Senate Bill sb0042Ec1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
By the Committee on Banking and Insurance; and Senators
Latvala and Geller
311-2404-02
1 A bill to be entitled
2 An act relating to powers and duties of the
3 Chief Financial Officer; creating s. 17.001,
4 F.S.; establishing the Office of the Chief
5 Financial Officer; creating s. 20.121, F.S.;
6 creating the Department of Financial Services;
7 providing for the divisions of the department;
8 specifying division directors who shall act as
9 agency head for purposes of ch. 120, F.S.;
10 establishing the manner of their appointment
11 and confirmation; providing that this act shall
12 not affect the validity of certain judicial and
13 administrative actions; transferring the
14 Department of Banking and Finance and the
15 Department of Insurance to the Department of
16 Financial Services; repealing s. 20.12, F.S.;
17 abolishing the Department of Banking and
18 Finance; providing that existing agency
19 contracts continue to be binding with the
20 successor department or agency; repealing s.
21 20.13, F.S.; abolishing the Department of
22 Insurance; redesignating the Insurance
23 Commissioner's Regulatory Trust Fund the
24 Insurance Regulatory Trust Fund; redesignating
25 the Department of Banking and Finance
26 Regulatory Trust Fund the Banking and Finance
27 Regulatory Trust Fund; amending and
28 transferring ss. 18.01, 18.02, 18.021, 18.05,
29 18.06, 18.08, 18.10, 18.101, 18.103, 18.104,
30 18.125, 18.15, 18.17, 18.20, 18.23, 18.24,
31 F.S., and amending ss. 11.12, 11.13, 11.147,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 11.151, 11.40, 11.42, 13.05, 14.055, 14.057,
2 14.058, 14.202, 14.203, 14.24, 15.09, 16.10,
3 17.011, 17.02, 17.03, 17.031, 17.04, 17.0401,
4 17.041, 17.0415, 17.05, 17.06, 17.075, 17.076,
5 17.08, 17.09, 17.10, 17.11, 17.12, 17.13,
6 17.14, 17.16, 17.17, 17.20, 17.21, 17.22,
7 17.25, 17.26, 17.27, 17.28, 17.29, 17.30,
8 17.32, 17.325, 17.41, 17.43, 20.04, 20.055,
9 20.195, 20.425, 20.435, 24.105, 24.111, 24.112,
10 24.120, 25.241, 26.39, 27.08, 27.10, 27.11,
11 27.12, 27.13, 27.34, 27.3455, 27.703, 27.710,
12 27.711, 28.235, 28.24, 30.52, 40.30, 40.31,
13 40.33, 40.34, 40.35, 43.16, 43.19, 48.151,
14 55.03, 57.091, 68.083, 68.084, 68.087, 68.092,
15 77.0305, 92.39, 99.097, 101.151, 103.091,
16 107.11, 110.1127, 110.113, 110.114, 110.116,
17 110.1227, 110.1228, 110.123, 110.125, 110.181,
18 110.2037, 110.205, 112.061, 112.08, 112.191,
19 112.215, 112.3144, 112.3145, 112.3189,
20 112.31895, 112.3215, 112.63, 114.03, 116.03,
21 116.04, 116.05, 116.06, 116.14, 120.52, 120.80,
22 121.0312, 121.055, 121.061, 121.133, 121.4501,
23 125.0104, 129.201, 131.05, 137.09, 145.141,
24 154.02, 154.03, 154.05, 154.06, 154.209,
25 154.314, 163.01, 163.055, 163.3167, 175.101,
26 175.121, 175.151, 185.08, 185.10, 185.13,
27 189.4035, 189.412, 189.427, 190.007, 191.006,
28 192.091, 192.102, 193.092, 195.101, 198.29,
29 199.232, 203.01, 206.46, 210.16, 210.20,
30 210.50, 211.06, 211.32, 212.08, 212.12, 212.20,
31 213.053, 213.054, 213.255, 213.67, 213.75,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 215.02, 215.03, 215.04, 215.05, 215.11, 215.20,
2 215.22, 215.23, 215.24, 215.25, 215.26, 215.29,
3 215.31, 215.32, 215.3206, 215.3208, 215.321,
4 215.322, 215.34, 215.35, 215.405, 215.42,
5 215.422, 215.44, 215.50, 215.551, 215.552,
6 215.555, 215.559, 215.56005, 215.5601, 215.58,
7 215.62, 215.684, 215.70, 215.91, 215.92,
8 215.93, 215.94, 215.95, 215.96, 215.965,
9 215.97, 216.0442, 216.102, 216.141, 216.177,
10 216.181, 216.183, 216.192, 216.212, 216.221,
11 216.235, 216.237, 216.251, 216.271, 216.275,
12 216.292, 216.301, 217.07, 218.06, 218.23,
13 218.31, 218.321, 218.325, 220.62, 220.723,
14 228.2001, 229.0535, 229.0537, 229.05371,
15 229.111, 229.781, 231.261, 231.30, 231.545,
16 233.063, 233.07, 233.15, 233.16, 233.255,
17 236.43, 236.601, 237.121, 237.181, 237.211,
18 238.11, 238.15, 238.172, 238.173, 240.551,
19 242.331, 242.341, 245.13, 250.22, 250.24,
20 250.25, 250.26, 250.34, 252.62, 252.87, 253.02,
21 253.025, 255.03, 255.052, 255.258, 255.503,
22 255.521, 257.22, 258.014, 259.032, 259.041,
23 265.53, 265.55, 267.075, 272.18, 280.02,
24 280.04, 280.041, 280.05, 280.051, 280.052,
25 280.053, 280.054, 280.055, 280.06, 280.07,
26 280.071, 280.08, 280.085, 280.09, 280.10,
27 280.11, 280.13, 280.16, 280.17, 280.18, 280.19,
28 282.1095, 284.02, 284.04, 284.05, 284.06,
29 284.08, 284.14, 284.17, 284.30, 284.31, 284.32,
30 284.33, 284.34, 284.35, 284.37, 284.385,
31 284.39, 284.40, 284.41, 284.42, 284.44, 284.50,
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 287.042, 287.057, 287.058, 287.063, 287.064,
2 287.09451, 287.115, 287.131, 287.175, 288.1045,
3 288.106, 288.109, 288.1253, 288.709, 288.712,
4 288.776, 288.778, 288.99, 289.051, 289.081,
5 289.121, 292.085, 313.02, 314.02, 316.3025,
6 316.545, 320.02, 320.081, 320.20, 320.71,
7 320.781, 322.21, 324.032, 324.171, 326.006,
8 331.303, 331.309, 331.3101, 331.348, 331.419,
9 336.022, 337.25, 339.035, 339.081, 344.17,
10 350.06, 354.03, 365.173, 370.06, 370.16,
11 370.19, 370.20, 373.503, 373.59, 373.6065,
12 374.983, 374.986, 376.11, 376.123, 376.307,
13 376.3071, 376.3072, 376.3075, 376.3078,
14 376.3079, 376.40, 377.23, 377.2425, 377.705,
15 378.035, 378.037, 378.208, 381.765, 381.90,
16 388.201, 388.301, 391.025, 391.221, 392.69,
17 393.002, 393.075, 394.482, 400.0238, 400.063,
18 400.071, 400.4174, 400.4298, 400.471, 400.962,
19 401.245, 401.25, 402.04, 402.17, 402.33,
20 403.1835, 403.1837, 403.706, 403.724, 403.8532,
21 404.111, 408.040, 408.05, 408.08, 408.18,
22 408.50, 408.7056, 408.902, 409.175, 409.25656,
23 409.25658, 409.2673, 409.8132, 409.817,
24 409.818, 409.910, 409.912, 409.9124, 409.915,
25 411.01, 413.32, 414.27, 414.28, 420.0005,
26 420.0006, 420.101, 420.123, 420.131, 420.141,
27 420.5092, 430.42, 430.703, 440.103, 440.105,
28 440.1051, 440.106, 440.13, 440.134, 440.135,
29 440.20, 440.24, 440.38, 440.381, 440.385,
30 440.44, 440.4416, 440.49, 440.50, 440.51,
31 440.515, 440.52, 443.131, 443.191, 443.211,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 447.12, 450.155, 456.047, 468.392, 473.3065,
2 475.045, 475.484, 475.485, 489.144, 489.145,
3 489.533, 494.001, 494.0011, 494.0017,
4 494.00421, 497.005, 497.101, 497.105, 497.107,
5 497.109, 497.115, 497.117, 497.131, 497.201,
6 497.253, 497.313, 497.403, 497.407, 497.435,
7 497.525, 498.025, 498.049, 499.057, 501.212,
8 509.215, 513.055, 516.01, 516.03, 516.35,
9 517.021, 517.03, 517.061, 517.075, 517.1204,
10 517.1205, 517.131, 517.141, 517.151, 518.115,
11 518.116, 519.101, 520.02, 520.07, 520.31,
12 520.34, 520.61, 520.76, 520.998, 526.141,
13 537.003, 537.004, 537.011, 548.066, 548.077,
14 550.0251, 550.054, 550.0951, 550.125, 550.135,
15 550.1645, 552.081, 552.161, 552.21, 552.26,
16 553.72, 553.73, 553.74, 553.79, 554.1021,
17 554.105, 554.111, 559.10, 559.543, 559.545,
18 559.55, 559.555, 559.725, 559.730, 559.928,
19 560.102, 560.103, 560.119, 560.4041, 560.408,
20 561.051, 562.44, 567.08, 569.205, 570.13,
21 570.195, 570.20, 574.03, 589.06, 597.010,
22 601.10, 601.15, 601.28, 607.0501, 607.14401,
23 609.05, 617.0501, 617.1440, 624.05, 624.155,
24 624.305, 624.307, 624.310, 624.314, 624.319,
25 624.320, 624.321, 624.322, 624.33, 624.404,
26 624.4071, 624.4085, 624.40851, 624.422,
27 624.423, 624.442, 624.4435, 624.484, 624.5015,
28 624.502, 624.506, 624.5091, 624.5092, 624.516,
29 624.517, 624.519, 624.521, 624.523, 624.610,
30 624.87, 624.91, 625.161, 625.317, 625.52,
31 625.53, 625.83, 626.266, 626.2815, 626.322,
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 626.592, 626.742, 626.7492, 626.8427, 626.8463,
2 626.8467, 626.847, 626.8736, 626.906, 626.907,
3 626.912, 626.918, 626.931, 626.932, 626.936,
4 626.9361, 626.937, 626.938, 626.9511, 626.9541,
5 626.9543, 626.989, 626.9892, 626.9911,
6 626.9912, 626.9916, 627.0613, 627.0628,
7 627.0651, 627.06535, 627.0915, 627.0916,
8 627.092, 627.096, 627.221, 627.311, 627.351,
9 627.413, 627.4236, 627.6472, 627.6482,
10 627.6488, 627.6675, 627.7012, 627.7015,
11 627.727, 627.728, 627.736, 627.849, 627.912,
12 627.9122, 627.919, 627.94074, 627.944, 627.948,
13 628.461, 628.4615, 629.401, 631.001, 631.221,
14 631.392, 631.54, 631.57, 631.59, 631.714,
15 631.72, 631.723, 631.813, 631.814, 631.904,
16 631.911, 631.912, 631.917, 631.931, 632.628,
17 633.01, 633.022, 633.025, 633.052, 633.061,
18 633.081, 633.111, 633.161, 633.162, 633.30,
19 633.31, 633.353, 633.382, 633.43, 633.445,
20 633.45, 633.46, 633.461, 633.47, 633.50,
21 633.524, 634.011, 634.137, 634.151, 634.161,
22 634.221, 634.301, 634.313, 634.324, 634.327,
23 634.3284, 634.401, 634.415, 634.416, 634.427,
24 634.433, 635.011, 635.041, 636.003, 636.043,
25 636.047, 636.052, 641.185, 641.19, 641.23,
26 641.26, 641.28, 641.39001, 641.402, 641.403,
27 641.412, 641.454, 641.455, 641.48, 641.49,
28 641.511, 641.52, 641.55, 641.58, 642.015,
29 642.0475, 648.25, 648.26, 648.34, 648.355,
30 648.37, 648.386, 648.442, 650.06, 651.011,
31 651.015, 651.0235, 651.035, 651.121, 651.125,
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 655.001, 655.005, 655.057, 655.90, 657.002,
2 657.253, 658.23, 658.295, 658.2953, 658.83,
3 660.27, 660.28, 687.13, 687.14, 697.202,
4 697.205, 697.206, 713.596, 716.02, 716.03,
5 716.04, 716.05, 716.06, 716.07, 717.101,
6 717.135, 717.138, 718.501, 719.501, 721.24,
7 721.26, 723.006, 732.107, 733.816, 744.534,
8 766.105, 766.1115, 766.314, 766.315, 768.28,
9 790.001, 790.1612, 791.01, 791.015, 817.16,
10 817.234, 839.06, 849.086, 849.33, 860.154,
11 860.157, 896.102, 903.101, 903.27, 925.037,
12 932.7055, 932.707, 938.27, 939.13, 943.031,
13 943.032, 944.516, 946.33, 946.509, 946.510,
14 946.517, 946.522, 946.525, 947.12, 950.002,
15 957.04, 985.406, 985.409, F.S., to conform;
16 creating ss. 633.801, 633.802, 633.803,
17 633.804, 633.805, 633.806, 633.807, 633.808,
18 633.809, 633.810, 633.811, 633.812, 633.813,
19 633.814, 633.815, 633.816, 633.817, 633.818,
20 633.819, 633.820, 633.821, F.S.; providing a
21 short title; providing definitions; providing
22 legislative intent; authorizing the Division of
23 State Fire Marshal of the Department of
24 Financial Services to adopt rules related to
25 firefighter safety inspections; requiring the
26 division to conduct a study of firefighter
27 occupational diseases; authorizing
28 representatives of the division to enter and
29 inspect any place of firefighter employment;
30 requiring firefighter employers to provide safe
31 employment conditions; authorizing the division
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 to adopt rules that prescribe means for
2 preventing accidents in places of firefighter
3 employment and establish standards for
4 construction, repair, and maintenance;
5 requiring the division to inspect places of
6 firefighter employment and to develop safety
7 and health programs for those firefighter
8 employers whose employees have a high frequency
9 or severity of work-related injuries; requiring
10 certain firefighter employers to establish
11 workplace safety committees and to maintain
12 certain records; providing penalties for
13 firefighter employers who violate provisions of
14 the act; providing exemptions; providing a
15 penalty for the failure to implement a safety
16 and health program and cancellations; providing
17 for expenses of administration; providing
18 penalties for refusal to admit division;
19 specifying firefighter employee rights and
20 responsibilities; providing division remedies
21 for failure to comply; providing penalties for
22 firefighter employers who make false statements
23 to the division or to an insurer; providing
24 criminal penalties for false, malicious, or
25 fraudulent statements and representations;
26 specifying applicability to volunteer
27 firefighters and fire departments; providing
28 for workplace safety and authorizing the
29 division to adopt rules including federal
30 standards for assuring safe working conditions
31 for all firefighter employees; amending s.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 633.31, F.S.; changing the name of and
2 expanding and diversifying the Firefighters
3 Standards and Training Council; amending s.
4 633.33, F.S.; providing additional duties of
5 the council; amending ss. 383.3362, 633.330,
6 and 633.32, F.S.; revising cross-references, to
7 conform; providing for legislative
8 determination of important state interest;
9 increasing membership on the board of directors
10 of the Florida Healthy Kids Corporation;
11 amending s. 288.99, F.S.; transferring certain
12 responsibilities of the Office of Tourism,
13 Trade, and Economic Development relating to the
14 Certified Capital Company Act to the Department
15 of Financial Services; prescribing duties of
16 that department; revising and adding
17 definitions; providing for additional premium
18 tax credits under the act; repealing s. 18.03,
19 F.S., relating to the residence and office of
20 the Treasurer, s. 18.07, F.S., relating to
21 records of warrants and state funds and
22 securities, s. 18.09, F.S., relating to a
23 report to the Legislature, s. 18.091, F.S.,
24 relating to employees for legislative sessions,
25 s. 18.22, F.S., relating to rules, s. 627.0623,
26 F.S., relating to restrictions on expenditures
27 and solicitations of insurers and affiliates,
28 s. 655.019, F.S., relating to campaign
29 contributions and limitations on them, s.
30 657.067, F.S., relating to conversion of credit
31 unions from federal to state charter; amending
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 s. 163.05, F.S.; transferring responsibility
2 for the Small County Technical Assistance
3 Program from the Comptroller to the
4 Commissioner of Agriculture; revising
5 legislative findings; providing criteria for
6 contracts between the commissioner and program
7 providers; deleting responsibilities of the
8 Legislative Committee on Intergovernmental
9 Relations; authorizing the commissioner to
10 award contracts to provide assistance to small
11 counties; requiring fiscal oversight and
12 performance reviews; providing an
13 appropriation; amending s. 112.313, F.S.;
14 declaring that certain relationships between
15 business entities and the Governor and members
16 of the Cabinet do not violate standards of
17 conduct; providing for construction of laws
18 enacted at the 2002 Regular Session in relation
19 to this act; providing effective dates.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 17.001, Florida Statutes, is
24 created to read:
25 17.001 Financial Officer.--As provided in s. 4(c),
26 Art. IV of the State Constitution, the Chief Financial Officer
27 is the chief fiscal officer of the state and is responsible
28 for settling and approving accounts against the state and
29 keeping all state funds and securities.
30 Section 2. Section 20.121, Florida Statutes, is
31 created to read:
10
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Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 20.121 Department of Financial Services.--There is
2 created a Department of Financial Services.
3 (1) The head of the Department of Financial Services
4 is the Chief Financial Officer.
5 (2) The Department of Financial Services shall consist
6 of the following divisions:
7 (a) Division of Treasury.
8 (b) Division of Consumer Services.
9 (c) Division of Insurance. Division responsibilities,
10 as provided in the Florida Insurance Code, include issuing
11 certificates of authority to insurers, regulatory oversight of
12 insurer solvency, approving policy forms and rates, performing
13 market conduct examinations, and enforcing statutes related to
14 insurers.
15 (d) Division of Financial Institutions and Securities,
16 which shall consist of the following bureaus:
17 1. Bureau of Banking;
18 2. Bureau of Securities;
19 3. Bureau of Credit Unions and Finance Entities; and
20 4. Bureau of Regulation.
21
22 Division responsibilities include licensure, examination, and
23 regulation of state-chartered financial institutions, as
24 provided in chapters 655, 657, 658, 660, 663, 665, and 667;
25 enforcing chapter 517, the Florida Securities and Investor
26 Protection Act; chapter 494, relating to mortgage brokerage
27 and mortgage lending; chapter 516, the Consumer Finance Act;
28 chapter 520, relating to retail installment sales; those
29 sections in chapter 559 relating to collection agencies;
30 chapter 560, the Money Transmitters' Code; those portions of
31 chapter 497 related to the department's responsibilities with
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 respect to cemeteries and preneed services; and certifying and
2 reviewing certified capital companies, as provided in s.
3 288.99.
4 (e) Division of Risk Management.
5 (f) Division of State Fire Marshal.
6 (g) Division of Insurance Fraud.
7 (h) Division of Rehabilitation and Liquidation.
8 (i) Division of Information Systems.
9 (j) Division of Legal Services.
10 (k) Division of Financial Investigations.
11 (l) Division of Accounting and Auditing.
12 (m) Division of Insurance Agent and Agency Services.
13 (n) Division of Administration.
14 (o) The Division of Workers' Compensation.
15 (3) The Division of Financial Institutions and
16 Securities and the Division of Insurance shall each be headed
17 by a "director." The directors of these divisions shall act as
18 agency heads for purposes of chapter 120 and shall be
19 responsible for final agency action with regard to the
20 implementation and enforcement of statutes and rules under the
21 regulatory authority delegated to their divisions and
22 rulemaking under s. 120.54. The Director of the Division of
23 Financial Institutions and Securities and the Director of the
24 Division of Insurance shall each be appointed by the Governor,
25 in consultation with the Chief Financial Officer. Pursuant to
26 Art. IV, s. (6)(a) of the State Constitution, before entering
27 upon the duties of office, a director must be confirmed by all
28 three members of the Cabinet. At any time after a director
29 enters upon the duties of the office, if the Governor or Chief
30 Financial Officer so requests, in writing, for any reason, the
31 Governor shall call for a vote, within 30 days, on whether the
12
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Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 subject director will continue in office. If a director fails
2 to obtain the affirmative vote of three officers among the
3 Governor and Cabinet, the subject director is removed from
4 office, the office becomes vacant on the date specified in the
5 Governor's order, and the Governor shall appoint a replacement
6 director in the manner provided for in this subsection.
7 (a) Before appointment as director, the Director of
8 the Division of Financial Institutions and Securities must
9 have had private-sector experience working in the field of
10 financial institutions or securities or at least 5 years of
11 experience as a senior employee of a state or federal agency
12 having regulatory responsibility over financial institutions
13 or securities.
14 (b) Before appointment as director, the Director of
15 the Division of Insurance must have had private-sector
16 experience working in an area that is under the regulatory
17 jurisdiction of the Division of Insurance or at least 5 years'
18 experience as a senior employee of a state or federal agency
19 having regulatory responsibility over an area of the business
20 of insurance.
21 (c) The Division of Financial Institutions and
22 Securities and the Division of Insurance are independent
23 divisions administratively housed within the Department of
24 Financial Services. For purposes of the budget, purchasing,
25 transactions involving real or personal property, and
26 personnel and regulatory matters, the division directors shall
27 exercise exclusive control over their division. Each of these
28 divisions shall have a sufficient number of attorneys,
29 investigators, other professional personnel and administrative
30 personnel as determined annually in the appropriations
31 process. The department shall provide support services to each
13
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Florida Senate - 2002 CS for SB's 42-E & 26-E
311-2404-02
1 division pursuant to an agreement entered into between the
2 Chief Financial Officer and the 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. This act shall not affect the validity of
12 any judicial or administrative action involving the Department
13 of Banking and Finance or the Department of Insurance pending
14 on January 7, 2003, and the Department of Financial Services
15 shall be substituted as a party in interest in any such
16 action. However, if the action involves the constitutional
17 functions of the Comptroller or Treasurer, the Chief Financial
18 Officer shall instead be substituted as a party in interest.
19 Section 5. The Department of Banking and Finance and
20 the Department of Insurance are transferred by a type two
21 transfer, as defined in section 20.06, Florida Statutes, to
22 the Department of Financial Services.
23 Section 6. Any binding contract or interagency
24 agreement existing on or before January 7, 2003, between the
25 Department of Insurance or the Department of Banking and
26 Finance, or an entity or agent of such departments, and any
27 other agency, entity, or person shall continue as a binding
28 contract or agreement for the remainder of the term of the
29 contract or agreement with the successor department, agency or
30 entity responsible for the program, activity, or functions
31 relative to the contract or agreement.
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1 Section 7. Sections 20.12 and 20.13, Florida Statutes,
2 are repealed.
3 Section 8. The Chief Financial Officer is authorized
4 to organize the Department of Financial Services in a manner
5 to promote efficiency and accountability, subject to the
6 provisions of this act.
7 Section 9. Section 11.12, Florida Statutes, is amended
8 to read:
9 11.12 Salary, subsistence, and mileage of members and
10 employees; expenses authorized by resolution; appropriation;
11 preaudit by Comptroller.--
12 (1) The Chief Financial Officer Treasurer is
13 authorized to pay the salary, subsistence, and mileage of the
14 members of the Legislature, as the same shall be authorized
15 from time to time by law, upon receipt of a warrant therefor
16 of the Comptroller for the stated amount. The Chief Financial
17 Officer Treasurer is authorized to pay the compensation of
18 employees of the Legislature, together with reimbursement for
19 their authorized travel as provided in s. 112.061, and such
20 expense of the Legislature as shall be authorized by law, a
21 concurrent resolution, a resolution of either house, or rules
22 adopted by the respective houses, provided the total amount
23 appropriated to the legislative branch shall not be altered,
24 upon receipt of such warrant therefor. The number, duties, and
25 compensation of the employees of the respective houses and of
26 their committees shall be determined as provided by the rules
27 of the respective house or in this chapter. Each legislator
28 may designate no more than two employees to attend sessions of
29 the Legislature, and those employees who change their places
30 of residence in order to attend the session shall be paid
31 subsistence at a rate to be established by the President of
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1 the Senate for Senate employees and the Speaker of the House
2 of Representatives for House employees. Such employees, in
3 addition to subsistence, shall be paid transportation expenses
4 in accordance with s. 112.061(7) and (8) for actual
5 transportation between their homes and the seat of government
6 in order to attend the legislative session and return home, as
7 well as for two round trips during the course of any regular
8 session of the Legislature.
9 (2) All vouchers covering legislative expenses shall
10 be preaudited by the Chief Financial Officer Comptroller, and,
11 if found to be correct, state warrants shall be issued
12 therefor.
13 Section 10. Paragraph (c) of subsection (5) of section
14 11.13, Florida Statutes, is amended to read:
15 11.13 Compensation of members.--
16 (5)
17 (c) The Office of Legislative Services shall submit on
18 forms prescribed by the Chief Financial Officer Comptroller
19 requested allotments of appropriations for the fiscal year. It
20 shall be the duty of the Chief Financial Officer Comptroller
21 to release the funds and authorize the expenditures for the
22 legislative branch to be made from the appropriations on the
23 basis of the requested allotments. However, the aggregate of
24 such allotments shall not exceed the total appropriations
25 available for the fiscal year.
26 Section 11. Subsection (4) of section 11.147, Florida
27 Statutes, is amended to read:
28 11.147 Office of Legislative Services.--
29 (4) The Office of Legislative Services shall deliver
30 such vouchers covering legislative expenses as required to the
31
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1 Chief Financial Officer Comptroller and, if found to be
2 correct, state warrants shall be issued therefor.
3 Section 12. Section 11.151, Florida Statutes, is
4 amended to read:
5 11.151 Annual legislative appropriation to contingency
6 fund for use of Senate President and House Speaker.--There is
7 established a legislative contingency fund consisting of
8 $10,000 for the President of the Senate and $10,000 for the
9 Speaker of the House of Representatives, which amounts shall
10 be set aside annually from moneys appropriated for legislative
11 expense. These funds shall be disbursed by the Chief
12 Financial Officer Comptroller upon receipt of vouchers
13 authorized by the President of the Senate or the Speaker of
14 the House of Representatives. Such Said funds may be expended
15 at the unrestricted discretion of the President of the Senate
16 or the Speaker of the House of Representatives in carrying out
17 their official duties during the entire period between the
18 date of their election as such officers at the organizational
19 meeting held pursuant to s. 3(a), Art. III of the State
20 Constitution and the next general election.
21 Section 13. Subsection (5) of section 11.40, Florida
22 Statutes, is amended to read:
23 11.40 Legislative Auditing Committee.--
24 (5) Following notification by the Auditor General, the
25 Department of Financial Services Banking and Finance, or the
26 Division of Bond Finance of the State Board of Administration
27 of the failure of a local governmental entity, district school
28 board, charter school, or charter technical career center to
29 comply with the applicable provisions within s. 11.45(5)-(7),
30 s. 218.32(1), or s. 218.38, the Legislative Auditing Committee
31 may schedule a hearing. If a hearing is scheduled, the
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1 committee shall determine if the entity should be subject to
2 further state action. If the committee determines that the
3 entity should be subject to further state action, the
4 committee shall:
5 (a) In the case of a local governmental entity or
6 district school board, request the Department of Revenue and
7 the Department of Financial Services Banking and Finance to
8 withhold any funds not pledged for bond debt service
9 satisfaction which are payable to such entity until the entity
10 complies with the law. The committee, in its request, shall
11 specify the date such action shall begin, and the request must
12 be received by the Department of Revenue and the Department of
13 Financial Services Banking and Finance 30 days before the date
14 of the distribution mandated by law. The Department of Revenue
15 and the Department of Financial Services may Banking and
16 Finance are authorized to implement the provisions of this
17 paragraph.
18 (b) In the case of a special district, notify the
19 Department of Community Affairs that the special district has
20 failed to comply with the law. Upon receipt of notification,
21 the Department of Community Affairs shall proceed pursuant to
22 the provisions specified in ss. 189.421 and 189.422.
23 (c) In the case of a charter school or charter
24 technical career center, notify the appropriate sponsoring
25 entity, which may terminate the charter pursuant to ss.
26 228.056 and 228.505.
27 Section 14. Paragraph (b) of subsection (6) of section
28 11.42, Florida Statutes, is amended to read:
29 11.42 The Auditor General.--
30 (6)
31
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1 (b) All payrolls and vouchers for the operations of
2 the Auditor General's office shall be submitted to the Chief
3 Financial Officer Comptroller and, if found to be correct,
4 payments shall be issued therefor.
5 Section 15. Subsection (1) of section 13.05, Florida
6 Statutes, is amended to read:
7 13.05 Governor's Committee on Interstate
8 Cooperation.--
9 (1) There is hereby established a committee of
10 administrative officials of this state to be officially known
11 as the Governor's Committee on Interstate Cooperation, and to
12 consist of six seven members. Its members shall be the
13 Governor, Secretary of State, Attorney General, Chief
14 Financial Officer Comptroller, Treasurer, Commissioner of
15 Education, and Commissioner of Agriculture. Any member of the
16 Governor's committee may designate an alternate to serve in
17 the member's place upon any occasion; such alternate shall be
18 an administrative official or employee of the state.
19 Section 16. Section 14.055, Florida Statutes, is
20 amended to read:
21 14.055 Succession to office of Governor.--Upon vacancy
22 in the office of Governor, the Lieutenant Governor shall
23 become Governor. Upon vacancy in the office of Governor and
24 in the office of Lieutenant Governor, the Secretary of State
25 shall become Governor; or if the office of Secretary of State
26 be vacant, then the Attorney General shall become Governor; or
27 if the office of Attorney General be vacant, then the Chief
28 Financial Officer Comptroller shall become Governor; or if the
29 office of Comptroller be vacant, then the Treasurer shall
30 become Governor; or if the office of Treasurer be vacant, then
31 the Commissioner of Education shall become Governor; or if the
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1 office of Chief Financial Officer Commissioner of Education be
2 vacant, then the Commissioner of Agriculture shall become
3 Governor. A successor under this section shall serve for the
4 remainder of the term and shall receive all the rights,
5 privileges and emoluments of the Governor. In case a vacancy
6 shall occur in the office of Governor and provision is not
7 made herein for filling such vacancy, then the Speaker of the
8 House and the President of the Senate shall convene the
9 Legislature by joint proclamation within 15 days for the
10 purpose of choosing a person to serve as Governor for the
11 remainder of the term. A successor shall be elected by a
12 majority vote in a joint session of both houses.
13 Section 17. Subsection (1) of section 14.057, Florida
14 Statutes, is amended to read:
15 14.057 Governor-elect; establishment of operating
16 fund.--
17 (1) There is established an operating fund for the use
18 of the Governor-elect during the period dating from the
19 certification of his or her election by the Elections
20 Canvassing Commission to his or her inauguration as Governor.
21 The Governor-elect during this period may allocate the fund to
22 travel, expenses, his or her salary, and the salaries of the
23 Governor-elect's staff as he or she determines. Such staff may
24 include, but not be limited to, a chief administrative
25 assistant, a legal adviser, a fiscal expert, and a public
26 relations and information adviser. The salary of the
27 Governor-elect and each member of the Governor-elect's staff
28 during this period shall be determined by the Governor-elect,
29 except that the total expenditures chargeable to the state
30 under this section, including salaries, shall not exceed the
31 amount appropriated to the operating fund. The Executive
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1 Office of the Governor shall supply to the Governor-elect
2 suitable forms to provide for the expenditure of the fund and
3 suitable forms to provide for the reporting of all
4 expenditures therefrom. The Chief Financial Officer
5 Comptroller shall release moneys from this fund upon the
6 request of the Governor-elect properly filed.
7 Section 18. Section 14.058, Florida Statutes, is
8 amended to read:
9 14.058 Inauguration expense fund.--There is
10 established an inauguration expense fund for the use of the
11 Governor-elect in planning and conducting the inauguration
12 ceremonies. The Governor-elect shall appoint an inauguration
13 coordinator and such staff as necessary to plan and conduct
14 the inauguration. Salaries for the inauguration coordinator
15 and the inauguration coordinator's staff shall be determined
16 by the Governor-elect and shall be paid from the inauguration
17 expense fund. The Executive Office of the Governor shall
18 supply to the inauguration coordinator suitable forms to
19 provide for the expenditure of the fund and suitable forms to
20 provide for the reporting of all expenditures therefrom. The
21 Chief Financial Officer Comptroller shall release moneys from
22 this fund upon the request of the inauguration coordinator
23 properly filed.
24 Section 19. Section 14.202, Florida Statutes, is
25 amended to read:
26 14.202 Administration Commission.--There is created as
27 part of the Executive Office of the Governor an Administration
28 Commission composed of the Governor and Cabinet. The Governor
29 is chair of the commission. The Governor or Chief Financial
30 Officer Comptroller may call a meeting of the commission
31 promptly each time the need therefor arises. Unless otherwise
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1 provided herein, affirmative action by the commission shall
2 require the approval of the Governor and at least two three
3 other members of the commission. The commission shall adopt
4 rules pursuant to ss. 120.536(1) and 120.54 to implement
5 provisions of law conferring duties upon it.
6 Section 20. Paragraph (f) of subsection (3) of section
7 14.203, Florida Statutes, is amended to read:
8 14.203 State Council on Competitive Government.--It is
9 the policy of this state that all state services be performed
10 in the most effective and efficient manner in order to provide
11 the best value to the citizens of the state. The state also
12 recognizes that competition among service providers may
13 improve the quality of services provided, and that
14 competition, innovation, and creativity among service
15 providers should be encouraged.
16 (3) In performing its duties under this section, the
17 council may:
18 (f) Require that an identified state service be
19 submitted to competitive bidding or another process that
20 creates competition with private sources or other governmental
21 entities. In determining whether an identified state service
22 should be submitted to competitive bidding, the council shall
23 consider, at a minimum:
24 1. Any constitutional and legal implications which may
25 arise as a result of such action.
26 2. The cost of supervising the work of any private
27 contractor.
28 3. The total cost to the state agency of such state
29 agency's performance of a service, including all indirect
30 costs related to that state agency and costs of such agencies
31 as the Chief Financial Officer Comptroller, the Treasurer, the
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1 Attorney General, and other such support agencies to the
2 extent such costs would not be incurred if a contract is
3 awarded. Costs for the current provision of the service shall
4 be considered only when such costs would actually be saved if
5 the contract were awarded to another entity.
6 Section 21. Subsection (1) of section 14.24, Florida
7 Statutes, is amended to read:
8 14.24 Florida Commission on the Status of Women.--
9 (1) There is established in the Office of the Attorney
10 General the Florida Commission on the Status of Women,
11 consisting of 20 22 members. The Speaker of the House of
12 Representatives, the President of the Senate, the Attorney
13 General, and the Governor shall each appoint three members and
14 the Chief Financial Officer, Insurance Commissioner, the
15 Comptroller, the Secretary of State, the Commissioner of
16 Agriculture, and the Commissioner of Education shall each
17 appoint two members, for a term of 4 years, except that of the
18 initial appointments, one-half shall be for a 2-year term and
19 one-half shall be for a 4-year term. On January 7, 2003, the
20 term of office of each member appointed by the Insurance
21 Commissioner and the Comptroller expires; and the Chief
22 Financial Officer shall reappoint one of the members who was
23 serving on January 6, 2003, and who was appointed by the
24 Insurance Commissioner and one of such members who was
25 appointed by the Comptroller. If possible, the reappointments
26 shall be made so that the terms of the Chief Financial
27 Officer's appointees remain staggered, but if both
28 reappointees were serving terms of the same length, the
29 reappointment shall be made so that the staggering of terms is
30 maintained. The members appointed shall include persons who
31 represent rural and urban interests and the ethnic and
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1 cultural diversity of the state's population. No member shall
2 serve more than 8 consecutive years on the commission. A
3 vacancy shall be filled for the remainder of the unexpired
4 term in the same manner as the original appointment.
5 Section 22. Subsection (3) of section 15.09, Florida
6 Statutes, is amended to read:
7 15.09 Fees.--
8 (3) All fees arising from certificates of election or
9 appointment to office and from commissions to officers shall
10 be paid to the Chief Financial Officer Treasurer for deposit
11 in the General Revenue Fund.
12 Section 23. Section 16.10, Florida Statutes, is
13 amended to read:
14 16.10 Receipt of Supreme Court reports for
15 office.--The Clerk of the Supreme Court shall deliver to the
16 Attorney General a copy of each volume, or part of volume, of
17 the decisions of the Supreme Court, which may be in the care
18 or custody of said clerk, and which the Attorney General's
19 office may be without, and take the Attorney General's receipt
20 for the same. The Attorney General shall keep the same in her
21 or his office at the capitol, and each retiring Attorney
22 General shall take the receipt of her or his successor for the
23 same and file such receipt in the Chief Financial Officer's
24 Treasurer's office; provided that this shall not authorize the
25 taking away of any book belonging to the Supreme Court
26 library, kept for the use of said court.
27 Section 24. Section 17.011, Florida Statutes, is
28 amended to read:
29 17.011 Assistant Chief Financial Officer
30 comptroller.--The Chief Financial Officer Comptroller of the
31 state may appoint an assistant comptroller to hold office
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1 during the pleasure of the Chief Financial Officer
2 Comptroller.
3 Section 25. Section 17.02, Florida Statutes, is
4 amended to read:
5 17.02 Place of residence and office.--The Chief
6 Financial Officer Comptroller shall reside at the seat of
7 government of this state, and shall hold office in a room in
8 the capitol. Such office must be open every day, holidays and
9 public festivals excepted, from 8 a.m. to 5 p.m. Monday
10 through Friday of every week.
11 Section 26. Section 17.03, Florida Statutes, is
12 amended to read:
13 17.03 To audit claims against the state.--
14 (1) The Chief Financial Officer Comptroller of this
15 state, using generally accepted auditing procedures for
16 testing or sampling, shall examine, audit, and settle all
17 accounts, claims, and demands, whatsoever, against the state,
18 arising under any law or resolution of the Legislature, and
19 issue a warrant to the Treasurer directing the payment
20 Treasurer to pay out of the State Treasury such amount as he
21 or she allows shall be allowed by the Comptroller thereon.
22 (2) The Chief Financial Officer Comptroller may
23 establish dollar thresholds applicable to each invoice amount
24 and other criteria for testing or sampling invoices on a
25 preaudit and postaudit basis. The Chief Financial Officer
26 Comptroller may revise such thresholds and other criteria for
27 an agency or the unit of any agency as he or she deems
28 appropriate.
29 (3) The Chief Financial Officer Comptroller may adopt
30 and disseminate to the agencies procedural and documentation
31
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1 standards for payment requests and may provide training and
2 technical assistance to the agencies for these standards.
3 (4) The Chief Financial Officer Comptroller shall have
4 the legal duty of delivering all state warrants and shall be
5 charged with the official responsibility of the protection and
6 security of the state warrants while in his or her custody.
7 The Chief Financial Officer Comptroller may delegate this
8 authority to other state agencies or officers.
9 Section 27. Section 17.031, Florida Statutes, is
10 amended to read:
11 17.031 Security of Chief Financial Officer's
12 Comptroller's office.--The Chief Financial Officer may
13 Comptroller is authorized to engage the full-time services of
14 two law enforcement officers, with power of arrest, to prevent
15 all acts of a criminal nature directed at the property in the
16 custody or control of the Chief Financial Officer Comptroller.
17 While so assigned, such said officers shall be under the
18 direction and supervision of the Chief Financial Officer
19 Comptroller, and their salaries and expenses shall be paid
20 from the general fund of the office of Chief Financial Officer
21 Comptroller.
22 Section 28. Section 17.04, Florida Statutes, is
23 amended to read:
24 17.04 To audit and adjust accounts of officers and
25 those indebted to the state.--The Chief Financial Officer
26 Department of Banking and Finance of this state, using
27 generally accepted auditing procedures for testing or
28 sampling, shall examine, audit, adjust, and settle the
29 accounts of all the officers of this state, and any other
30 person in anywise entrusted with, or who may have received any
31 property, funds, or moneys of this state, or who may be in
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1 anywise indebted or accountable to this state for any
2 property, funds, or moneys, and require such officer or
3 persons to render full accounts thereof, and to yield up such
4 property or funds according to law, or pay such moneys into
5 the treasury of this state, or to such officer or agent of the
6 state as may be appointed to receive the same, and on failure
7 so to do, to cause to be instituted and prosecuted
8 proceedings, criminal or civil, at law or in equity, against
9 such persons, according to law. The Division of Financial
10 Investigations may conduct investigations within or outside of
11 this state as it deems necessary to aid in the enforcement of
12 this section. If during an investigation the division has
13 reason to believe that any criminal statute of this state has
14 or may have been violated, the division shall refer any
15 records tending to show such violation to state or federal law
16 enforcement or prosecutorial agencies and shall provide
17 investigative assistance to those agencies as required.
18 Section 29. Section 17.0401, Florida Statutes, is
19 amended to read:
20 17.0401 Confidentiality of information relating to
21 financial investigations.--Except as otherwise provided by
22 this section, information relative to an investigation
23 conducted by the Division of Financial Investigations pursuant
24 to s. 17.04, including any consumer complaint, is confidential
25 and exempt from the provisions of s. 119.07(1) and s. 24(a),
26 Art. I of the State Constitution until the investigation is
27 completed or ceases to be active. Any information relating to
28 an investigation conducted by the division pursuant to s.
29 17.04 shall remain confidential and exempt from the provisions
30 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
31 after the division's investigation is completed or ceases to
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1 be active if the division submits the information to any law
2 enforcement or prosecutorial agency for further investigation.
