
17 216.0442 Truth in bonding; definitions; summary of
18 state debt; statement of proposed financing; truth-in-bonding
19 statement.--
20 (2) When required by statute to support the proposed
21 debt financing of fixed capital outlay projects or operating
22 capital outlay requests or to explain the issuance of a debt
23 or obligation, one or more of the following documents shall be
24 developed:
25 (a) A summary of outstanding state debt as furnished
26 by the Chief Financial Officer Comptroller pursuant to s.
27 216.102.
28 Section 244. Section 216.102, Florida Statutes, is
29 amended to read:
30
31
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1 216.102 Filing of financial information; handling by
2 Chief Financial Officer Comptroller; penalty for
3 noncompliance.--
4 (1) By September 30 of each year, each agency
5 supported by any form of taxation, licenses, fees, imposts, or
6 exactions, the judicial branch, and, for financial reporting
7 purposes, each component unit of the state as determined by
8 the Chief Financial Officer Comptroller shall prepare, using
9 generally accepted accounting principles, and file with the
10 Chief Financial Officer Comptroller the financial and other
11 information necessary for the preparation of annual financial
12 statements for the State of Florida as of June 30. In
13 addition, each such agency and the judicial branch shall
14 prepare financial statements showing the financial position
15 and results of agency or branch operations as of June 30 for
16 internal management purposes.
17 (a) Each state agency and the judicial branch shall
18 record the receipt and disbursement of funds from federal
19 sources in a form and format prescribed by the Chief Financial
20 Officer Comptroller. The access to federal funds by the
21 administering agencies or the judicial branch may not be
22 authorized until:
23 1. The deposit has been recorded in the Florida
24 Accounting Information Resource Subsystem using proper,
25 consistent codes that designate deposits as federal funds.
26 2. The deposit and appropriate recording required by
27 this paragraph have been verified by the Office of the Chief
28 Financial Officer Treasurer.
29 (b) The Chief Financial Officer Comptroller shall
30 publish a statewide policy detailing the requirements for
31 recording receipt and disbursement of federal funds into the
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