3 Such information shall remain confidential and exempt from the
4 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
5 Constitution until that agency's investigation is completed or
6 ceases to be active. For purposes of this section, an
7 investigation shall be considered "active" so long as the
8 division or any law enforcement or prosecutorial agency is
9 proceeding with reasonable dispatch and has a reasonable good
10 faith belief that the investigation may lead to the filing of
11 an administrative, civil, or criminal proceeding. This
12 section shall not be construed to prohibit disclosure of
13 information that which is required by law to be filed with the
14 Department of Financial Services Banking and Finance and that
15 which, but for the investigation, would otherwise be subject
16 to public disclosure. Nothing in this section shall be
17 construed to prohibit the division from providing information
18 to any law enforcement or prosecutorial agency. Any law
19 enforcement or prosecutorial agency receiving confidential
20 information from the division in connection with its official
21 duties shall maintain the confidentiality of the information
22 as provided for in this section.
23 Section 30. Subsections (1), (4), and (5) of section
24 17.041, Florida Statutes, are amended to read:
25 17.041 County and district accounts and claims.--
26 (1) It shall be the duty of the Chief Financial
27 Officer Department of Banking and Finance of this state to
28 adjust and settle, or cause to be adjusted and settled, all
29 accounts and claims heretofore or hereafter reported to it by
30 the Auditor General, the appropriate county or district
31 official, or any person against all county and district
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1 officers and employees, and against all other persons
2 entrusted with, or who may have received, any property, funds,
3 or moneys of a county or district or who may be in anywise
4 indebted to or accountable to a county or district for any
5 property, funds, moneys, or other thing of value, and to
6 require such officer, employee, or person to render full
7 accounts thereof and to yield up such property, funds, moneys,
8 or other thing of value according to law to the officer or
9 authority entitled by law to receive the same.
10 (4) Should it appear to the Chief Financial Officer
11 department that any criminal statute of this state has or may
12 have been violated by such defaulting officer, employee, or
13 person, such information, evidence, documents, and other
14 things tending to show such a violation, whether in the hands
15 of the Chief Financial Officer Comptroller, the Auditor
16 General, the county, or the district, shall be forthwith
17 turned over to the proper state attorney for inspection,
18 study, and such action as may be deemed proper, or the same
19 may be brought to the attention of the proper grand jury.
20 (5) No such account or claim, after it has been
21 certified to the Chief Financial Officer department, may be
22 settled for less than the amount due according to law without
23 the written consent of the Chief Financial Officer department,
24 and any attempt to make settlement in violation of this
25 subsection shall be deemed null and void. A county or
26 district board desiring to make such a settlement shall
27 incorporate the proposed settlement into a resolution, stating
28 that the proposed settlement is contingent upon the Chief
29 Financial Officer's Comptroller's approval, and shall submit
30 two copies of the resolution to the Chief Financial Officer
31 department. The Chief Financial Officer department shall
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1 return one copy with his or her the Comptroller's action
2 endorsed thereon.
3 Section 31. Section 17.0415, Florida Statutes, is
4 amended to read:
5 17.0415 Transfer and assignment of claims.--In order
6 to facilitate their collection from third parties, the Chief
7 Financial Officer Comptroller may authorize the assignment of
8 claims among the state, its agencies, and its subdivisions,
9 whether arising from criminal, civil, or other judgments in
10 state or federal court. The state, its agencies, and its
11 subdivisions, may assign claims under such terms as are
12 mutually acceptable to the Chief Financial Officer Comptroller
13 and the assignee and assignor. The assigned claim may be
14 enforced as a setoff to any claim against the state, its
15 agencies, or its subdivisions, by garnishment or in the same
16 manner as a judgment in a civil action. Claims against the
17 state, its agencies, and its subdivisions resulting from the
18 condemnation of property protected by the provisions of s. 4,
19 Art. X of the State Constitution are not subject to setoff
20 pursuant to this section.
21 Section 32. Section 17.05, Florida Statutes, is
22 amended to read:
23 17.05 Subpoenas; sworn statements; enforcement
24 proceedings.--
25 (1) The Chief Financial Officer Comptroller may demand
26 and require full answers on oath from any and every person,
27 party or privy to any account, claim, or demand against or by
28 the state, such as it may be the Chief Financial Officer's
29 Comptroller's official duty to examine into, and which answers
30 the Chief Financial Officer Comptroller may require to be in
31 writing and to be sworn to before the Chief Financial Officer
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1 Comptroller or the department or before any judicial officer
2 or clerk of any court of the state so as to enable the Chief
3 Financial Officer Comptroller to determine the justice or
4 legality of such account, claim, or demand.
5 (2) In exercising authority under this chapter, the
6 Chief Financial Officer Comptroller or his or her designee
7 may:
8 (a) Issue subpoenas, administer oaths, and examine
9 witnesses.
10 (b) Require or permit a person to file a statement in
11 writing, under oath or otherwise as the Chief Financial
12 Officer Comptroller or his or her designee requires, as to all
13 the facts and circumstances concerning the matter to be
14 audited, examined, or investigated.
15 (3) Subpoenas shall be issued by the Chief Financial
16 Officer Comptroller or his or her designee under seal
17 commanding such witnesses to appear before the Chief Financial
18 Officer Comptroller or the Chief Financial Officer's
19 Comptroller's representative or the department at a specified
20 time and place and to bring books, records, and documents as
21 specified or to submit books, records, and documents for
22 inspection. Such subpoenas may be served by an authorized
23 representative of the Chief Financial Officer Comptroller or
24 the department.
25 (4) In the event of noncompliance with a subpoena
26 issued pursuant to this section, the Chief Financial Officer
27 Comptroller or the department may petition the circuit court
28 of the county in which the person subpoenaed resides or has
29 his or her principal place of business for an order requiring
30 the subpoenaed person to appear and testify and to produce
31 books, records, and documents as specified in the subpoena.
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1 The court may grant legal, equitable, or injunctive relief,
2 including, but not limited to, issuance of a writ of ne exeat
3 or the restraint by injunction or appointment of a receiver of
4 any transfer, pledge, assignment, or other disposition of such
5 person's assets or any concealment, alteration, destruction,
6 or other disposition of subpoenaed books, records, or
7 documents, as the court deems appropriate, until such person
8 has fully complied with such subpoena and the Chief Financial
9 Officer Comptroller or the department has completed the audit,
10 examination, or investigation. The Chief Financial Officer
11 Comptroller or the department is entitled to the summary
12 procedure provided in s. 51.011, and the court shall advance
13 the cause on its calendar. Costs incurred by the Chief
14 Financial Officer Comptroller or the department to obtain an
15 order granting, in whole or in part, such petition for
16 enforcement of a subpoena shall be charged against the
17 subpoenaed person, and failure to comply with such order shall
18 be a contempt of court.
19 Section 33. Section 17.06, Florida Statutes, is
20 amended to read:
21 17.06 Disallowed items and accounts.--The Chief
22 Financial Officer Comptroller shall erase from any original
23 account all items disallowed by him or her; and when the Chief
24 Financial Officer Comptroller shall reject the whole of any
25 account he or she shall write across the face of it the word
26 "disallowed," and the date, and file the same in the Chief
27 Financial Officer's Comptroller's office or deliver it to the
28 claimant.
29 Section 34. Subsection (1) of section 17.075, Florida
30 Statutes, is amended to read:
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1 17.075 Form of state warrants and other payment
2 orders; rules.--
3 (1) The Chief Financial Officer may Department of
4 Banking and Finance is authorized to establish the form or
5 forms of state warrants which are to be drawn by it and of
6 other orders for payment or disbursement of moneys out of the
7 State Treasury and to change the form thereof from time to
8 time as the Chief Financial Officer department may consider
9 necessary or appropriate. Such orders for payment may be in
10 any form, but, regardless of form, each order shall be subject
11 to the accounting and recordkeeping requirements applicable to
12 state warrants.
13 Section 35. Paragraph (b) of subsection (1) and
14 subsections (3) and (7) of section 17.076, Florida Statutes,
15 are amended to read:
16 17.076 Direct deposit of funds.--
17 (1) As used in this section:
18 (b) "Department" means the Department of Financial
19 Services Banking and Finance.
20 (3) The department may contract with an authorized
21 financial institution for the services necessary to operate
22 the program. In order to implement the provisions of this
23 section, the Chief Financial Officer Comptroller is authorized
24 to deposit with that financial institution the funds payable
25 to the beneficiaries, in lump sum, by Chief Financial
26 Officer's Comptroller's warrant to make the authorized direct
27 deposits.
28 (7) To cover the department's actual costs for
29 processing the direct deposit of funds other than salary or
30 retirement benefits, the department may charge the beneficiary
31 of the direct deposit a reasonable fee. The department may
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1 collect the fee by direct receipt from the beneficiary or by
2 subtracting the amount of the fee from the funds due the
3 beneficiary. Such fees collected by the department shall be
4 deposited into the Department of Financial Services Banking
5 and Finance Administrative Trust Fund.
6 Section 36. Section 17.08, Florida Statutes, is
7 amended to read:
8 17.08 Accounts, etc., on which warrants drawn, to be
9 filed.--All accounts, vouchers, and evidence, upon which
10 warrants have heretofore been, or shall hereafter be, drawn
11 upon the treasury by the Chief Financial Officer Comptroller
12 shall be filed and deposited in the office of Chief Financial
13 Officer Comptroller or the office of the Chief Financial
14 Officer's Comptroller's designee, in accordance with
15 requirements established by the Secretary of State.
16 Section 37. Section 17.09, Florida Statutes, is
17 amended to read:
18 17.09 Application for warrants for salaries.--All
19 public officers who are entitled to salaries in this state,
20 shall make their application for warrants in writing, stating
21 for what terms and the amount they claim, which written
22 application shall be filed by the Chief Financial Officer
23 Comptroller as vouchers for the warrants issued thereupon.
24 Section 38. Section 17.10, Florida Statutes, is
25 amended to read:
26 17.10 Record of warrants and of state funds and
27 securities issued.--The Chief Financial Officer Comptroller
28 shall cause to be entered in the warrant register a record of
29 the warrants issued during the previous month, and shall make
30 such entry in the record so required to be kept as shall show
31 the number of each warrant issued, in whose favor drawn, and
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1 the date it was issued. He or she shall account for all state
2 funds and securities.
3 Section 39. Section 17.11, Florida Statutes, is
4 amended to read:
5 17.11 To report disbursements made.--
6 (1) The Chief Financial Officer Comptroller shall make
7 in all his or her future annual reports an exhibit stated from
8 the record of disbursements made during the fiscal year, and
9 the several heads of expenditures under which such
10 disbursements were made.
11 (2) The Chief Financial Officer Comptroller shall also
12 cause to have reported from the Florida Accounting Information
13 Resource Subsystem no less than quarterly the disbursements
14 which agencies made to small businesses, as defined in the
15 Florida Small and Minority Business Assistance Act of 1985; to
16 certified minority business enterprises in the aggregate; and
17 to certified minority business enterprises broken down into
18 categories of minority persons, as well as gender and
19 nationality subgroups. This information shall be made
20 available to the agencies, the Office of Supplier Diversity,
21 the Governor, the President of the Senate, and the Speaker of
22 the House of Representatives. Each agency shall be responsible
23 for the accuracy of information entered into the Florida
24 Accounting Information Resource Subsystem for use in this
25 reporting.
26 Section 40. Section 17.12, Florida Statutes, is
27 amended to read:
28 17.12 Authorized to issue warrants to tax collector or
29 sheriff for payment.--Whenever it shall appear to the
30 satisfaction of the Chief Financial Officer Comptroller of
31 this state from examination of the books of his or her office
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1 that the tax collector or the sheriff for any county in this
2 state has paid into the State Treasury, through mistake or
3 otherwise, a larger or greater sum than is actually due from
4 such said collector or sheriff, then the Chief Financial
5 Officer Comptroller may issue a warrant to such said collector
6 or sheriff for the sum so found to be overpaid.
7 Section 41. Section 17.13, Florida Statutes, is
8 amended to read:
9 17.13 To duplicate warrants lost or destroyed.--
10 (1) The Chief Financial Officer Comptroller is
11 required to duplicate any Chief Financial Officer's
12 Comptroller's warrants that may have been lost or destroyed,
13 or may hereafter be lost or destroyed, upon the owner thereof
14 or the owner's agent or attorney presenting the Chief
15 Financial Officer Comptroller the statement, under oath,
16 reciting the number, date, and amount of any warrant or the
17 best and most definite description in his or her knowledge and
18 the circumstances of its loss; if the Chief Financial Officer
19 Comptroller deems it necessary, the owner or the owner's agent
20 or attorney shall file in the office of the Chief Financial
21 Officer Comptroller a surety bond, or a bond with securities,
22 to be approved by one of the judges of the circuit court or
23 one of the justices of the Supreme Court, in a penalty of not
24 less than twice the amount of any warrants so duplicated,
25 conditioned to indemnify the state and any innocent holders
26 thereof from any damages that may accrue from such
27 duplication.
28 (2) The Chief Financial Officer Comptroller is
29 required to duplicate any Chief Financial Officer's
30 Comptroller's warrant that may have been lost or destroyed, or
31 may hereafter be lost or destroyed, when sent to any payee via
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1 any state agency when such warrant is lost or destroyed prior
2 to being received by the payee and provided the director of
3 the state agency to whom the warrant was sent presents to the
4 Chief Financial Officer Comptroller a statement, under oath,
5 reciting the number, date, and amount of the warrant lost or
6 destroyed, the circumstances surrounding the loss or
7 destruction of such warrant, and any additional information
8 that the Chief Financial Officer Comptroller shall request in
9 regard to such warrant.
10 (3) Any duplicate Chief Financial Officer's
11 Comptroller's warrant issued in pursuance of the above
12 provisions shall be of the same validity as the original was
13 before its loss.
14 Section 42. Section 17.14, Florida Statutes, is
15 amended to read:
16 17.14 To prescribe forms.--The Chief Financial Officer
17 Department of Banking and Finance may prescribe the forms of
18 all papers, vouchers, reports and returns and the manner of
19 keeping the accounts and papers to be used by the officers of
20 this state or other persons having accounts, claims, or
21 demands against the state or entrusted with the collection of
22 any of the revenue thereof or any demand due the same, which
23 form shall be pursued by such officer or other persons.
24 Section 43. Section 17.16, Florida Statutes, is
25 amended to read:
26 17.16 Seal.--The seal of office of the Chief Financial
27 Officer Comptroller of the state shall have a be the same as
28 the seal heretofore used for that purpose.
29 Section 44. Section 17.17, Florida Statutes, is
30 amended to read:
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1 17.17 Examination by Governor and report.--The office
2 of Chief Financial Officer Comptroller of the state, and the
3 books, files, documents, records, and papers shall always be
4 subject to the examination of the Governor of this state, or
5 any person the Governor may authorize to examine the same; and
6 on the first day of January of each and every year, or oftener
7 if called for by the Governor, the Chief Financial Officer
8 Comptroller shall make a full report of all his or her
9 official acts and proceedings for the last fiscal year to the
10 Governor, to be laid before the Legislature with the
11 Governor's message, and shall make such further report as the
12 constitution may require.
13 Section 45. Subsection (1) of section 17.20, Florida
14 Statutes, is amended to read:
15 17.20 Assignment of claims for collection.--
16 (1) The Department of Financial Services Banking and
17 Finance shall charge the state attorneys with the collection
18 of all claims that are placed in their hands for collection of
19 money or property for the state or any county or special
20 district, or that it otherwise requires them to collect. The
21 charges are evidence of indebtedness of a state attorney
22 against whom any charge is made for the full amount of the
23 claim, until the charges have been collected and paid into the
24 treasury of the state or of the county or special district or
25 the legal remedies of the state have been exhausted, or until
26 the state attorney demonstrates to the department that the
27 failure to collect the charges is not due to negligence and
28 the department has made a proper entry of satisfaction of the
29 charge against the state attorney.
30 Section 46. Section 17.21, Florida Statutes, is
31 amended to read:
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1 17.21 Not to allow any claim of state attorney against
2 state until report made.--The Chief Financial Officer
3 Comptroller shall not audit or allow any claim which any state
4 attorney may have against the state for services who shall
5 fail to make any report which by law the state attorney is
6 required to make to the Chief Financial Officer Comptroller of
7 claims of the state which it is his or her duty to collect.
8 Section 47. Section 17.22, Florida Statutes, is
9 amended to read:
10 17.22 Notice to Department of Legal Affairs.--Whenever
11 the Department of Financial Services Banking and Finance
12 forwards any bond or account or claim for suit to any state
13 attorney, it shall advise the Department of Legal Affairs of
14 the fact, giving it the amount of the claim and other
15 necessary particulars for its full information upon the
16 subject.
17 Section 48. Section 17.25, Florida Statutes, is
18 amended to read:
19 17.25 May certify copies.--The Chief Financial Officer
20 Comptroller of this state may certify, under his or her seal
21 of office, copies of any record, paper, or document, by law
22 placed in the Chief Financial Officer's Comptroller's custody,
23 keeping, and care; and such certified copy shall have the same
24 force and effect as evidence as the original would have.
25 Section 49. Subsections (1) and (3) of section 17.26,
26 Florida Statutes, are amended to read:
27 17.26 Cancellation of state warrants not presented
28 within 1 year.--
29 (1) If any state warrant issued by the Comptroller or
30 the Chief Financial Officer against any fund in the State
31 Treasury is not presented for payment within 1 year after the
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1 last day of the month in which it was originally issued, the
2 Chief Financial Officer Comptroller may cancel the warrant and
3 credit the amount of the warrant to the fund upon which it is
4 drawn. If the warrant so canceled was issued against a fund
5 that is no longer operative, the amount of the warrant shall
6 be credited to the General Revenue Fund. The Chief Financial
7 Officer Treasurer shall not honor any state warrant after it
8 has been canceled.
9 (3) When a warrant canceled under subsection (1)
10 represents funds that are in whole or in part derived from
11 federal contributions and disposition of the funds under
12 chapter 717 would cause a loss of the federal contributions,
13 the Governor shall certify to the Chief Financial Officer
14 Comptroller that funds represented by such warrants are for
15 that reason exempt from treatment as unclaimed property.
16 Obligations represented by warrants are unenforceable after 1
17 year from the last day of the month in which the warrant was
18 originally issued. An action may not be commenced thereafter
19 on the obligation unless authorized by the federal program
20 from which the original warrant was funded and unless payment
21 of the obligation is authorized to be made from the current
22 federal funding. When a payee or person entitled to a warrant
23 subject to this paragraph requests payment, and payment from
24 current federal funding is authorized by the federal program
25 from which the original warrant was funded, the Chief
26 Financial Officer Comptroller may, upon investigation, issue a
27 new warrant to be paid out of the proper fund in the State
28 Treasury, provided the payee or other person executes under
29 oath the statement required by s. 17.13 or surrenders the
30 canceled warrant.
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1 Section 50. Subsections (1), (2), and (3) of section
2 17.27, Florida Statutes, are amended to read:
3 17.27 Microfilming and destroying records and
4 correspondence.--
5 (1) The Department of Financial Services Banking and
6 Finance may destroy general correspondence files and also any
7 other records which the department may deem no longer
8 necessary to preserve in accordance with retention schedules
9 and destruction notices established under rules of the
10 Division of Library and Information Services, records and
11 information management program, of the Department of State.
12 Such schedules and notices relating to financial records of
13 the department shall be subject to the approval of the Auditor
14 General.
15 (2) The Department of Financial Services Banking and
16 Finance may photograph, microphotograph, or reproduce on film
17 such documents and records as it may select, in such manner
18 that each page will be exposed in exact conformity with the
19 original.
20 (3) The Department of Financial Services Banking and
21 Finance may destroy any of such said documents after they have
22 been photographed and filed in accordance with the provisions
23 of subsection (1).
24 Section 51. Section 17.28, Florida Statutes, is
25 amended to read:
26 17.28 Chief Financial Officer Comptroller may
27 authorize biweekly salary payments.--The Chief Financial
28 Officer Comptroller is authorized and may permit biweekly
29 salary payments to personnel upon written request by a
30 specific state agency. The Chief Financial Officer Comptroller
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1 shall adopt promulgate reasonable rules and regulations to
2 carry out the intent of this section.
3 Section 52. Section 17.29, Florida Statutes, is
4 amended to read:
5 17.29 Authority to prescribe rules.--The Chief
6 Financial Officer may Comptroller has authority to adopt rules
7 pursuant to ss. 120.54 and 120.536(1) to implement ss.
8 17.51-17.66 and duties assigned by statute or the State
9 Constitution. Such rules may include, but are not limited to,
10 the following:
11 (1) Procedures or policies relating to the processing
12 of payments from salaries, other personal services, or any
13 other applicable appropriation.
14 (2) Procedures for processing interagency and
15 intraagency payments which do not require the issuance of a
16 state warrant.
17 Section 53. Section 17.30, Florida Statutes, is
18 amended to read:
19 17.30 Dissemination of information.--The Chief
20 Financial Officer Comptroller may disseminate, in any form or
21 manner he or she considers appropriate, information regarding
22 the Chief Financial Officer's Comptroller's official duties.
23 Section 54. Section 17.32, Florida Statutes, is
24 amended to read:
25 17.32 Annual report of trust funds; duties of Chief
26 Financial Officer Comptroller.--
27 (1) On February 1 of each year, the Chief Financial
28 Officer Comptroller shall present to the President of the
29 Senate and the Speaker of the House of Representatives a
30 report listing all trust funds as defined in s. 215.32. The
31
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1 report shall contain the following data elements for each fund
2 for the preceding fiscal year:
3 (a) The fund code.
4 (b) The title.
5 (c) The fund type according to generally accepted
6 accounting principles.
7 (d) The statutory authority.
8 (e) The beginning cash balance.
9 (f) Direct revenues.
10 (g) Nonoperating revenues.
11 (h) Operating disbursements.
12 (i) Nonoperating disbursements.
13 (j) The ending cash balance.
14 (k) The department and budget entity in which the fund
15 is located.
16 (2) The report shall separately list all funds that
17 received no revenues other than interest earnings or transfers
18 from the General Revenue Fund or from other trust funds during
19 the preceding fiscal year.
20 (3) The report shall separately list all funds that
21 had unencumbered balances in excess of $2 million in each of
22 the 2 preceding fiscal years.
23 Section 55. Section 17.325, Florida Statutes, is
24 amended to read:
25 17.325 Governmental efficiency hotline; duties of
26 Chief Financial Officer Comptroller.--
27 (1) By September 1, 1992, The Chief Financial Officer
28 Comptroller shall establish and operate a statewide toll-free
29 telephone hotline to receive information or suggestions from
30 the citizens of this state on how to improve the operation of
31 government, increase governmental efficiency, and eliminate
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1 waste in government. The Chief Financial Officer Comptroller
2 shall report each month to the Appropriations Committee of the
3 House of Representatives and of the Senate the information or
4 suggestions received through the hotline and the evaluations
5 and determinations made by the affected agency, as provided in
6 subsection (3), with respect to such information or
7 suggestions.
8 (2) The Chief Financial Officer Comptroller shall
9 operate the hotline 24 hours a day. The Chief Financial
10 Officer Comptroller shall advertise the availability of the
11 hotline in newspapers of general circulation in this state and
12 shall provide for the posting of notices in conspicuous places
13 in state agency offices, city halls, county courthouses, and
14 places in which there is exposure to significant numbers of
15 the general public, including, but not limited to, local
16 convenience stores, shopping malls, shopping centers, gasoline
17 stations, or restaurants. The Chief Financial Officer
18 Comptroller shall use the slogan "Tell us where we can 'Get
19 Lean'" for the hotline and in advertisements for the hotline.
20 (3) Each telephone call on the hotline shall be
21 received by the office of the Chief Financial Officer
22 Comptroller, and the office of the Chief Financial Officer
23 Comptroller shall conduct an evaluation to determine if it is
24 appropriate for the telephone call to be processed as a "Get
25 Lean" telephone call. If it is determined that the telephone
26 call should be processed as a "Get Lean" telephone call, a
27 record of each suggestion or item of information received
28 shall be entered into a log kept by the Chief Financial
29 Officer Comptroller. A caller on the hotline may remain
30 anonymous, and, if the caller provides his or her name, the
31 name shall be confidential. If a caller discloses that he or
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1 she is a state employee, the Chief Financial Officer
2 Comptroller, in addition to maintaining a record as required
3 by this section, may refer any information or suggestion from
4 the caller to an existing state awards program administered by
5 the affected agency. The affected agency shall conduct a
6 preliminary evaluation of the efficacy of any suggestion or
7 item of information received through the hotline and shall
8 provide the Chief Financial Officer Comptroller with a
9 preliminary determination of the amount of revenues the state
10 might save by implementing the suggestion or making use of the
11 information.
12 (4) Any person who provides any information through
13 the hotline shall be immune from liability for any use of such
14 information and shall not be subject to any retaliation by any
15 employee of the state for providing such information or making
16 such suggestion.
17 (5) The Chief Financial Officer Comptroller shall
18 adopt any rule necessary to implement the establishment,
19 operation, and advertisement of the hotline.
20 Section 56. Section 17.41, Florida Statutes, is
21 amended to read:
22 17.41 Department of Financial Services Banking and
23 Finance Tobacco Settlement Clearing Trust Fund.--
24 (1) The Department of Financial Services Banking and
25 Finance Tobacco Settlement Clearing Trust Fund is created
26 within that department.
27 (2) Funds to be credited to the Tobacco Settlement
28 Clearing Trust Fund shall consist of payments received by the
29 state from settlement of State of Florida v. American Tobacco
30 Co., No. 95-1466AH (Fla. 15th Cir. Ct. 1996). Moneys received
31
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1 from the settlement and deposited into the trust fund are
2 exempt from the service charges imposed under s. 215.20.
3 (3)(a) Subject to approval of the Legislature, all or
4 any portion of the state's right, title, and interest in and
5 to the tobacco settlement agreement may be sold to the Tobacco
6 Settlement Financing Corporation created pursuant to s.
7 215.56005. Any such sale shall be a true sale and not a
8 borrowing.
9 (b) Any moneys received by the state pursuant to any
10 residual interest retained in the tobacco settlement agreement
11 or the payments to be made under the tobacco settlement
12 agreement shall be deposited into the Tobacco Settlement
13 Clearing Trust Fund.
14 (4) Net proceeds of the sale of the tobacco settlement
15 agreement received by the state shall be immediately deposited
16 into the Lawton Chiles Endowment Fund, created in s. 215.5601,
17 without deposit to the Tobacco Settlement Clearing Trust Fund.
18 (5) The department shall disburse funds, by
19 nonoperating transfer, from the Tobacco Settlement Clearing
20 Trust Fund to the tobacco settlement trust funds of the
21 various agencies in amounts equal to the annual appropriations
22 made from those agencies' trust funds in the General
23 Appropriations Act.
24 (6) Pursuant to the provisions of s. 19(f)(3), Art.
25 III of the State Constitution, the Tobacco Settlement Clearing
26 Trust Fund is exempt from the termination provisions of s.
27 19(f)(2), Art. III of the State Constitution.
28 Section 57. Section 17.43, Florida Statutes, is
29 amended to read:
30 17.43 Chief Financial Officer's Comptroller's Federal
31 Equitable Sharing Trust Fund.--
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1 (1) The Chief Financial Officer's Comptroller's
2 Federal Equitable Sharing Trust Fund is created within the
3 Department of Financial Services Banking and Finance. The
4 department may deposit into the trust fund receipts and
5 revenues received as a result of federal criminal,
6 administrative, or civil forfeiture proceedings and receipts
7 and revenues received from federal asset-sharing programs. The
8 trust fund is exempt from the service charges imposed by s.
9 215.20.
10 (2) Notwithstanding the provisions of s. 216.301 and
11 pursuant to s. 216.351, any balance in the trust fund at the
12 end of any fiscal year shall remain in the trust fund at the
13 end of the year and shall be available for carrying out the
14 purposes of the trust fund.
15 Section 58. Section 18.01, Florida Statutes, is
16 transferred, renumbered as section 17.51, Florida Statutes,
17 and amended to read:
18 17.51 18.01 Oath and certificate of Chief Financial
19 Officer Treasurer.--The Chief Financial Officer Treasurer
20 shall, within 10 days before he or she enters upon the duties
21 of office, take and subscribe an oath or affirmation
22 faithfully to discharge the duties of office, which oath or
23 affirmation must be deposited with the Department of State.
24 The Chief Financial Officer Treasurer shall also file with the
25 Department of State a certificate from the Comptroller
26 attesting that the retiring Treasurer or Chief Financial
27 Officer has turned over vouchers for all payments made as
28 required by law, and that the Treasurer's account has been
29 truly credited with the same, and that he or she has filed
30 receipts from his or her successor for all vouchers paid since
31 the end of last quarter, and for balance of cash, and for all
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1 bonds and other securities held by the Treasurer or Chief
2 Financial Officer as such, and a certificate from each board
3 of which he or she is made by law ex officio treasurer, that
4 he or she has satisfactorily accounted to such board as its
5 treasurer.
6 Section 59. Section 18.02, Florida Statutes, is
7 transferred, renumbered as section 17.52, Florida Statutes,
8 and amended to read:
9 17.52 18.02 Moneys paid on warrants.--The Division of
10 Treasury Treasurer shall pay all warrants on the treasury
11 drawn by the Chief Financial Officer or Comptroller and other
12 orders by the Chief Financial Officer or Comptroller for the
13 disbursement of state funds by electronic means or by means of
14 a magnetic tape or any other transfer medium. No moneys shall
15 be paid out of the treasury except on such warrants or other
16 orders of the Chief Financial Officer or Comptroller.
17 Section 60. Section 18.021, Florida Statutes, is
18 transferred, renumbered as section 17.53, Florida Statutes,
19 and amended to read:
20 17.53 18.021 Chief Financial Officer Treasurer to
21 operate personal check-cashing service.--
22 (1) The Chief Financial Officer Treasurer is
23 authorized to operate a personal check-cashing service or a
24 remote financial service unit at the capitol for the benefit
25 of state employees or other responsible persons who properly
26 identify themselves.
27 (2) If a personal check is dishonored or a state
28 warrant is forged and the Chief Financial Officer Treasurer
29 has made diligent but unsuccessful effort to collect and has
30 forwarded the returned check for prosecution by the
31 appropriate state attorney, then he or she may include such
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1 amount in his or her budget request to be considered during
2 the next legislative session.
3 Section 61. Section 18.05, Florida Statutes, is
4 transferred, renumbered as section 17.54, Florida Statutes,
5 and amended to read:
6 17.54 18.05 Annual report to Governor.--The Chief
7 Financial Officer Treasurer shall make a report in detail to
8 the Governor, with a copy to the President of the Senate and
9 the Speaker of the House of Representatives as soon after the
10 1st day of July of each year as it is practicable to prepare
11 same of the transactions of the Division of Treasury his or
12 her office for the preceding fiscal year, embracing a
13 statement of the receipts and payments on account of each of
14 the several funds of which he or she has the care and custody.
15 Section 62. Section 18.06, Florida Statutes, is
16 transferred, renumbered as section 17.55, Florida Statutes,
17 and amended to read:
18 17.55 18.06 Examination by and monthly statements to
19 the Governor.--The office of the Chief Financial Officer
20 Treasurer of this state, and the books, files, documents,
21 records, and papers thereof, shall always be subject to the
22 examination of the Governor of the state, or any person he or
23 she may authorize to examine same. The Chief Financial Officer
24 Treasurer shall exhibit to the Governor monthly a trial
25 balance sheet from the Division of Treasury his or her books
26 and a statement of all the credits, moneys, or effects on hand
27 on the day for which such said trial balance sheet is made,
28 and such said statement accompanying such said trial balance
29 sheet shall particularly describe the exact character of
30 funds, credits, and securities, and shall state in detail the
31 amount which he or she may have representing cash, including
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1 any not yet entered upon the books of his or her office, and
2 such statement shall be certified and signed by the Chief
3 Financial Officer Treasurer officially.
4 Section 63. Section 18.08, Florida Statutes, is
5 transferred, renumbered as section 17.56, Florida Statutes,
6 and amended to read:
7 17.56 18.08 Division of Treasury Treasurer to turn
8 over to the Division of Accounting and Auditing Comptroller
9 all warrants paid.--The Division of Treasury Treasurer shall
10 turn over to the Division of Accounting and Auditing
11 Comptroller, through the data service center, all warrants
12 drawn by the Chief Financial Officer or the Comptroller and
13 paid by the Division of Treasury Treasurer. The Said warrants
14 shall be turned over as soon as the Division of Treasury
15 Treasurer shall have recorded such warrants and charged the
16 same against the accounts upon which such warrants are drawn.
17 Section 64. Section 18.10, Florida Statutes, is
18 transferred, renumbered as section 17.57, Florida Statutes,
19 and amended to read:
20 17.57 18.10 Deposits and investments of state money.--
21 (1) The Chief Financial Officer Treasurer, or other
22 parties with the permission of the Chief Financial Officer
23 Treasurer, shall deposit the money of the state or any money
24 in the State Treasury in such qualified public depositories of
25 the state as will offer satisfactory collateral security for
26 such deposits, pursuant to chapter 280. It is the duty of the
27 Chief Financial Officer Treasurer, consistent with the cash
28 requirements of the state, to keep such money fully invested
29 or deposited as provided herein in order that the state may
30 realize maximum earnings and benefits.
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1 (2) The Chief Financial Officer Treasurer shall make
2 funds available to meet the disbursement needs of the state.
3 Funds that which are not needed for this purpose shall be
4 placed in qualified public depositories that will pay rates
5 established by the Chief Financial Officer Treasurer at levels
6 not less than the prevailing rate for United States Treasury
7 securities with a corresponding maturity. In the event money
8 is available for interest-bearing time deposits or savings
9 accounts as provided herein and qualified public depositories
10 are unwilling to accept such money and pay thereon the rates
11 established above, then such money which qualified public
12 depositories are unwilling to accept shall be invested in:
13 (a) Direct United States Treasury obligations.
14 (b) Obligations of the Federal Farm Credit Banks.
15 (c) Obligations of the Federal Home Loan Bank and its
16 district banks.
17 (d) Obligations of the Federal Home Loan Mortgage
18 Corporation, including participation certificates.
19 (e) Obligations guaranteed by the Government National
20 Mortgage Association.
21 (f) Obligations of the Federal National Mortgage
22 Association.
23 (g) Commercial paper of prime quality of the highest
24 letter and numerical rating as provided for by at least one
25 nationally recognized rating service.
26 (h) Time drafts or bills of exchange drawn on and
27 accepted by a commercial bank, otherwise known as "bankers
28 acceptances," which are accepted by a member bank of the
29 Federal Reserve System having total deposits of not less than
30 $400 million or which are accepted by a commercial bank which
31 is not a member of the Federal Reserve System with deposits of
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1 not less than $400 million and which is licensed by a state
2 government or the Federal Government, and whose senior debt
3 issues are rated in one of the two highest rating categories
4 by a nationally recognized rating service and which are held
5 in custody by a domestic bank which is a member of the Federal
6 Reserve System.
7 (i) Corporate obligations or corporate master notes of
8 any corporation within the United States, if the long-term
9 obligations of such corporation are rated by at least two
10 nationally recognized rating services in any one of the four
11 highest classifications. However, if such obligations are
12 rated by only one nationally recognized rating service, then
13 the obligations shall be rated in any one of the two highest
14 classifications.
15 (j) Obligations of the Student Loan Marketing
16 Association.
17 (k) Obligations of the Resolution Funding Corporation.
18 (l) Asset-backed or mortgage-backed securities of the
19 highest credit quality.
20 (m) Any obligations not previously listed which are
21 guaranteed as to principal and interest by the full faith and
22 credit of the United States Government or are obligations of
23 United States agencies or instrumentalities which are rated in
24 the highest category by a nationally recognized rating
25 service.
26 (n) Commingled no-load investment funds or no-load
27 mutual funds in which all securities held by the funds are
28 authorized in this subsection.
29 (o) Money market mutual funds as defined and regulated
30 by the Securities and Exchange Commission.
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1 (p) Obligations of state and local governments rated
2 in any of the four highest classifications by at least two
3 nationally recognized rating services. However, if such
4 obligations are rated by only one nationally recognized rating
5 service, then the obligations shall be rated in any one of the
6 two highest classifications.
7 (q) Derivatives of investment instruments authorized
8 in paragraphs (a)-(m).
9 (r) Covered put and call options on investment
10 instruments authorized in this subsection for the purpose of
11 hedging transactions by investment managers to mitigate risk
12 or to facilitate portfolio management.
13 (s) Negotiable certificates of deposit issued by
14 financial institutions whose long-term debt is rated in one of
15 the three highest categories by at least two nationally
16 recognized rating services, the investment in which shall not
17 be prohibited by any provision of chapter 280.
18 (t) Foreign bonds denominated in United States dollars
19 and registered with the Securities and Exchange Commission for
20 sale in the United States, if the long-term obligations of
21 such issuers are rated by at least two nationally recognized
22 rating services in any one of the four highest
23 classifications. However, if such obligations are rated by
24 only one nationally recognized rating service, the obligations
25 shall be rated in any one of the two highest classifications.
26 (u) Convertible debt obligations of any corporation
27 domiciled within the United States, if the convertible debt
28 issue is rated by at least two nationally recognized rating
29 services in any one of the four highest classifications.
30 However, if such obligations are rated by only one nationally
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1 recognized rating service, then the obligations shall be rated
2 in any one of the two highest classifications.
3 (v) Securities not otherwise described in this
4 subsection. However, not more than 3 percent of the funds
5 under the control of the Chief Financial Officer Treasurer
6 shall be invested in securities described in this paragraph.
7
8 These investments may be in varying maturities and may be in
9 book-entry form. Investments made pursuant to this subsection
10 may be under repurchase agreement. The Chief Financial Officer
11 may Treasurer is authorized to hire registered investment
12 advisers and other consultants to assist in investment
13 management and to pay fees directly from investment earnings.
14 Investment securities, proprietary investment services related
15 to contracts, performance evaluation services,
16 investment-related equipment or software used directly to
17 assist investment trading or investment accounting operations
18 including bond calculators, telerates, Bloombergs, special
19 program calculators, intercom systems, and software used in
20 accounting, communications, and trading, and advisory and
21 consulting contracts made under this section are exempt from
22 the provisions of chapter 287.
23 (3) In the event the financial institutions in the
24 state do not make sufficient loan funds available for a
25 residential conservation program pursuant to any plan approved
26 by the Florida Public Service Commission under the Florida
27 Energy Efficiency and Conservation Act, the board may
28 authorize the investment of state funds, except retirement
29 trust funds, in such a loan program at rates not less than
30 prevailing United States Treasury bill rates. However, prior
31 to investment of such funds, the Florida Public Service
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1 Commission shall develop a plan which must be approved by the
2 Legislature before implementation.
3 (4) All earnings on any investments made pursuant to
4 this section shall be credited to the General Revenue Fund,
5 except that earnings attributable to moneys made available
6 pursuant to s. 17.61(3) s. 18.125(3) shall be credited pro
7 rata to the funds from which such moneys were made available.
8 (5) The fact that a municipal officer or a state
9 officer, including an officer of any municipal or state
10 agency, board, bureau, commission, institution, or department,
11 is a stockholder or an officer or director of a bank or
12 savings and loan association will not bar such bank or savings
13 and loan association from being a depository of funds coming
14 under the jurisdiction of any such municipal officer or state
15 officer if it shall appear in the records of the municipal or
16 state office that the governing body of such municipality or
17 state agency has investigated and determined that such
18 municipal or state officer is not favoring such banks or
19 savings and loan associations over other qualified banks or
20 savings and loan associations.
21 (6) The Chief Financial Officer Treasurer is
22 designated the cash management officer for the state and is
23 charged with the coordination and supervision of procedures
24 providing for the efficient handling of financial assets under
25 the control of the State Treasury and each of the various
26 state agencies, and of the judicial branch, as defined in s.
27 216.011. This responsibility shall include the supervision and
28 approval of all banking relationships. Pursuant to this
29 responsibility, the Chief Financial Officer may Treasurer is
30 authorized to obtain information from financial institutions
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1 regarding depository accounts maintained by any agency or
2 institution of the State of Florida.
3 Section 65. Section 18.101, Florida Statutes, is
4 transferred, renumbered as section 17.58, Florida Statutes,
5 and amended to read:
6 17.58 18.101 Deposits of public money outside the
7 State Treasury; revolving funds.--
8 (1) All moneys collected by state agencies, boards,
9 bureaus, commissions, institutions, and departments shall,
10 except as otherwise provided by law, be deposited in the State
11 Treasury. However, when the volume and complexity of
12 collections so justify, the Chief Financial Officer Treasurer
13 may give written approval for such moneys to be deposited in
14 clearing accounts outside the State Treasury in qualified
15 public depositories pursuant to chapter 280. Such deposits
16 shall only be made in depositories designated by the Chief
17 Financial Officer Treasurer. No money may be maintained in
18 such clearing accounts for a period longer than approved by
19 the Chief Financial Officer Treasurer or 40 days, whichever is
20 shorter, prior to its being transmitted to the Chief Financial
21 Officer Treasurer or to an account designated by him or her,
22 distributed to a statutorily authorized account outside the
23 State Treasury, refunded, or transmitted to the Department of
24 Revenue. All depositories so designated shall pledge
25 sufficient collateral to be security for such funds as
26 provided in chapter 280.
27 (2) Revolving funds authorized by the Chief Financial
28 Officer Comptroller for all state agencies, boards, bureaus,
29 commissions, institutions, and departments may be deposited by
30 such agencies, boards, bureaus, commissions, institutions, and
31 departments in qualified public depositories designated by the
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1 Chief Financial Officer Treasurer for such revolving fund
2 deposits; and the depositories in which such deposits are made
3 shall pledge collateral security as provided in chapter 280.
4 (3) Notwithstanding the foregoing provisions, clearing
5 and revolving accounts may be established outside the state
6 when necessary to facilitate the authorized operations of any
7 agency, board, bureau, commission, institution, or department.
8 Any of such accounts established in the United States shall be
9 subject to the collateral security requirements of chapter
10 280. Accounts established outside the United States may be
11 exempted from the requirements of chapter 280 as provided in
12 chapter 280; but before any unsecured account is established,
13 the agency requesting or maintaining the account shall
14 recommend a financial institution to the Chief Financial
15 Officer Treasurer for designation to hold the account and
16 shall submit evidence of the financial condition, size,
17 reputation, and relative prominence of the institution from
18 which the Chief Financial Officer Treasurer can reasonably
19 conclude that the institution is financially sound before
20 designating it to hold the account.
21 (4) Each department shall furnish a statement to the
22 Chief Financial Officer Treasurer, on or before the 20th of
23 the month following the end of each calendar quarter, listing
24 each clearing account and revolving fund within that
25 department's jurisdiction. Such statement shall report, as of
26 the last day of the calendar quarter, the cash balance in each
27 revolving fund and that portion of the cash balance in each
28 clearing account that will eventually be deposited to the
29 State Treasury as provided by law. The Chief Financial Officer
30 Treasurer shall show the sum total of state funds in clearing
31 accounts and revolving funds, as most recently reported to the
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1 Chief Financial Officer Treasurer by various departments, in
2 his or her monthly statement to the Governor, pursuant to s.
3 17.55 s. 18.06.
4 Section 66. Section 18.103, Florida Statutes, is
5 transferred, renumbered as section 17.59, Florida Statutes,
6 and amended to read:
7 17.59 18.103 Safekeeping services of Treasurer.--
8 (1) The Chief Financial Officer Treasurer may accept
9 for safekeeping purposes, deposits of cash, securities, and
10 other documents or articles of value from any state agency as
11 defined in s. 216.011, or any county, city, or political
12 subdivision thereof, or other public authority.
13 (2) The Chief Financial Officer Treasurer may, in his
14 or her discretion, establish a fee for processing, servicing,
15 and safekeeping deposits and other documents or articles of
16 value held in the Chief Financial Officer's Treasurer's vaults
17 as requested by the various entities or as provided for by
18 law. Such fee shall be equivalent to the fee charged by
19 financial institutions for processing, servicing, and
20 safekeeping the same types of deposits and other documents or
21 articles of value.
22 (3) The Chief Financial Officer Treasurer shall
23 collect in advance, and persons so served shall pay to the
24 Chief Financial Officer Treasurer in advance, the
25 miscellaneous charges as follows:
26 (a) For copies of documents or records on file with
27 the Chief Financial Officer Treasurer, per page..........$.50.
28 (b) For each certificate of the Chief Financial
29 Officer Treasurer, certified or under the Chief Financial
30 Officer's Treasurer's seal, authenticating any document or
31 other instrument........................................$5.00.
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1 (4) All fees collected for the services described in
2 this section shall be deposited in the Treasury Treasurer's
3 Administrative and Investment Trust Fund.
4 Section 67. Section 18.104, Florida Statutes, is
5 transferred, renumbered as section 17.60, Florida Statutes,
6 and amended to read:
7 17.60 18.104 Treasury Cash Deposit Trust Fund.--
8 (1) There is hereby created in the State Treasury the
9 Treasury Cash Deposit Trust Fund. Cash deposits made pursuant
10 to s. 17.59 s. 18.103 shall be deposited into this fund.
11 (2) Interest earned on cash deposited into this fund
12 shall be prorated and paid to the depositing entities.
13 Section 68. Section 18.125, Florida Statutes, is
14 transferred, renumbered as section 17.61, Florida Statutes,
15 and amended to read:
16 17.61 18.125 Chief Financial Officer Treasurer; powers
17 and duties in the investment of certain funds.--
18 (1) The Chief Financial Officer Treasurer, acting with
19 the approval of a majority of the State Board of
20 Administration, shall invest all general revenue funds and all
21 the trust funds and all agency funds of each state agency, and
22 of the judicial branch, as defined in s. 216.011, and may,
23 upon request, invest funds of any statutorily created board,
24 association, or entity, except for the funds required to be
25 invested pursuant to ss. 215.44-215.53, by the procedure and
26 in the authorized securities prescribed in s. 17.57 s. 18.10;
27 for this purpose, the Chief Financial Officer may Treasurer
28 shall be authorized to open and maintain one or more demand
29 and safekeeping accounts in any bank or savings association
30 for the investment and reinvestment and the purchase, sale,
31 and exchange of funds and securities in the accounts. Funds
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1 in such accounts used solely for investments and reinvestments
2 shall be considered investment funds and not funds on deposit,
3 and such funds shall be exempt from the provisions of chapter
4 280. In addition, the securities or investments purchased or
5 held under the provisions of this section and s. 17.57 s.
6 18.10 may be loaned to securities dealers and banks and may be
7 registered by the Chief Financial Officer Treasurer in the
8 name of a third-party nominee in order to facilitate such
9 loans, provided the loan is collateralized by cash or United
10 States government securities having a market value of at least
11 100 percent of the market value of the securities loaned. The
12 Chief Financial Officer Treasurer shall keep a separate
13 account, designated by name and number, of each fund.
14 Individual transactions and totals of all investments, or the
15 share belonging to each fund, shall be recorded in the
16 accounts.
17 (2) By and with the consent and approval of any
18 constitutional board, the judicial branch, or agency now
19 having the constitutional power to make investments and in
20 accordance with this section, the Chief Financial Officer may
21 Treasurer shall have the power to make purchases, sales,
22 exchanges, investments, and reinvestments for and on behalf of
23 any such board.
24 (3)(a) It is the duty of each state agency, and of the
25 judicial branch, now or hereafter charged with the
26 administration of the funds referred to in subsection (1) to
27 make such moneys available for investment as fully as is
28 consistent with the cash requirements of the particular fund
29 and to authorize investment of such moneys by the Chief
30 Financial Officer Treasurer.
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1 (b) Monthly, and more often as circumstances require,
2 such agency or judicial branch shall notify the Chief
3 Financial Officer Treasurer of the amount available for
4 investment; and the moneys shall be invested by the Chief
5 Financial Officer Treasurer. Such notification shall include
6 the name and number of the fund for which the investments are
7 to be made and the life of the investment if the principal sum
8 is to be required for meeting obligations. This subsection,
9 however, shall not be construed to make available for
10 investment any funds other than those referred to in
11 subsection (1).
12 (4)(a) There is hereby created in the State Treasury
13 the Treasury Treasurer's Administrative and Investment Trust
14 Fund.
15 (b) The Chief Financial Officer Treasurer shall make
16 an annual assessment of 0.12 percent against the average daily
17 balance of those moneys made available pursuant to this
18 section and 0.2 percent against the average daily balance of
19 those funds requiring investment in a separate account. The
20 proceeds of this assessment shall be deposited in the Treasury
21 Treasurer's Administrative and Investment Trust Fund.
22 (c) The moneys so received and deposited in the fund
23 shall be used by the Chief Financial Officer Treasurer to
24 defray the expense of his or her office in the discharge of
25 the administrative and investment powers and duties prescribed
26 by this section and this chapter, including the maintaining of
27 an office and necessary supplies therefor, essential equipment
28 and other materials, salaries and expenses of required
29 personnel, and all other legitimate expenses relating to the
30 administrative and investment powers and duties imposed upon
31 and charged to the Chief Financial Officer Treasurer under
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1 this section and this chapter. The unencumbered balance in the
2 trust fund at the close of each quarter shall not exceed
3 $750,000. Any funds in excess of this amount shall be
4 transferred unallocated to the General Revenue Fund. However,
5 fees received from deferred compensation participants pursuant
6 to s. 112.215 shall not be transferred to the General Revenue
7 Fund and shall be used to operate the deferred compensation
8 program.
9 (5) The transfer of the powers, duties, and
10 responsibilities of existing state agencies and of the
11 judicial branch made by this section to the Chief Financial
12 Officer Treasurer shall include only the particular powers,
13 duties, and responsibilities hereby transferred, and all other
14 existing powers shall in no way be affected by this section.
15 Section 69. Section 18.15, Florida Statutes, is
16 transferred, renumbered as section 17.62, Florida Statutes,
17 and amended to read:
18 17.62 18.15 Interest on state moneys deposited; when
19 paid.--Interest on state moneys deposited in qualified public
20 depositories under s. 17.57 s. 18.10 shall be payable to the
21 Chief Financial Officer Treasurer quarterly or semiannually.
22 Section 70. Section 18.17, Florida Statutes, is
23 transferred, renumbered as section 17.63, Florida Statutes,
24 and amended to read:
25 17.63 18.17 Chief Financial Officer Treasurer not to
26 issue evidences of indebtedness.--It is not lawful for the
27 Chief Financial Officer Treasurer of this state to issue any
28 treasury certificates, or any other evidences of indebtedness,
29 for any purpose whatever, and the Chief Financial Officer
30 Treasurer is prohibited from issuing the same.
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1 Section 71. Section 18.20, Florida Statutes, is
2 transferred, renumbered as section 17.64, Florida Statutes,
3 and amended to read:
4 17.64 18.20 Chief Financial Officer Treasurer to make
5 reproductions of certain warrants, records, and documents.--
6 (1) All vouchers or checks heretofore or hereafter
7 drawn by appropriate court officials of the several counties
8 of the state against money deposited with the Treasurer under
9 the provisions of s. 43.17, and paid by the Treasurer, may be
10 photographed, microphotographed, or reproduced on film by the
11 Treasurer. Such photographic film shall be durable material
12 and the device used to so reproduce such warrants, vouchers,
13 or checks shall be one which accurately reproduces the
14 originals thereof in all detail; and such photographs,
15 microphotographs, or reproductions on film shall be placed in
16 conveniently accessible and identified files and shall be
17 preserved by the Treasurer as a part of the permanent records
18 of office. When any such warrants, vouchers, or checks have
19 been so photographed, microphotographed, or reproduced on
20 film, and the photographs, microphotographs, or reproductions
21 on film thereof have been placed in files as a part of the
22 permanent records of the office of the Treasurer as aforesaid,
23 the Treasurer is authorized to return such warrants, vouchers,
24 or checks to the offices of the respective county officials
25 who drew the same and such warrants, vouchers, or checks shall
26 be retained and preserved in such offices to which returned as
27 a part of the permanent records of such offices.
28 (1)(2) Such Photographs, microphotographs, or
29 reproductions on film of such said warrants, vouchers, or
30 checks shall be deemed to be original records for all
31 purposes; and any copy or reproduction thereof made from such
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1 original film, duly certified by the Chief Financial Officer
2 Treasurer as a true and correct copy or reproduction made from
3 such film, shall be deemed to be a transcript, exemplification
4 or certified copy of the original warrant, voucher, or check
5 such copy represents, and shall in all cases and in all courts
6 and places be admitted and received in evidence with the like
7 force and effect as the original thereof might be.
8 (2)(3) The Chief Financial Officer Treasurer is also
9 hereby authorized to photograph, microphotograph, or reproduce
10 on film, all records and documents of such said office, as the
11 Chief Financial Officer Treasurer may, in his or her
12 discretion, selects select; and the Chief Financial Officer
13 said Treasurer is hereby authorized to destroy any such of the
14 said documents or records after they have been photographed
15 and filed and after audit of the Chief Financial Officer's
16 Treasurer's office has been completed for the period embracing
17 the dates of such said documents and records.
18 (3)(4) Photographs or microphotographs in the form of
19 film or prints of any records made in compliance with the
20 provisions of this section shall have the same force and
21 effect as the originals thereof would have, and shall be
22 treated as originals for the purpose of their admissibility in
23 evidence. Duly certified or authenticated reproductions of
24 such photographs or microphotographs shall be admitted in
25 evidence equally with the original photographs or
26 microphotographs.
27 Section 72. Section 18.23, Florida Statutes, is
28 transferred, renumbered as section 17.65, Florida Statutes,
29 and amended to read:
30 17.65 18.23 Chief Financial Officer Treasurer to
31 prescribe forms.--The Chief Financial Officer Treasurer may
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1 prescribe the forms, and the manner of keeping the same, for
2 all receipts, credit advices, abstracts, reports, and other
3 papers furnished the Chief Financial Officer Treasurer by the
4 officers of this state or other persons or entities as a
5 result of their having, or depositing, state moneys.
6 Section 73. Section 18.24, Florida Statutes, is
7 transferred, renumbered as section 17.66, Florida Statutes,
8 and amended to read:
9 17.66 18.24 Securities in book-entry form.--Any
10 security which:
11 (1)(a) Is eligible to be held in book-entry form on
12 the books of the Federal Reserve Book-Entry System; or
13 (b) Is eligible for deposit in a depository trust
14 clearing system established to hold and transfer securities by
15 computerized book-entry systems; and which
16 (2)(a) Is held in the name of the Chief Financial
17 Officer, in the name of the State Treasurer, or in the name of
18 the State Insurance Commissioner; or
19 (b) Is pledged to the Chief Financial Officer, to the
20 State Treasurer, or to the State Insurance Commissioner;
21
22 under any state law for any purpose whatsoever, may be held in
23 book-entry form on the books of the Federal Reserve Book-Entry
24 System or on deposit in a depository trust clearing system.
25 Section 74. Subsection (3) of section 20.04, Florida
26 Statutes, is amended to read:
27 20.04 Structure of executive branch.--The executive
28 branch of state government is structured as follows:
29 (3) For their internal structure, all departments,
30 except for the Department of Financial Services Banking and
31 Finance, the Department of Children and Family Services, the
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1 Department of Corrections, the Department of Management
2 Services, the Department of Revenue, and the Department of
3 Transportation, must adhere to the following standard terms:
4 (a) The principal unit of the department is the
5 "division." Each division is headed by a "director."
6 (b) The principal unit of the division is the
7 "bureau." Each bureau is headed by a "chief."
8 (c) The principal unit of the bureau is the "section."
9 Each section is headed by an "administrator."
10 (d) If further subdivision is necessary, sections may
11 be divided into "subsections," which are headed by
12 "supervisors."
13 Section 75. Paragraph (h) of subsection (5) of section
14 20.055, Florida Statutes, is amended to read:
15 20.055 Agency inspectors general.--
16 (5) In carrying out the auditing duties and
17 responsibilities of this act, each inspector general shall
18 review and evaluate internal controls necessary to ensure the
19 fiscal accountability of the state agency. The inspector
20 general shall conduct financial, compliance, electronic data
21 processing, and performance audits of the agency and prepare
22 audit reports of his or her findings. The scope and assignment
23 of the audits shall be determined by the inspector general;
24 however, the agency head may at any time direct the inspector
25 general to perform an audit of a special program, function, or
26 organizational unit. The performance of the audit shall be
27 under the direction of the inspector general, except that if
28 the inspector general does not possess the qualifications
29 specified in subsection (4), the director of auditing shall
30 perform the functions listed in this subsection.
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1 (h) The inspector general shall develop long-term and
2 annual audit plans based on the findings of periodic risk
3 assessments. The plan, where appropriate, should include
4 postaudit samplings of payments and accounts. The plan shall
5 show the individual audits to be conducted during each year
6 and related resources to be devoted to the respective audits.
7 The Chief Financial Officer Comptroller, to assist in
8 fulfilling the responsibilities for examining, auditing, and
9 settling accounts, claims, and demands pursuant to s.
10 17.03(1), and examining, auditing, adjusting, and settling
11 accounts pursuant to s. 17.04, may utilize audits performed by
12 the inspectors general and internal auditors. For state
13 agencies under the Governor, the audit plans shall be
14 submitted to the Governor's Chief Inspector General. The plan
15 shall be submitted to the agency head for approval. A copy of
16 the approved plan shall be submitted to the Auditor General.
17 Section 76. Section 20.195, Florida Statutes, is
18 amended to read:
19 20.195 Department of Children and Family Services
20 Tobacco Settlement Trust Fund.--
21 (1) The Department of Children and Family Services
22 Tobacco Settlement Trust Fund is created within that
23 department. Funds to be credited to the trust fund shall
24 consist of funds disbursed, by nonoperating transfer, from the
25 Department of Financial Services Banking and Finance Tobacco
26 Settlement Clearing Trust Fund in amounts equal to the annual
27 appropriations made from this trust fund.
28 (2) Notwithstanding the provisions of s. 216.301 and
29 pursuant to s. 216.351, any unencumbered balance in the trust
30 fund at the end of any fiscal year and any encumbered balance
31 remaining undisbursed on December 31 of the same calendar year
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1 shall revert to the Department of Financial Services Banking
2 and Finance Tobacco Settlement Clearing Trust Fund.
3 Section 77. Section 20.425, Florida Statutes, is
4 amended to read:
5 20.425 Agency for Health Care Administration Tobacco
6 Settlement Trust Fund.--
7 (1) The Agency for Health Care Administration Tobacco
8 Settlement Trust Fund is created within the agency. Funds to
9 be credited to the trust fund shall consist of funds
10 disbursed, by nonoperating transfer, from the Department of
11 Financial Services Banking and Finance Tobacco Settlement
12 Clearing Trust Fund in amounts equal to the annual
13 appropriations made from this trust fund.
14 (2) Notwithstanding the provisions of s. 216.301 and
15 pursuant to s. 216.351, any unencumbered balance in the trust
16 fund at the end of any fiscal year and any encumbered balance
17 remaining undisbursed on December 31 of the same calendar year
18 shall revert to the Department of Financial Services Banking
19 and Finance Tobacco Settlement Clearing Trust Fund.
20 Section 78. Paragraph (g) of subsection (1) of section
21 20.435, Florida Statutes, is amended to read:
22 20.435 Department of Health; trust funds.--
23 (1) The following trust funds are hereby created, to
24 be administered by the Department of Health:
25 (g) Department of Health Tobacco Settlement Trust
26 Fund.
27 1. Funds to be credited to the trust fund shall
28 consist of funds disbursed, by nonoperating transfer, from the
29 Department of Financial Services Banking and Finance Tobacco
30 Settlement Clearing Trust Fund in amounts equal to the annual
31 appropriations made from this trust fund.
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1 2. Notwithstanding the provisions of s. 216.301 and
2 pursuant to s. 216.351, any unencumbered balance in the trust
3 fund at the end of any fiscal year and any encumbered balance
4 remaining undisbursed on December 31 of the same calendar year
5 shall revert to the Department of Financial Services Banking
6 and Finance Tobacco Settlement Clearing Trust Fund.
7 Section 79. Subsection (4) of section 24.105, Florida
8 Statutes, is amended to read:
9 24.105 Powers and duties of department.--The
10 department shall:
11 (4) Submit monthly and annual reports to the Governor,
12 the Chief Financial Officer Treasurer, the President of the
13 Senate, and the Speaker of the House of Representatives
14 disclosing the total lottery revenues, prize disbursements,
15 and other expenses of the department during the preceding
16 month. The annual report shall additionally describe the
17 organizational structure of the department, including its
18 hierarchical structure, and shall identify the divisions and
19 bureaus created by the secretary and summarize the
20 departmental functions performed by each.
21 Section 80. Subsection (5) of section 24.111, Florida
22 Statutes, is amended to read:
23 24.111 Vendors; disclosure and contract
24 requirements.--
25 (5) Each vendor in a major procurement in excess of
26 $25,000, and any other vendor if the department deems it
27 necessary to protect the state's financial interest, shall, at
28 the time of executing the contract with the department, post
29 an appropriate bond with the department in an amount
30 determined by the department to be adequate to protect the
31 state's interests, but not higher than the full amount
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1 estimated to be paid annually to the vendor under the
2 contract. In lieu of the bond, a vendor may, to assure the
3 faithful performance of its obligations, file with the
4 department an irrevocable letter of credit acceptable to the
5 department in an amount determined by the department to be
6 adequate to protect the state's interests or deposit and
7 maintain with the Chief Financial Officer Treasurer securities
8 that are interest bearing or accruing and that, with the
9 exception of those specified in paragraphs (a) and (b), are
10 rated in one of the four highest classifications by an
11 established nationally recognized investment rating service.
12 Securities eligible under this subsection shall be limited to:
13 (a) Certificates of deposit issued by solvent banks or
14 savings associations organized and existing under the laws of
15 this state or under the laws of the United States and having
16 their principal place of business in this state.
17 (b) United States bonds, notes, and bills for which
18 the full faith and credit of the government of the United
19 States is pledged for the payment of principal and interest.
20 (c) General obligation bonds and notes of any
21 political subdivision of the state.
22 (d) Corporate bonds of any corporation that is not an
23 affiliate or subsidiary of the depositor.
24
25 Such securities shall be held in trust and shall have at all
26 times a market value at least equal to an amount determined by
27 the department to be adequate to protect the state's
28 interests, which amount shall not be set higher than the full
29 amount estimated to be paid annually to the vendor under
30 contract.
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1 Section 81. Paragraph (b) of subsection (9) of section
2 24.112, Florida Statutes, is amended to read:
3 24.112 Retailers of lottery tickets.--
4 (9)
5 (b) In lieu of such bond, the department may purchase
6 blanket bonds covering all or selected retailers or may allow
7 a retailer to deposit and maintain with the Chief Financial
8 Officer Treasurer securities that are interest bearing or
9 accruing and that, with the exception of those specified in
10 subparagraphs 1. and 2., are rated in one of the four highest
11 classifications by an established nationally recognized
12 investment rating service. Securities eligible under this
13 paragraph shall be limited to:
14 1. Certificates of deposit issued by solvent banks or
15 savings associations organized and existing under the laws of
16 this state or under the laws of the United States and having
17 their principal place of business in this state.
18 2. United States bonds, notes, and bills for which the
19 full faith and credit of the government of the United States
20 is pledged for the payment of principal and interest.
21 3. General obligation bonds and notes of any political
22 subdivision of the state.
23 4. Corporate bonds of any corporation that is not an
24 affiliate or subsidiary of the depositor.
25
26 Such securities shall be held in trust and shall have at all
27 times a market value at least equal to an amount required by
28 the department.
29 Section 82. Subsections (3) and (4) of section 24.120,
30 Florida Statutes, are amended to read:
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1 24.120 Financial matters; Administrative Trust Fund;
2 interagency cooperation.--
3 (3) Any action required by law to be taken by the
4 Chief Financial Officer State Treasurer or the Comptroller
5 shall be taken within 2 business days after the department's
6 request therefor. If the request for such action is not
7 approved or rejected within such period, the request shall be
8 deemed to be approved. The department shall reimburse the
9 Chief Financial Officer State Treasurer or the Comptroller for
10 any additional costs involved in providing the level of
11 service required by this subsection.
12 (4) The department shall cooperate with the Chief
13 Financial Officer State Treasurer, the Comptroller, the
14 Auditor General, and the Office of Program Policy Analysis and
15 Government Accountability by giving employees designated by
16 any of them access to facilities of the department for the
17 purpose of efficient compliance with their respective
18 responsibilities.
19 Section 83. Subsection (5) of section 25.241, Florida
20 Statutes, is amended to read:
21 25.241 Clerk of Supreme Court; compensation;
22 assistants; filing fees, etc.--
23 (5) The Clerk of the Supreme Court is hereby required
24 to prepare a statement of all fees collected in duplicate each
25 month and remit one copy of such said statement, together with
26 all fees collected by him or her, to the Chief Financial
27 Officer State Treasurer, who shall place the same to the
28 credit of the General Revenue Fund.
29 Section 84. Section 26.39, Florida Statutes, is
30 amended to read:
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1 26.39 Penalty for nonattendance of judge.--Whenever
2 such default shall occur, the clerk of the court (unless such
3 judge shall file his or her reasons for such default as
4 hereinbefore provided) shall certify the fact, under his or
5 her official signature and seal, to the Chief Financial
6 Officer Comptroller of the state, who shall deduct from the
7 warrants on the Treasurer, thereafter to be issued in favor of
8 the judge making such default, the sum of $100 as aforesaid
9 for every such default.
10 Section 85. Section 27.08, Florida Statutes, is
11 amended to read:
12 27.08 State claims; surrender of papers to
13 successor.--Upon the qualification of the successor of any
14 state attorney, the state attorney going out of office shall
15 deliver to his or her successor a statement of all cases for
16 the collection of money in favor of the state under his or her
17 control and the papers connected with the same, and take his
18 or her receipt for the same, which receipt, when filed with
19 the Department of Financial Services Banking and Finance,
20 shall release such state attorney from any further liability
21 to the state upon the claims receipted for; and the state
22 attorney receiving the claims shall be liable in all respects
23 for the same, as provided against state attorneys in s. 17.20.
24 Section 86. Section 27.10, Florida Statutes, is
25 amended to read:
26 27.10 Obligation as to claims; how discharged.--The
27 charges mentioned in s. 17.20 shall be evidence of
28 indebtedness on the part of any state attorney against whom
29 any charge is made for the full amount of such claim to the
30 state until the same shall be collected and paid into the
31 treasury or sued to insolvency, which fact of insolvency shall
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1 be certified by the circuit judge of his or her circuit,
2 unless the said state attorney makes shall make it fully
3 appear to the Department of Financial Services Banking and
4 Finance that the failure to collect the same did not result
5 from his or her neglect.
6 Section 87. Section 27.11, Florida Statutes, is
7 amended to read:
8 27.11 Report upon claims committed to state
9 attorney.--The state attorney shall make a report to the Chief
10 Financial Officer Comptroller on the first Monday in January
11 and July in each and every year of the condition of all claims
12 placed in his or her hands or which the state attorney may
13 have been required to prosecute and collect, whether the same
14 is in suit or in judgment, or collected, and the probable
15 solvency or insolvency of claims not collected, and shall at
16 the same time pay over all moneys which he or she may have
17 collected belonging to the state; and the Chief Financial
18 Officer Comptroller shall not audit or allow any claim which
19 any state attorney may have against the state for services
20 until he or she makes the report herein required.
21 Section 88. Subsection (1) of section 27.12, Florida
22 Statutes, is amended to read:
23 27.12 Power to compromise.--
24 (1) The state attorney may, with the approval of the
25 Department of Financial Services Banking and Finance,
26 compromise and settle all judgments, claims, and demands in
27 favor of the state in his or her circuit against defaulting
28 collectors of revenue, sheriffs and other officers, and the
29 sureties on their bonds, on such terms as the state attorney
30 may deem equitable and proper.
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1 Section 89. Section 27.13, Florida Statutes, is
2 amended to read:
3 27.13 Completion of compromise.--The state attorney
4 shall, on agreeing to any compromise or settlement, report the
5 same to the Department of Financial Services Banking and
6 Finance for its approval; and, on its approving such
7 compromise or settlement, the said state attorney, on a
8 compliance with the terms of such compromise or settlement
9 shall give a receipt to the collector of revenue, sheriff or
10 other officer, or the sureties on their bonds, or to the legal
11 representatives, which receipt shall be a discharge from all
12 judgments, claims or demands of the state against such
13 collector of revenue or other officer, or the sureties on
14 their bonds.
15 Section 90. Subsection (4) of section 27.34, Florida
16 Statutes, is amended to read:
17 27.34 Salaries and other related costs of state
18 attorneys' offices; limitations.--
19 (4) Notwithstanding s. 27.25, the Chief Financial
20 Officer Insurance Commissioner may contract with the state
21 attorney of any judicial circuit of the state for the
22 prosecution of criminal violations of the Workers'
23 Compensation Law and related crimes and may contribute funds
24 for such purposes. Such contracts may provide for the
25 training, salary, and expenses of one or more assistant state
26 attorneys used in the prosecution of such crimes.
27 Section 91. Section 27.3455, Florida Statutes, is
28 amended to read:
29 27.3455 Annual statement of certain revenues and
30 expenditures.--
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1 (1) Each county shall submit annually to the Chief
2 Financial Officer Comptroller a statement of revenues and
3 expenditures as set forth in this section in the form and
4 manner prescribed by the Chief Financial Officer Comptroller
5 in consultation with the Legislative Committee on
6 Intergovernmental Relations, provided that such statement
7 identify total county expenditures on:
8 (a) Medical examiner services.
9 (b) County victim witness programs.
10 (c) Each of the services outlined in ss. 27.34(2) and
11 27.54(3).
12 (d) Appellate filing fees in criminal cases in which
13 an indigent defendant appeals a judgment of a county or
14 circuit court to a district court of appeal or the Florida
15 Supreme Court.
16 (e) Other court-related costs of the state attorney
17 and public defender that were paid by the county where such
18 costs were included in a judgment or order rendered by the
19 trial court against the county.
20
21 Such statement also shall identify the revenues provided by s.
22 938.05(1) that were used to meet or reimburse the county for
23 such expenditures.
24 (2)(a) Within 6 months of the close of the local
25 government fiscal year, each county shall submit to the Chief
26 Financial Officer Comptroller a statement of compliance from
27 its independent certified public accountant, engaged pursuant
28 to s. 218.39, that the certified statement of expenditures was
29 in accordance with ss. 27.34(2), 27.54(3), and this section.
30 All discrepancies noted by the independent certified public
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1 accountant shall be included in the statement furnished by the
2 county to the Chief Financial Officer Comptroller.
3 (b) If Should the Chief Financial Officer determines
4 Comptroller determine that additional auditing procedures are
5 appropriate because:
6 1. The county failed to submit timely its annual
7 statement;
8 2. Discrepancies were noted by the independent
9 certified public accountant; or
10 3. The county failed to file before March 31 of each
11 year the certified public accountant statement of compliance,
12 the Chief Financial Officer may Comptroller is hereby
13 authorized to send his or her personnel or to contract for
14 services to bring the county into compliance. The costs
15 incurred by the Chief Financial Officer Comptroller shall be
16 paid promptly by the county upon certification by the Chief
17 Financial Officer Comptroller.
18 (c) Where the Chief Financial Officer Comptroller
19 elects to utilize the services of an independent contractor,
20 such certification by the Chief Financial Officer Comptroller
21 may require the county to make direct payment to a contractor.
22 Any funds owed by a county in such matters shall be recovered
23 pursuant to s. 17.04 or s. 17.041.
24 (3) The priority for the allocation of funds collected
25 pursuant to s. 938.05(1) shall be as follows:
26 (a) Reimbursement to the county for actual county
27 expenditures incurred in providing the state attorney and
28 public defender the services outlined in ss. 27.34(2) and
29 27.54(3), with the exception of office space, utilities, and
30 custodial services.
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1 (b) At the close of the local government fiscal year,
2 funds remaining on deposit in the special trust fund of the
3 county after reimbursements have been made pursuant to
4 paragraph (a) shall be reimbursed to the county for actual
5 county expenditures made in support of the operations and
6 services of medical examiners, including the costs associated
7 with the investigation of state prison inmate deaths. Special
8 county trust fund revenues used to reimburse the county for
9 medical examiner expenditures in any year shall not exceed $1
10 per county resident.
11 (c) At the close of the local government fiscal year,
12 counties establishing or having in existence a comprehensive
13 victim-witness program which meets the standards set by the
14 Crime Victims' Services Office shall be eligible to receive 50
15 percent matching moneys from the balance remaining in the
16 special trust fund after reimbursements have been made
17 pursuant to paragraphs (a) and (b). Special trust fund moneys
18 used in any year to supplement such programs shall not exceed
19 25 cents per county resident.
20 (d) At the close of the local government fiscal year,
21 funds remaining in the special trust fund after reimbursements
22 have been made pursuant to paragraphs (a), (b), and (c) shall
23 be used to reimburse the county for county costs incurred in
24 the provision of office space, utilities, and custodial
25 services to the state attorney and public defender, for county
26 expenditures on appellate filing fees in criminal cases in
27 which an indigent defendant appeals a judgment of a county or
28 circuit court to a district court of appeal or the Florida
29 Supreme Court, and for county expenditures on court-related
30 costs of the state attorney and public defender that were paid
31 by the county, provided that such court-related costs were
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1 included in a judgment or order rendered by the trial court
2 against the county. Where a state attorney or a public
3 defender is provided space in a county-owned facility,
4 responsibility for calculating county costs associated with
5 the provision of such office space, utilities, and custodial
6 services is hereby vested in the Chief Financial Officer
7 Comptroller in consultation with the Legislative Committee on
8 Intergovernmental Relations.
9 (4) At the end of the local government fiscal year,
10 all funds remaining on deposit in the special trust fund after
11 all reimbursements have been made as provided for in
12 subsection (3) shall be forwarded to the Chief Financial
13 Officer Treasurer for deposit in the General Revenue Fund of
14 the state.
15 (5) The Chief Financial Officer Comptroller shall
16 adopt any rules necessary to implement his or her
17 responsibilities pursuant to this section.
18 Section 92. Subsection (2) of section 27.703, Florida
19 Statutes, is amended to read:
20 27.703 Conflict of interest and substitute counsel.--
21 (2) Appointed counsel shall be paid from funds
22 appropriated to the Chief Financial Officer Comptroller. The
23 hourly rate may not exceed $100. However, effective July 1,
24 1999, all appointments of private counsel under this section
25 shall be in accordance with ss. 27.710 and 27.711.
26 Section 93. Subsection (4) of section 27.710, Florida
27 Statutes, is amended to read:
28 27.710 Registry of attorneys applying to represent
29 persons in postconviction capital collateral proceedings;
30 certification of minimum requirements; appointment by trial
31 court.--
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1 (4) Each private attorney who is appointed by the
2 court to represent a capital defendant must enter into a
3 contract with the Chief Financial Officer Comptroller. If the
4 appointed attorney fails to execute the contract within 30
5 days after the date the contract is mailed to the attorney,
6 the executive director of the Commission on Capital Cases
7 shall notify the trial court. The Chief Financial Officer
8 Comptroller shall develop the form of the contract, function
9 as contract manager, and enforce performance of the terms and
10 conditions of the contract. By signing such contract, the
11 attorney certifies that he or she intends to continue the
12 representation under the terms and conditions set forth in the
13 contract until the sentence is reversed, reduced, or carried
14 out or until released by order of the trial court.
15 Section 94. Subsections (3), (4), (5), (6), (7), and
16 (13) of section 27.711, Florida Statutes, are amended to read:
17 27.711 Terms and conditions of appointment of
18 attorneys as counsel in postconviction capital collateral
19 proceedings.--
20 (3) An attorney appointed to represent a capital
21 defendant is entitled to payment of the fees set forth in this
22 section only upon full performance by the attorney of the
23 duties specified in this section and approval of payment by
24 the trial court, and the submission of a payment request by
25 the attorney, subject to the availability of sufficient
26 funding specifically appropriated for this purpose. The Chief
27 Financial Officer Comptroller shall notify the executive
28 director and the court if it appears that sufficient funding
29 has not been specifically appropriated for this purpose to pay
30 any fees which may be incurred. The attorney shall maintain
31 appropriate documentation, including a current and detailed
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1 hourly accounting of time spent representing the capital
2 defendant. The fee and payment schedule in this section is the
3 exclusive means of compensating a court-appointed attorney who
4 represents a capital defendant. When appropriate, a
5 court-appointed attorney must seek further compensation from
6 the Federal Government, as provided in 18 U.S.C. s. 3006A or
7 other federal law, in habeas corpus litigation in the federal
8 courts.
9 (4) Upon approval by the trial court, an attorney
10 appointed to represent a capital defendant under s. 27.710 is
11 entitled to payment of the following fees by the Chief
12 Financial Officer Comptroller:
13 (a) Regardless of the stage of postconviction capital
14 collateral proceedings, the attorney is entitled to $100 per
15 hour, up to a maximum of $2,500, after accepting appointment
16 and filing a notice of appearance.
17 (b) The attorney is entitled to $100 per hour, up to a
18 maximum of $20,000, after timely filing in the trial court the
19 capital defendant's complete original motion for
20 postconviction relief under the Florida Rules of Criminal
21 Procedure. The motion must raise all issues to be addressed by
22 the trial court. However, an attorney is entitled to fees
23 under this paragraph if the court schedules a hearing on a
24 matter that makes the filing of the original motion for
25 postconviction relief unnecessary or if the court otherwise
26 disposes of the case.
27 (c) The attorney is entitled to $100 per hour, up to a
28 maximum of $20,000, after the trial court issues a final order
29 granting or denying the capital defendant's motion for
30 postconviction relief.
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1 (d) The attorney is entitled to $100 per hour, up to a
2 maximum of $20,000, after timely filing in the Supreme Court
3 the capital defendant's brief or briefs that address the trial
4 court's final order granting or denying the capital
5 defendant's motion for postconviction relief and the state
6 petition for writ of habeas corpus.
7 (e) The attorney is entitled to $100 per hour, up to a
8 maximum of $10,000, after the trial court issues an order,
9 pursuant to a remand from the Supreme Court, which directs the
10 trial court to hold further proceedings on the capital
11 defendant's motion for postconviction relief.
12 (f) The attorney is entitled to $100 per hour, up to a
13 maximum of $4,000, after the appeal of the trial court's
14 denial of the capital defendant's motion for postconviction
15 relief and the capital defendant's state petition for writ of
16 habeas corpus become final in the Supreme Court.
17 (g) At the conclusion of the capital defendant's
18 postconviction capital collateral proceedings in state court,
19 the attorney is entitled to $100 per hour, up to a maximum of
20 $2,500, after filing a petition for writ of certiorari in the
21 Supreme Court of the United States.
22 (h) If, at any time, the Supreme Court of the United
23 States accepts for review the capital defendant's collateral
24 challenge of the conviction and sentence of death, the
25 attorney is entitled to $100 per hour, up to a maximum of
26 $5,000. This payment shall be full compensation for
27 representing the capital defendant throughout the certiorari
28 proceedings before the United States Supreme Court.
29
30 The hours billed by a contracting attorney under this
31 subsection may include time devoted to representation of the
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1 defendant by another attorney who is qualified under s. 27.710
2 and who has been designated by the contracting attorney to
3 assist him or her.
4 (5) An attorney who represents a capital defendant may
5 use the services of one or more investigators to assist in
6 representing a capital defendant. Upon approval by the trial
7 court, the attorney is entitled to payment from the Chief
8 Financial Officer Comptroller of $40 per hour, up to a maximum
9 of $15,000, for the purpose of paying for investigative
10 services.
11 (6) An attorney who represents a capital defendant is
12 entitled to a maximum of $15,000 for miscellaneous expenses,
13 such as the costs of preparing transcripts, compensating
14 expert witnesses, and copying documents. Upon approval by the
15 trial court, the attorney is entitled to payment by the Chief
16 Financial Officer Comptroller of up to $15,000 for
17 miscellaneous expenses, except that, if the trial court finds
18 that extraordinary circumstances exist, the attorney is
19 entitled to payment in excess of $15,000.
20 (7) An attorney who is actively representing a capital
21 defendant is entitled to a maximum of $500 per fiscal year for
22 tuition and expenses for continuing legal education that
23 pertains to the representation of capital defendants. Upon
24 approval by the trial court, the attorney is entitled to
25 payment by the Chief Financial Officer Comptroller for
26 expenses for such tuition and continuing legal education.
27 (13) Prior to the filing of a motion for order
28 approving payment of attorney's fees, costs, or related
29 expenses, the assigned counsel shall deliver a copy of his
30 intended billing, together with supporting affidavits and all
31 other necessary documentation, to the Chief Financial
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1 Officer's Comptroller's named contract manager. The contract
2 manager shall have 10 business days from receipt to review the
3 billings, affidavit, and documentation for completeness and
4 compliance with contractual and statutory requirements. If the
5 contract manager objects to any portion of the proposed
6 billing, the objection and reasons therefor shall be
7 communicated to the assigned counsel. The assigned counsel may
8 thereafter file his or her motion for order approving payment
9 of attorney's fees, costs, or related expenses together with
10 supporting affidavits and all other necessary documentation.
11 The motion must specify whether the Chief Financial Officer's
12 Comptroller's contract manager objects to any portion of the
13 billing or the sufficiency of documentation and, if so, the
14 reason therefor. A copy of the motion and attachments shall be
15 served on the Chief Financial Officer's Comptroller's contract
16 manager, who shall have standing to file pleadings and appear
17 before the court to contest any motion for order approving
18 payment. The fact that the Chief Financial Officer's
19 Comptroller's contract manager has not objected to any portion
20 of the billing or to the sufficiency of the documentation is
21 not binding on the court, which retains primary authority and
22 responsibility for determining the reasonableness of all
23 billings for fees, costs, and related expenses, subject to
24 statutory limitations.
25 Section 95. Section 28.235, Florida Statutes, is
26 amended to read:
27 28.235 Advance payments by clerk of circuit
28 court.--The clerk of the circuit court is authorized to make
29 advance payments on behalf of the county for goods and
30 services, including, but not limited to, maintenance
31 agreements and subscriptions, pursuant to rules or procedures
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1 adopted by the Chief Financial Officer Comptroller for advance
2 payments of invoices submitted to agencies of the state.
3 Section 96. Subsections (7) and (23) of section 28.24,
4 Florida Statutes, are amended to read:
5 28.24 Service charges by clerk of the circuit
6 court.--The clerk of the circuit court shall make the
7 following charges for services rendered by the clerk's office
8 in recording documents and instruments and in performing the
9 duties enumerated. However, in those counties where the
10 clerk's office operates as a fiscal unit of the county
11 pursuant to s. 145.022(1), the clerk shall not charge the
12 county for such services.
13
14
15
16
17 Charges
18
19 (7) For making and reporting payrolls of jurors to
20 Chief Financial Officer State Comptroller, per page, per copy
21 ..........................................................5.00
22 (23) For paying of witnesses and making and reporting
23 payroll to Chief Financial Officer State Comptroller, per
24 copy, per page............................................5.00
25 Section 97. Section 30.52, Florida Statutes, is
26 amended to read:
27 30.52 Handling of public funds.--The sheriff shall
28 keep public funds in his or her custody, either in his or her
29 office in an amount not in excess of the burglary, theft, and
30 robbery insurance provided, the cost of which is hereby
31 authorized as an expense of the office, or in a depository in
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1 an amount not in excess of the security provided pursuant to
2 s. 658.60 and the regulations of the Department of Financial
3 Services Banking and Finance. The title of the depository
4 accounts shall include the word "sheriff" and the name of the
5 county, and withdrawals from the accounts shall be made by
6 checks signed by the duly qualified and acting sheriff of the
7 county, or his or her designated deputy or agent.
8 Section 98. Section 40.30, Florida Statutes, is
9 amended to read:
10 40.30 Requisition endorsed by State Courts
11 Administrator or designee.--Upon receipt of such estimate and
12 the requisition from the clerk of the court, the State Courts
13 Administrator or designee shall endorse the amount that he or
14 she may deem necessary for the pay of jurors and witnesses
15 during the quarterly fiscal period and shall submit a request
16 for payment to the Chief Financial Officer Comptroller.
17 Section 99. Section 40.31, Florida Statutes, is
18 amended to read:
19 40.31 State Courts Administrator may apportion
20 appropriation.--If the State Courts Administrator shall have
21 reason to believe that the amount appropriated by the
22 Legislature is insufficient to meet the expenses of jurors and
23 witnesses during the remaining part of the state fiscal year,
24 he or she may apportion the money in the treasury for that
25 purpose among the several counties, basing such apportionment
26 upon the amount expended for the payment of jurors and
27 witnesses in each county during the prior fiscal year. In such
28 case, each county shall be paid by warrant, issued by the
29 Chief Financial Officer Comptroller, only the amount so
30 apportioned to each county, and, when the amount so
31 apportioned is insufficient to pay in full all the jurors and
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1 witnesses during a quarterly fiscal period, the clerk of the
2 court shall apportion the money received pro rata among the
3 jurors and witnesses entitled to pay and shall give to each
4 juror or witness a certificate of the amount of compensation
5 still due, which certificate shall be held by the State Courts
6 Administrator as other demands against the state.
7 Section 100. Section 40.33, Florida Statutes, is
8 amended to read:
9 40.33 Deficiency.--If the compensation of jurors and
10 witnesses during a quarterly fiscal period exceeds the amount
11 estimated by the clerk of the court and therefore is
12 insufficient to pay in full the jurors and witnesses, the
13 clerk of the court shall make a further requisition upon the
14 State Courts Administrator for the amount necessary to pay
15 such default, and the amount required shall be transmitted to
16 the clerk of the court by warrant issued by the Chief
17 Financial Officer Comptroller in the same manner as the
18 original requisition or order.
19 Section 101. Subsection (2) of section 40.34, Florida
20 Statutes, is amended to read:
21 40.34 Clerks to make triplicate payroll.--
22 (2) The form of such payroll shall be prescribed by
23 the Chief Financial Officer Comptroller.
24 Section 102. Section 40.35, Florida Statutes, is
25 amended to read:
26 40.35 Accounting and payment to the State Courts
27 Administrator.--
28 (1) The clerk of the court shall, within 2 weeks after
29 the last day of the quarterly fiscal period, render to the
30 State Courts Administrator a full statement of accounts for
31 moneys received and disbursed under the provisions of this
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1 chapter and refund to the State Courts Administrator any
2 balance in the clerk's hands. If upon audit the State Courts
3 Administrator shall determine a balance due the clerk of the
4 court, the State Courts Administrator shall submit a request
5 for payment to the Chief Financial Officer Comptroller.
6 (2) If a clerk of the court fails to account for and
7 pay over promptly the balance of all moneys paid him or her,
8 the sureties, if any, on a clerk's official bond are liable
9 and responsible for same; and the State Courts Administrator
10 shall report to the Governor and the Chief Financial Officer
11 Comptroller any failure on the part of the clerk of the court
12 to report and faithfully account for any such moneys.
13 Section 103. Paragraph (b) of subsection (5) of
14 section 43.16, Florida Statutes, is amended to read:
15 43.16 Justice Administrative Commission; membership,
16 powers and duties.--
17 (5) The duties of the commission shall include, but
18 not be limited to, the following:
19 (b) Each state attorney and public defender and the
20 Judicial Qualifications Commission shall continue to prepare
21 necessary budgets, vouchers which represent valid claims for
22 reimbursement by the state for authorized expenses, and other
23 things incidental to the proper administrative operation of
24 the office, such as revenue transmittals to the Chief
25 Financial Officer treasurer, automated systems plans, etc.,
26 but will forward same to the commission for recording and
27 submission to the proper state officer. However, when
28 requested by a state attorney or a public defender or the
29 Judicial Qualifications Commission, the commission will either
30 assist in the preparation of budget requests, voucher
31
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1 schedules, and other forms and reports or accomplish the
2 entire project involved.
3 Section 104. Subsections (1), (3), and (4) of section
4 43.19, Florida Statutes, are amended to read:
5 43.19 Money paid into court; unclaimed funds.--
6 (1) In every case in which the right to withdraw money
7 deposited as hereinbefore provided has been adjudicated or is
8 not in dispute and the money has remained so deposited for 5
9 years or more unclaimed by the person, firm, or corporation
10 entitled thereto, on or before December 1 of each year the
11 judge, or one of the judges, of the court shall direct that
12 the money be deposited with the Chief Financial Officer
13 Treasurer to the credit of the State School Fund, to become a
14 part of that fund, subject to the right of the person, firm,
15 or corporation entitled thereto to receive the money as
16 provided in subsection (3).
17 (3) Any person, firm or corporation entitled to any of
18 the money may obtain an order directing the payment of the
19 money to the claimant on written petition to the court from
20 which the money was deposited or its successor, and written
21 notice to the state attorney of the circuit wherein the court
22 is situate, whether or not the court is a circuit court, and
23 proof of right thereto, and the money deposited shall
24 constitute and be a permanent appropriation for payments by
25 the Chief Financial Officer Treasurer of the state in
26 obedience of such orders.
27 (4) All interest and income that accrue from the money
28 while on deposit with the Chief Financial Officer Treasurer to
29 the credit of the State School Fund belong to that fund.
30 Section 105. Subsections (3) and (4) of section
31 48.151, Florida Statutes, are amended to read:
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1 48.151 Service on statutory agents for certain
2 persons.--
3 (3) The Chief Financial Officer Insurance Commissioner
4 and Treasurer or his or her assistant or deputy or another
5 person in charge of the office is the agent for service of
6 process on all insurers applying for authority to transact
7 insurance in this state, all licensed nonresident insurance
8 agents, all nonresident disability insurance agents licensed
9 by the Department of Financial Services Insurance pursuant to
10 s. 626.835, any unauthorized insurer under s. 626.906 or s.
11 626.937, domestic reciprocal insurers, fraternal benefit
12 societies under chapter 632, automobile inspection and
13 warranty associations, ambulance service associations, and
14 persons required to file statements under s. 628.461.
15 (4) The Chief Financial Officer Comptroller is the
16 agent for service of process for any issuer as defined in s.
17 517.021, or any dealer, investment adviser, or associated
18 person registered with the Department of Financial Services
19 Banking and Finance, for any violation of any provision of
20 chapter 517.
21 Section 106. Subsection (1) of section 55.03, Florida
22 Statutes, is amended to read:
23 55.03 Judgments; rate of interest, generally.--
24 (1) On December 1 of each year beginning December 1,
25 1994, the Chief Financial Officer Comptroller of the State of
26 Florida shall set the rate of interest that shall be payable
27 on judgments or decrees for the year beginning January 1 by
28 averaging the discount rate of the Federal Reserve Bank of New
29 York for the preceding year, then adding 500 basis points to
30 the averaged federal discount rate. The Chief Financial
31 Officer Comptroller shall inform the clerk of the courts and
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1 chief judge for each judicial circuit of the rate that has
2 been established for the upcoming year. The initial interest
3 rate established by the Comptroller shall take effect on
4 January 1, 1995, and the interest rate established by the
5 Chief Financial Officer Comptroller in subsequent years shall
6 take effect on January 1 of each following year. Judgments
7 obtained on or after January 1, 1995, shall use the previous
8 statutory rate for time periods before January 1, 1995, for
9 which interest is due and shall apply the rate set by the
10 Chief Financial Officer Comptroller for time periods after
11 January 1, 1995, for which interest is due. Nothing contained
12 herein shall affect a rate of interest established by written
13 contract or obligation.
14 Section 107. Section 57.091, Florida Statutes, is
15 amended to read:
16 57.091 Costs; refunded to counties in certain
17 proceedings relating to state prisoners.--All lawful fees,
18 costs, and expenses hereafter adjudged against, and paid by,
19 any county in all competency proceedings and all criminal
20 prosecutions against state prisoners imprisoned in a state
21 correctional institution, and in all habeas corpus cases
22 brought to test the legality of the imprisonment of state
23 prisoners of such correctional institutions, shall be refunded
24 to the county paying the sum from the General Revenue Fund in
25 the State Treasury in the manner and to the extent herein
26 provided, to wit: between the 1st and 15th of the month next
27 succeeding the month in which the fees, costs, and expenses
28 have been allowed and paid by the county, the clerk of the
29 court shall make requisition on the Department of Corrections
30 for the fees, costs, and expenses so allowed and paid during
31 the preceding month, giving the style of the cases in which
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1 fees, costs, and expenses were incurred and the amount and
2 items of cost in each case; providing a certified copy of the
3 judgment adjudging the fees, costs, and expenses against the
4 county and showing that the amount represented thereby has
5 been approved by the presiding judge, paid by the county, and
6 verified by the clerk; and attaching a certified copy of the
7 bill as approved and allowed by the board of county
8 commissioners of the county. If the Department of Corrections
9 finds the bills legal and adjudged against and paid by the
10 county, the department shall submit a request to the Chief
11 Financial Officer Comptroller to draw a warrant in the amount
12 thereof, or in the amount the department finds legal and
13 adjudged against and paid by the county, in favor of the
14 county paying the fees, costs, and expenses, which shall be
15 paid by the Chief Financial Officer State Treasurer from the
16 general revenue funds of the state.
17 Section 108. Subsections (1), (3), and (4) of section
18 68.083, Florida Statutes, are amended to read:
19 68.083 Civil actions for false claims.--
20 (1) The department may diligently investigate a
21 violation under s. 68.082. If the department finds that a
22 person has violated or is violating s. 68.082, the department
23 may bring a civil action under the Florida False Claims Act
24 against the person. The Department of Financial Services
25 Banking and Finance may bring a civil action under this
26 section if the action arises from an investigation by that
27 department and the Department of Legal Affairs has not filed
28 an action under this act.
29 (3) The complaint shall be identified on its face as a
30 qui tam action and shall be filed in the circuit court of the
31 Second Judicial Circuit, in and for Leon County. Immediately
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1 upon the filing of the complaint, a copy of the complaint and
2 written disclosure of substantially all material evidence and
3 information the person possesses shall be served on the
4 Attorney General, as head of the department, and on the Chief
5 Financial Officer Comptroller, as head of the Department of
6 Financial Services Banking and Finance, by registered mail,
7 return receipt requested. The department, or the Department of
8 Financial Services Banking and Finance under the circumstances
9 specified in subsection (4), may elect to intervene and
10 proceed with the action, on behalf of the state, within 90
11 days after it receives both the complaint and the material
12 evidence and information.
13 (4) If a person brings an action under subsection (2)
14 and the action is based upon the facts underlying a pending
15 investigation by the Department of Financial Services Banking
16 and Finance, the Department of Financial Services Banking and
17 Finance, instead of the department, may take over the action
18 on behalf of the state. In order to take over the action, the
19 Department of Financial Services Banking and Finance must give
20 the department written notification within 20 days after the
21 action is filed that the Department of Financial Services
22 Banking and Finance is conducting an investigation of the
23 facts of the action and that the Department of Financial
24 Services Banking and Finance, instead of the department, will
25 take over the action filed under subsection (2). If the
26 Department of Financial Services Banking and Finance takes
27 over the action under this subsection, the word "department"
28 as used in this act means the Department of Financial Services
29 Banking and Finance, and that department, for purposes of that
30 action, shall have all rights and standing granted the
31 department under this act.
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1 Section 109. Subsections (3) and (6) of section
2 68.084, Florida Statutes, are amended to read:
3 68.084 Rights of the parties in civil actions.--
4 (3) If the department elects not to proceed with the
5 action, the person who initiated the action has the right to
6 conduct the action. If the Attorney General, as head of the
7 department, or the Chief Financial Officer Comptroller, as
8 head of the Department of Financial Services Banking and
9 Finance, so requests, it shall be served, at the requesting
10 department's expense, with copies of all pleadings and motions
11 filed in the action and copies of all deposition transcripts.
12 When a person proceeds with the action, the court, without
13 limiting the rights of the person initiating the action, may
14 nevertheless permit the department to intervene and take over
15 the action on behalf of the state at a later date upon showing
16 of good cause.
17 (6) The Department of Financial Services Banking and
18 Finance, or the department, may intervene on its own behalf as
19 a matter of right.
20 Section 110. Subsection (3) of section 68.087, Florida
21 Statutes, is amended to read:
22 68.087 Exemptions to civil actions.--
23 (3) No court shall have jurisdiction over an action
24 brought under this act based upon the public disclosure of
25 allegations or transactions in a criminal, civil, or
26 administrative hearing; in a legislative, administrative,
27 inspector general, or Auditor General, Chief Financial Officer
28 Comptroller, or Department of Financial Services Banking and
29 Finance report, hearing, audit, or investigation; or from the
30 news media, unless the action is brought by the department, or
31 unless the person bringing the action is an original source of
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1 the information. For purposes of this subsection, the term
2 "original source" means an individual who has direct and
3 independent knowledge of the information on which the
4 allegations are based and has voluntarily provided the
5 information to the department before filing an action under
6 this act based on the information.
7 Section 111. Section 68.092, Florida Statutes, is
8 amended to read:
9 68.092 Deposit of recovered moneys.--All moneys
10 recovered by the Chief Financial Officer Comptroller, as head
11 of the Department of Financial Services Banking and Finance,
12 under s. 68.086(1) in any civil action for violation of the
13 Florida False Claims Act shall be deposited in the
14 Administrative Trust Fund of the Department of Financial
15 Services Banking and Finance.
16 Section 112. Section 77.0305, Florida Statutes, is
17 amended to read:
18 77.0305 Continuing writ of garnishment against salary
19 or wages.--Notwithstanding any other provision of this
20 chapter, if salary or wages are to be garnished to satisfy a
21 judgment, the court shall issue a continuing writ of
22 garnishment to the judgment debtor's employer which provides
23 for the periodic payment of a portion of the salary or wages
24 of the judgment debtor as the salary or wages become due until
25 the judgment is satisfied or until otherwise provided by court
26 order. A debtor's status as an employee of the state or its
27 agencies or political subdivisions does not preclude a
28 judgment creditor's right to garnish the debtor's wages. For
29 the purposes of this section, the state includes the judicial
30 branch and the legislative branch as defined in s. 216.011.
31 The state, for itself and for its agencies and subdivisions,
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1 waives sovereign immunity for the express and limited purpose
2 necessary to carry out this section. The court shall allow
3 the judgment debtor's employer to collect up to $5 against the
4 salary or wages of the judgment debtor to reimburse the
5 employer for administrative costs for the first deduction from
6 the judgment debtor's salary or wages and up to $2 for each
7 deduction thereafter. The funds collected by the state under
8 this section must be deposited in the Department of Financial
9 Services Banking and Finance Administrative Trust Fund for
10 purposes of carrying out this section.
11 Section 113. Section 92.39, Florida Statutes, is
12 amended to read:
13 92.39 Evidence of individual's claim against the state
14 in suits between them.--In suits between the state and
15 individuals, no claim for a credit shall be allowed upon
16 trial, but such as shall appear to have been presented to the
17 Chief Financial Officer Comptroller for his or her the
18 Comptroller's examination, and by him or her disallowed in
19 whole or in part, unless it shall be proved to the
20 satisfaction of the court that the defendant is, at the time
21 of the trial, in possession of vouchers not before in the
22 defendant's power to procure, and that the defendant was
23 prevented from exhibiting a claim for such credit at the Chief
24 Financial Officer's Comptroller's office by unavoidable
25 accident.
26 Section 114. Subsection (4) of section 99.097, Florida
27 Statutes, is amended to read:
28 99.097 Verification of signatures on petitions.--
29 (4) The supervisor shall be paid in advance the sum of
30 10 cents for each signature checked or the actual cost of
31 checking such signature, whichever is less, by the candidate
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1 or, in the case of a petition to have an issue placed on the
2 ballot, by the person or organization submitting the petition.
3 However, if a candidate, person, or organization seeking to
4 have an issue placed upon the ballot cannot pay such charges
5 without imposing an undue burden on personal resources or upon
6 the resources otherwise available to such candidate, person,
7 or organization, such candidate, person, or organization
8 shall, upon written certification of such inability given
9 under oath to the supervisor, be entitled to have the
10 signatures verified at no charge. In the event a candidate,
11 person, or organization submitting a petition to have an issue
12 placed upon the ballot is entitled to have the signatures
13 verified at no charge, the supervisor of elections of each
14 county in which the signatures are verified at no charge shall
15 submit the total number of such signatures checked in the
16 county to the Chief Financial Officer Comptroller no later
17 than December 1 of the general election year, and the Chief
18 Financial Officer Comptroller shall cause such supervisor of
19 elections to be reimbursed from the General Revenue Fund in an
20 amount equal to 10 cents for each name checked or the actual
21 cost of checking such signatures, whichever is less. In no
22 event shall such reimbursement of costs be deemed or applied
23 as extra compensation for the supervisor. Petitions shall be
24 retained by the supervisors for a period of 1 year following
25 the election for which the petitions were circulated.
26 Section 115. Paragraph (a) of subsection (2) of
27 section 101.151, Florida Statutes, is amended to read:
28 101.151 Specifications for ballots.--
29 (2)(a) The ballot shall have headings under which
30 shall appear the names of the offices and names of duly
31 nominated candidates for the respective offices in the
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1 following order: the heading "President and Vice President"
2 and thereunder the names of the candidates for President and
3 Vice President of the United States nominated by the political
4 party that received the highest vote for Governor in the last
5 general election of the Governor in this state. Then shall
6 appear the names of other candidates for President and Vice
7 President of the United States who have been properly
8 nominated. Votes cast for write-in candidates for President
9 and Vice President shall be counted as votes cast for the
10 presidential electors supporting such candidates. Then shall
11 follow the heading "Congressional" and thereunder the offices
12 of United States Senator and Representative in Congress; then
13 the heading "State" and thereunder the offices of Governor and
14 Lieutenant Governor, Secretary of State, Attorney General,
15 Chief Financial Officer Comptroller, Treasurer, Commissioner
16 of Education, Commissioner of Agriculture, state attorney, and
17 public defender, together with the names of the candidates for
18 each office and the title of the office which they seek; then
19 the heading "Legislative" and thereunder the offices of state
20 senator and state representative; then the heading "County"
21 and thereunder clerk of the circuit court, clerk of the county
22 court (when authorized by law), sheriff, property appraiser,
23 tax collector, district superintendent of schools, and
24 supervisor of elections. Thereafter follows: members of the
25 board of county commissioners, and such other county and
26 district offices as are involved in the general election, in
27 the order fixed by the Department of State, followed, in the
28 year of their election, by "Party Offices," and thereunder the
29 offices of state and county party executive committee members.
30 In addition to the names printed on the ballot, a blank space
31 shall be provided under each heading for an office for which a
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1 write-in candidate has qualified. With respect to write-in
2 candidates, if two or more candidates are seeking election to
3 one office, only one blank space shall be provided.
4 Section 116. Subsection (6) of section 103.091,
5 Florida Statutes, is amended to read:
6 103.091 Political parties.--
7 (6)(a)1. In addition to the members provided for in
8 subsection (1), each county executive committee shall include
9 all members of the Legislature who are residents of the county
10 and members of their respective political party and who shall
11 be known as at-large committeemen and committeewomen.
12 (b)2. Each state executive committee shall include, as
13 at-large committeemen and committeewomen, all members of the
14 United States Congress representing the State of Florida who
15 are members of the political party, all statewide elected
16 officials who are members of the party, and the President of
17 the Senate or the Minority Leader in the Senate, and the
18 Speaker of the House of Representatives or the Minority Leader
19 in the House of Representatives, whichever is a member of the
20 political party, and 20 members of the Legislature who are
21 members of the political party. Ten of the legislators shall
22 be appointed with the concurrence of the state chair of the
23 respective party, as follows: five to be appointed by the
24 President of the Senate; five by the Minority Leader in the
25 Senate; five by the Speaker of the House of Representatives;
26 and five by the Minority Leader in the House.
27 (c)3. When a political party allows any member of the
28 state executive committee to have more than one vote per
29 person, other than by proxy, in a matter coming before the
30 state executive committee, the 20 members of the Legislature
31 appointed under paragraph (b) subparagraph 2. shall not be
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1 appointed to the state executive committee and the following
2 elected officials who are members of that political party
3 shall be appointed and shall have the following votes:
4 1.a. Governor: a number equal to 15 percent of votes
5 cast by state executive committeemen and committeewomen;
6 2.b. Lieutenant Governor: a number equal to 5 percent
7 of the votes cast by state executive committeemen and
8 committeewomen;
9 3.c. Each member of the United States Senate
10 representing the state: a number equal to 10 percent of the
11 votes cast by state executive committeemen and committeewomen;
12 4.d. Secretary of State: a number equal to 5 percent
13 of the votes cast by state executive committeemen and
14 committeewomen;
15 5.e. Attorney General: a number equal to 5 percent of
16 the votes cast by state executive committeemen and
17 committeewomen;
18 6.f. Comptroller: a number equal to 5 percent of the
19 votes cast by state executive committeemen and committeewomen;
20 7.g. Treasurer: a number equal to 5 percent of the
21 votes cast by state executive committeemen and committeewomen;
22 8.h. Commissioner of Agriculture: a number equal to 5
23 percent of the votes cast by state executive committeemen and
24 committeewomen;
25 9.i. Commissioner of Education: a number equal to 5
26 percent of the votes cast by state executive committeemen and
27 committeewomen;
28 10.j. President of the Senate: a number equal to 10
29 percent of the votes cast by state executive committeemen and
30 committeewomen;
31
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1 11.k. Minority leader of the Senate: a number equal
2 to 10 percent of the votes cast by state executive
3 committeemen and committeewomen;
4 12.l. Speaker of the House of Representatives: a
5 number equal to 10 percent of the votes cast by state
6 executive committeemen and committeewomen;
7 13.m. Minority leader of the House of Representatives:
8 a number equal to 10 percent of the votes cast by state
9 executive committeemen and committeewomen; and
10 14.n. Each member of the United States House of
11 Representatives representing the state: a number equal to 1
12 percent of the votes cast by state executive committeemen and
13 committeewomen.
14 (d)1.4.a. The governing body of each state executive
15 committee as defined by party rule shall include as at-large
16 committeemen and committeewomen all statewide elected
17 officials who are members of such political party; up to four
18 members of the United States Congress representing the state
19 who are members of such political party and who shall be
20 appointed by the state chair on the basis of geographic
21 representation; the permanent presiding officer selected by
22 the members of each house of the Legislature who are members
23 of such political party; and the minority leader selected by
24 the members of each house of the Legislature who are members
25 of such political party.
26 2.b. All members of the governing body shall have one
27 vote per person.
28 Section 117. Section 107.11, Florida Statutes, is
29 amended to read:
30 107.11 Appropriation for expenses.--For the purpose of
31 defraying the expenses of preparing for, conducting, holding
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1 and declaring the result of the election provided for by this
2 chapter and also for the purpose of defraying the expenses
3 allowed by this chapter for the holding of sessions of the
4 convention as herein provided, to be audited by the Chief
5 Financial Officer Comptroller, there is appropriated out of
6 the General Revenue Fund of the State of Florida a sufficient
7 sum of money for the payment of all amounts necessary to be
8 expended under the terms of this chapter, which sums of money
9 shall be disbursed by the State of Florida pursuant to
10 warrants drawn by the Chief Financial Officer Comptroller upon
11 the Treasurer for the payment of same.
12 Section 118. Paragraph (a) of subsection (2) of
13 section 110.1127, Florida Statutes, is amended to read:
14 110.1127 Employee security checks.--
15 (2)(a) All positions within the Division of Treasury
16 of the Department of Financial Services Insurance are deemed
17 to be positions of special trust or responsibility, and a
18 person may be disqualified for employment in any such position
19 by reason of:
20 1. The conviction or prior conviction of a crime which
21 is reasonably related to the nature of the position sought or
22 held by the individual; or
23 2. The entering of a plea of nolo contendere or, when
24 a jury verdict of guilty is rendered but adjudication of guilt
25 is withheld, with respect to a crime which is reasonably
26 related to the nature of the position sought or held by the
27 individual.
28 Section 119. Subsection (1) of section 110.113,
29 Florida Statutes, is amended to read:
30 110.113 Pay periods for state officers and employees;
31 salary payments by direct deposit.--
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1 (1) The normal pay period for salaries of state
2 officers and employees shall be 1 month. The Department of
3 Financial Services Banking and Finance shall issue either
4 monthly or biweekly salary payments by state warrants or by
5 direct deposit pursuant to s. 17.076 or make semimonthly
6 salary payments by direct deposit pursuant to s. 17.076, as
7 requested by the head of each state agency and approved by the
8 Executive Office of the Governor and the Department of
9 Financial Services Banking and Finance.
10 Section 120. Subsection (1) of section 110.114,
11 Florida Statutes, is amended to read:
12 110.114 Employee wage deductions.--
13 (1) The state or any of its departments, bureaus,
14 commissions, and officers are authorized and permitted, with
15 the concurrence of the Department of Financial Services
16 Banking and Finance, to make deductions from the salary or
17 wage of any employee or employees in such amount as shall be
18 authorized and requested by such employee or employees and for
19 such purpose as shall be authorized and requested by such
20 employee or employees and shall pay such sums so deducted as
21 directed by such employee or employees. The concurrence of
22 the Department of Financial Services Banking and Finance shall
23 not be required for the deduction of a certified bargaining
24 agent's membership dues deductions pursuant to s. 447.303 or
25 any deductions authorized by a collective bargaining
26 agreement.
27 Section 121. Section 110.116, Florida Statutes, is
28 amended to read:
29 110.116 Personnel information system; payroll
30 procedures.--The Department of Management Services shall
31 establish and maintain, in coordination with the payroll
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1 system of the Department of Financial Services Banking and
2 Finance, a complete personnel information system for all
3 authorized and established positions in the state service,
4 with the exception of employees of the Legislature. The
5 specifications shall be developed in conjunction with the
6 payroll system of the Department of Financial Services Banking
7 and Finance and in coordination with the Auditor General. The
8 Department of Financial Services Banking and Finance shall
9 determine that the position occupied by each employee has been
10 authorized and established in accordance with the provisions
11 of s. 216.251. The Department of Management Services shall
12 develop and maintain a position numbering system that will
13 identify each established position, and such information shall
14 be a part of the payroll system of the Department of Financial
15 Services Banking and Finance. With the exception of employees
16 of the Legislature, this system shall include all career
17 service positions and those positions exempted from career
18 service provisions, notwithstanding the funding source of the
19 salary payments, and information regarding persons receiving
20 payments from other sources. Necessary revisions shall be made
21 in the personnel and payroll procedures of the state to avoid
22 duplication insofar as is feasible. A list shall be organized
23 by budget entity to show the employees or vacant positions
24 within each budget entity. This list shall be available to
25 the Speaker of the House of Representatives and the President
26 of the Senate upon request.
27 Section 122. Paragraph (a) of subsection (3) and
28 paragraph (b) of subsection (6) of section 110.1227, Florida
29 Statutes, are amended to read:
30 110.1227 Florida Employee Long-Term-Care Plan Act.--
31
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1 (3) The Department of Management Services and the
2 department shall, in consultation with public employers and
3 employees and representatives from unions and associations
4 representing state, university, local government, and other
5 public employees, establish and supervise the implementation
6 and administration of a self-funded or fully insured
7 long-term-care plan entitled "Florida Employee Long-Term-Care
8 Plan."
9 (a) The Department of Management Services and the
10 department shall, in consultation with the Department of
11 Financial Services Insurance, contract for actuarial,
12 professional-administrator, and other services for the Florida
13 Employee Long-Term-Care Plan.
14 (6) A Florida Employee Long-Term-Care Plan Board of
15 Directors is created, composed of nine members who shall serve
16 2-year terms, to be appointed after May 1, 1999, as follows:
17 (b) The Chief Financial Officer Insurance Commissioner
18 shall appoint an actuary.
19 Section 123. Paragraph (f) of subsection (5) of
20 section 110.1228, Florida Statutes, is amended to read:
21 110.1228 Participation by small counties, small
22 municipalities, and district school boards located in small
23 counties.--
24 (5) If the department determines that a small county,
25 small municipality, or district school board is eligible to
26 enroll, the small county, small municipality, or district
27 school board must agree to the following terms and conditions:
28 (f) If a small county, small municipality, or district
29 school board employer fails to make the payments required by
30 this section to fully reimburse the state, the Department of
31 Revenue or the Department of Financial Services Banking and
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1 Finance shall, upon the request of the Department of
2 Management Services, deduct the amount owed by the employer
3 from any funds not pledged to bond debt service satisfaction
4 that are to be distributed by it to the small county, small
5 municipality, or district school board. The amounts so
6 deducted shall be transferred to the Department of Management
7 Services for further distribution to the trust funds in
8 accordance with this chapter.
9 Section 124. Paragraph (f) of subsection (4) and
10 paragraphs (b) and (c) of subsection (5) of section 110.123,
11 Florida Statutes, are amended to read:
12 110.123 State group insurance program.--
13 (4) PAYMENT OF PREMIUMS; CONTRIBUTION BY STATE;
14 LIMITATION ON ACTIONS TO PAY AND COLLECT PREMIUMS.--
15 (f) Pursuant to the request of each state officer,
16 full-time or part-time state employee, or retiree
17 participating in the state group insurance program, and upon
18 certification of the employing agency approved by the
19 department, the Chief Financial Officer Comptroller shall
20 deduct from the salary or retirement warrant payable to each
21 participant the amount so certified and shall handle such
22 deductions in accordance with rules established by the
23 department.
24 (5) DEPARTMENT POWERS AND DUTIES.--The department is
25 responsible for the administration of the state group
26 insurance program. The department shall initiate and
27 supervise the program as established by this section and shall
28 adopt such rules as are necessary to perform its
29 responsibilities. To implement this program, the department
30 shall, with prior approval by the Legislature:
31
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1 (b) Prepare, in cooperation with the Department of
2 Financial Services Insurance, the specifications necessary to
3 implement the program.
4 (c) Contract on a competitive proposal basis with an
5 insurance carrier or carriers, or professional administrator,
6 determined by the Department of Financial Services Insurance
7 to be fully qualified, financially sound, and capable of
8 meeting all servicing requirements. Alternatively, the
9 department may self-insure any plan or plans contained in the
10 state group insurance program subject to approval based on
11 actuarial soundness by the Department of Financial Services
12 Insurance. The department may contract with an insurance
13 company or professional administrator qualified and approved
14 by the Department of Financial Services Insurance to
15 administer such plan. Before entering into any contract, the
16 department shall advertise for competitive proposals, and such
17 contract shall be let upon the consideration of the benefits
18 provided in relationship to the cost of such benefits. In
19 determining which entity to contract with, the department
20 shall, at a minimum, consider: the entity's previous
21 experience and expertise in administering group insurance
22 programs of the type it proposes to administer; the entity's
23 ability to specifically perform its contractual obligations in
24 this state and other governmental jurisdictions; the entity's
25 anticipated administrative costs and claims experience; the
26 entity's capability to adequately provide service coverage and
27 sufficient number of experienced and qualified personnel in
28 the areas of claims processing, recordkeeping, and
29 underwriting, as determined by the department; the entity's
30 accessibility to state employees and providers; the financial
31 solvency of the entity, using accepted business sector
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1 measures of financial performance. The department may contract
2 for medical services which will improve the health or reduce
3 medical costs for employees who participate in the state group
4 insurance plan.
5
6 Final decisions concerning enrollment, the existence of
7 coverage, or covered benefits under the state group insurance
8 program shall not be delegated or deemed to have been
9 delegated by the department.
10 Section 125. Section 110.125, Florida Statutes, is
11 amended to read:
12 110.125 Administrative costs.--The administrative
13 expenses and costs of operating the personnel program
14 established by this chapter shall be paid by the various
15 agencies of the state government, and each such agency shall
16 include in its budget estimates its pro rata share of such
17 cost as determined by the Department of Management Services.
18 To establish an equitable division of the costs, the amount to
19 be paid by each agency shall be determined in such proportion
20 as the service rendered to each agency bears to the total
21 service rendered under the provisions of this chapter. The
22 amounts paid to the Department of Management Services which
23 are attributable to positions within the Senior Management
24 Service and the Selected Professional Service shall be used
25 for the administration of such services, training activities
26 for positions within those services, and the development and
27 implementation of a database of pertinent historical
28 information on exempt positions. Should any state agency
29 become more than 90 days delinquent in payment of this
30 obligation, the department shall certify to the Chief
31 Financial Officer Comptroller the amount due and the Chief
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1 Financial Officer Comptroller shall transfer the amount due to
2 the department from any debtor agency funds available.
3 Section 126. Paragraph (a) of subsection (1) of
4 section 110.181, Florida Statutes, is amended to read:
5 110.181 Florida State Employees' Charitable
6 Campaign.--
7 (1) CREATION AND ORGANIZATION OF CAMPAIGN.--
8 (a) The Department of Management Services shall
9 establish and maintain, in coordination with the payroll
10 system of the Department of Financial Services Banking and
11 Finance, an annual Florida State Employees' Charitable
12 Campaign. Except as provided in subsection (5), this annual
13 fundraising drive is the only authorized charitable
14 fundraising drive directed toward state employees within work
15 areas during work hours, and for which the state will provide
16 payroll deduction.
17 Section 127. Subsection (1) of section 110.2037,
18 Florida Statutes, is amended to read:
19 110.2037 Alternative benefits; tax-sheltered annual
20 leave and sick leave payments and special compensation
21 payments.--
22 (1) The Department of Management Services has
23 authority to adopt tax-sheltered plans under s. 401(a) of the
24 Internal Revenue Code for state employees who are eligible for
25 payment for accumulated leave. The department, upon adoption
26 of the plans, shall contract for a private vendor or vendors
27 to administer the plans. These plans shall be limited to state
28 employees who are over age 55 and who are: eligible for
29 accumulated leave and special compensation payments and
30 separating from employment with 10 years of service in
31 accordance with the Internal Revenue Code, or who are
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1 participating in the Deferred Retirement Option Program on or
2 after July 1, 2001. The plans must provide benefits in a
3 manner that minimizes the tax liability of the state and
4 participants. The plans must be funded by employer
5 contributions of payments for accumulated leave or special
6 compensation payments, or both, as specified by the
7 department. The plans must have received all necessary federal
8 and state approval as required by law, must not adversely
9 impact the qualified status of the Florida Retirement System
10 defined benefit or defined contribution plans or the pretax
11 benefits program, and must comply with the provisions of s.
12 112.65. Adoption of any plan is contingent on: the department
13 receiving appropriate favorable rulings from the Internal
14 Revenue Service; the department negotiating under the
15 provisions of chapter 447, where applicable; and the Chief
16 Financial Officer Comptroller making appropriate changes to
17 the state payroll system. The department's request for
18 proposals by vendors for such plans may require that the
19 vendors provide market-risk or volatility ratings from
20 recognized rating agencies for each of their investment
21 products. The department shall provide for a system of
22 continuous quality assurance oversight to ensure that the
23 program objectives are achieved and that the program is
24 prudently managed.
25 Section 128. Subsection (6) of section 110.205,
26 Florida Statutes, is amended to read:
27 110.205 Career service; exemptions.--
28 (6) EXEMPTION OF CHIEF INSPECTOR OF BOILER SAFETY
29 PROGRAM, DEPARTMENT OF FINANCIAL SERVICES INSURANCE.--In
30 addition to those positions exempted from this part, there is
31 hereby exempted from the Career Service System the chief
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1 inspector of the boiler inspection program of the Department
2 of Financial Services Insurance. The salary range of this
3 position shall be established by the Department of Management
4 Services in accordance with the classification and pay plan
5 established for the Selected Exempt Service.
6 Section 129. Paragraph (b) of subsection (5),
7 paragraph (b) of subsection (7), paragraph (b) of subsection
8 (8), and subsections (9), (11), and (13) of section 112.061,
9 Florida Statutes, are amended to read:
10 112.061 Per diem and travel expenses of public
11 officers, employees, and authorized persons.--
12 (5) COMPUTATION OF TRAVEL TIME FOR REIMBURSEMENT.--For
13 purposes of reimbursement and methods of calculating
14 fractional days of travel, the following principles are
15 prescribed:
16 (b) A traveler shall not be reimbursed on a per diem
17 basis for Class C travel, but shall receive subsistence as
18 provided in this section, which allowance for meals shall be
19 based on the following schedule:
20 1. Breakfast--When travel begins before 6 a.m. and
21 extends beyond 8 a.m.
22 2. Lunch--When travel begins before 12 noon and
23 extends beyond 2 p.m.
24 3. Dinner--When travel begins before 6 p.m. and
25 extends beyond 8 p.m., or when travel occurs during nighttime
26 hours due to special assignment.
27
28 No allowance shall be made for meals when travel is confined
29 to the city or town of the official headquarters or immediate
30 vicinity; except assignments of official business outside the
31 traveler's regular place of employment if travel expenses are
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1 approved. The Chief Financial Officer Comptroller shall
2 establish a schedule for processing Class C travel subsistence
3 payments at least on a monthly basis.
4 (7) TRANSPORTATION.--
5 (b) The Department of Financial Services Banking and
6 Finance may provide any form it deems necessary to cover
7 travel requests for traveling on official business and when
8 paid by the state.
9 (8) OTHER EXPENSES.--
10 (b) Other expenses which are not specifically
11 authorized by this section may be approved by the Department
12 of Financial Services Banking and Finance pursuant to rules
13 adopted by it. Expenses approved pursuant to this paragraph
14 shall be reported by the Department of Financial Services
15 Banking and Finance to the Auditor General annually.
16 (9) RULES AND REGULATIONS.--
17 (a) The Department of Financial Services Banking and
18 Finance shall adopt promulgate such rules and regulations,
19 including, but not limited to, the general criteria to be used
20 by a state agency to predetermine justification for attendance
21 by state officers and employees and authorized persons at
22 conventions and conferences, and prescribe such forms as may
23 be necessary to effectuate the purposes of this section. The
24 department may also adopt rules prescribing the proper
25 disposition and use of promotional items and rebates offered
26 by common carriers and other entities in connection with
27 travel at public expense; however, before adopting such rules,
28 the department shall consult with the appropriation committees
29 of the Legislature.
30 (b) Each state agency shall promulgate such additional
31 specific rules and regulations and specific criteria to be
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1 used by it to predetermine justification for attendance by
2 state officers and employees and authorized persons at
3 conventions and conferences, not in conflict with the rules
4 and regulations of the Department of Financial Services
5 Banking and Finance or with the general criteria to be used by
6 a state agency to predetermine justification for attendance by
7 state officers and employees and authorized persons at
8 conventions, as may be necessary to effectuate the purposes of
9 this section.
10 (11) TRAVEL AUTHORIZATION AND VOUCHER FORMS.--
11 (a) Authorization forms.--The Department of Financial
12 Services Banking and Finance shall furnish a uniform travel
13 authorization request form which shall be used by all state
14 officers and employees and authorized persons when requesting
15 approval for the performance of travel to a convention or
16 conference. The form shall include, but not be limited to,
17 provision for the name of each traveler, purpose of travel,
18 period of travel, estimated cost to the state, and a statement
19 of benefits accruing to the state by virtue of such travel. A
20 copy of the program or agenda of the convention or conference,
21 itemizing registration fees and any meals or lodging included
22 in the registration fee, shall be attached to, and filed with,
23 the copy of the travel authorization request form on file with
24 the agency. The form shall be signed by the traveler and by
25 the traveler's supervisor stating that the travel is to be
26 incurred in connection with official business of the state.
27 The head of the agency or his or her designated representative
28 shall not authorize or approve such request in the absence of
29 the appropriate signatures. A copy of the travel authorization
30 form shall be attached to, and become a part of, the support
31 of the agency's copy of the travel voucher.
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1 (b) Voucher forms.--
2 1. The Department of Financial Services Banking and
3 Finance shall furnish a uniform travel voucher form which
4 shall be used by all state officers and employees and
5 authorized persons when submitting travel expense statements
6 for approval and payment. No travel expense statement shall
7 be approved for payment by the Chief Financial Officer
8 Comptroller unless made on the form prescribed and furnished
9 by the department. The travel voucher form shall provide for,
10 among other things, the purpose of the official travel and a
11 certification or affirmation, to be signed by the traveler,
12 indicating the truth and correctness of the claim in every
13 material matter, that the travel expenses were actually
14 incurred by the traveler as necessary in the performance of
15 official duties, that per diem claimed has been appropriately
16 reduced for any meals or lodging included in the convention or
17 conference registration fees claimed by the traveler, and that
18 the voucher conforms in every respect with the requirements of
19 this section. The original copy of the executed uniform
20 travel authorization request form shall be attached to the
21 uniform travel voucher on file with the respective agency.
22 2. Statements for travel expenses incidental to the
23 rendering of medical services for and on behalf of clients of
24 the Department of Health shall be on forms approved by the
25 Department of Financial Services Banking and Finance.
26 (13) DIRECT PAYMENT OF EXPENSES BY AGENCY.--Whenever
27 an agency requires an employee to incur either Class A or
28 Class B travel on emergency notice to the traveler, such
29 traveler may request the agency to pay his or her expenses for
30 meals and lodging directly to the vendor, and the agency may
31 pay the vendor the actual expenses for meals and lodging
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1 during the travel period, limited to an amount not to exceed
2 that authorized pursuant to this section. In emergency
3 situations, the agency head or his or her designee may
4 authorize an increase in the amount paid for a specific meal,
5 provided that the total daily cost of meals does not exceed
6 the total amount authorized for meals each day. The agency
7 head or his or her designee may also grant prior approval for
8 a state agency to make direct payments of travel expenses in
9 other situations that result in cost savings to the state, and
10 such cost savings shall be documented in the voucher submitted
11 to the Chief Financial Officer Comptroller for the direct
12 payment of travel expenses. The provisions of this subsection
13 shall not be deemed to apply to any legislator or to any
14 employee of the Legislature.
15 Section 130. Subsections (2), (5), and (6) of section
16 112.08, Florida Statutes, are amended to read:
17 112.08 Group insurance for public officers, employees,
18 and certain volunteers; physical examinations.--
19 (2)(a) Every local governmental unit is authorized to
20 provide and pay out of its available funds for all or part of
21 the premium for life, health, accident, hospitalization, legal
22 expense, or annuity insurance, or all or any kinds of such
23 insurance, for the officers and employees of the local
24 governmental unit and for health, accident, hospitalization,
25 and legal expense insurance for the dependents of such
26 officers and employees upon a group insurance plan and, to
27 that end, to enter into contracts with insurance companies or
28 professional administrators to provide such insurance. Before
29 entering any contract for insurance, the local governmental
30 unit shall advertise for competitive bids; and such contract
31 shall be let upon the basis of such bids. If a contracting
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1 health insurance provider becomes financially impaired as
2 determined by the Department of Financial Services Insurance
3 or otherwise fails or refuses to provide the contracted-for
4 coverage or coverages, the local government may purchase
5 insurance, enter into risk management programs, or contract
6 with third-party administrators and may make such acquisitions
7 by advertising for competitive bids or by direct negotiations
8 and contract. The local governmental unit may undertake
9 simultaneous negotiations with those companies which have
10 submitted reasonable and timely bids and are found by the
11 local governmental unit to be fully qualified and capable of
12 meeting all servicing requirements. Each local governmental
13 unit may self-insure any plan for health, accident, and
14 hospitalization coverage or enter into a risk management
15 consortium to provide such coverage, subject to approval based
16 on actuarial soundness by the Department of Financial Services
17 Insurance; and each shall contract with an insurance company
18 or professional administrator qualified and approved by the
19 Department of Financial Services Insurance to administer such
20 a plan.
21 (b) In order to obtain approval from the Department of
22 Financial Services Insurance of any self-insured plan for
23 health, accident, and hospitalization coverage, each local
24 governmental unit or consortium shall submit its plan along
25 with a certification as to the actuarial soundness of the
26 plan, which certification is prepared by an actuary who is a
27 member of the Society of Actuaries or the American Academy of
28 Actuaries. The Department of Financial Services Insurance
29 shall not approve the plan unless it determines that the plan
30 is designed to provide sufficient revenues to pay current and
31 future liabilities, as determined according to generally
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1 accepted actuarial principles. After implementation of an
2 approved plan, each local governmental unit or consortium
3 shall annually submit to the Department of Financial Services
4 Insurance a report which includes a statement prepared by an
5 actuary who is a member of the Society of Actuaries or the
6 American Academy of Actuaries as to the actuarial soundness of
7 the plan. The report is due 90 days after the close of the
8 fiscal year of the plan. The report shall consist of, but is
9 not limited to:
10 1. The adequacy of contribution rates in meeting the
11 level of benefits provided and the changes, if any, needed in
12 the contribution rates to achieve or preserve a level of
13 funding deemed adequate to enable payment of the benefit
14 amounts provided under the plan and a valuation of present
15 assets, based on statement value, and prospective assets and
16 liabilities of the plan and the extent of any unfunded accrued
17 liabilities.
18 2. A plan to amortize any unfunded liabilities and a
19 description of actions taken to reduce unfunded liabilities.
20 3. A description and explanation of actuarial
21 assumptions.
22 4. A schedule illustrating the amortization of any
23 unfunded liabilities.
24 5. A comparative review illustrating the level of
25 funds available to the plan from rates, investment income, and
26 other sources realized over the period covered by the report
27 with the assumptions used.
28 6. A statement by the actuary that the report is
29 complete and accurate and that in the actuary's opinion the
30 techniques and assumptions used are reasonable and meet the
31 requirements and intent of this subsection.
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1 7. Other factors or statements as required by the
2 Department of Insurance in order to determine the actuarial
3 soundness of the plan.
4
5 All assumptions used in the report shall be based on
6 recognized actuarial principles acceptable to the Department
7 of Financial Services Insurance. The Department of Financial
8 Services Insurance shall review the report and shall notify
9 the administrator of the plan and each entity participating in
10 the plan, as identified by the administrator, of any actuarial
11 deficiencies. Each local governmental unit is responsible for
12 payment of valid claims of its employees that are not paid
13 within 60 days after receipt by the plan administrator or
14 consortium.
15 (c) Every local governmental unit is authorized to
16 expend funds for preemployment physical examinations and
17 postemployment physical examinations.
18 (5) The Department of Management Services shall
19 initiate and supervise a group insurance program providing
20 death and disability benefits for active members of the
21 Florida Highway Patrol Auxiliary, with coverage beginning July
22 1, 1978, and purchased from state funds appropriated for that
23 purpose. The Department of Management Services, in
24 cooperation with the Department of Financial Services
25 Insurance, shall prepare specifications necessary to implement
26 the program, and the Department of Management Services shall
27 receive bids and award the contract in accordance with general
28 law.
29 (6) The Department of Financial Services Insurance is
30 authorized to adopt rules to carry out the provisions of this
31 section as they pertain to its duties.
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1 Section 131. Paragraph (h) of subsection (2) of
2 section 112.191, Florida Statutes, is amended to read:
3 112.191 Firefighters; death benefits.--
4 (2)
5 (h) The Division of the State Fire Marshal within the
6 Department of Financial Services Insurance is directed to
7 adopt promulgate rules as are necessary to implement the
8 provisions of this section.
9 Section 132. Subsection (4), paragraph (a) of
10 subsection (6), paragraphs (a), (d), (f), and (h) of
11 subsection (8), paragraph (b) of subsection (10), and
12 subsections (11) and (12) of section 112.215, Florida
13 Statutes, are amended to read:
14 112.215 Government employees; deferred compensation
15 program.--
16 (4)(a) The Chief Financial Officer Treasurer, with the
17 approval of the State Board of Administration, shall establish
18 such plan or plans of deferred compensation for state
19 employees, including all such investment vehicles or products
20 incident thereto, as may be available through, or offered by,
21 qualified companies or persons, and may approve one or more
22 such plans for implementation by and on behalf of the state
23 and its agencies and employees.
24 (b) If the Chief Financial Officer Treasurer deems it
25 advisable, he or she shall have the power, with the approval
26 of the State Board of Administration, to create a trust or
27 other special funds for the segregation of funds or assets
28 resulting from compensation deferred at the request of
29 employees of the state or its agencies and for the
30 administration of such program.
31
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1 (c) The Chief Financial Officer Treasurer, with the
2 approval of the State Board of Administration, may delegate
3 responsibility for administration of the plan to a person the
4 Chief Financial Officer Treasurer determines to be qualified,
5 compensate such person, and, directly or through such person
6 or pursuant to a collective bargaining agreement, contract
7 with a private corporation or institution to provide such
8 services as may be part of any such plan or as may be deemed
9 necessary or proper by the Chief Financial Officer Treasurer
10 or such person, including, but not limited to, providing
11 consolidated billing, individual and collective recordkeeping
12 and accountings, asset purchase, control, and safekeeping, and
13 direct disbursement of funds to employees or other
14 beneficiaries. The Chief Financial Officer Treasurer may
15 authorize a person, private corporation, or institution to
16 make direct disbursement of funds under the plan to an
17 employee or other beneficiary only upon the order of the
18 Comptroller to the Treasurer.
19 (d) In accordance with such approved plan, and upon
20 contract or agreement with an eligible employee, deferrals of
21 compensation may be accomplished by payroll deductions made by
22 the appropriate officer or officers of the state, with such
23 funds being thereafter held and administered in accordance
24 with the plan.
25 (6)(a) No deferred compensation plan of the state
26 shall become effective until approved by the State Board of
27 Administration and the Chief Financial Officer Treasurer is
28 satisfied by opinion from such federal agency or agencies as
29 may be deemed necessary that the compensation deferred
30 thereunder and/or the investment products purchased pursuant
31 to the plan will not be included in the employee's taxable
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1 income under federal or state law until it is actually
2 received by such employee under the terms of the plan, and
3 that such compensation will nonetheless be deemed compensation
4 at the time of deferral for the purposes of social security
5 coverage, for the purposes of the state retirement system, and
6 for any other retirement, pension, or benefit program
7 established by law.
8 (8)(a) There is hereby created a Deferred Compensation
9 Advisory Council composed of six seven members.
10 1. One member shall be appointed by the Speaker of the
11 House of Representatives and the President of the Senate
12 jointly and shall be an employee of the legislative branch.
13 2. One member shall be appointed by the Chief Justice
14 of the Supreme Court and shall be an employee of the judicial
15 branch.
16 3. One member shall be appointed by the chair of the
17 Public Employees Relations Commission and shall be a nonexempt
18 public employee.
19 4. The remaining four members shall be employed by the
20 executive branch and shall be appointed as follows:
21 a. One member shall be appointed by the Chancellor of
22 the State University System and shall be an employee of the
23 university system.
24 b. One member shall be appointed by the Chief
25 Financial Officer Treasurer and shall be an employee of the
26 Chief Financial Officer Treasurer.
27 c. One member shall be appointed by the Governor and
28 shall be an employee of the executive branch.
29 d. One member shall be appointed by the Comptroller
30 and shall be an employee of the Comptroller.
31
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1 (d) The council shall meet at the call of its chair,
2 at the request of a majority of its membership, or at the
3 request of the Chief Financial Officer Treasurer, but not less
4 than twice a year. The business of the council shall be
5 presented to the council in the form of an agenda. The agenda
6 shall be set by the Chief Financial Officer Treasurer and
7 shall include items of business requested by the council
8 members.
9 (f) The council shall make a report of each meeting to
10 the Chief Financial Officer Treasurer, which shall show the
11 names of the members present and shall include a record of its
12 discussions, recommendations, and actions taken. The Chief
13 Financial Officer Treasurer shall keep the records of the
14 proceedings of each meeting on file and shall make the records
15 available to any interested person or group.
16 (h) The advisory council shall provide assistance and
17 recommendations to the Chief Financial Officer Treasurer
18 relating to the provisions of the plan, the insurance or
19 investment options to be offered under the plan, and any other
20 contracts or appointments deemed necessary by the council and
21 the Chief Financial Officer Treasurer to carry out the
22 provisions of this act. The Chief Financial Officer Treasurer
23 shall inform the council of the manner in which each council
24 recommendation is being addressed. The Chief Financial
25 Officer Treasurer shall provide the council, at least
26 annually, a report on the status of the deferred compensation
27 program, including, but not limited to, information on
28 participant enrollment, amount of compensation deferred, total
29 plan assets, product provider performance, and participant
30 satisfaction with the program.
31 (10)
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1 (b)1. There is created in the State Treasury the
2 Deferred Compensation Trust Fund, through which the Chief
3 Financial Officer Treasurer as trustee shall hold moneys,
4 pensions, annuities, or other benefits accrued or accruing
5 under and pursuant to 26 U.S.C. s. 457 and the deferred
6 compensation plan provided for therein and adopted by this
7 state; and
8 a. All amounts of compensation deferred thereunder;
9 b. All property and rights purchased with such
10 amounts; and
11 c. All income attributable to such amounts, property,
12 or rights.
13 2. Notwithstanding the mandates of 26 U.S.C. s.
14 457(b)(6), all of the assets specified in subparagraph 1.
15 shall be held in trust for the exclusive benefit of
16 participants and their beneficiaries as mandated by 26 U.S.C.
17 s. 457(g)(1).
18 (11) With respect to any funds held pursuant to a
19 deferred compensation plan, any plan provider which is a bank
20 or savings association and which provides time deposit
21 accounts and certificates of deposit as an investment product
22 to the plan participants may, with the approval of the State
23 Board of Administration for providers in the state plan, or
24 with the approval of the appropriate official or body
25 designated under subsection (5) for a plan of a county,
26 municipality, other political subdivision, or constitutional
27 county officer, be exempt from the provisions of chapter 280
28 requiring it to be a qualified public depository, provided:
29 (a) The bank or savings association shall, to the
30 extent that the time deposit accounts or certificates of
31 deposit are not insured by the Federal Deposit Insurance
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1 Corporation or the Federal Savings and Loan Insurance
2 Corporation, pledge collateral with the Chief Financial
3 Officer Treasurer for all state funds held by it under a
4 deferred compensation plan, or with such other appropriate
5 official for all public funds held by it under a deferred
6 compensation plan of a county, municipality, other political
7 subdivision, or constitutional county officer, in an amount
8 which equals at least 150 percent of all uninsured deferred
9 compensation funds then held.
10 (b) Said collateral shall be of the kind permitted by
11 s. 280.13 and shall be pledged in the manner provided for by
12 the applicable provisions of chapter 280.
13
14 The Chief Financial Officer Treasurer shall have all the
15 applicable powers provided in ss. 280.04, 280.05, and 280.08
16 relating to the sale or other disposition of the pledged
17 collateral.
18 (12) The Chief Financial Officer Treasurer may adopt
19 any rule necessary to administer and implement this act with
20 respect to deferred compensation plans for state employees.
21 Section 133. Paragraph (h) of subsection (4) of
22 section 112.3144, Florida Statutes, is amended to read:
23 112.3144 Full and public disclosure of financial
24 interests.--
25 (4) Forms for compliance with the full and public
26 disclosure requirements of s. 8, Art. II of the State
27 Constitution shall be created by the Commission on Ethics. The
28 commission shall give notice of disclosure deadlines and
29 delinquencies and distribute forms in the following manner:
30 (h) Notwithstanding any provision of chapter 120, any
31 fine imposed under this subsection which is not waived by
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1 final order of the commission and which remains unpaid more
2 than 60 days after the notice of payment due or more than 60
3 days after the commission renders a final order on the appeal
4 must be submitted to the Department of Financial Services
5 Banking and Finance as a claim, debt, or other obligation owed
6 to the state, and the department shall assign the collection
7 of such fine to a collection agent as provided in s. 17.20.
8 Section 134. Paragraph (i) of subsection (6) of
9 section 112.3145, Florida Statutes, is amended to read:
10 112.3145 Disclosure of financial interests and clients
11 represented before agencies.--
12 (6) Forms for compliance with the disclosure
13 requirements of this section and a current list of persons
14 subject to disclosure shall be created by the commission and
15 provided to each supervisor of elections. The commission and
16 each supervisor of elections shall give notice of disclosure
17 deadlines and delinquencies and distribute forms in the
18 following manner:
19 (i) Notwithstanding any provision of chapter 120, any
20 fine imposed under this subsection which is not waived by
21 final order of the commission and which remains unpaid more
22 than 60 days after the notice of payment due or more than 60
23 days after the commission renders a final order on the appeal
24 must be submitted to the Department of Financial Services
25 Banking and Finance as a claim, debt, or other obligation owed
26 to the state, and the department shall assign the collection
27 of such a fine to a collection agent as provided in s. 17.20.
28 Section 135. Paragraph (c) of subsection (9) of
29 section 112.3189, Florida Statutes, is amended to read:
30 112.3189 Investigative procedures upon receipt of
31 whistle-blower information from certain state employees.--
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1 (9)
2 (c) The Chief Inspector General shall transmit any
3 final report under this section, any comments provided by the
4 complainant, and any appropriate comments or recommendations
5 by the Chief Inspector General to the Governor, to the Joint
6 Legislative Auditing Committee, to the investigating agency,
7 and to the Chief Financial Officer Comptroller.
8 Section 136. Paragraph (e) of subsection (3) of
9 section 112.31895, Florida Statutes, is amended to read:
10 112.31895 Investigative procedures in response to
11 prohibited personnel actions.--
12 (3) CORRECTIVE ACTION AND TERMINATION OF
13 INVESTIGATION.--
14 (e)1. The Florida Commission on Human Relations may
15 request an agency or circuit court to order a stay, on such
16 terms as the court requires, of any personnel action for 45
17 days if the Florida Commission on Human Relations determines
18 that reasonable grounds exist to believe that a prohibited
19 personnel action has occurred, is occurring, or is to be
20 taken. The Florida Commission on Human Relations may request
21 that such stay be extended for appropriate periods of time.
22 2. If, in connection with any investigation, the
23 Florida Commission on Human Relations determines that
24 reasonable grounds exist to believe that a prohibited action
25 has occurred, is occurring, or is to be taken which requires
26 corrective action, the Florida Commission on Human Relations
27 shall report the determination together with any findings or
28 recommendations to the agency head and may report that
29 determination and those findings and recommendations to the
30 Governor and the Chief Financial Officer Comptroller. The
31
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1 Florida Commission on Human Relations may include in the
2 report recommendations for corrective action to be taken.
3 3. If, after 20 days, the agency does not implement
4 the recommended action, the Florida Commission on Human
5 Relations shall terminate the investigation and notify the
6 complainant of the right to appeal under subsection (4), or
7 may petition the agency for corrective action under this
8 subsection.
9 4. If the Florida Commission on Human Relations finds,
10 in consultation with the individual subject to the prohibited
11 action, that the agency has implemented the corrective action,
12 the commission shall file such finding with the agency head,
13 together with any written comments that the individual
14 provides, and terminate the investigation.
15 Section 137. Paragraph (f) of subsection (5) of
16 section 112.3215, Florida Statutes, is amended to read:
17 112.3215 Lobbyists before the executive branch or the
18 Constitution Revision Commission; registration and reporting;
19 investigation by commission.--
20 (5)
21 (f) The commission shall provide by rule a procedure
22 by which a lobbyist who fails to timely file a report shall be
23 notified and assessed fines. The rule shall provide for the
24 following:
25 1. Upon determining that the report is late, the
26 person designated to review the timeliness of reports shall
27 immediately notify the lobbyist as to the failure to timely
28 file the report and that a fine is being assessed for each
29 late day. The fine shall be $50 per day per report for each
30 late day up to a maximum of $5,000 per late report.
31
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1 2. Upon receipt of the report, the person designated
2 to review the timeliness of reports shall determine the amount
3 of the fine due based upon the earliest of the following:
4 a. When a report is actually received by the lobbyist
5 registration and reporting office.
6 b. When the report is postmarked.
7 c. When the certificate of mailing is dated.
8 d. When the receipt from an established courier
9 company is dated.
10 3. Such fine shall be paid within 30 days after the
11 notice of payment due is transmitted by the Lobbyist
12 Registration Office, unless appeal is made to the commission.
13 The moneys shall be deposited into the Executive Branch Lobby
14 Registration Trust Fund.
15 4. A fine shall not be assessed against a lobbyist the
16 first time any reports for which the lobbyist is responsible
17 are not timely filed. However, to receive the one-time fine
18 waiver, all reports for which the lobbyist is responsible must
19 be filed within 30 days after the notice that any reports have
20 not been timely filed is transmitted by the Lobbyist
21 Registration Office. A fine shall be assessed for any
22 subsequent late-filed reports.
23 5. Any lobbyist may appeal or dispute a fine, based
24 upon unusual circumstances surrounding the failure to file on
25 the designated due date, and may request and shall be entitled
26 to a hearing before the commission, which shall have the
27 authority to waive the fine in whole or in part for good cause
28 shown. Any such request shall be made within 30 days after
29 the notice of payment due is transmitted by the Lobbyist
30 Registration Office. In such case, the lobbyist shall, within
31 the 30-day period, notify the person designated to review the
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1 timeliness of reports in writing of his or her intention to
2 bring the matter before the commission.
3 6. The person designated to review the timeliness of
4 reports shall notify the commission of the failure of a
5 lobbyist to file a report after notice or of the failure of a
6 lobbyist to pay the fine imposed.
7 7. Notwithstanding any provision of chapter 120, any
8 fine imposed under this subsection that is not waived by final
9 order of the commission and that remains unpaid more than 60
10 days after the notice of payment due or more than 60 days
11 after the commission renders a final order on the lobbyist's
12 appeal shall be collected by the Department of Financial
13 Services Banking and Finance as a claim, debt, or other
14 obligation owed to the state, and the department may assign
15 the collection of such fine to a collection agent as provided
16 in s. 17.20.
17 Section 138. Subsection (4) of section 112.63, Florida
18 Statutes, is amended to read:
19 112.63 Actuarial reports and statements of actuarial
20 impact; review.--
21 (4) Upon receipt, pursuant to subsection (2), of an
22 actuarial report, or upon receipt, pursuant to subsection (3),
23 of a statement of actuarial impact, the Department of
24 Management Services shall acknowledge such receipt, but shall
25 only review and comment on each retirement system's or plan's
26 actuarial valuations at least on a triennial basis. If the
27 department finds that the actuarial valuation is not complete,
28 accurate, or based on reasonable assumptions, or if the
29 department does not receive the actuarial report or statement
30 of actuarial impact, the department shall notify the local
31 government and request appropriate adjustment. If, after a
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1 reasonable period of time, a satisfactory adjustment is not
2 made, the affected local government or the department may
3 petition for a hearing under the provisions of ss. 120.569 and
4 120.57. If the administrative law judge recommends in favor of
5 the department, the department shall perform an actuarial
6 review or prepare the statement of actuarial impact. The cost
7 to the department of performing such actuarial review or
8 preparing such statement shall be charged to the governmental
9 entity of which the employees are covered by the retirement
10 system or plan. If payment of such costs is not received by
11 the department within 60 days after receipt by the
12 governmental entity of the request for payment, the department
13 shall certify to the Chief Financial Officer Comptroller the
14 amount due, and the Chief Financial Officer Comptroller shall
15 pay such amount to the department from any funds payable to
16 the governmental entity of which the employees are covered by
17 the retirement system or plan. If the administrative law
18 judge recommends in favor of the local retirement system and
19 the department performs an actuarial review, the cost to the
20 department of performing the actuarial review shall be paid by
21 the department.
22 Section 139. Section 114.03, Florida Statutes, is
23 amended to read:
24 114.03 Certain executive officers not to absent
25 themselves from the state.--The Secretary of State, Attorney
26 General, Chief Financial Officer Comptroller, Treasurer,
27 Commissioner of Education, and Commissioner of Agriculture
28 shall reside at the capital, and no member of the Cabinet
29 shall absent himself or herself from the state for a period of
30 60 consecutive days or more without the consent of the
31 Governor and a majority of the Cabinet. If a Cabinet officer
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1 should refuse or fail to comply with and observe the
2 requirements of this section, his or her office may be deemed
3 vacant pursuant to paragraph (f) or paragraph (g) of s.
4 114.01(1), as appropriate.
5 Section 140. Section 116.03, Florida Statutes, is
6 amended to read:
7 116.03 Officers to report fees collected.--Each state
8 and county officer who receives all or any part of his or her
9 compensation in fees or commissions, or other remuneration,
10 shall keep a complete report of all fees and commissions, or
11 other remuneration collected, and shall make a report to the
12 Department of Financial Services Banking and Finance of all
13 such fees and commissions, or other remuneration, annually on
14 December 31 of each and every year. Such report shall be made
15 upon forms to be prescribed from time to time by the
16 department, and shall show in detail the source, character and
17 amount of all his or her official expenses and the net amount
18 that the office has paid up to the time of making such report.
19 All officers shall make out, fill in and subscribe and
20 properly forward to the department such reports, and swear to
21 the accuracy and competency of such reports.
22 Section 141. Section 116.04, Florida Statutes, is
23 amended to read:
24 116.04 Failure of officer to make sworn report of
25 fees.--Any officer who shall fail or refuse to make,
26 subscribe, and swear, or to file with the Department of
27 Financial Services Banking and Finance a report of all fees,
28 commissions, or other remuneration collected, as required by
29 law, or if any officer shall knowingly or willfully make false
30 or incomplete reports, or in any report violate any of the
31 provisions of s. 116.03 he or she shall be guilty of a
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1 misdemeanor of the first degree, punishable as provided in s.
2 775.082 or s. 775.083.
3 Section 142. Section 116.05, Florida Statutes, is
4 amended to read:
5 116.05 Examination and publication by Department of
6 Financial Services Banking and Finance.--The Department of
7 Financial Services Banking and Finance shall have examined and
8 verified any of the reports received under s. 116.03 whenever
9 in its judgment the same may be necessary, and the department
10 shall cause the matter and things in each of said reports to
11 be published one time in a newspaper published in the county
12 in which such report originated, in such form as it shall
13 direct, and the expense of such publication shall be paid by
14 the county commissioners of such county.
15 Section 143. Section 116.06, Florida Statutes, is
16 amended to read:
17 116.06 Summary of reports; certain officers not
18 required to report fees.--A summary of all such reports shall
19 be included by the Department of Financial Services Banking
20 and Finance in its annual report to the Governor, except that
21 jurors and notaries public shall not be required to make such
22 reports as provided for in s. 116.03.
23 Section 144. Section 116.14, Florida Statutes, is
24 amended to read:
25 116.14 Receipts required from purchasers of state
26 property.--Upon the sale of any state property by the
27 superintendent and presidents of state institutions as
28 provided by law, they shall take receipt for the same from the
29 purchaser, which receipt shall be forwarded, together with the
30 proceeds of the sale, to the Chief Financial Officer State
31 Treasurer.
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1 Section 145. Paragraph (c) of subsection (15) of
2 section 120.52, Florida Statutes, is amended to read:
3 120.52 Definitions.--As used in this act:
4 (15) "Rule" means each agency statement of general
5 applicability that implements, interprets, or prescribes law
6 or policy or describes the procedure or practice requirements
7 of an agency and includes any form which imposes any
8 requirement or solicits any information not specifically
9 required by statute or by an existing rule. The term also
10 includes the amendment or repeal of a rule. The term does not
11 include:
12 (c) The preparation or modification of:
13 1. Agency budgets.
14 2. Statements, memoranda, or instructions to state
15 agencies issued by the Chief Financial Officer or Comptroller
16 as chief fiscal officer of the state and relating or
17 pertaining to claims for payment submitted by state agencies
18 to the Chief Financial Officer or Comptroller.
19 3. Contractual provisions reached as a result of
20 collective bargaining.
21 4. Memoranda issued by the Executive Office of the
22 Governor relating to information resources management.
23 Section 146. Section 120.80, Florida Statutes, is
24 amended to read:
25 120.80 Exceptions and special requirements;
26 agencies.--
27 (1) DIVISION OF ADMINISTRATIVE
28 HEARINGS.--Notwithstanding s. 120.57(1)(a), a hearing in which
29 the division is a party shall not be conducted by an
30 administrative law judge assigned by the division. An
31
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1 attorney assigned by the Administration Commission shall be
2 the hearing officer.
3 (2) DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
4 (a) Marketing orders under chapter 527, chapter 573,
5 or chapter 601 are not rules.
6 (b) Notwithstanding s. 120.57(1)(a), hearings held by
7 the Department of Agriculture and Consumer Services pursuant
8 to chapter 601 need not be conducted by an administrative law
9 judge assigned by the division.
10 (3) DEPARTMENT OF FINANCIAL SERVICES BANKING AND
11 FINANCE.--
12 (a) Notwithstanding s. 120.60(1), in proceedings for
13 the issuance, denial, renewal, or amendment of a license or
14 approval of a merger pursuant to title XXXVIII:
15 1.a. The Department of Financial Services Banking and
16 Finance shall have published in the Florida Administrative
17 Weekly notice of the application within 21 days after receipt.
18 b. Within 21 days after publication of notice, any
19 person may request a hearing. Failure to request a hearing
20 within 21 days after notice constitutes a waiver of any right
21 to a hearing. The Department of Financial Services Banking and
22 Finance or an applicant may request a hearing at any time
23 prior to the issuance of a final order. Hearings shall be
24 conducted pursuant to ss. 120.569 and 120.57, except that the
25 Department of Financial Services Banking and Finance shall by
26 rule provide for participation by the general public.
27 2. Should a hearing be requested as provided by
28 sub-subparagraph 1.b., the applicant or licensee shall publish
29 at its own cost a notice of the hearing in a newspaper of
30 general circulation in the area affected by the application.
31
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1 The Department of Financial Services Banking and Finance may
2 by rule specify the format and size of the notice.
3 3. Notwithstanding s. 120.60(1), and except as
4 provided in subparagraph 4., every application for license for
5 a new bank, new trust company, new credit union, or new
6 savings and loan association shall be approved or denied
7 within 180 days after receipt of the original application or
8 receipt of the timely requested additional information or
9 correction of errors or omissions. Any application for such a
10 license or for acquisition of such control which is not
11 approved or denied within the 180-day period or within 30 days
12 after conclusion of a public hearing on the application,
13 whichever is later, shall be deemed approved subject to the
14 satisfactory completion of conditions required by statute as a
15 prerequisite to license and approval of insurance of accounts
16 for a new bank, a new savings and loan association, or a new
17 credit union by the appropriate insurer.
18 4. In the case of every application for license to
19 establish a new bank, trust company, or capital stock savings
20 association in which a foreign national proposes to own or
21 control 10 percent or more of any class of voting securities,
22 and in the case of every application by a foreign national for
23 approval to acquire control of a bank, trust company, or
24 capital stock savings association, the Department of Financial
25 Services Banking and Finance shall request that a public
26 hearing be conducted pursuant to ss. 120.569 and 120.57.
27 Notice of such hearing shall be published by the applicant as
28 provided in subparagraph 2. The failure of any such foreign
29 national to appear personally at the hearing shall be grounds
30 for denial of the application. Notwithstanding the provisions
31 of s. 120.60(1) and subparagraph 3., every application
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1 involving a foreign national shall be approved or denied
2 within 1 year after receipt of the original application or any
3 timely requested additional information or the correction of
4 any errors or omissions, or within 30 days after the
5 conclusion of the public hearing on the application, whichever
6 is later.
7 (b) In any application for a license or merger
8 pursuant to title XXXVIII which is referred by the agency to
9 the division for hearing, the administrative law judge shall
10 complete and submit to the agency and to all parties a written
11 report consisting of findings of fact and rulings on
12 evidentiary matters. The agency shall allow each party at
13 least 10 days in which to submit written exceptions to the
14 report.
15 (c) Notwithstanding s. 120.60(1), every application
16 for a certificate of authority as required by s. 624.401 shall
17 be approved or denied within 180 days after receipt of the
18 original application. Any application for a certificate of
19 authority which is not approved or denied within the 180-day
20 period, or within 30 days after conclusion of a public hearing
21 held on the application, shall be deemed approved, subject to
22 the satisfactory completion of conditions required by statute
23 as a prerequisite to licensure.
24 (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL
25 REGULATION.--
26 (a) Business regulation.--The Division of Pari-mutuel
27 Wagering is exempt from the hearing and notice requirements of
28 ss. 120.569 and 120.57(1)(a), but only for stewards, judges,
29 and boards of judges when the hearing is to be held for the
30 purpose of the imposition of fines or suspensions as provided
31 by rules of the Division of Pari-mutuel Wagering, but not for
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1 revocations, and only upon violations of subparagraphs 1.-6.
2 The Division of Pari-mutuel Wagering shall adopt rules
3 establishing alternative procedures, including a hearing upon
4 reasonable notice, for the following violations:
5 1. Horse riding, harness riding, greyhound
6 interference, and jai alai game actions in violation of
7 chapter 550.
8 2. Application and usage of drugs and medication to
9 horses, greyhounds, and jai alai players in violation of
10 chapter 550.
11 3. Maintaining or possessing any device which could be
12 used for the injection or other infusion of a prohibited drug
13 to horses, greyhounds, and jai alai players in violation of
14 chapter 550.
15 4. Suspensions under reciprocity agreements between
16 the Division of Pari-mutuel Wagering and regulatory agencies
17 of other states.
18 5. Assault or other crimes of violence on premises
19 licensed for pari-mutuel wagering.
20 6. Prearranging the outcome of any race or game.
21 (b) Professional regulation.--Notwithstanding s.
22 120.57(1)(a), formal hearings may not be conducted by the
23 Secretary of Business and Professional Regulation or a board
24 or member of a board within the Department of Business and
25 Professional Regulation for matters relating to the regulation
26 of professions, as defined by chapter 455.
27 (5) FLORIDA LAND AND WATER ADJUDICATORY
28 COMMISSION.--Notwithstanding the provisions of s.
29 120.57(1)(a), when the Florida Land and Water Adjudicatory
30 Commission receives a notice of appeal pursuant to s. 380.07,
31 the commission shall notify the division within 60 days after
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1 receipt of the notice of appeal if the commission elects to
2 request the assignment of an administrative law judge.
3 (6) DEPARTMENT OF LAW ENFORCEMENT.--Law enforcement
4 policies and procedures of the Department of Law Enforcement
5 which relate to the following are not rules as defined by this
6 chapter:
7 (a) The collection, management, and dissemination of
8 active criminal intelligence information and active criminal
9 investigative information; management of criminal
10 investigations; and management of undercover investigations
11 and the selection, assignment, and fictitious identity of
12 undercover personnel.
13 (b) The recruitment, management, identity, and
14 remuneration of confidential informants or sources.
15 (c) Surveillance techniques, the selection of
16 surveillance personnel, and electronic surveillance, including
17 court-ordered and consensual interceptions of communication
18 conducted pursuant to chapter 934.
19 (d) The safety and release of hostages.
20 (e) The provision of security and protection to public
21 figures.
22 (f) The protection of witnesses.
23 (7) DEPARTMENT OF CHILDREN AND FAMILY
24 SERVICES.--Notwithstanding s. 120.57(1)(a), hearings conducted
25 within the Department of Children and Family Services in the
26 execution of those social and economic programs administered
27 by the former Division of Family Services of the former
28 Department of Health and Rehabilitative Services prior to the
29 reorganization effected by chapter 75-48, Laws of Florida,
30 need not be conducted by an administrative law judge assigned
31 by the division.
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1 (8) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
2 (a) Drivers' licenses.--
3 1. Notwithstanding s. 120.57(1)(a), hearings regarding
4 drivers' licensing pursuant to chapter 322 need not be
5 conducted by an administrative law judge assigned by the
6 division.
7 2. Notwithstanding s. 120.60(5), cancellation,
8 suspension, or revocation of a driver's license shall be by
9 personal delivery to the licensee or by first-class mail as
10 provided in s. 322.251.
11 (b) Wrecker operators.--Notwithstanding s.
12 120.57(1)(a), hearings held by the Division of the Florida
13 Highway Patrol of the Department of Highway Safety and Motor
14 Vehicles to deny, suspend, or remove a wrecker operator from
15 participating in the wrecker rotation system established by s.
16 321.051 need not be conducted by an administrative law judge
17 assigned by the division. These hearings shall be held by a
18 hearing officer appointed by the director of the Division of
19 the Florida Highway Patrol.
20 (9) DEPARTMENT OF INSURANCE.--Notwithstanding s.
21 120.60(1), every application for a certificate of authority as
22 required by s. 624.401 shall be approved or denied within 180
23 days after receipt of the original application. Any
24 application for a certificate of authority which is not
25 approved or denied within the 180-day period, or within 30
26 days after conclusion of a public hearing held on the
27 application, shall be deemed approved, subject to the
28 satisfactory completion of conditions required by statute as a
29 prerequisite to licensure.
30 (9)(10) DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY.--
31 (a) Unemployment compensation.--
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1 1. Notwithstanding s. 120.54, the rulemaking
2 provisions of this chapter do not apply to unemployment
3 compensation appeals referees.
4 2. Notwithstanding s. 120.57(1)(a), hearings may be
5 conducted by the Unemployment Appeals Commission in
6 unemployment compensation appeals, unemployment compensation
7 appeals referees, and special deputies pursuant to s. 443.141.
8 (b) Workers' compensation.--Notwithstanding s.
9 120.52(1), a judge of compensation claims, in the adjudication
10 of matters pursuant to chapter 440, shall not be considered an
11 agency or part of an agency for the purposes of this chapter.
12 (10)(11) NATIONAL GUARD.--Notwithstanding s.
13 120.52(15), the enlistment, organization, administration,
14 equipment, maintenance, training, and discipline of the
15 militia, National Guard, organized militia, and unorganized
16 militia, as provided by s. 2, Art. X of the State
17 Constitution, are not rules as defined by this chapter.
18 (11)(12) PUBLIC EMPLOYEES RELATIONS COMMISSION.--
19 (a) Notwithstanding s. 120.57(1)(a), hearings within
20 the jurisdiction of the Public Employees Relations Commission
21 need not be conducted by an administrative law judge assigned
22 by the division.
23 (b) Section 120.60 does not apply to certification of
24 employee organizations pursuant to s. 447.307.
25 (12)(13) FLORIDA PUBLIC SERVICE COMMISSION.--
26 (a) Agency statements that relate to cost-recovery
27 clauses, factors, or mechanisms implemented pursuant to
28 chapter 366, relating to public utilities, are exempt from the
29 provisions of s. 120.54(1)(a).
30 (b) Notwithstanding ss. 120.569 and 120.57, a hearing
31 on an objection to proposed action of the Florida Public
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1 Service Commission may only address the issues in dispute.
2 Issues in the proposed action which are not in dispute are
3 deemed stipulated.
4 (c) The Florida Public Service Commission is exempt
5 from the time limitations in s. 120.60(1) when issuing a
6 license.
7 (d) Notwithstanding the provisions of this chapter, in
8 implementing the Telecommunications Act of 1996, Pub. L. No.
9 104-104, the Public Service Commission is authorized to employ
10 procedures consistent with that act.
11 (e) Notwithstanding the provisions of this chapter, s.
12 350.128, or s. 364.381, appellate jurisdiction for Public
13 Service Commission decisions that implement the
14 Telecommunications Act of 1996, Pub. L. No. 104-104, shall be
15 consistent with the provisions of that act.
16 (f) Notwithstanding any provision of this chapter, all
17 public utilities and companies regulated by the Public Service
18 Commission shall be entitled to proceed under the interim rate
19 provisions of chapter 364 or the procedures for interim rates
20 contained in chapter 74-195, Laws of Florida, or as otherwise
21 provided by law.
22 (13)(14) DEPARTMENT OF REVENUE.--
23 (a) Assessments.--An assessment of tax, penalty, or
24 interest by the Department of Revenue is not a final order as
25 defined by this chapter. Assessments by the Department of
26 Revenue shall be deemed final as provided in the statutes and
27 rules governing the assessment and collection of taxes.
28 (b) Taxpayer contest proceedings.--
29 1. In any administrative proceeding brought pursuant
30 to this chapter as authorized by s. 72.011(1), the taxpayer
31 shall be designated the "petitioner" and the Department of
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1 Revenue shall be designated the "respondent," except that for
2 actions contesting an assessment or denial of refund under
3 chapter 207, the Department of Highway Safety and Motor
4 Vehicles shall be designated the "respondent," and for actions
5 contesting an assessment or denial of refund under chapters
6 210, 550, 561, 562, 563, 564, and 565, the Department of
7 Business and Professional Regulation shall be designated the
8 "respondent."
9 2. In any such administrative proceeding, the
10 applicable department's burden of proof, except as otherwise
11 specifically provided by general law, shall be limited to a
12 showing that an assessment has been made against the taxpayer
13 and the factual and legal grounds upon which the applicable
14 department made the assessment.
15 3.a. Prior to filing a petition under this chapter,
16 the taxpayer shall pay to the applicable department the amount
17 of taxes, penalties, and accrued interest assessed by that
18 department which are not being contested by the taxpayer.
19 Failure to pay the uncontested amount shall result in the
20 dismissal of the action and imposition of an additional
21 penalty of 25 percent of the amount taxed.
22 b. The requirements of s. 72.011(2) and (3)(a) are
23 jurisdictional for any action under this chapter to contest an
24 assessment or denial of refund by the Department of Revenue,
25 the Department of Highway Safety and Motor Vehicles, or the
26 Department of Business and Professional Regulation.
27 4. Except as provided in s. 220.719, further
28 collection and enforcement of the contested amount of an
29 assessment for nonpayment or underpayment of any tax,
30 interest, or penalty shall be stayed beginning on the date a
31
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1 petition is filed. Upon entry of a final order, an agency may
2 resume collection and enforcement action.
3 5. The prevailing party, in a proceeding under ss.
4 120.569 and 120.57 authorized by s. 72.011(1), may recover all
5 legal costs incurred in such proceeding, including reasonable
6 attorney's fees, if the losing party fails to raise a
7 justiciable issue of law or fact in its petition or response.
8 6. Upon review pursuant to s. 120.68 of final agency
9 action concerning an assessment of tax, penalty, or interest
10 with respect to a tax imposed under chapter 212, or the denial
11 of a refund of any tax imposed under chapter 212, if the court
12 finds that the Department of Revenue improperly rejected or
13 modified a conclusion of law, the court may award reasonable
14 attorney's fees and reasonable costs of the appeal to the
15 prevailing appellant.
16 (c) Proceedings for administrative child support
17 orders.--Notwithstanding the provisions of s. 120.569 or s.
18 120.57 to the contrary, in proceedings for the establishment
19 of administrative support orders pursuant to s. 409.2563,
20 final orders in cases referred by the Department of Revenue to
21 the Division of Administrative Hearings shall be entered by
22 the division's administrative law judge and transmitted to the
23 Department of Revenue for filing and indexing. The Department
24 of Revenue has the right to seek judicial review of a final
25 order entered by an administrative law judge. Administrative
26 support orders rendered pursuant to s. 409.2563 may be
27 enforced pursuant to s. 120.69 or, alternatively, by any
28 method prescribed by law for the enforcement of judicial
29 support orders, except contempt.
30 (14)(15) DEPARTMENT OF HEALTH.--Notwithstanding s.
31 120.57(1)(a), formal hearings may not be conducted by the
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1 Secretary of Health, the Secretary of Health Care
2 Administration, or a board or member of a board within the
3 Department of Health or the Agency for Health Care
4 Administration for matters relating to the regulation of
5 professions, as defined by chapter 456. Notwithstanding s.
6 120.57(1)(a), hearings conducted within the Department of
7 Health in execution of the Special Supplemental Nutrition
8 Program for Women, Infants, and Children; Child Care Food
9 Program; Children's Medical Services Program; the Brain and
10 Spinal Cord Injury Program; and the exemption from
11 disqualification reviews for certified nurse assistants
12 program need not be conducted by an administrative law judge
13 assigned by the division. The Department of Health may
14 contract with the Department of Children and Family Services
15 for a hearing officer in these matters.
16 (15)(16) DEPARTMENT OF ENVIRONMENTAL
17 PROTECTION.--Notwithstanding the provisions of s.
18 120.54(1)(d), the Department of Environmental Protection, in
19 undertaking rulemaking to establish best available control
20 technology, lowest achievable emissions rate, or case-by-case
21 maximum available control technology for purposes of s.
22 403.08725, shall not adopt the lowest regulatory cost
23 alternative if such adoption would prevent the agency from
24 implementing federal requirements.
25 (16)(17) FLORIDA BUILDING COMMISSION.--
26 (a) Notwithstanding the provisions of s. 120.542, the
27 Florida Building Commission may not accept a petition for
28 waiver or variance and may not grant any waiver or variance
29 from the requirements of the Florida Building Code.
30 (b) The Florida Building Commission shall adopt within
31 the Florida Building Code criteria and procedures for
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1 alternative means of compliance with the code or local
2 amendments thereto, for enforcement by local governments,
3 local enforcement districts, or other entities authorized by
4 law to enforce the Florida Building Code. Appeals from the
5 denial of the use of alternative means shall be heard by the
6 local board, if one exists, and may be appealed to the Florida
7 Building Commission.
8 Section 147. Section 121.0312, Florida Statutes, is
9 amended to read:
10 121.0312 Review; actuarial valuation report;
11 contribution rate determination process.--The Governor, Chief
12 Financial Officer Comptroller, and Attorney General Treasurer,
13 sitting as the Board of Trustees of the State Board of
14 Administration, shall review the actuarial valuation report
15 prepared in accordance with the provisions of this chapter.
16 The board shall review the process by which Florida Retirement
17 System contribution rates are determined and recommend and
18 submit any comments regarding the process to the Legislature.
19 Section 148. Paragraph (e) of subsection (1) of
20 section 121.055, Florida Statutes, is amended to read:
21 121.055 Senior Management Service Class.--There is
22 hereby established a separate class of membership within the
23 Florida Retirement System to be known as the "Senior
24 Management Service Class," which shall become effective
25 February 1, 1987.
26 (1)
27 (e) Effective January 1, 1991, participation in the
28 Senior Management Service Class shall be compulsory for the
29 number of senior managers who have policymaking authority with
30 the State Board of Administration, as determined by the
31 Governor, Chief Financial Officer Treasurer, and Attorney
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1 General Comptroller acting as the State Board of
2 Administration, unless such member elects to participate in
3 the Senior Management Service Optional Annuity Program as
4 established in subsection (6) in lieu of participation in the
5 Senior Management Service Class. Such election shall be made
6 in writing and filed with the division and the personnel
7 officer of the State Board of Administration within 90 days
8 after becoming eligible for membership in the Senior
9 Management Service Class.
10 Section 149. Paragraph (a) of subsection (2) of
11 section 121.061, Florida Statutes, is amended to read:
12 121.061 Funding.--
13 (2)(a) Should any employer other than a state employer
14 fail to make the retirement and social security contributions,
15 both member and employer contributions, required by this
16 chapter, then, upon request by the administrator, the
17 Department of Revenue or the Department of Financial Services
18 Banking and Finance, as the case may be, shall deduct the
19 amount owed by the employer from any funds to be distributed
20 by it to the county, city, special district, or consolidated
21 form of government. The amounts so deducted shall be
22 transferred to the administrator for further distribution to
23 the trust funds in accordance with this chapter.
24 Section 150. Section 121.133, Florida Statutes, is
25 amended to read:
26 121.133 Cancellation of uncashed
27 warrants.--Notwithstanding the provisions of s. 17.26 or s.
28 717.123 to the contrary, effective July 1, 1998, if any state
29 warrant issued by the Chief Financial Officer Comptroller for
30 the payment of retirement benefits from the Florida Retirement
31 System Trust Fund, or any other pension trust fund
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1 administered by the department, is not presented for payment
2 within 1 year after the last day of the month in which it was
3 originally issued, the Chief Financial Officer Comptroller
4 shall cancel the benefit warrant and credit the amount of the
5 warrant to the Florida Retirement System Trust Fund or other
6 pension trust fund administered by the department, as
7 appropriate. The department may provide for issuance of a
8 replacement warrant when deemed appropriate.
9 Section 151. Paragraph (b) of subsection (12) of
10 section 121.4501, Florida Statutes, is amended to read:
11 121.4501 Public Employee Optional Retirement
12 Program.--
13 (12) ADVISORY COMMITTEES TO PROVIDE ADVICE AND
14 ASSISTANCE.--The Investment Advisory Council and the Public
15 Employee Optional Retirement Program Advisory Committee shall
16 assist the board in implementing and administering the Public
17 Employee Optional Retirement Program.
18 (b)1. The Public Employee Optional Retirement Program
19 Advisory Committee shall be composed of seven members. The
20 President of the Senate shall appoint two members, the Speaker
21 of the House of Representatives shall appoint two members, the
22 Governor shall appoint two members one member, the Treasurer
23 shall appoint one member, and the Chief Financial Officer
24 Comptroller shall appoint one member. On January 7, 2003, the
25 term of office of the member appointed by the Treasurer and of
26 the member appointed by the Comptroller expires; and the Chief
27 Financial Officer shall choose one of those members for
28 reappointment for the remainder of the term. The members of
29 the advisory committee shall elect a member as chair. The
30 appointments shall be made by September 1, 2000, and the
31 committee shall meet to organize by October 1, 2000. The
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1 initial appointments shall be for a term of 24 months. Each
2 appointing authority shall fill any vacancy occurring among
3 its appointees for the remainder of the original term.
4 2. The advisory committee shall make recommendations
5 on the selection of the third-party administrator, the
6 education providers, and the investment products and
7 providers. The committee's recommendations on the third-party
8 administrator must be forwarded to the Trustees of the State
9 Board of Administration by January 1, 2001. The
10 recommendations on the education providers must be forwarded
11 to the trustees by April 1, 2001.
12 3. The advisory committee's recommendations and
13 activities shall be guided by the best interests of the
14 employees, considering the interests of employers, and the
15 intent of the Legislature in establishing the Public Employee
16 Optional Retirement Program.
17 4. The staff of the state board and the department
18 shall assist the advisory committee.
19 Section 152. Paragraphs (a) and (b) of subsection (11)
20 of section 125.0104, Florida Statutes, are amended to read:
21 125.0104 Tourist development tax; procedure for
22 levying; authorized uses; referendum; enforcement.--
23 (11) INTEREST PAID ON DISTRIBUTIONS.--
24 (a) Interest shall be paid on undistributed taxes
25 collected and remitted to the Department of Revenue under this
26 section. Such interest shall be included along with the tax
27 proceeds distributed to the counties and shall be paid from
28 moneys transferred from the General Revenue Fund. The
29 department shall calculate the interest for net tax
30 distributions using the average daily rate that was earned by
31 the State Treasury for the preceding calendar quarter and paid
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1 to the General Revenue Fund. This rate shall be certified by
2 the Chief Financial Officer Treasurer to the department by the
3 20th day following the close of each quarter.
4 (b) The interest applicable to taxes collected under
5 this section shall be calculated by multiplying the tax
6 amounts to be distributed times the daily rate times the
7 number of days after the third working day following the date
8 the tax is due and payable pursuant to s. 212.11 until the
9 date the department issues a voucher to request the Chief
10 Financial Officer Comptroller to issue the payment warrant.
11 The warrant shall be issued within 7 days after the request.
12 Section 153. Paragraph (b) of subsection (2) of
13 section 129.201, Florida Statutes, is amended to read:
14 129.201 Budget of supervisor of elections; manner and
15 time of preparation and presentation.--
16 (2)
17 (b) To the extent appropriate, the budget shall be
18 further itemized in conformance with the Uniform Accounting
19 System for Local Units of Government in Florida adopted
20 promulgated by rule of the Chief Financial Officer Comptroller
21 of the state.
22 Section 154. Section 131.05, Florida Statutes, is
23 amended to read:
24 131.05 Disposition of proceeds of sale.--In the event
25 refunding bonds are issued under the provisions of this
26 chapter prior to the date of maturity or option date of the
27 obligations proposed to be refunded, the proceeds of said
28 refunding bonds shall be deposited in a bank or trust company
29 within the state, which depository shall give a surety bond,
30 or other such bonds as are authorized by law to be accepted
31 for securing county and city funds, satisfactory to the
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1 Department of Financial Services Banking and Finance for the
2 full amount of money so deposited, and the funds so deposited
3 shall only be withdrawn with the approval of the department,
4 for the purpose of paying the obligations to refund which said
5 bonds were issued.
6 Section 155. Section 137.09, Florida Statutes, is
7 amended to read:
8 137.09 Justification and approval of bonds.--Each
9 surety upon every bond of any county officer shall make
10 affidavit that he or she is a resident of the county for which
11 the officer is to be commissioned, and that he or she has
12 sufficient visible property therein unencumbered and not
13 exempt from sale under legal process to make good his or her
14 bond. Every such bond shall be approved by the board of
15 county commissioners and by the Department of Financial
16 Services Banking and Finance when they and it are satisfied in
17 their judgment that the same is legal, sufficient, and proper
18 to be approved.
19 Section 156. Section 145.141, Florida Statutes, is
20 amended to read:
21 145.141 Deficiency to be paid by board of county
22 commissioners.--Should any county officer have insufficient
23 revenue from the income of his or her office, after paying
24 office personnel and expenses, to pay his or her total annual
25 salary, the board of county commissioners shall pay any
26 deficiency in salary from the general revenue fund and notify
27 the Department of Financial Services Banking and Finance. The
28 deficiency shall be listed in the comptroller's annual report
29 of county finances and county fee officers.
30 Section 157. Subsections (1) and (2) of section
31 154.02, Florida Statutes, are amended to read:
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1 154.02 County Health Department Trust Fund.--
2 (1) To enable counties to provide public health
3 services and maintain public health equipment and facilities,
4 each county in the state with a population exceeding 100,000,
5 according to the last state census, may levy an annual tax not
6 exceeding 0.5 mill; each county in the state with a population
7 exceeding 40,000 and not exceeding 100,000, according to the
8 last state census, may levy an annual tax not exceeding 1
9 mill; and each county in the state with a population not
10 exceeding 40,000, according to the last state census, may levy
11 an annual tax not exceeding 2 mills, on the dollar on all
12 taxable property in such county, the proceeds of which tax, if
13 so contracted with the state, shall be paid to the Chief
14 Financial Officer Treasurer. However, the board of county
15 commissioners may elect to pay in 12 equal monthly
16 installments. Such funds in the hands of the Chief Financial
17 Officer Treasurer shall be placed in the county health
18 department trust funds of the county by which such funds were
19 raised, and such funds shall be expended by the Department of
20 Health solely for the purpose of carrying out the intent and
21 object of the public health contract.
22 (2) The Chief Financial Officer Treasurer shall
23 maintain a full-time County Health Department Trust Fund which
24 shall contain all state and local funds to be expended by
25 county health departments. Such funds shall be expended by
26 the Department of Health solely for the purposes of carrying
27 out the intent and purpose of this part. Federal funds may be
28 deposited in the trust fund.
29 Section 158. Subsection (1) of section 154.03, Florida
30 Statutes, is amended to read:
31
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1 154.03 Cooperation with Department of Health and
2 United States Government.--
3 (1) The county commissioners of any county may agree
4 with the Department of Health upon the expenditure by the
5 department in such county of any funds allotted for that
6 purpose by the department or received by it for such purposes
7 from private contributions or other sources, and such funds
8 shall be paid to the Chief Financial Officer Treasurer and
9 shall form a part of the full-time county health department
10 trust fund of such county; and such funds shall be expended by
11 the department solely for the purposes of this chapter. The
12 department is further authorized to arrange and agree with the
13 United States Government, through its duly authorized
14 officials, for the allocation and expenditure by the United
15 States of funds of the United States in the study of causes of
16 disease and prevention thereof in such full-time county health
17 departments when and where established by the department under
18 this part.
19 Section 159. Section 154.05, Florida Statutes, is
20 amended to read:
21 154.05 Cooperation and agreements between
22 counties.--Two or more counties may combine in the
23 establishment and maintenance of a single full-time county
24 health department for the counties which combine for that
25 purpose; and, pursuant to such combination or agreement, such
26 counties may cooperate with one another and the Department of
27 Health and contribute to a joint fund in carrying out the
28 purpose and intent of this chapter. The duration and nature
29 of such agreement shall be evidenced by resolutions of the
30 boards of county commissioners of such counties and shall be
31 submitted to and approved by the department. In the event of
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1 any such agreement, a full-time county health department shall
2 be established and maintained by the department in and for the
3 benefit of the counties which have entered into such an
4 agreement; and, in such case, the funds raised by taxation
5 pursuant to this chapter by each such county shall be paid to
6 the Chief Financial Officer Treasurer for the account of the
7 department and shall be known as the full-time county health
8 department trust fund of the counties so cooperating. Such
9 trust funds shall be used and expended by the department for
10 the purposes specified in this chapter in each county which
11 has entered into such agreement. In case such an agreement is
12 entered into between two or more counties, the work
13 contemplated by this chapter shall be done by a single
14 full-time county health department in the counties so
15 cooperating; and the nature, extent, and location of such work
16 shall be under the control and direction of the department.
17 Section 160. Subsection (2) of section 154.06, Florida
18 Statutes, is amended to read:
19 154.06 Fees and services rendered; authority.--
20 (2) All funds collected under this section shall be
21 expended solely for the purpose of providing health services
22 and facilities within the county served by the county health
23 department. Fees collected by county health departments
24 pursuant to department rules shall be deposited with the Chief
25 Financial Officer Treasurer and credited to the County Health
26 Department Trust Fund. Fees collected by the county health
27 department for public health services or personal health
28 services shall be allocated to the state and the county based
29 upon the pro rata share of funding for each such service. The
30 board of county commissioners, if it has so contracted, shall
31 provide for the transmittal of funds collected for its pro
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1 rata share of personal health services or primary care
2 services rendered under the provisions of this section to the
3 State Treasury for credit to the County Health Department
4 Trust Fund, but in any event the proceeds from such fees may
5 only be used to fund county health department services.
6 Section 161. Paragraphs (d) and (e) of subsection (17)
7 of section 154.209, Florida Statutes, are amended to read:
8 154.209 Powers of authority.--The purpose of the
9 authority shall be to assist health facilities in the
10 acquisition, construction, financing, and refinancing of
11 projects in any corporated or unincorporated area within the
12 geographical limits of the local agency. For this purpose,
13 the authority is authorized and empowered:
14 (17) To issue special obligation revenue bonds for the
15 purpose of establishing and maintaining the self-insurance
16 pool and to provide reserve funds in connection therewith,
17 such bonds to be payable from funds available in the pool from
18 time to time or from assessments against participating health
19 facilities for the purpose of providing required contributions
20 to the fund. With respect to the issuance of such bonds or
21 notes the following provisions shall apply:
22 (d) Any self-insurance pool funded pursuant to this
23 section shall maintain excess insurance which provides
24 specific and aggregate limits and a retention level determined
25 in accordance with sound actuarial principles. The Department
26 of Financial Services Insurance may waive this requirement if
27 the fund demonstrates that its operation is and will be
28 actuarially sound without obtaining excess insurance.
29 (e) Prior to the issuance of any bonds pursuant to
30 this section for the purpose of acquiring liability coverage
31 contracts from the self-insurance pool, the Department of
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1 Financial Services Insurance shall certify that excess
2 liability coverage for the health facility is reasonably
3 unobtainable in the amounts provided by such pool or that the
4 liability coverage obtained through acquiring contracts from
5 the self-insurance pool, after taking into account costs of
6 issuance of bonds and any other administrative fees, is less
7 expensive to the health facility than similar commercial
8 coverage then reasonably available.
9 Section 162. Section 154.314, Florida Statutes, is
10 amended to read:
11 154.314 Certification of the State of Florida.--
12 (1) In the event payment for the costs of services
13 rendered by a participating hospital or a regional referral
14 hospital is not received from the responsible county within 90
15 days of receipt of a statement for services rendered to a
16 qualified indigent who is a certified resident of the county,
17 or if the payment is disputed and said payment is not received
18 from the county determined to be responsible within 60 days of
19 the date of exhaustion of all administrative and legal
20 remedies, the hospital shall certify to the Chief Financial
21 Officer Comptroller the amount owed by the county.
22 (2) The Chief Financial Officer Comptroller shall have
23 no longer than 45 days from the date of receiving the
24 hospital's certified notice to forward the amount delinquent
25 to the appropriate hospital from any funds due to the county
26 under any revenue-sharing or tax-sharing fund established by
27 the state, except as otherwise provided by the State
28 Constitution. The Chief Financial Officer Comptroller shall
29 provide the Governor and the fiscal committees in the House of
30 Representatives and the Senate with a quarterly accounting of
31 the amounts certified by hospitals as owed by counties and the
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1 amount paid to hospitals out of any revenue or tax sharing
2 funds due to the county.
3 Section 163. Paragraph (e) of subsection (7) of
4 section 163.01, Florida Statutes, is amended to read:
5 163.01 Florida Interlocal Cooperation Act of 1969.--
6 (7)
7 (e)1. Notwithstanding the provisions of paragraph (c),
8 any separate legal entity, created pursuant to the provisions
9 of this section and controlled by counties or municipalities
10 of this state, the membership of which consists or is to
11 consist only of public agencies of this state, may, for the
12 purpose of financing acquisition of liability coverage
13 contracts from one or more local government liability pools to
14 provide liability coverage for counties, municipalities, or
15 other public agencies of this state, exercise all powers in
16 connection with the authorization, issuance, and sale of
17 bonds. All of the privileges, benefits, powers, and terms of
18 s. 125.01 relating to counties and s. 166.021 relating to
19 municipalities shall be fully applicable to such entity and
20 such entity shall be considered a unit of local government for
21 all of the privileges, benefits, powers, and terms of part I
22 of chapter 159. Bonds issued by such entity shall be deemed
23 issued on behalf of counties, municipalities, or public
24 agencies which enter into loan agreements with such entity as
25 provided in this paragraph. Proceeds of bonds issued by such
26 entity may be loaned to counties, municipalities, or other
27 public agencies of this state, whether or not such counties,
28 municipalities, or other public agencies are also members of
29 the entity issuing the bonds, and such counties,
30 municipalities, or other public agencies may in turn deposit
31
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1 such loan proceeds with a separate local government liability
2 pool for purposes of acquiring liability coverage contracts.
3 2. Counties or municipalities of this state are
4 authorized pursuant to this section, in addition to the
5 authority provided by s. 125.01, part II of chapter 166, and
6 other applicable law, to issue bonds for the purpose of
7 acquiring liability coverage contracts from a local government
8 liability pool. Any individual county or municipality may, by
9 entering into interlocal agreements with other counties,
10 municipalities, or public agencies of this state, issue bonds
11 on behalf of itself and other counties, municipalities, or
12 other public agencies, for purposes of acquiring a liability
13 coverage contract or contracts from a local government
14 liability pool. Counties, municipalities, or other public
15 agencies are also authorized to enter into loan agreements
16 with any entity created pursuant to subparagraph 1., or with
17 any county or municipality issuing bonds pursuant to this
18 subparagraph, for the purpose of obtaining bond proceeds with
19 which to acquire liability coverage contracts from a local
20 government liability pool. No county, municipality, or other
21 public agency shall at any time have more than one loan
22 agreement outstanding for the purpose of obtaining bond
23 proceeds with which to acquire liability coverage contracts
24 from a local government liability pool. Obligations of any
25 county, municipality, or other public agency of this state
26 pursuant to a loan agreement as described above may be
27 validated as provided in chapter 75. Prior to the issuance of
28 any bonds pursuant to subparagraph 1. or this subparagraph for
29 the purpose of acquiring liability coverage contracts from a
30 local government liability pool, the reciprocal insurer or the
31 manager of any self-insurance program shall demonstrate to the
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1 satisfaction of the Department of Financial Services Insurance
2 that excess liability coverage for counties, municipalities,
3 or other public agencies is reasonably unobtainable in the
4 amounts provided by such pool or that the liability coverage
5 obtained through acquiring contracts from a local government
6 liability pool, after taking into account costs of issuance of
7 bonds and any other administrative fees, is less expensive to
8 counties, municipalities, or special districts than similar
9 commercial coverage then reasonably available.
10 3. Any entity created pursuant to this section or any
11 county or municipality may also issue bond anticipation notes,
12 as provided by s. 215.431, in connection with the
13 authorization, issuance, and sale of such bonds. In addition,
14 the governing body of such legal entity or the governing body
15 of such county or municipality may also authorize bonds to be
16 issued and sold from time to time and may delegate, to such
17 officer, official, or agent of such legal entity as the
18 governing body of such legal entity may select, the power to
19 determine the time; manner of sale, public or private;
20 maturities; rate or rates of interest, which may be fixed or
21 may vary at such time or times and in accordance with a
22 specified formula or method of determination; and other terms
23 and conditions as may be deemed appropriate by the officer,
24 official, or agent so designated by the governing body of such
25 legal entity. However, the amounts and maturities of such
26 bonds and the interest rate or rates of such bonds shall be
27 within the limits prescribed by the governing body of such
28 legal entity and its resolution delegating to such officer,
29 official, or agent the power to authorize the issuance and
30 sale of such bonds. Any series of bonds issued pursuant to
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1 this paragraph shall mature no later than 7 years following
2 the date of issuance thereof.
3 4. Bonds issued pursuant to subparagraph 1. may be
4 validated as provided in chapter 75. The complaint in any
5 action to validate such bonds shall be filed only in the
6 Circuit Court for Leon County. The notice required to be
7 published by s. 75.06 shall be published in Leon County and in
8 each county which is an owner of the entity issuing the bonds,
9 or in which a member of the entity is located, and the
10 complaint and order of the circuit court shall be served only
11 on the State Attorney of the Second Judicial Circuit and on
12 the state attorney of each circuit in each county or
13 municipality which is an owner of the entity issuing the bonds
14 or in which a member of the entity is located.
15 5. Bonds issued pursuant to subparagraph 2. may be
16 validated as provided in chapter 75. The complaint in any
17 action to validate such bonds shall be filed in the circuit
18 court of the county or municipality which will issue the
19 bonds. The notice required to be published by s. 75.06 shall
20 be published only in the county where the complaint is filed,
21 and the complaint and order of the circuit court shall be
22 served only on the state attorney of the circuit in the county
23 or municipality which will issue the bonds.
24 6. The participation by any county, municipality, or
25 other public agency of this state in a local government
26 liability pool shall not be deemed a waiver of immunity to the
27 extent of liability coverage, nor shall any contract entered
28 regarding such a local government liability pool be required
29 to contain any provision for waiver.
30 Section 164. Subsections (4), (5), (6), (7), (8), and
31 (9) of section 163.055, Florida Statutes, are amended to read:
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1 163.055 Local Government Financial Technical
2 Assistance Program.--
3 (4) The Chief Financial Officer Comptroller shall
4 enter into contracts with program providers who shall:
5 (a) Be a public agency or private, nonprofit
6 corporation, association, or entity.
7 (b) Use existing resources, services, and information
8 that are available from state or local agencies, universities,
9 or the private sector.
10 (c) Seek and accept funding from any public or private
11 source.
12 (d) Annually submit information to assist the
13 Legislative Committee on Intergovernmental Relations in
14 preparing a performance review that will include an analysis
15 of the effectiveness of the program.
16 (e) Assist municipalities and independent special
17 districts in developing alternative revenue sources.
18 (f) Provide for an annual independent financial audit
19 of the program, if the program receives funding.
20 (g) Provide assistance to municipalities and special
21 districts in the areas of financial management, accounting,
22 investing, budgeting, and debt issuance.
23 (h) Develop a needs assessment to determine where
24 assistance should be targeted, and to establish a priority
25 system to deliver assistance to those jurisdictions most in
26 need through the most economical means available.
27 (i) Provide financial emergency assistance upon
28 direction from the Executive Office of the Governor pursuant
29 to s. 218.503.
30 (5)(a) The Chief Financial Officer Comptroller shall
31 issue a request for proposals to provide assistance to
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1 municipalities and special districts. At the request of the
2 Chief Financial Officer Comptroller, the Legislative Committee
3 on Intergovernmental Relations shall assist in the preparation
4 of the request for proposals.
5 (b) The Chief Financial Officer Comptroller shall
6 review each contract proposal submitted.
7 (c) The Legislative Committee on Intergovernmental
8 Relations shall review each contract proposal and submit to
9 the Chief Financial Officer Comptroller, in writing, advisory
10 comments and recommendations, citing with specificity the
11 reasons for its recommendations.
12 (d) The Chief Financial Officer Comptroller and the
13 Legislative Committee on Intergovernmental Relations shall
14 consider the following factors in reviewing contract
15 proposals:
16 1. The demonstrated capacity of the provider to
17 conduct needs assessments and implement the program as
18 proposed.
19 2. The number of municipalities and special districts
20 to be served under the proposal.
21 3. The cost of the program as specified in a proposed
22 budget.
23 4. The short-term and long-term benefits of the
24 assistance to municipalities and special districts.
25 5. The form and extent to which existing resources,
26 services, and information that are available from state and
27 local agencies, universities, and the private sector will be
28 used by the provider under the contract.
29 (6) A decision of the Chief Financial Officer
30 Comptroller to award a contract under this section is final
31
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1 and shall be in writing with a copy provided to the
2 Legislative Committee on Intergovernmental Relations.
3 (7) The Chief Financial Officer Comptroller may enter
4 into contracts and agreements with other state and local
5 agencies and with any person, association, corporation, or
6 entity other than the program providers, for the purpose of
7 administering this section.
8 (8) The Chief Financial Officer Comptroller shall
9 provide fiscal oversight to ensure that funds expended for the
10 program are used in accordance with the contracts entered into
11 pursuant to subsection (4).
12 (9) The Legislative Committee on Intergovernmental
13 Relations shall annually conduct a performance review of the
14 program. The findings of the review shall be presented in a
15 report submitted to the Governor, the President of the Senate,
16 the Speaker of the House of Representatives, and the Chief
17 Financial Officer Comptroller by January 15 of each year.
18 Section 165. Subsection (6) of section 163.3167,
19 Florida Statutes, is amended to read:
20 163.3167 Scope of act.--
21 (6) When a regional planning agency is required to
22 prepare or amend a comprehensive plan, or element or portion
23 thereof, pursuant to subsections (3) and (4), the regional
24 planning agency and the local government may agree to a method
25 of compensating the regional planning agency for any
26 verifiable, direct costs incurred. If an agreement is not
27 reached within 6 months after the date the regional planning
28 agency assumes planning responsibilities for the local
29 government pursuant to subsections (3) and (4) or by the time
30 the plan or element, or portion thereof, is completed,
31 whichever is earlier, the regional planning agency shall file
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1 invoices for verifiable, direct costs involved with the
2 governing body. Upon the failure of the local government to
3 pay such invoices within 90 days, the regional planning agency
4 may, upon filing proper vouchers with the Chief Financial
5 Officer State Comptroller, request payment by the Chief
6 Financial Officer State Comptroller from unencumbered revenue
7 or other tax sharing funds due such local government from the
8 state for work actually performed, and the Chief Financial
9 Officer State Comptroller shall pay such vouchers; however,
10 the amount of such payment shall not exceed 50 percent of such
11 funds due such local government in any one year.
12 Section 166. Subsection (1) of section 175.101,
13 Florida Statutes, is amended to read:
14 175.101 State excise tax on property insurance
15 premiums authorized; procedure.--For any municipality, special
16 fire control district, chapter plan, local law municipality,
17 local law special fire control district, or local law plan
18 under this chapter:
19 (1) Each municipality or special fire control district
20 in this state described and classified in s. 175.041, having a
21 lawfully established firefighters' pension trust fund or
22 municipal fund or special fire control district fund, by
23 whatever name known, providing pension benefits to
24 firefighters as provided under this chapter, may assess and
25 impose on every insurance company, corporation, or other
26 insurer now engaged in or carrying on, or who shall
27 hereinafter engage in or carry on, the business of property
28 insurance as shown by the records of the Department of
29 Financial Services Insurance an excise tax in addition to any
30 lawful license or excise tax now levied by each of the
31 municipalities or special fire control districts,
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1 respectively, amounting to 1.85 percent of the gross amount of
2 receipts of premiums from policyholders on all premiums
3 collected on property insurance policies covering property
4 within the corporate limits of such municipalities or within
5 the legally defined boundaries of special fire control
6 districts, respectively. Whenever the boundaries of a special
7 fire control district that has lawfully established a
8 firefighters' pension trust fund encompass a portion of the
9 corporate territory of a municipality that has also lawfully
10 established a firefighters' pension trust fund, that portion
11 of the tax receipts attributable to insurance policies
12 covering property situated both within the municipality and
13 the special fire control district shall be given to the fire
14 service provider. The agent shall identify the fire service
15 provider on the property owner's application for insurance.
16 Remaining revenues collected pursuant to this chapter shall be
17 distributed to the municipality or special fire control
18 district according to the location of the insured property.
19 Section 167. Subsection (2) of section 175.121,
20 Florida Statutes, is amended to read:
21 175.121 Department of Revenue and Division of
22 Retirement to keep accounts of deposits; disbursements.--For
23 any municipality or special fire control district having a
24 chapter or local law plan established pursuant to this
25 chapter:
26 (2) The Chief Financial Officer Comptroller shall, on
27 or before July 1 of each year, and at such other times as
28 authorized by the division, draw his or her warrants on the
29 full net amount of money then on deposit in the Police and
30 Firefighters' Premium Tax Trust Fund pursuant to this chapter,
31 specifying the municipalities and special fire control
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1 districts to which the moneys must be paid and the net amount
2 collected for and to be paid to each municipality or special
3 fire control district, respectively, subject to the limitation
4 on disbursement under s. 175.122. The sum payable to each
5 municipality or special fire control district is appropriated
6 annually out of the Police and Firefighters' Premium Tax Trust
7 Fund. The warrants of the Chief Financial Officer Comptroller
8 shall be payable to the respective municipalities and special
9 fire control districts entitled to receive them and shall be
10 remitted annually by the division to the respective
11 municipalities and special fire control districts. In lieu
12 thereof, the municipality or special fire control district may
13 provide authorization to the division for the direct payment
14 of the premium tax to the board of trustees. In order for a
15 municipality or special fire control district and its pension
16 fund to participate in the distribution of premium tax moneys
17 under this chapter, all the provisions shall be complied with
18 annually, including state acceptance pursuant to part VII of
19 chapter 112.
20 Section 168. Section 175.151, Florida Statutes, is
21 amended to read:
22 175.151 Penalty for failure of insurers to comply with
23 this act.--If Should any insurance company, corporation or
24 other insurer fails fail to comply with the provisions of this
25 act, on or before March 1 of each year as herein provided, the
26 certificate of authority issued to said insurance company,
27 corporation or other insurer to transact business in this
28 state may be canceled and revoked by the Department of
29 Financial Services Insurance, and it is unlawful for any such
30 insurance company, corporation, or other insurer to transact
31 business thereafter in this state unless such insurance
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1 company, corporation, or other insurer shall be granted a new
2 certificate of authority to transact any business in this
3 state, in compliance with provisions of law authorizing such
4 certificate of authority to be issued. The division is
5 responsible for notifying the Department of Financial Services
6 Insurance regarding any such failure to comply.
7 Section 169. Subsection (1) of section 185.08, Florida
8 Statutes, is amended to read:
9 185.08 State excise tax on casualty insurance premiums
10 authorized; procedure.--For any municipality, chapter plan,
11 local law municipality, or local law plan under this chapter:
12 (1) Each incorporated municipality in this state
13 described and classified in s. 185.03, as well as each other
14 city or town of this state which on July 31, 1953, had a
15 lawfully established municipal police officers' retirement
16 trust fund or city fund, by whatever name known, providing
17 pension or relief benefits to police officers as provided
18 under this chapter, may assess and impose on every insurance
19 company, corporation, or other insurer now engaged in or
20 carrying on, or who shall hereafter engage in or carry on, the
21 business of casualty insurance as shown by records of the
22 Department of Financial Services Insurance, an excise tax in
23 addition to any lawful license or excise tax now levied by
24 each of the said municipalities, respectively, amounting to
25 .85 percent of the gross amount of receipts of premiums from
26 policyholders on all premiums collected on casualty insurance
27 policies covering property within the corporate limits of such
28 municipalities, respectively.
29 Section 170. Subsection (2) of section 185.10, Florida
30 Statutes, is amended to read:
31
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1 185.10 Department of Revenue and Division of
2 Retirement to keep accounts of deposits; disbursements.--For
3 any municipality having a chapter plan or local law plan under
4 this chapter:
5 (2) The Chief Financial Officer Comptroller shall, on
6 or before July 1 of each year, and at such other times as
7 authorized by the division, draw his or her warrants on the
8 full net amount of money then on deposit pursuant to this
9 chapter in the Police and Firefighters' Premium Tax Trust
10 Fund, specifying the municipalities to which the moneys must
11 be paid and the net amount collected for and to be paid to
12 each municipality, respectively. The sum payable to each
13 municipality is appropriated annually out of the Police and
14 Firefighters' Premium Tax Trust Fund. The warrants of the
15 Chief Financial Officer Comptroller shall be payable to the
16 respective municipalities entitled to receive them and shall
17 be remitted annually by the division to the respective
18 municipalities. In lieu thereof, the municipality may provide
19 authorization to the division for the direct payment of the
20 premium tax to the board of trustees. In order for a
21 municipality and its retirement fund to participate in the
22 distribution of premium tax moneys under this chapter, all the
23 provisions shall be complied with annually, including state
24 acceptance pursuant to part VII of chapter 112.
25 Section 171. Section 185.13, Florida Statutes, is
26 amended to read:
27 185.13 Failure of insurer to comply with chapter;
28 penalty.--If Should any insurance company, corporation or
29 other insurer fails fail to comply with the provisions of this
30 chapter, on or before March 1 in each year as herein provided,
31 the certificate of authority issued to said insurance company,
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1 corporation or other insurer to transact business in this
2 state may be canceled and revoked by the Department of
3 Financial Services Insurance, and it is unlawful for any such
4 insurance company, corporation or other insurer to transact
5 any business thereafter in this state unless such insurance
6 company, corporation or other insurer shall be granted a new
7 certificate of authority to transact business in this state,
8 in compliance with provisions of law authorizing such
9 certificate of authority to be issued. The division shall be
10 responsible for notifying the Department of Financial Services
11 Insurance regarding any such failure to comply.
12 Section 172. Subsections (2), (3), and (5) of section
13 189.4035, Florida Statutes, are amended to read:
14 189.4035 Preparation of official list of special
15 districts.--
16 (2) The official list shall be produced by the
17 department after the department has notified each special
18 district that is currently reporting to the department, the
19 Department of Financial Services Banking and Finance pursuant
20 to s. 218.32, or the Auditor General pursuant to s. 218.39.
21 Upon notification, each special district shall submit, within
22 60 days, its determination of its status. The determination
23 submitted by a special district shall be consistent with the
24 status reported in the most recent local government audit of
25 district activities submitted to the Auditor General pursuant
26 to s. 218.39.
27 (3) The Department of Financial Services Banking and
28 Finance shall provide the department with a list of dependent
29 special districts reporting pursuant to s. 218.32 for
30 inclusion on the official list of special districts.
31
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1 (5) The official list of special districts shall be
2 distributed by the department on October 1 of each year to the
3 President of the Senate, the Speaker of the House of
4 Representatives, the Auditor General, the Department of
5 Revenue, the Department of Financial Services Banking and
6 Finance, the Department of Management Services, the State
7 Board of Administration, counties, municipalities, county
8 property appraisers, tax collectors, and supervisors of
9 elections and to all interested parties who request the list.
10 Section 173. Subsection (1) of section 189.412,
11 Florida Statutes, is amended to read:
12 189.412 Special District Information Program; duties
13 and responsibilities.--The Special District Information
14 Program of the Department of Community Affairs is created and
15 has the following special duties:
16 (1) The collection and maintenance of special district
17 compliance status reports from the Auditor General, the
18 Department of Financial Services Banking and Finance, the
19 Division of Bond Finance of the State Board of Administration,
20 the Department of Management Services, the Department of
21 Revenue, and the Commission on Ethics for the reporting
22 required in ss. 112.3144, 112.3145, 112.3148, 112.3149,
23 112.63, 200.068, 218.32, 218.34, 218.38, 218.39, and 280.17
24 and chapter 121 and from state agencies administering programs
25 that distribute money to special districts. The special
26 district compliance status reports must consist of a list of
27 special districts used in that state agency and a list of
28 which special districts did not comply with the reporting
29 statutorily required by that agency.
30 Section 174. Section 189.427, Florida Statutes, is
31 amended to read:
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1 189.427 Fee schedule; Operating Trust Fund.--The
2 Department of Community Affairs, by rule, shall establish a
3 schedule of fees to pay one-half of the costs incurred by the
4 department in administering this act, except that the fee may
5 not exceed $175 per district per year. The fees collected
6 under this section shall be deposited in the Operating Trust
7 Fund, which shall be administered by the Department of
8 Community Affairs. Any fee rule must consider factors such as
9 the dependent and independent status of the district and
10 district revenues for the most recent fiscal year as reported
11 to the Department of Financial Services Banking and Finance.
12 The department may assess fines of not more than $25, with an
13 aggregate total not to exceed $50, as penalties against
14 special districts that fail to remit required fees to the
15 department. It is the intent of the Legislature that general
16 revenue funds will be made available to the department to pay
17 one-half of the cost of administering this act.
18 Section 175. Subsection (3) of section 190.007,
19 Florida Statutes, is amended to read:
20 190.007 Board of supervisors; general duties.--
21 (3) The board is authorized to select as a depository
22 for its funds any qualified public depository as defined in s.
23 280.02 which meets all the requirements of chapter 280 and has
24 been designated by the Chief Financial Officer Treasurer as a
25 qualified public depository, upon such terms and conditions as
26 to the payment of interest by such depository upon the funds
27 so deposited as the board may deem just and reasonable.
28 Section 176. Subsection (16) of section 191.006,
29 Florida Statutes, is amended to read:
30 191.006 General powers.--The district shall have, and
31 the board may exercise by majority vote, the following powers:
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1 (16) To select as a depository for its funds any
2 qualified public depository as defined in s. 280.02 which
3 meets all the requirements of chapter 280 and has been
4 designated by the Chief Financial Officer State Treasurer as a
5 qualified public depository, upon such terms and conditions as
6 to the payment of interest upon the funds deposited as the
7 board deems just and reasonable.
8 Section 177. Subsection (4) of section 192.091,
9 Florida Statutes, is amended to read:
10 192.091 Commissions of property appraisers and tax
11 collectors.--
12 (4) The commissions for collecting taxes assessed for
13 or levied by the state shall be audited, and allowed, by the
14 Comptroller and shall be paid by the Chief Financial Officer
15 Treasurer as other Comptroller's warrants are paid; and
16 commissions for collecting the county taxes shall be audited
17 and paid by the boards of county commissioners of the several
18 counties of this state. The commissions for collecting all
19 special school district taxes shall be audited by the school
20 board of each respective district and taken out of the funds
21 of the respective special school district under its control
22 and allowed and paid to the tax collectors for collecting such
23 taxes; and the commissions for collecting all other district
24 taxes, whether special or not, shall be audited and paid by
25 the governing board or commission having charge of the
26 financial obligations of such district. All commissions for
27 collecting special tax district taxes shall be paid at the
28 time and in the manner now, or as may hereafter be, provided
29 for the payment of the commissions for the collection of
30 county taxes. All amounts paid as compensation to any tax
31 collector under the provisions of this or any other law shall
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1 be a part of the general income or compensation of such
2 officer for the year in which received, and nothing contained
3 in this section shall be held or construed to affect or
4 increase the maximum salary as now provided by law for any
5 such officer.
6 Section 178. Subsection (3) of section 192.102,
7 Florida Statutes, is amended to read:
8 192.102 Payment of property appraisers' and
9 collectors' commissions.--
10 (3) The Chief Financial Officer Comptroller of the
11 state shall issue to each of the county property appraisers
12 and collectors of taxes, on the first Monday of January,
13 April, July, and October, on demand of such county property
14 appraisers and collectors of taxes after approval by the
15 Department of Revenue, and shall pay, his or her warrant,
16 which shall be paid by the Treasurer of the state, for an
17 amount equal to one-fourth of four-fifths of the total amount
18 of commissions received by such county property appraisers and
19 collectors of taxes or their predecessors in office from the
20 state during and for the preceding year, and the balance of
21 the commissions earned by such county property appraiser and
22 collector of taxes, respectively, during each year, over and
23 above the amount of such installment payments herein provided
24 for, shall be payable when a report of errors and double
25 assessments is approved by the county commissioners and a copy
26 thereof filed with the Department of Revenue.
27 Section 179. Subsection (1) of section 193.092,
28 Florida Statutes, is amended to read:
29 193.092 Assessment of property for back taxes.--
30 (1) When it shall appear that any ad valorem tax might
31 have been lawfully assessed or collected upon any property in
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1 the state, but that such tax was not lawfully assessed or
2 levied, and has not been collected for any year within a
3 period of 3 years next preceding the year in which it is
4 ascertained that such tax has not been assessed, or levied, or
5 collected, then the officers authorized shall make the
6 assessment of taxes upon such property in addition to the
7 assessment of such property for the current year, and shall
8 assess the same separately for such property as may have
9 escaped taxation at and upon the basis of valuation applied to
10 such property for the year or years in which it escaped
11 taxation, noting distinctly the year when such property
12 escaped taxation and such assessment shall have the same force
13 and effect as it would have had if it had been made in the
14 year in which the property shall have escaped taxation, and
15 taxes shall be levied and collected thereon in like manner and
16 together with taxes for the current year in which the
17 assessment is made. But no property shall be assessed for
18 more than 3 years' arrears of taxation, and all property so
19 escaping taxation shall be subject to such taxation to be
20 assessed in whomsoever's hands or possession the same may be
21 found; provided, that the county property appraiser shall not
22 assess any lot or parcel of land certified or sold to the
23 state for any previous years unless such lot or parcel of
24 lands so certified or sold shall be included in the list
25 furnished by the Chief Financial Officer Comptroller to the
26 county property appraiser as provided by law; provided, if
27 real or personal property be assessed for taxes, and because
28 of litigation delay ensues and the assessment be held invalid
29 the taxing authorities, may reassess such property within the
30 time herein provided after the termination of such litigation;
31 provided further, that personal property acquired in good
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1 faith by purchase shall not be subject to assessment for taxes
2 for any time prior to the time of such purchase, but the
3 individual or corporation liable for any such assessment shall
4 continue personally liable for same.
5 Section 180. Section 195.101, Florida Statutes, is
6 amended to read:
7 195.101 Withholding of state funds.--
8 (1) The Department of Revenue is hereby directed to
9 determine each year whether the several counties of this state
10 are assessing the real and tangible personal property within
11 their jurisdiction in accordance with law. If the Department
12 of Revenue determines that any county is assessing property at
13 less than that prescribed by law, the Chief Financial Officer
14 Comptroller shall withhold from such county a portion of any
15 state funds to which the county may be entitled equal to the
16 difference of the amount assessed and the amount required to
17 be assessed by law.
18 (2) The Department of Revenue is hereby directed to
19 determine each year whether the several municipalities of this
20 state are assessing the real and tangible personal property
21 within their jurisdiction in accordance with law. If the
22 Department of Revenue determines that any municipality is
23 assessing property at less than that prescribed by law, the
24 Chief Financial Officer Comptroller shall withhold from such
25 municipality a portion of any state funds to which that
26 municipality may be entitled equal to the difference of the
27 amount assessed and the amount required to be assessed by law.
28 Section 181. Subsection (1) of section 198.29, Florida
29 Statutes, is amended to read:
30 198.29 Refunds of excess tax paid.--
31
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1 (1) Whenever it appears, upon the examination of any
2 return made under this chapter or upon proof submitted to the
3 department by the personal representative, that an amount of
4 estate tax has been paid in excess of the tax legally due
5 under this chapter, the amount of such overpayment, together
6 with any overpayment of interest thereon shall be refunded to
7 the personal representative and paid by upon the warrant of
8 the Chief Financial Officer Comptroller, drawn upon the
9 Treasurer who shall honor and pay the same; such refund shall
10 be made by the department as a matter of course regardless of
11 whether or not the personal representative has filed a written
12 claim therefor, except that upon request of the department,
13 the personal representative shall file with the department a
14 conformed copy of any written claim for refund of federal
15 estate tax which has theretofore been filed with the United
16 States.
17 Section 182. Paragraph (a) of subsection (7) of
18 section 199.232, Florida Statutes, is amended to read:
19 199.232 Powers of department.--
20 (7)(a) If it appears, upon examination of an
21 intangible tax return made under this chapter or upon proof
22 submitted to the department by the taxpayer, that an amount of
23 intangible personal property tax has been paid in excess of
24 the amount due, the department shall refund the amount of the
25 overpayment to the taxpayer by a warrant of the Chief
26 Financial Officer Comptroller, drawn upon the Treasurer. The
27 department shall refund the overpayment without regard to
28 whether the taxpayer has filed a written claim for a refund;
29 however, the department may request that the taxpayer file a
30 statement affirming that the taxpayer made the overpayment.
31
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1 Section 183. Paragraph (a) of subsection (1) of
2 section 203.01, Florida Statutes, is amended to read:
3 203.01 Tax on gross receipts for utility and
4 communications services.--
5 (1)(a)1. Every person that receives payment for any
6 utility service shall report by the last day of each month to
7 the Department of Revenue, under oath of the secretary or some
8 other officer of such person, the total amount of gross
9 receipts derived from business done within this state, or
10 between points within this state, for the preceding month and,
11 at the same time, shall pay into the State Treasury an amount
12 equal to a percentage of such gross receipts at the rate set
13 forth in paragraph (b). Such collections shall be certified
14 by the Chief Financial Officer Comptroller upon the request of
15 the State Board of Education.
16 2. A tax is levied on communications services as
17 defined in s. 202.11(3). Such tax shall be applied to the same
18 services and transactions as are subject to taxation under
19 chapter 202, and to communications services that are subject
20 to the exemption provided in s. 202.125(1). Such tax shall be
21 applied to the sales price of communications services when
22 sold at retail and to the actual cost of operating substitute
23 communications systems, as such terms are defined in s.
24 202.11, shall be due and payable at the same time as the taxes
25 imposed pursuant to chapter 202, and shall be administered and
26 collected pursuant to the provisions of chapter 202.
27 Section 184. Subsection (1) of section 206.46, Florida
28 Statutes, is amended to read:
29 206.46 State Transportation Trust Fund.--
30 (1) All moneys in the State Transportation Trust Fund,
31 which is hereby created, shall be used for transportation
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1 purposes, as provided by law, under the direction of the
2 Department of Transportation, which department may from time
3 to time make requisition on the Chief Financial Officer
4 Comptroller for such funds. Moneys from such fund shall be
5 drawn by the Chief Financial Officer Comptroller by warrant
6 upon the State Treasury pursuant to vouchers and shall be paid
7 in like manner as other state warrants are paid out of the
8 appropriated fund against which the warrants are drawn. All
9 sums of money necessary to provide for the payment of the
10 warrants by the Chief Financial Officer Comptroller drawn upon
11 such fund are appropriated annually out of the fund for the
12 purpose of making such payments from time to time.
13 Section 185. Subsection (4) of section 210.16, Florida
14 Statutes, is amended to read:
15 210.16 Revocation or suspension of permit.--
16 (4) In lieu of the suspension or revocation of
17 permits, the division may impose civil penalties against
18 holders of permits for violations of this part or rules and
19 regulations relating thereto. No civil penalty so imposed
20 shall exceed $1,000 for each offense, and all amounts
21 collected shall be deposited with the Chief Financial Officer
22 State Treasurer to the credit of the General Revenue Fund. If
23 the holder of the permit fails to pay the civil penalty, his
24 or her permit shall be suspended for such period of time as
25 the division may specify.
26 Section 186. Subsection (2) of section 210.20, Florida
27 Statutes, is amended to read:
28 210.20 Employees and assistants; distribution of
29 funds.--
30 (2) As collections are received by the division from
31 such cigarette taxes, it shall pay the same into a trust fund
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1 in the State Treasury designated "Cigarette Tax Collection
2 Trust Fund" which shall be paid and distributed as follows:
3 (a) The division shall from month to month certify to
4 the Chief Financial Officer Comptroller the amount derived
5 from the cigarette tax imposed by s. 210.02, less the service
6 charges provided for in s. 215.20 and less 0.9 percent of the
7 amount derived from the cigarette tax imposed by s. 210.02,
8 which shall be deposited into the Alcoholic Beverage and
9 Tobacco Trust Fund, specifying the amounts to be transferred
10 from the Cigarette Tax Collection Trust Fund and credited on
11 the basis of 2.9 percent of the net collections to the Revenue
12 Sharing Trust Fund for Counties and 29.3 percent of the net
13 collections for the funding of indigent health care to the
14 Public Medical Assistance Trust Fund.
15 (b) Beginning January 1, 1999, and continuing for 10
16 years thereafter, the division shall from month to month
17 certify to the Chief Financial Officer Comptroller the amount
18 derived from the cigarette tax imposed by s. 210.02, less the
19 service charges provided for in s. 215.20 and less 0.9 percent
20 of the amount derived from the cigarette tax imposed by s.
21 210.02 which shall be deposited into the Alcoholic Beverage
22 and Tobacco Trust Fund, specifying an amount equal to 2.59
23 percent of the net collections, and that amount shall be paid
24 to the Board of Directors of the H. Lee Moffitt Cancer Center
25 and Research Institute, established under s. 240.512, by
26 warrant drawn by the Chief Financial Officer Comptroller upon
27 the State Treasury. These funds are hereby appropriated
28 monthly out of the Cigarette Tax Collection Trust Fund, to be
29 used for the purpose of constructing, furnishing, and
30 equipping a cancer research facility at the University of
31 South Florida adjacent to the H. Lee Moffitt Cancer Center and
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1 Research Institute. In fiscal years 1999-2000 and thereafter
2 with the exception of fiscal year 2008-2009, the appropriation
3 to the H. Lee Moffitt Cancer Center and Research Institute
4 authorized by this paragraph shall not be less than the amount
5 which would have been paid to the H. Lee Moffitt Cancer Center
6 and Research Institute for fiscal year 1998-1999 had payments
7 been made for the entire fiscal year rather than for a 6-month
8 period thereof.
9 Section 187. Subsection (4) of section 210.50, Florida
10 Statutes, is amended to read:
11 210.50 Revocation or suspension of license.--
12 (4) In lieu of the suspension or revocation of
13 licenses, the division may impose civil penalties against
14 holders of licenses for violations of this part or rules
15 relating thereto. No civil penalty so imposed shall exceed
16 $1,000 for each offense, and all amounts collected shall be
17 deposited with the Chief Financial Officer State Treasurer to
18 the credit of the General Revenue Fund. If the holder of the
19 license fails to pay the civil penalty, his or her license
20 shall be suspended for such period of time as the division may
21 specify.
22 Section 188. Subsection (1) of section 211.06, Florida
23 Statutes, is amended to read:
24 211.06 Oil and Gas Tax Trust Fund; distribution of tax
25 proceeds.--All taxes, interest, and penalties imposed under
26 this part shall be collected by the department and placed in a
27 special fund designated the "Oil and Gas Tax Trust Fund."
28 (1) There is hereby annually appropriated a sufficient
29 amount from the Oil and Gas Tax Trust Fund for the Chief
30 Financial Officer Comptroller to refund any overpayments that
31 which have been properly approved.
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1 Section 189. Paragraph (d) of subsection (1) of
2 section 211.32, Florida Statutes, is amended to read:
3 211.32 Tax on solid minerals; Land Reclamation Trust
4 Fund; refund for restoration and reclamation.--
5 (1)
6 (d) The Chief Financial Officer Comptroller shall,
7 upon written verification of compliance with paragraph (a),
8 paragraph (b), or paragraph (c) by the Department of
9 Environmental Protection, and upon verification of the cost of
10 the restoration and reclamation program or, if paragraph (c)
11 is elected, the fair market value of the land, grant refunds,
12 to be paid from the Land Reclamation Trust Fund, of the taxes
13 paid under this part, in an amount equal to 100 percent of the
14 costs incurred in complying with paragraph (a) or paragraph
15 (b), or 100 percent of the fair market value of the land
16 transferred in complying with paragraph (c), subject to the
17 following limitations:
18 1. A taxpayer shall not be entitled to refunds in
19 excess of the amount of taxes paid by the taxpayer under this
20 part which are deposited in the Land Reclamation Trust Fund.
21 2. A taxpayer shall not be entitled to the payment of
22 a refund for costs incurred in connection with a particular
23 restoration and reclamation program unless and until the
24 taxpayer is accomplishing the program in reasonable compliance
25 with the criteria established by the Department of
26 Environmental Protection.
27 Section 190. Paragraph (m) of subsection (5) of
28 section 212.08, Florida Statutes, is amended to read:
29 212.08 Sales, rental, use, consumption, distribution,
30 and storage tax; specified exemptions.--The sale at retail,
31 the rental, the use, the consumption, the distribution, and
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1 the storage to be used or consumed in this state of the
2 following are hereby specifically exempt from the tax imposed
3 by this chapter.
4 (5) EXEMPTIONS; ACCOUNT OF USE.--
5 (m) Educational materials purchased by certain child
6 care facilities.--Educational materials, such as glue, paper,
7 paints, crayons, unique craft items, scissors, books, and
8 educational toys, purchased by a child care facility that
9 meets the standards delineated in s. 402.305, is licensed
10 under s. 402.308, holds a current Gold Seal Quality Care
11 designation pursuant to s. 402.281, and provides basic health
12 insurance to all employees are exempt from the taxes imposed
13 by this chapter. For purposes of this paragraph, the term
14 "basic health insurance" shall be defined and promulgated in
15 rules developed jointly by the Department of Children and
16 Family Services, the Agency for Health Care Administration,
17 and the Department of Financial Services Insurance.
18 Section 191. Paragraph (c) of subsection (6) of
19 section 212.12, Florida Statutes, is amended to read:
20 212.12 Dealer's credit for collecting tax; penalties
21 for noncompliance; powers of Department of Revenue in dealing
22 with delinquents; brackets applicable to taxable transactions;
23 records required.--
24 (6)
25 (c)1. If the records of a dealer are adequate but
26 voluminous in nature and substance, the department may sample
27 such records, except for fixed assets, and project the audit
28 findings derived therefrom over the entire audit period to
29 determine the proportion that taxable retail sales bear to
30 total retail sales or the proportion that taxable purchases
31 bear to total purchases. In order to conduct such a sample,
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1 the department must first make a good faith effort to reach an
2 agreement with the dealer, which agreement provides for the
3 means and methods to be used in the sampling process. In the
4 event that no agreement is reached, the dealer is entitled to
5 a review by the executive director.
6 2. For the purposes of sampling pursuant to
7 subparagraph 1., the department shall project any deficiencies
8 and overpayments derived therefrom over the entire audit
9 period. In determining the dealer's compliance, the department
10 shall reduce any tax deficiency as derived from the sample by
11 the amount of any overpayment derived from the sample. In the
12 event the department determines from the sample results that
13 the dealer has a net tax overpayment, the department shall
14 provide the findings of this overpayment to the Chief
15 Financial Officer Comptroller for repayment of funds paid into
16 the State Treasury through error pursuant to s. 215.26.
17 Section 192. Subsection (1) of section 212.20, Florida
18 Statutes, is amended to read:
19 212.20 Funds collected, disposition; additional powers
20 of department; operational expense; refund of taxes
21 adjudicated unconstitutionally collected.--
22 (1) The department shall pay over to the Chief
23 Financial Officer Treasurer of the state all funds received
24 and collected by it under the provisions of this chapter, to
25 be credited to the account of the General Revenue Fund of the
26 state.
27 Section 193. Subsections (4) and (6), paragraph (e) of
28 subsection (7) and subsection (13) of section 213.053, Florida
29 Statutes, are amended to read:
30 213.053 Confidentiality and information sharing.--
31
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1 (4) Nothing contained in this section shall prevent
2 the department from publishing statistics so classified as to
3 prevent the identification of particular accounts, reports,
4 declarations, or returns or prevent the department from
5 disclosing to the Chief Financial Officer Comptroller the
6 names and addresses of those taxpayers who have claimed an
7 exemption pursuant to s. 199.185(1)(i) or a deduction pursuant
8 to s. 220.63(5).
9 (6) Any information received by the Department of
10 Revenue in connection with the administration of taxes,
11 including, but not limited to, information contained in
12 returns, reports, accounts, or declarations filed by persons
13 subject to tax, shall be made available by the department to
14 the Auditor General or his or her authorized agent, the
15 director of the Office of Program Policy Analysis and
16 Government Accountability or his or her authorized agent, the
17 Chief Financial Officer Comptroller or his or her authorized
18 agent, the Insurance Commissioner or his or her authorized
19 agent, the Treasurer or his or her authorized agent, or a
20 property appraiser or tax collector or their authorized agents
21 pursuant to s. 195.084(1), in the performance of their
22 official duties, or to designated employees of the Department
23 of Education solely for determination of each school
24 district's price level index pursuant to s. 236.081(2);
25 however, no information shall be disclosed to the Auditor
26 General or his or her authorized agent, the director of the
27 Office of Program Policy Analysis and Government
28 Accountability or his or her authorized agent, the Chief
29 Financial Officer Comptroller or his or her authorized agent,
30 the Insurance Commissioner or his or her authorized agent, the
31 Treasurer or his or her authorized agent, or to a property
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1 appraiser or tax collector or their authorized agents, or to
2 designated employees of the Department of Education if such
3 disclosure is prohibited by federal law. The Auditor General
4 or his or her authorized agent, the director of the Office of
5 Program Policy Analysis and Government Accountability or his
6 or her authorized agent, the Chief Financial Officer
7 Comptroller or his or her authorized agent, the Treasurer or
8 his or her authorized agent, and the property appraiser or tax
9 collector and their authorized agents, or designated employees
10 of the Department of Education shall be subject to the same
11 requirements of confidentiality and the same penalties for
12 violation of the requirements as the department. For the
13 purpose of this subsection, "designated employees of the
14 Department of Education" means only those employees directly
15 responsible for calculation of price level indices pursuant to
16 s. 236.081(2). It does not include the supervisors of such
17 employees or any other employees or elected officials within
18 the Department of Education.
19 (7) Notwithstanding any other provision of this
20 section, the department may provide:
21 (e) Names, addresses, taxpayer identification numbers,
22 and outstanding tax liabilities to the Department of the
23 Lottery and the Department of Financial Services Banking and
24 Finance in the conduct of their official duties.
25 (13) Notwithstanding the provisions of s. 896.102(2),
26 the department may allow full access to the information and
27 documents required to be filed with it under s. 896.102(1) to
28 federal, state, and local law enforcement and prosecutorial
29 agencies, and to the Department of Financial Services Banking
30 and Finance, and any of those agencies may use the information
31
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1 and documents in any civil or criminal investigation and in
2 any court proceedings.
3 Section 194. Section 213.054, Florida Statutes, is
4 amended to read:
5 213.054 Persons claiming tax exemptions or deductions;
6 annual report.--The Department of Revenue shall be responsible
7 for monitoring the utilization of tax exemptions and tax
8 deductions authorized pursuant to chapter 81-179, Laws of
9 Florida. On or before September 1 of each year, the
10 department shall report to the Chief Financial Officer
11 Comptroller the names and addresses of all persons who have
12 claimed an exemption pursuant to s. 199.185(1)(i) or a
13 deduction pursuant to s. 220.63(5).
14 Section 195. Subsection (6) of section 213.255,
15 Florida Statutes, is amended to read:
16 213.255 Interest.--Interest shall be paid on
17 overpayments of taxes, payment of taxes not due, or taxes paid
18 in error, subject to the following conditions:
19 (6) Interest shall be paid until a date determined by
20 the department which shall be no more than 7 days prior to the
21 date of the issuance of the refund warrant by the Chief
22 Financial Officer Comptroller.
23 Section 196. Subsection (9) of section 213.67, Florida
24 Statutes, is amended to read:
25 213.67 Garnishment.--
26 (9) The department shall provide notice to the Chief
27 Financial Officer Comptroller, in electronic or other form
28 specified by the Chief Financial Officer Comptroller, listing
29 the taxpayers for which tax warrants are outstanding. Pursuant
30 to subsection (1), the Chief Financial Officer Comptroller
31 shall, upon notice from the department, withhold all payments
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1 to any person or business, as defined in s. 212.02, which
2 provides commodities or services to the state, leases real
3 property to the state, or constructs a public building or
4 public work for the state. The department may levy upon the
5 withheld payments in accordance with subsection (3). The
6 provisions of s. 215.422 do not apply from the date the notice
7 is filed with the Chief Financial Officer Comptroller until
8 the date the department notifies the Chief Financial Officer
9 Comptroller of its consent to make payment to the person or 60
10 days after receipt of the department's notice in accordance
11 with subsection (1), whichever occurs earlier.
12 Section 197. Subsection (4) of section 213.75, Florida
13 Statutes, is amended to read:
14 213.75 Application of payments.--
15 (4) Any surplus proceeds remaining after the
16 application of subsection (3) shall, upon application and
17 satisfactory proof thereof, be refunded by the Chief Financial
18 Officer Comptroller to the person or persons legally entitled
19 thereto pursuant to s. 215.26.
20 Section 198. Section 215.02, Florida Statutes, is
21 amended to read:
22 215.02 Manner of paying money into the
23 Treasury.--Whenever any officer of this state or other person
24 desires to pay any money into the Treasury of the state on
25 account of his or her indebtedness to the state, the person
26 shall first go into the Department of Financial Services
27 Banking and Finance, and there ascertain from the department's
28 books the amount of his or her indebtedness to the state, and
29 thereupon the department shall give that person a memorandum
30 or certificate of the amount of such indebtedness, and on what
31 account. Second, the person shall take said certificate with
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1 him or her to the Department of Insurance and deliver the same
2 and pay over to the Chief Financial Officer Insurance
3 Commissioner and Treasurer the amount ascertained called for
4 in said certificate. Third, The Chief Financial Officer
5 Insurance Commissioner and Treasurer shall receive the money,
6 make a proper entry thereof, file the certificate of the
7 Department of Banking and Finance, and give a certificate to
8 the party paying over the money, acknowledging the receipt of
9 the money, and on what account; which certificate thus
10 received, the party shall return to the Department of Banking
11 and Finance, on receipt of which the department shall give the
12 party a receipt for the amount, and enter a credit on the
13 party's account in his or her books for the amount thus paid
14 by him or her to the Insurance Commissioner and Treasurer, and
15 file the certificate received from the Insurance Commissioner
16 and Treasurer.
17 Section 199. Section 215.03, Florida Statutes, is
18 amended to read:
19 215.03 Party to be reimbursed on reversal of judgment
20 for state.--Whenever upon appeal in civil cases, any judgment
21 in favor of the state has been or shall be reversed and set
22 aside, which may have been paid in part by the appellant, the
23 Chief Financial Officer Comptroller shall issue his or her
24 warrant upon the Treasurer to reimburse the appellant for all
25 sums paid in discharge of such judgment and cost, provided the
26 appellant shall adduce satisfactory evidence to the Chief
27 Financial Officer Comptroller of the sums paid as aforesaid.
28 Section 200. Section 215.04, Florida Statutes, is
29 amended to read:
30 215.04 Department of Financial Services Banking and
31 Finance to report delinquents.--The Department of Financial
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1 Services Banking and Finance shall report to the state
2 attorney of the proper circuit the name of any delinquent
3 officer whose delinquency concerns the department, so soon as
4 such delinquency shall occur; and the state attorney shall
5 proceed forthwith against such delinquent.
6 Section 201. Section 215.05, Florida Statutes, is
7 amended to read:
8 215.05 Department of Financial Services Banking and
9 Finance to certify accounts of delinquents.--When any revenue
10 officer or other person accountable for public money shall
11 neglect or refuse to pay into the treasury the sum or balance
12 reported to be due to the state, upon the adjustment of that
13 person's account, the Department of Financial Services Banking
14 and Finance shall immediately hand over to the state attorney
15 of the proper circuit the statement of the sum or balance
16 certified under its seal of office, so due; and the state
17 attorney shall institute suit for the recovery of the same,
18 adding to the sum or balance stated to be due on such account
19 the commissions of the delinquent, which shall be forfeited in
20 every instance where suit is commenced and judgment is
21 obtained thereon, and an interest of 8 percent per annum from
22 the time of the delinquent's receiving the money until it
23 shall be paid into the State Treasury.
24 Section 202. Section 215.11, Florida Statutes, is
25 amended to read:
26 215.11 Defaulting officers; Department of Financial
27 Services Banking and Finance to report to clerk.--The
28 Department of Financial Services Banking and Finance shall,
29 within 90 days after the expiration of the term of office of
30 any tax collector, sheriff, clerk of the circuit or county
31 court, treasurer, or any other officer of any county who has
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1 the collection, custody, and control of any state funds, who
2 shall be in arrears in his or her accounts with the state,
3 make up and forward to the clerk of the circuit court of such
4 county a statement of his or her accounts with the state.
5 Section 203. Paragraph (cc) of subsection (4) of
6 section 215.20, Florida Statutes, is amended to read:
7 215.20 Certain income and certain trust funds to
8 contribute to the General Revenue Fund.--
9 (4) The income of a revenue nature deposited in the
10 following described trust funds, by whatever name designated,
11 is that from which the deductions authorized by subsection (3)
12 shall be made:
13 (cc) The Insurance Commissioner's Regulatory Trust
14 Fund created by s. 624.523.
15
16 The enumeration of the foregoing moneys or trust funds shall
17 not prohibit the applicability thereto of s. 215.24 should the
18 Governor determine that for the reasons mentioned in s. 215.24
19 the money or trust funds should be exempt herefrom, as it is
20 the purpose of this law to exempt income from its force and
21 effect when, by the operation of this law, federal matching
22 funds or contributions or private grants to any trust fund
23 would be lost to the state.
24 Section 204. Paragraphs (e) and (g) of subsection (1)
25 of section 215.22, Florida Statutes, is amended to read:
26 215.22 Certain income and certain trust funds
27 exempt.--
28 (1) The following income of a revenue nature or the
29 following trust funds shall be exempt from the deduction
30 required by s. 215.20(1):
31
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1 (e) State, agency, or political subdivision
2 investments by the Chief Financial Officer Treasurer.
3 (g) Self-insurance programs administered by the Chief
4 Financial Officer Treasurer.
5 Section 205. Section 215.23, Florida Statutes, is
6 amended to read:
7 215.23 When contributions to be made.--The deductions
8 required by s. 215.20 shall be paid into the appropriate fund
9 by the Department of Financial Services Banking and Finance or
10 by the Chief Financial Officer State Treasurer, as the case
11 may be, for quarterly periods ending March 31, June 30,
12 September 30, and December 31 of each year, and when so paid
13 shall thereupon become a part of that fund to be accounted for
14 and disbursed as provided by law.
15 Section 206. Section 215.24, Florida Statutes, is
16 amended to read:
17 215.24 Exemptions where federal contributions or
18 private grants.--
19 (1) Should any state fund be the recipient of federal
20 contributions or private grants, either by the matching of
21 state funds or by a general donation to state funds, and the
22 payment of moneys into the General Revenue Fund under s.
23 215.20 should cause such fund to lose federal or private
24 assistance, the Governor shall certify to the Department of
25 Financial Services Banking and Finance and to the Chief
26 Financial Officer State Treasurer that said income is for that
27 reason exempt from the force and effect of s. 215.20.
28 (2) Should it be determined by the Governor that by
29 reason of payments already made into the General Revenue Fund
30 by any fund under this law, such fund is subject to the loss
31 of federal or private assistance, then the Governor shall
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1 certify to the Department of Financial Services Banking and
2 Finance and to the Chief Financial Officer State Treasurer
3 that the income from such assistance is exempt from the
4 provisions of this law, and the Department of Financial
5 Services Banking and Finance or the Chief Financial Officer
6 State Treasurer, as the case may be, shall thereupon refund
7 and pay over to such fund any amount previously paid into the
8 General Revenue Fund from such income.
9 Section 207. Section 215.25, Florida Statutes, is
10 amended to read:
11 215.25 Manner of contributions; rules and
12 regulations.--The Department of Financial Services Banking and
13 Finance and the Chief Financial Officer State Treasurer are
14 hereby authorized to ascertain and determine the manner in
15 which the required amounts shall be deducted and paid and to
16 adopt and effectuate such rules and procedure as may be
17 necessary for carrying out the provisions of this law. Such
18 rules and procedure shall be approved by the Executive Office
19 of the Governor.
20 Section 208. Subsections (1), (2), and (5) of section
21 215.26, Florida Statutes, are amended to read:
22 215.26 Repayment of funds paid into State Treasury
23 through error.--
24 (1) The Chief Financial Officer Comptroller of the
25 state may refund to the person who paid same, or his or her
26 heirs, personal representatives, or assigns, any moneys paid
27 into the State Treasury which constitute:
28 (a) An overpayment of any tax, license, or account
29 due;
30 (b) A payment where no tax, license, or account is
31 due; and
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1 (c) Any payment made into the State Treasury in error;
2
3 and if any such payment has been credited to an appropriation,
4 such appropriation shall at the time of making any such
5 refund, be charged therewith. There are appropriated from the
6 proper respective funds from time to time such sums as may be
7 necessary for such refunds.
8 (2) Application for refunds as provided by this
9 section must be filed with the Chief Financial Officer
10 Comptroller, except as otherwise provided in this subsection,
11 within 3 years after the right to the refund has accrued or
12 else the right is barred. Except as provided in chapter 198
13 and s. 220.23, an application for a refund of a tax enumerated
14 in s. 72.011, which tax was paid after September 30, 1994, and
15 before July 1, 1999, must be filed with the Chief Financial
16 Officer Comptroller within 5 years after the date the tax is
17 paid, and within 3 years after the date the tax was paid for
18 taxes paid on or after July 1, 1999. The Chief Financial
19 Officer Comptroller may delegate the authority to accept an
20 application for refund to any state agency, or the judicial
21 branch, vested by law with the responsibility for the
22 collection of any tax, license, or account due. The
23 application for refund must be on a form approved by the Chief
24 Financial Officer Comptroller and must be supplemented with
25 additional proof the Chief Financial Officer Comptroller deems
26 necessary to establish the claim; provided, the claim is not
27 otherwise barred under the laws of this state. Upon receipt of
28 an application for refund, the judicial branch or the state
29 agency to which the funds were paid shall make a determination
30 of the amount due. If an application for refund is denied, in
31 whole or in part, the judicial branch or such state agency
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1 shall notify the applicant stating the reasons therefor. Upon
2 approval of an application for refund, the judicial branch or
3 such state agency shall furnish the Chief Financial Officer
4 Comptroller with a properly executed voucher authorizing
5 payment.
6 (5) When a taxpayer has pursued administrative
7 remedies before the Department of Revenue pursuant to s.
8 213.21 and has failed to comply with the time limitations and
9 conditions provided in ss. 72.011 and 120.80(14)(b), a claim
10 of refund under subsection (1) shall be denied by the Chief
11 Financial Officer Comptroller. However, the Chief Financial
12 Officer Comptroller may entertain a claim for refund under
13 this subsection when the taxpayer demonstrates that his or her
14 failure to pursue remedies under chapter 72 was not due to
15 neglect or for the purpose of delaying payment of lawfully
16 imposed taxes and can demonstrate reasonable cause for such
17 failure.
18 Section 209. Section 215.29, Florida Statutes, is
19 amended to read:
20 215.29 Classification of Chief Financial Officer's
21 Comptroller's warrants; report.--All disbursements made by the
22 state upon Chief Financial Officer's Comptroller's warrants
23 shall be classified according to officers, offices, bureaus,
24 divisions, boards, commissions, institutions, other agencies
25 and undertakings, or the judicial branch, and shall be further
26 classified according to personal services, contractual
27 services, commodities, current charges, current obligations,
28 capital outlays, debt payments, or investments or such
29 additional classifications as may be prescribed or authorized
30 by law. Such detail classifications shall be printed in the
31 Chief Financial Officer's Comptroller's annual reports.
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1 Section 210. Section 215.31, Florida Statutes, is
2 amended to read:
3 215.31 State funds; deposit in State
4 Treasury.--Revenue, including licenses, fees, imposts, or
5 exactions collected or received under the authority of the
6 laws of the state by each and every state official, office,
7 employee, bureau, division, board, commission, institution,
8 agency, or undertaking of the state or the judicial branch
9 shall be promptly deposited in the State Treasury, and
10 immediately credited to the appropriate fund as herein
11 provided, properly accounted for by the Department of
12 Financial Services Banking and Finance as to source and no
13 money shall be paid from the State Treasury except as
14 appropriated and provided by the annual General Appropriations
15 Act, or as otherwise provided by law.
16 Section 211. Section 215.32, Florida Statutes, as
17 amended by section 1 of chapter 2001-375, Laws of Florida, is
18 amended to read:
19 215.32 State funds; segregation.--
20 (1) All moneys received by the state shall be
21 deposited in the State Treasury unless specifically provided
22 otherwise by law and shall be deposited in and accounted for
23 by the Chief Financial Officer Treasurer and the Department of
24 Financial Services Banking and Finance within the following
25 funds, which funds are hereby created and established:
26 (a) General Revenue Fund.
27 (b) Trust funds.
28 (c) Working Capital Fund.
29 (d) Budget Stabilization Fund.
30 (2) The source and use of each of these funds shall be
31 as follows:
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1 (a) The General Revenue Fund shall consist of all
2 moneys received by the state from every source whatsoever,
3 except as provided in paragraphs (b) and (c). Such moneys
4 shall be expended pursuant to General Revenue Fund
5 appropriations acts or transferred as provided in paragraph
6 (c). Annually, at least 5 percent of the estimated increase
7 in General Revenue Fund receipts for the upcoming fiscal year
8 over the current year General Revenue Fund effective
9 appropriations shall be appropriated for state-level capital
10 outlay, including infrastructure improvement and general
11 renovation, maintenance, and repairs.
12 (b)1. The trust funds shall consist of moneys received
13 by the state which under law or under trust agreement are
14 segregated for a purpose authorized by law. The state agency
15 or branch of state government receiving or collecting such
16 moneys shall be responsible for their proper expenditure as
17 provided by law. Upon the request of the state agency or
18 branch of state government responsible for the administration
19 of the trust fund, the Chief Financial Officer Comptroller may
20 establish accounts within the trust fund at a level considered
21 necessary for proper accountability. Once an account is
22 established within a trust fund, the Chief Financial Officer
23 Comptroller may authorize payment from that account only upon
24 determining that there is sufficient cash and releases at the
25 level of the account.
26 2. In order to maintain a minimum number of trust
27 funds in the State Treasury, each state agency or the judicial
28 branch may consolidate, if permitted under the terms and
29 conditions of their receipt, the trust funds administered by
30 it; provided, however, the agency or judicial branch employs
31 effectively a uniform system of accounts sufficient to
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1 preserve the integrity of such trust funds; and provided,
2 further, that consolidation of trust funds is approved by the
3 Governor or the Chief Justice.
4 3. All such moneys are hereby appropriated to be
5 expended in accordance with the law or trust agreement under
6 which they were received, subject always to the provisions of
7 chapter 216 relating to the appropriation of funds and to the
8 applicable laws relating to the deposit or expenditure of
9 moneys in the State Treasury.
10 4.a. Notwithstanding any provision of law restricting
11 the use of trust funds to specific purposes, unappropriated
12 cash balances from selected trust funds may be authorized by
13 the Legislature for transfer to the Budget Stabilization Fund
14 and Working Capital Fund in the General Appropriations Act.
15 b. This subparagraph does not apply to trust funds
16 required by federal programs or mandates; trust funds
17 established for bond covenants, indentures, or resolutions
18 whose revenues are legally pledged by the state or public body
19 to meet debt service or other financial requirements of any
20 debt obligations of the state or any public body; the State
21 Transportation Trust Fund; the trust fund containing the net
22 annual proceeds from the Florida Education Lotteries; the
23 Florida Retirement System Trust Fund; trust funds under the
24 management of the Board of Regents, where such trust funds are
25 for auxiliary enterprises, self-insurance, and contracts,
26 grants, and donations, as those terms are defined by general
27 law; trust funds that serve as clearing funds or accounts for
28 the Chief Financial Officer Comptroller or state agencies;
29 trust funds that account for assets held by the state in a
30 trustee capacity as an agent or fiduciary for individuals,
31
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1 private organizations, or other governmental units; and other
2 trust funds authorized by the State Constitution.
3 (c)1. The Budget Stabilization Fund shall consist of
4 amounts equal to at least 5 percent of net revenue collections
5 for the General Revenue Fund during the last completed fiscal
6 year. The Budget Stabilization Fund's principal balance shall
7 not exceed an amount equal to 10 percent of the last completed
8 fiscal year's net revenue collections for the General Revenue
9 Fund. As used in this paragraph, the term "last completed
10 fiscal year" means the most recently completed fiscal year
11 prior to the regular legislative session at which the
12 Legislature considers the General Appropriations Act for the
13 year in which the transfer to the Budget Stabilization Fund
14 must be made under this paragraph.
15 2. By September 15 of each year, the Governor shall
16 authorize the Chief Financial Officer Comptroller to transfer,
17 and the Chief Financial Officer Comptroller shall transfer
18 pursuant to appropriations made by law, to the Budget
19 Stabilization Fund the amount of money needed for the balance
20 of that fund to equal the amount specified in subparagraph 1.,
21 less any amounts expended and not restored. The moneys needed
22 for this transfer may be appropriated by the Legislature from
23 any funds.
24 3. Unless otherwise provided in this subparagraph, an
25 expenditure from the Budget Stabilization Fund must be
26 restored pursuant to a restoration schedule that provides for
27 making five equal annual transfers from the General Revenue
28 Fund, beginning in the fiscal year following that in which the
29 expenditure was made. For any Budget Stabilization Fund
30 expenditure, the Legislature may establish by law a different
31 restoration schedule and such change may be made at any time
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1 during the restoration period. Moneys are hereby appropriated
2 for transfers pursuant to this subparagraph.
3 4. The Budget Stabilization Fund and the Working
4 Capital Fund may be used as revolving funds for transfers as
5 provided in s. 18.125; however, any interest earned must be
6 deposited in the General Revenue Fund.
7 5. The Chief Financial Officer Comptroller and the
8 Department of Management Services shall transfer funds to
9 water management districts to pay eligible water management
10 district employees for all benefits due under s. 373.6065, as
11 long as funds remain available for the program described under
12 s. 100.152.
13 (d) The Working Capital Fund shall consist of moneys
14 in the General Revenue Fund which are in excess of the amount
15 needed to meet General Revenue Fund appropriations for the
16 current fiscal year. Each year, no later than the publishing
17 date of the annual financial statements for the state by the
18 Chief Financial Officer Comptroller under s. 216.102, funds
19 shall be transferred between the Working Capital Fund and the
20 General Revenue Fund to establish the balance of the Working
21 Capital Fund for that fiscal year at the amount determined
22 pursuant to this paragraph.
23 Section 212. Subsections (2) and (3) of section
24 215.3206, Florida Statutes, are amended to read:
25 215.3206 Trust funds; termination or re-creation.--
26 (2) If the trust fund is terminated and not
27 immediately re-created, all cash balances and income of the
28 trust fund shall be deposited into the General Revenue Fund.
29 The agency or Chief Justice shall pay any outstanding debts of
30 the trust fund as soon as practicable, and the Chief Financial
31 Officer Comptroller shall close out and remove the trust fund
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1 from the various state accounting systems, using generally
2 accepted accounting practices concerning warrants outstanding,
3 assets, and liabilities. No appropriation or budget amendment
4 shall be construed to authorize any encumbrance of funds from
5 a trust fund after the date on which the trust fund is
6 terminated or is judicially determined to be invalid.
7 (3) On or before September 1 of each year, the Chief
8 Financial Officer Comptroller shall submit to the Executive
9 Office of the Governor, the President of the Senate, and the
10 Speaker of the House of Representatives a list of trust funds
11 that are scheduled to terminate within 12 months after that
12 date and also, beginning September 1, 1996, a list of all
13 trust funds that are exempt from automatic termination
14 pursuant to the provisions of s. 19(f)(3), Art. III of the
15 State Constitution, listing revenues of the trust funds by
16 major revenue category for each of the last 4 fiscal years.
17 Section 213. Paragraph (a) of subsection (2) of
18 section 215.3208, Florida Statutes, is amended to read:
19 215.3208 Trust funds; legislative review.--
20 (2)(a) When the Legislature terminates a trust fund,
21 the agency or branch of state government that administers the
22 trust fund shall pay any outstanding debts or obligations of
23 the trust fund as soon as practicable, and the Chief Financial
24 Officer Comptroller shall close out and remove the trust fund
25 from the various state accounting systems, using generally
26 accepted accounting principles concerning assets, liabilities,
27 and warrants outstanding.
28 Section 214. Section 215.321, Florida Statutes, is
29 amended to read:
30 215.321 Regulatory trust fund.--All funds received
31 pursuant to ss. 494.001-494.0077, chapter 497, chapter 516,
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1 chapter 520, or part I of chapter 559 shall be deposited into
2 the Banking and Finance Regulatory Trust Fund.
3 Section 215. Subsections (2), (3), and (4) of section
4 215.322, Florida Statutes, are amended to read:
5 215.322 Acceptance of credit cards, charge cards, or
6 debit cards by state agencies, units of local government, and
7 the judicial branch.--
8 (2) A state agency as defined in s. 216.011, or the
9 judicial branch, may accept credit cards, charge cards, or
10 debit cards in payment for goods and services with the prior
11 approval of the Chief Financial Officer Treasurer. When the
12 Internet or other related electronic methods are to be used as
13 the collection medium, the State Technology Office shall
14 review and recommend to the Chief Financial Officer Treasurer
15 whether to approve the request with regard to the process or
16 procedure to be used.
17 (3) The Chief Financial Officer Treasurer shall adopt
18 rules governing the establishment and acceptance of credit
19 cards, charge cards, or debit cards by state agencies or the
20 judicial branch, including, but not limited to, the following:
21 (a) Utilization of a standardized contract between the
22 financial institution or other appropriate intermediaries and
23 the agency or judicial branch which shall be developed by the
24 Chief Financial Officer Treasurer or approval by the Chief
25 Financial Officer Treasurer of a substitute agreement.
26 (b) Procedures which permit an agency or officer
27 accepting payment by credit card, charge card, or debit card
28 to impose a convenience fee upon the person making the
29 payment. However, the total amount of such convenience fees
30 shall not exceed the total cost to the state agency. A
31 convenience fee is not refundable to the payor.
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1 Notwithstanding the foregoing, this section shall not be
2 construed to permit surcharges on any other credit card
3 purchase in violation of s. 501.0117.
4 (c) All service fees payable pursuant to this section
5 when practicable shall be invoiced and paid by state warrant
6 or such other manner that is satisfactory to the Chief
7 Financial Officer Comptroller in accordance with the time
8 periods specified in s. 215.422.
9 (d) Submission of information to the Chief Financial
10 Officer Treasurer concerning the acceptance of credit cards,
11 charge cards, or debit cards by all state agencies or the
12 judicial branch.
13 (e) A methodology for agencies to use when completing
14 the cost-benefit analysis referred to in subsection (1). The
15 methodology must consider all quantifiable cost reductions,
16 other benefits to the agency, and potential impact on general
17 revenue. The methodology must also consider nonquantifiable
18 benefits such as the convenience to individuals and businesses
19 that would benefit from the ability to pay for state goods and
20 services through the use of credit cards, charge cards, and
21 debit cards.
22 (4) The Chief Financial Officer may Treasurer is
23 authorized to establish contracts with one or more financial
24 institutions, credit card companies, or other entities which
25 may lawfully provide such services, in a manner consistent
26 with chapter 287, for processing credit card, charge card, or
27 debit card collections for deposit into the State Treasury or
28 another qualified public depository. Any state agency, or the
29 judicial branch, which accepts payment by credit card, charge
30 card, or debit card shall use at least one of the contractors
31 established by the Chief Financial Officer Treasurer unless
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1 the state agency or judicial branch obtains authorization from
2 the Chief Financial Officer Treasurer to use another
3 contractor which is more advantageous to such state agency or
4 the judicial branch. Such contracts may authorize a unit of
5 local government to use the services upon the same terms and
6 conditions for deposit of credit card, charge card, or debit
7 card transactions into its qualified public depositories.
8 Section 216. Subsections (1) and (2) of section
9 215.34, Florida Statutes, are amended to read:
10 215.34 State funds; noncollectible items; procedure.--
11 (1) Any check, draft, or other order for the payment
12 of money in payment of any licenses, fees, taxes, commissions,
13 or charges of any sort authorized to be made under the laws of
14 the state and deposited in the State Treasury as provided
15 herein, which may be returned for any reason by the bank or
16 other payor upon which same shall have been drawn shall be
17 forthwith returned by the Chief Financial Officer State
18 Treasurer for collection to the state officer, the state
19 agency, or the entity of the judicial branch making the
20 deposit. In such case, the Chief Financial Officer may
21 Treasurer is hereby authorized to issue a debit memorandum
22 charging an account of the agency, officer, or entity of the
23 judicial branch which originally received the payment. The
24 original of the debit memorandum shall state the reason for
25 the return of the check, draft, or other order and shall
26 accompany the item being returned to the officer, agency, or
27 entity of the judicial branch being charged, and a copy of the
28 debit memorandum shall be sent to the Comptroller. The
29 officer, agency, or entity of the judicial branch receiving
30 the charged-back item shall prepare a journal transfer which
31 shall debit the charge against the fund or account to which
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1 the same shall have been originally credited. Such procedure
2 for handling noncollectible items shall not be construed as
3 paying funds out of the State Treasury without an
4 appropriation, but shall be considered as an administrative
5 procedure for the efficient handling of state records and
6 accounts.
7 (2) Whenever a check, draft, or other order for the
8 payment of money is returned by the Chief Financial Officer
9 State Treasurer, or by a qualified public depository as
10 defined in s. 280.02, to a state officer, a state agency, or
11 the judicial branch for collection, the officer, agency, or
12 judicial branch shall add to the amount due a service fee of
13 $15 or 5 percent of the face amount of the check, draft, or
14 order, whichever is greater. An agency or the judicial branch
15 may adopt a rule which prescribes a lesser maximum service
16 fee, which shall be added to the amount due for the dishonored
17 check, draft, or other order tendered for a particular
18 service, license, tax, fee, or other charge, but in no event
19 shall the fee be less than $15. The service fee shall be in
20 addition to all other penalties imposed by law, except that
21 when other charges or penalties are imposed by an agency
22 related to a noncollectible item, the amount of the service
23 fee shall not exceed $150. Proceeds from this fee shall be
24 deposited in the same fund as the collected item. Nothing in
25 this section shall be construed as authorization to deposit
26 moneys outside the State Treasury unless specifically
27 authorized by law.
28 Section 217. Section 215.35, Florida Statutes, is
29 amended to read:
30 215.35 State funds; warrants and their issuance.--All
31 warrants issued by the Chief Financial Officer Comptroller
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1 shall be numbered in chronological order commencing with
2 number one in each fiscal year and each warrant shall refer to
3 the Chief Financial Officer's Comptroller's voucher by the
4 number thereof, which voucher shall also be numbered as above
5 set forth. Each warrant shall state the name of the payee
6 thereof and the amount allowed, and said warrant shall be
7 stated in words at length. No warrant shall issue until same
8 has been authorized by an appropriation made by law but such
9 warrant need not state or set forth such authorization. The
10 Chief Financial Officer Comptroller shall register and
11 maintain a record of each warrant in his or her office. The
12 record shall show the funds, accounts, purposes, and
13 departments involved in the issuance of each warrant. In
14 those instances where the expenditure of funds of regulatory
15 boards or commissions has been provided for by laws other than
16 the annual appropriations bill, warrants shall be issued upon
17 requisition to the Chief Financial Officer State Comptroller
18 by the governing body of such board or commission.
19 Section 218. Section 215.405, Florida Statutes, is
20 amended to read:
21 215.405 State agencies and the judicial branch
22 authorized to collect costs of fingerprinting.--Any state
23 agency, or the judicial branch, exercising regulatory
24 authority and authorized to take fingerprints of persons
25 within or seeking to come within such agency's or the judicial
26 branch's regulatory power may collect from the person or
27 entity on whose behalf the fingerprints were submitted the
28 actual costs of processing such fingerprints including, but
29 not limited to, any charges imposed by the Department of Law
30 Enforcement or any agency or branch of the United States
31 Government. This provision shall constitute express authority
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1 for state agencies and the judicial branch to collect the
2 actual costs of processing the fingerprints either prior to or
3 subsequent to the actual processing and shall supersede any
4 other law to the contrary. To administer the provisions of
5 this section, a state agency, or the judicial branch, electing
6 to collect the cost of fingerprinting is empowered to
7 promulgate and adopt rules to establish the amounts and the
8 methods of payment needed to collect such costs. Collections
9 made under these provisions shall be deposited with the Chief
10 Financial Officer Treasurer to an appropriate trust fund
11 account to be designated by the Executive Office of the
12 Governor.
13 Section 219. Section 215.42, Florida Statutes, is
14 amended to read:
15 215.42 Purchases from appropriations, proof of
16 delivery.--The Chief Financial Officer State Comptroller may
17 require proof, as he or she deems necessary, of delivery and
18 receipt of purchases before honoring any voucher for payment
19 from appropriations made in the General Appropriations Act or
20 otherwise provided by law.
21 Section 220. Section 215.422, Florida Statutes, is
22 amended to read:
23 215.422 Warrants, vouchers, and invoices; processing
24 time limits; dispute resolution; agency or judicial branch
25 compliance.--
26 (1) The voucher authorizing payment of an invoice
27 submitted to an agency of the state or the judicial branch,
28 required by law to be filed with the Chief Financial Officer
29 Comptroller, shall be filed with the Chief Financial Officer
30 Comptroller not later than 20 days after receipt of the
31 invoice and receipt, inspection, and approval of the goods or
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1 services, except that in the case of a bona fide dispute the
2 voucher shall contain a statement of the dispute and authorize
3 payment only in the amount not disputed. The Chief Financial
4 Officer Comptroller may establish dollar thresholds and other
5 criteria for all invoices and may delegate to a state agency
6 or the judicial branch responsibility for maintaining the
7 official vouchers and documents for invoices which do not
8 exceed the thresholds or which meet the established criteria.
9 Such records shall be maintained in accordance with the
10 requirements established by the Secretary of State. The
11 electronic payment request transmission to the Chief Financial
12 Officer Comptroller shall constitute filing of a voucher for
13 payment of invoices for which the Chief Financial Officer
14 Comptroller has delegated to an agency custody of official
15 records. Approval and inspection of goods or services shall
16 take no longer than 5 working days unless the bid
17 specifications, purchase order, or contract specifies
18 otherwise. If a voucher filed within the 20-day period is
19 returned by the Department of Financial Services Banking and
20 Finance because of an error, it shall nevertheless be deemed
21 timely filed. The 20-day filing requirement may be waived in
22 whole or in part by the Department of Financial Services
23 Banking and Finance on a showing of exceptional circumstances
24 in accordance with rules and regulations of the department.
25 For the purposes of determining the receipt of invoice date,
26 the agency or the judicial branch is deemed to receive an
27 invoice on the date on which a proper invoice is first
28 received at the place designated by the agency or the judicial
29 branch. The agency or the judicial branch is deemed to
30 receive an invoice on the date of the invoice if the agency or
31 the judicial branch has failed to annotate the invoice with
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1 the date of receipt at the time the agency or the judicial
2 branch actually received the invoice or failed at the time the
3 order is placed or contract made to designate a specific
4 location to which the invoice must be delivered.
5 (2) The warrant in payment of an invoice submitted to
6 an agency of the state or the judicial branch shall be issued
7 not later than 10 days after filing of the voucher authorizing
8 payment. However, this requirement may be waived in whole or
9 in part by the Department of Financial Services Banking and
10 Finance on a showing of exceptional circumstances in
11 accordance with rules and regulations of the department. If
12 the 10-day period contains fewer than 6 working days, the
13 Department of Financial Services Banking and Finance shall be
14 deemed in compliance with this subsection if the warrant is
15 issued within 6 working days without regard to the actual
16 number of calendar days. For purposes of this section, a
17 payment is deemed to be issued on the first working day that
18 payment is available for delivery or mailing to the vendor.
19 (3)(a) Each agency of the state or the judicial branch
20 which is required by law to file vouchers with the Chief
21 Financial Officer Comptroller shall keep a record of the date
22 of receipt of the invoice; dates of receipt, inspection, and
23 approval of the goods or services; date of filing of the
24 voucher; and date of issuance of the warrant in payment
25 thereof. If the voucher is not filed or the warrant is not
26 issued within the time required, an explanation in writing by
27 the agency head or the Chief Justice shall be submitted to the
28 Department of Financial Services Banking and Finance in a
29 manner prescribed by it. Agencies and the judicial branch
30 shall continue to deliver or mail state payments promptly.
31
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1 (b) If a warrant in payment of an invoice is not
2 issued within 40 days after receipt of the invoice and
3 receipt, inspection, and approval of the goods and services,
4 the agency or judicial branch shall pay to the vendor, in
5 addition to the amount of the invoice, interest at a rate as
6 established pursuant to s. 55.03(1) on the unpaid balance from
7 the expiration of such 40-day period until such time as the
8 warrant is issued to the vendor. Such interest shall be added
9 to the invoice at the time of submission to the Chief
10 Financial Officer Comptroller for payment whenever possible.
11 If addition of the interest penalty is not possible, the
12 agency or judicial branch shall pay the interest penalty
13 payment within 15 days after issuing the warrant. The
14 provisions of this paragraph apply only to undisputed amounts
15 for which payment has been authorized. Disputes shall be
16 resolved in accordance with rules developed and adopted by the
17 Chief Justice for the judicial branch, and rules adopted by
18 the Department of Financial Services Banking and Finance or in
19 a formal administrative proceeding before an administrative
20 law judge of the Division of Administrative Hearings for state
21 agencies, provided that, for the purposes of ss. 120.569 and
22 120.57(1), no party to a dispute involving less than $1,000 in
23 interest penalties shall be deemed to be substantially
24 affected by the dispute or to have a substantial interest in
25 the decision resolving the dispute. In the case of an error on
26 the part of the vendor, the 40-day period shall begin to run
27 upon receipt by the agency or the judicial branch of a
28 corrected invoice or other remedy of the error. The provisions
29 of this paragraph do not apply when the filing requirement
30 under subsection (1) or subsection (2) has been waived in
31 whole by the Department of Financial Services Banking and
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1 Finance. The various state agencies and the judicial branch
2 shall be responsible for initiating the penalty payments
3 required by this subsection and shall use this subsection as
4 authority to make such payments. The budget request submitted
5 to the Legislature shall specifically disclose the amount of
6 any interest paid by any agency or the judicial branch
7 pursuant to this subsection. The temporary unavailability of
8 funds to make a timely payment due for goods or services does
9 not relieve an agency or the judicial branch from the
10 obligation to pay interest penalties under this section.
11 (c) An agency or the judicial branch may make partial
12 payments to a contractor upon partial delivery of goods or
13 services or upon partial completion of construction when a
14 request for such partial payment is made by the contractor and
15 approved by the agency. Provisions of this section and rules
16 of the Department of Financial Services Banking and Finance
17 shall apply to partial payments in the same manner as they
18 apply to full payments.
19 (4) If the terms of the invoice provide a discount for
20 payment in less than 30 days, agencies of the state and the
21 judicial branch shall preferentially process it and use all
22 diligence to obtain the saving by compliance with the invoice
23 terms.
24 (5) All purchasing agreements between a state agency
25 or the judicial branch and a vendor, applicable to this
26 section, shall include a statement of the vendor's rights and
27 the state's responsibilities under this section. The vendor's
28 rights shall include being provided with the telephone number
29 of the vendor ombudsman within the Department of Financial
30 Services Banking and Finance, which information shall also be
31 placed on all agency or judicial branch purchase orders.
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1 (6) The Department of Financial Services Banking and
2 Finance shall monitor each agency's and the judicial branch's
3 compliance with the time limits and interest penalty
4 provisions of this section. The department shall provide a
5 report to an agency or to the judicial branch if the
6 department determines that the agency or the judicial branch
7 has failed to maintain an acceptable rate of compliance with
8 the time limits and interest penalty provisions of this
9 section. The department shall establish criteria for
10 determining acceptable rates of compliance. The report shall
11 also include a list of late vouchers or payments, the amount
12 of interest owed or paid, and any corrective actions
13 recommended. The department shall perform monitoring
14 responsibilities, pursuant to this section, using the
15 Management Services and Purchasing Subsystem or the Florida
16 Accounting Information Resource Subsystem provided in s.
17 215.94. Each agency and the judicial branch shall be
18 responsible for the accuracy of information entered into the
19 Management Services and Purchasing Subsystem and the Florida
20 Accounting Information Resource Subsystem for use in this
21 monitoring.
22 (7) There is created a vendor ombudsman within the
23 Department of Financial Services Banking and Finance who shall
24 be responsible for the following functions:
25 (a) Performing the duties of the department pursuant
26 to subsection (6).
27 (b) Reviewing requests for waivers due to exceptional
28 circumstances.
29 (c) Disseminating information relative to the prompt
30 payment policies of this state and assisting vendors in
31 receiving their payments in a timely manner.
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1 (d) Performing such other duties as determined by the
2 department.
3 (8) The Department of Financial Services Banking and
4 Finance is authorized and directed to adopt and promulgate
5 rules and regulations to implement this section and for
6 resolution of disputes involving amounts of less than $1,000
7 in interest penalties for state agencies. No agency or the
8 judicial branch shall adopt any rule or policy that is
9 inconsistent with this section or the Department of Financial
10 Services' Banking and Finance's rules or policies.
11 (9) Each agency and the judicial branch shall include
12 in the official position description of every officer or
13 employee who is responsible for the approval or processing of
14 vendors' invoices or distribution of warrants to vendors that
15 the requirements of this section are mandatory.
16 (10) Persistent failure to comply with this section by
17 any agency of the state or the judicial branch shall
18 constitute good cause for discharge of employees duly found
19 responsible, or predominantly responsible, for failure to
20 comply.
21 (11) Travel and other reimbursements to state officers
22 and employees must be the same as payments to vendors under
23 this section, except payment of Class C travel subsistence.
24 Class C travel subsistence shall be paid in accordance with
25 the schedule established by the Chief Financial Officer
26 Comptroller pursuant to s. 112.061(5)(b). This section does
27 not apply to payments made to state agencies, the judicial
28 branch, or the legislative branch.
29 (12) In the event that a state agency or the judicial
30 branch contracts with a third party, uses a revolving fund, or
31 pays from a local bank account to process and pay invoices for
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1 goods or services, all requirements for financial obligations
2 and time processing set forth in this section shall be
3 applicable and the state agency or the judicial branch shall
4 be responsible for paying vendors the interest assessed for
5 untimely payment. The state agency or the judicial branch may,
6 through its contract with a third party, require the third
7 party to pay interest from the third party's funds.
8 (13) Notwithstanding the provisions of subsections (3)
9 and (12), in order to alleviate any hardship that may be
10 caused to a health care provider as a result of delay in
11 receiving reimbursement for services, any payment or payments
12 for hospital, medical, or other health care services which are
13 to be reimbursed by a state agency or the judicial branch,
14 either directly or indirectly, shall be made to the health
15 care provider not more than 35 days from the date eligibility
16 for payment of such claim is determined. If payment is not
17 issued to a health care provider within 35 days after the date
18 eligibility for payment of the claim is determined, the state
19 agency or the judicial branch shall pay the health care
20 provider interest at a rate of 1 percent per month calculated
21 on a calendar day basis on the unpaid balance from the
22 expiration of such 35-day period until such time as payment is
23 made to the health care provider, unless a waiver in whole has
24 been granted by the Department of Financial Services Banking
25 and Finance pursuant to subsection (1) or subsection (2).
26 (14) The Chief Financial Officer Comptroller may adopt
27 rules to authorize advance payments for goods and services,
28 including, but not limited to, maintenance agreements and
29 subscriptions. Such rules shall provide objective criteria
30 for determining when it is in the best interest of the state
31 to make payments in advance and shall also provide for
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1 adequate protection to ensure that such goods or services will
2 be provided.
3 (15) Nothing contained in this section shall be
4 construed to be an appropriation. Any interest which becomes
5 due and owing pursuant to this section shall only be payable
6 from the appropriation charged for such goods or services.
7 (16) Notwithstanding the provisions of s. 24.120(3),
8 applicable to warrants issued for payment of invoices
9 submitted by the Department of the Lottery, the Chief
10 Financial Officer Comptroller may, by written agreement with
11 the Department of the Lottery, establish a shorter time
12 requirement than the 10 days provided in subsection (2) for
13 warrants issued for payment. Pursuant to such written
14 agreement, the Department of the Lottery shall reimburse the
15 Chief Financial Officer Comptroller for costs associated with
16 processing invoices under the agreement.
17 Section 221. Subsection (1) of section 215.44, Florida
18 Statutes, is amended to read:
19 215.44 Board of Administration; powers and duties in
20 relation to investment of trust funds.--
21 (1) Except when otherwise specifically provided by the
22 State Constitution and subject to any limitations of the trust
23 agreement relating to a trust fund, the Board of
24 Administration, hereinafter sometimes referred to as "board,"
25 composed of the Governor as chair, the Chief Financial Officer
26 Treasurer, and the Attorney General Comptroller, shall invest
27 all the funds in the System Trust Fund, as defined in s.
28 121.021(36), and all other funds specifically required by law
29 to be invested by the board pursuant to ss. 215.44-215.53 to
30 the fullest extent that is consistent with the cash
31 requirements, trust agreement, and investment objectives of
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1 the fund. Notwithstanding any other law to the contrary, the
2 State Board of Administration may invest any funds of any
3 state agency or any unit of local government pursuant to the
4 terms of a trust agreement with the head of the state agency
5 or the governing body of the unit of local government, which
6 trust agreement shall govern the investment of such funds,
7 provided that the board shall approve the undertaking of such
8 investment before execution of the trust agreement by the
9 State Board of Administration. The funds and the earnings
10 therefrom are exempt from the service charge imposed by s.
11 215.20. As used in this subsection, the term "state agency"
12 has the same meaning as that provided in s. 216.001, and the
13 terms "governing body" and "unit of local government" have the
14 same meaning as that provided in s. 218.403.
15 Section 222. Section 215.50, Florida Statutes, is
16 amended to read:
17 215.50 Custody of securities purchased; income.--
18 (1) All securities purchased or held may, with the
19 approval of the board, be in the custody of the Chief
20 Financial Officer Treasurer or the Chief Financial Officer
21 Treasurer as treasurer ex officio of the board, or be
22 deposited with a bank or trust company to be held in
23 safekeeping by such bank or trust company for the collection
24 of principal and interest or of the proceeds of the sale
25 thereof.
26 (2) It shall be the duty of the board or of the Chief
27 Financial Officer Treasurer, as custodian of the securities of
28 the board, to collect the interest or other income on, and the
29 principal of, such securities in their custody as the sums
30 become due and payable and to pay the same, when so collected,
31
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1 into the investment account of the fund to which the
2 investments belong.
3 (3) The Chief Financial Officer Treasurer, as
4 custodian of securities owned by the Florida Retirement System
5 Trust Fund and the Florida Survivor Benefit Trust Fund, shall
6 collect the interest, dividends, prepayments, maturities,
7 proceeds from sales, and other income accruing from such
8 assets. As such income is collected by the Chief Financial
9 Officer Treasurer, it shall be deposited directly into a
10 commercial bank to the credit of the State Board of
11 Administration. Such bank accounts as may be required for
12 this purpose shall offer satisfactory collateral security as
13 provided by chapter 280. In the event funds so deposited
14 according to the provisions of this section are required for
15 the purpose of paying benefits or other operational needs, the
16 State Board of Administration shall remit to the Florida
17 Retirement System Trust Fund in the State Treasury such
18 amounts as may be requested by the Department of Management
19 Services.
20 (4) Securities that the board selects to use for
21 options operations under s. 215.45 or for lending under s.
22 215.47(16) shall be registered by the Chief Financial Officer
23 Treasurer in the name of a third-party nominee in order to
24 facilitate such operations.
25 Section 223. Section 215.551, Florida Statutes, is
26 amended to read:
27 215.551 Federal Use of State Lands Trust Fund; county
28 distribution.--
29 (1) The Chief Financial Officer Comptroller may make
30 distribution of the Federal Use of State Lands Trust Fund,
31
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1 when so requested by the counties in interest, of such amounts
2 as may be accumulated in that fund.
3 (2) The Chief Financial Officer Comptroller shall
4 ascertain, from the records of the General Land Office or
5 other departments in Washington, D.C., the number of acres of
6 land situated in the several counties in which the
7 Apalachicola, Choctawhatchee, Ocala, and Osceola Forest
8 Reserves are located, the number of acres of land of such
9 forest reserve embraced in each of the counties in each of the
10 reserves, and, also, the amount of money received by the
11 United States Government from each of the reserves,
12 respectively. The Chief Financial Officer Comptroller shall
13 apportion the money on hand to each county in each reserve,
14 respectively and separately; such distribution shall be based
15 upon the number of acres of land embraced in the Apalachicola
16 Forest, Choctawhatchee Forest, Ocala Forest, and Osceola
17 Forest, respectively, in each county and shall be further
18 based upon the amount collected by the United States from each
19 of such forests, so that such distribution, when made, will
20 include for each county the amount due each county, based upon
21 the receipts for the particular forest and the acreage in the
22 particular county in which such forest is located. The Chief
23 Financial Officer Comptroller shall issue two warrants on the
24 Treasurer in each case, the sum of which shall be the amount
25 due each of such counties from the fund. One warrant shall be
26 payable to the county for the county general road fund, and
27 one warrant, of equal amount, shall be payable to such
28 county's district school board for the district school fund.
29 (3) In the event that actual figures of receipts from
30 different reserves cannot be obtained by counties, so as to
31 fully comply with subsections (1) and (2), the Chief Financial
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1 Officer Comptroller may adjust the matter according to the
2 United States statutes, or as may appear to him or her to be
3 just and fair, and with the approval of all counties in
4 interest.
5 (4) The moneys that may be received and credited to
6 the Federal Use of State Lands Trust Fund are appropriated for
7 the payment of the warrants of the Chief Financial Officer
8 Comptroller drawn on the Treasurer in pursuance of this
9 section.
10 Section 224. Section 215.552, Florida Statutes, is
11 amended to read:
12 215.552 Federal Use of State Lands Trust Fund; land
13 within military installations; county distribution.--The Chief
14 Financial Officer Comptroller shall distribute moneys from the
15 Federal Use of State Lands Trust Fund when so requested by the
16 counties so affected. The Chief Financial Officer Comptroller
17 shall apportion the money on hand equal to the percentage of
18 land in each county within each military installation, and the
19 amount so apportioned to each county shall be applied by such
20 counties equally divided between the district school fund and
21 the general road fund of such counties.
22 Section 225. Paragraph (c) of subsection (2),
23 paragraph (d) of subsection (4), and paragraphs (a), (b), and
24 (c) of subsection (6) of section 215.555, Florida Statutes,
25 are amended to read:
26 215.555 Florida Hurricane Catastrophe Fund.--
27 (2) DEFINITIONS.--As used in this section:
28 (c) "Covered policy" means any insurance policy
29 covering residential property in this state, including, but
30 not limited to, any homeowner's, mobile home owner's, farm
31 owner's, condominium association, condominium unit owner's,
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1 tenant's, or apartment building policy, or any other policy
2 covering a residential structure or its contents issued by any
3 authorized insurer, including any joint underwriting
4 association or similar entity created pursuant to law.
5 Additionally, covered policies include policies covering the
6 peril of wind removed from the Florida Residential Property
7 and Casualty Joint Underwriting Association, created pursuant
8 to s. 627.351(6), or from the Florida Windstorm Underwriting
9 Association, created pursuant to s. 627.351(2), by an
10 authorized insurer under the terms and conditions of an
11 executed assumption agreement between the authorized insurer
12 and either such association. Each assumption agreement between
13 either association and such authorized insurer must be
14 approved by the Florida Department of Financial Services
15 Insurance prior to the effective date of the assumption, and
16 the Department of Financial Services Insurance must provide
17 written notification to the board within 15 working days after
18 such approval. "Covered policy" does not include any policy
19 that excludes wind coverage or hurricane coverage or any
20 reinsurance agreement and does not include any policy
21 otherwise meeting this definition which is issued by a surplus
22 lines insurer or a reinsurer.
23 (4) REIMBURSEMENT CONTRACTS.--
24 (d)1. For purposes of determining potential liability
25 and to aid in the sound administration of the fund, the
26 contract shall require each insurer to report such insurer's
27 losses from each covered event on an interim basis, as
28 directed by the board. The contract shall require the insurer
29 to report to the board no later than December 31 of each year,
30 and quarterly thereafter, its reimbursable losses from covered
31 events for the year. The contract shall require the board to
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1 determine and pay, as soon as practicable after receiving
2 these reports of reimbursable losses, the initial amount of
3 reimbursement due and adjustments to this amount based on
4 later loss information. The adjustments to reimbursement
5 amounts shall require the board to pay, or the insurer to
6 return, amounts reflecting the most recent calculation of
7 losses.
8 2. In determining reimbursements pursuant to this
9 subsection, the contract shall provide that the board shall:
10 a. First reimburse insurers writing covered policies,
11 which insurers are in full compliance with this section and
12 have petitioned the Department of Financial Services Insurance
13 and qualified as limited apportionment companies under s.
14 627.351(2)(b)3. The amount of such reimbursement shall be the
15 lesser of $10 million or an amount equal to 10 times the
16 insurer's reimbursement premium for the current year. The
17 amount of reimbursement paid under this sub-subparagraph may
18 not exceed the full amount of reimbursement promised in the
19 reimbursement contract. This sub-subparagraph does not apply
20 with respect to any contract year in which the year-end
21 projected cash balance of the fund, exclusive of any bonding
22 capacity of the fund, exceeds $2 billion. Only one member of
23 any insurer group may receive reimbursement under this
24 sub-subparagraph.
25 b. Next pay to each insurer such insurer's projected
26 payout, which is the amount of reimbursement it is owed, up to
27 an amount equal to the insurer's share of the actual premium
28 paid for that contract year, multiplied by the actual
29 claims-paying capacity available for that contract year;
30 provided, entities created pursuant to s. 627.351 shall be
31 further reimbursed in accordance with sub-subparagraph c.
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1 c. Thereafter, establish, based on reimbursable
2 losses, the prorated reimbursement level at the highest level
3 for which any remaining fund balance or bond proceeds are
4 sufficient to reimburse entities created pursuant to s.
5 627.351 for losses exceeding the amounts payable pursuant to
6 sub-subparagraph b. for the current contract year.
7 (6) REVENUE BONDS.--
8 (a) General provisions.--
9 1. Upon the occurrence of a hurricane and a
10 determination that the moneys in the fund are or will be
11 insufficient to pay reimbursement at the levels promised in
12 the reimbursement contracts, the board may take the necessary
13 steps under paragraph (b) or paragraph (c) for the issuance of
14 revenue bonds for the benefit of the fund. The proceeds of
15 such revenue bonds may be used to make reimbursement payments
16 under reimbursement contracts; to refinance or replace
17 previously existing borrowings or financial arrangements; to
18 pay interest on bonds; to fund reserves for the bonds; to pay
19 expenses incident to the issuance or sale of any bond issued
20 under this section, including costs of validating, printing,
21 and delivering the bonds, costs of printing the official
22 statement, costs of publishing notices of sale of the bonds,
23 and related administrative expenses; or for such other
24 purposes related to the financial obligations of the fund as
25 the board may determine. The term of the bonds may not exceed
26 30 years. The board may pledge or authorize the corporation to
27 pledge all or a portion of all revenues under subsection (5)
28 and under subparagraph 3. to secure such revenue bonds and the
29 board may execute such agreements between the board and the
30 issuer of any revenue bonds and providers of other financing
31 arrangements under paragraph (7)(b) as the board deems
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1 necessary to evidence, secure, preserve, and protect such
2 pledge. If reimbursement premiums received under subsection
3 (5) or earnings on such premiums are used to pay debt service
4 on revenue bonds, such premiums and earnings shall be used
5 only after the use of the moneys derived from assessments
6 under subparagraph 3. The funds, credit, property, or taxing
7 power of the state or political subdivisions of the state
8 shall not be pledged for the payment of such bonds. The board
9 may also enter into agreements under paragraph (b) or
10 paragraph (c) for the purpose of issuing revenue bonds in the
11 absence of a hurricane upon a determination that such action
12 would maximize the ability of the fund to meet future
13 obligations.
14 2. The Legislature finds and declares that the
15 issuance of bonds under this subsection is for the public
16 purpose of paying the proceeds of the bonds to insurers,
17 thereby enabling insurers to pay the claims of policyholders
18 to assure that policyholders are able to pay the cost of
19 construction, reconstruction, repair, restoration, and other
20 costs associated with damage to property of policyholders of
21 covered policies after the occurrence of a hurricane. Revenue
22 bonds may not be issued under this subsection until validated
23 under chapter 75. The validation of at least the first
24 obligations incurred pursuant to this subsection shall be
25 appealed to the Supreme Court, to be handled on an expedited
26 basis.
27 3. If the board determines that the amount of revenue
28 produced under subsection (5) is insufficient to fund the
29 obligations, costs, and expenses of the fund and the
30 corporation, including repayment of revenue bonds, the board
31 shall direct the Department of Financial Services Insurance to
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1 levy an emergency assessment on each insurer writing property
2 and casualty business in this state. Pursuant to the emergency
3 assessment, each such insurer shall pay to the corporation by
4 July 1 of each year an amount set by the board not exceeding 2
5 percent of its gross direct written premium for the prior year
6 from all property and casualty business in this state except
7 for workers' compensation, except that, if the Governor has
8 declared a state of emergency under s. 252.36 due to the
9 occurrence of a covered event, the amount of the assessment
10 for the contract year may be increased to an amount not
11 exceeding 4 percent of such premium. Any assessment authority
12 not used for the contract year may be used for a subsequent
13 contract year. If, for a subsequent contract year, the board
14 determines that the amount of revenue produced under
15 subsection (5) is insufficient to fund the obligations, costs,
16 and expenses of the fund and the corporation, including
17 repayment of revenue bonds for that contract year, the board
18 shall direct the Department of Financial Services Insurance to
19 levy an emergency assessment up to an amount not exceeding the
20 amount of unused assessment authority from a previous contract
21 year or years, plus an additional 2 percent if the Governor
22 has declared a state of emergency under s. 252.36 due to the
23 occurrence of a covered event. Any assessment authority not
24 used for the contract year may be used for a subsequent
25 contract year. As used in this subsection, the term "property
26 and casualty business" includes all lines of business
27 identified on Form 2, Exhibit of Premiums and Losses, in the
28 annual statement required by s. 624.424 and any rules adopted
29 under such section, except for those lines identified as
30 accident and health insurance. The annual assessments under
31 this subparagraph shall continue as long as the revenue bonds
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1 issued with respect to which the assessment was imposed are
2 outstanding, unless adequate provision has been made for the
3 payment of such bonds pursuant to the documents authorizing
4 issuance of the bonds. An insurer shall not at any time be
5 subject to aggregate annual assessments under this
6 subparagraph of more than 2 percent of premium, except that in
7 the case of a declared emergency, an insurer shall not at any
8 time be subject to aggregate annual assessments under this
9 subparagraph of more than 6 percent of premium; provided, no
10 more than 4 percent may be assessed for any one contract year.
11 Any rate filing or portion of a rate filing reflecting a rate
12 change attributable entirely to the assessment levied under
13 this subparagraph shall be deemed approved when made, subject
14 to the authority of the Department of Financial Services
15 Insurance to require actuarial justification as to the
16 adequacy of any rate at any time. If the rate filing reflects
17 only a rate change attributable to the assessment under this
18 paragraph, the filing may consist of a certification so
19 stating. The assessments otherwise payable to the corporation
20 pursuant to this subparagraph shall be paid instead to the
21 fund unless and until the Department of Financial Services
22 Insurance has received from the corporation and the fund a
23 notice, which shall be conclusive and upon which the
24 Department of Financial Services Insurance may rely without
25 further inquiry, that the corporation has issued bonds and the
26 fund has no agreements in effect with local governments
27 pursuant to paragraph (b). On or after the date of such
28 notice and until such date as the corporation has no bonds
29 outstanding, the fund shall have no right, title, or interest
30 in or to the assessments, except as provided in the fund's
31 agreements with the corporation.
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1 (b) Revenue bond issuance through counties or
2 municipalities.--
3 1. If the board elects to enter into agreements with
4 local governments for the issuance of revenue bonds for the
5 benefit of the fund, the board shall enter into such contracts
6 with one or more local governments, including agreements
7 providing for the pledge of revenues, as are necessary to
8 effect such issuance. The governing body of a county or
9 municipality is authorized to issue bonds as defined in s.
10 125.013 or s. 166.101 from time to time to fund an assistance
11 program, in conjunction with the Florida Hurricane Catastrophe
12 Fund, for the purposes set forth in this section or for the
13 purpose of paying the costs of construction, reconstruction,
14 repair, restoration, and other costs associated with damage to
15 properties of policyholders of covered policies due to the
16 occurrence of a hurricane by assuring that policyholders
17 located in this state are able to recover claims under
18 property insurance policies after a covered event.
19 2. In order to avoid needless and indiscriminate
20 proliferation, duplication, and fragmentation of such
21 assistance programs, any local government may provide for the
22 payment of fund reimbursements, regardless of whether or not
23 the losses for which reimbursement is made occurred within or
24 outside of the territorial jurisdiction of the local
25 government.
26 3. The state hereby covenants with holders of bonds
27 issued under this paragraph that the state will not repeal or
28 abrogate the power of the board to direct the Department of
29 Financial Services Insurance to levy the assessments and to
30 collect the proceeds of the revenues pledged to the payment of
31 such bonds as long as any such bonds remain outstanding unless
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1 adequate provision has been made for the payment of such bonds
2 pursuant to the documents authorizing the issuance of such
3 bonds.
4 4. There shall be no liability on the part of, and no
5 cause of action shall arise against any members or employees
6 of the governing body of a local government for any actions
7 taken by them in the performance of their duties under this
8 paragraph.
9 (c) Florida Hurricane Catastrophe Fund Finance
10 Corporation.--
11 1. In addition to the findings and declarations in
12 subsection (1), the Legislature also finds and declares that:
13 a. The public benefits corporation created under this
14 paragraph will provide a mechanism necessary for the
15 cost-effective and efficient issuance of bonds. This mechanism
16 will eliminate unnecessary costs in the bond issuance process,
17 thereby increasing the amounts available to pay reimbursement
18 for losses to property sustained as a result of hurricane
19 damage.
20 b. The purpose of such bonds is to fund reimbursements
21 through the Florida Hurricane Catastrophe Fund to pay for the
22 costs of construction, reconstruction, repair, restoration,
23 and other costs associated with damage to properties of
24 policyholders of covered policies due to the occurrence of a
25 hurricane.
26 c. The efficacy of the financing mechanism will be
27 enhanced by the corporation's ownership of the assessments, by
28 the insulation of the assessments from possible bankruptcy
29 proceedings, and by covenants of the state with the
30 corporation's bondholders.
31
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1 2.a. There is created a public benefits corporation,
2 which is an instrumentality of the state, to be known as the
3 Florida Hurricane Catastrophe Fund Finance Corporation.
4 b. The corporation shall operate under a five-member
5 board of directors consisting of the Governor or a designee,
6 the Chief Financial Officer Comptroller or a designee, the
7 Attorney General Treasurer or a designee, the director of the
8 Division of Bond Finance of the State Board of Administration,
9 and the chief operating officer of the Florida Hurricane
10 Catastrophe Fund.
11 c. The corporation has all of the powers of
12 corporations under chapter 607 and under chapter 617, subject
13 only to the provisions of this subsection.
14 d. The corporation may issue bonds and engage in such
15 other financial transactions as are necessary to provide
16 sufficient funds to achieve the purposes of this section.
17 e. The corporation may invest in any of the
18 investments authorized under s. 215.47.
19 f. There shall be no liability on the part of, and no
20 cause of action shall arise against, any board members or
21 employees of the corporation for any actions taken by them in
22 the performance of their duties under this paragraph.
23 3.a. In actions under chapter 75 to validate any bonds
24 issued by the corporation, the notice required by s. 75.06
25 shall be published only in Leon County and in two newspapers
26 of general circulation in the state, and the complaint and
27 order of the court shall be served only on the State Attorney
28 of the Second Judicial Circuit.
29 b. The state hereby covenants with holders of bonds of
30 the corporation that the state will not repeal or abrogate the
31 power of the board to direct the Department of Financial
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1 Services Insurance to levy the assessments and to collect the
2 proceeds of the revenues pledged to the payment of such bonds
3 as long as any such bonds remain outstanding unless adequate
4 provision has been made for the payment of such bonds pursuant
5 to the documents authorizing the issuance of such bonds.
6 4. The bonds of the corporation are not a debt of the
7 state or of any political subdivision, and neither the state
8 nor any political subdivision is liable on such bonds. The
9 corporation does not have the power to pledge the credit, the
10 revenues, or the taxing power of the state or of any political
11 subdivision. The credit, revenues, or taxing power of the
12 state or of any political subdivision shall not be deemed to
13 be pledged to the payment of any bonds of the corporation.
14 5.a. The property, revenues, and other assets of the
15 corporation; the transactions and operations of the
16 corporation and the income from such transactions and
17 operations; and all bonds issued under this paragraph and
18 interest on such bonds are exempt from taxation by the state
19 and any political subdivision, including the intangibles tax
20 under chapter 199 and the income tax under chapter 220. This
21 exemption does not apply to any tax imposed by chapter 220 on
22 interest, income, or profits on debt obligations owned by
23 corporations other than the Florida Hurricane Catastrophe Fund
24 Finance Corporation.
25 b. All bonds of the corporation shall be and
26 constitute legal investments without limitation for all public
27 bodies of this state; for all banks, trust companies, savings
28 banks, savings associations, savings and loan associations,
29 and investment companies; for all administrators, executors,
30 trustees, and other fiduciaries; for all insurance companies
31 and associations and other persons carrying on an insurance
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1 business; and for all other persons who are now or may
2 hereafter be authorized to invest in bonds or other
3 obligations of the state and shall be and constitute eligible
4 securities to be deposited as collateral for the security of
5 any state, county, municipal, or other public funds. This
6 sub-subparagraph shall be considered as additional and
7 supplemental authority and shall not be limited without
8 specific reference to this sub-subparagraph.
9 6. The corporation and its corporate existence shall
10 continue until terminated by law; however, no such law shall
11 take effect as long as the corporation has bonds outstanding
12 unless adequate provision has been made for the payment of
13 such bonds pursuant to the documents authorizing the issuance
14 of such bonds. Upon termination of the existence of the
15 corporation, all of its rights and properties in excess of its
16 obligations shall pass to and be vested in the state.
17 Section 226. Subsection (5) of section 215.559,
18 Florida Statutes, is amended to read:
19 215.559 Hurricane Loss Mitigation Program.--
20 (5) Except for the program set forth in subsection
21 (3), the Department of Community Affairs shall develop the
22 programs set forth in this section in consultation with an
23 advisory council consisting of a representative designated by
24 the Department of Financial Services Insurance, a
25 representative designated by the Florida Home Builders
26 Association, a representative designated by the Florida
27 Insurance Council, a representative designated by the
28 Federation of Manufactured Home Owners, a representative
29 designated by the Florida Association of Counties, and a
30 representative designated by the Florida Manufactured Housing
31 Association.
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1 Section 227. Paragraph (c) of subsection (1) and
2 paragraph (a) of subsection (3) of section 215.56005, Florida
3 Statutes, are amended to read:
4 215.56005 Tobacco Settlement Financing Corporation.--
5 (1) DEFINITIONS.--As used in this section:
6 (c) "Department" means the Department of Financial
7 Services Banking and Finance or its successor.
8 (3) POWERS OF THE DEPARTMENT.--
9 (a) The department is authorized, on behalf of the
10 state, to do all things necessary or desirable to assist the
11 corporation in the execution of the corporation's
12 responsibilities, including, but not limited to, processing
13 budget amendments against the Department of Financial Services
14 Banking and Finance Tobacco Settlement Clearing Trust Fund,
15 subject to the requirements of s. 216.177, for the costs and
16 expenses of administration of the corporation in an amount not
17 to exceed $500,000; entering into one or more purchase
18 agreements to sell to the corporation any or all of the
19 state's right, title, and interest in and to the tobacco
20 settlement agreement; executing any administrative agreements
21 with the corporation to fund the administration, operation,
22 and expenses of the corporation from moneys appropriated for
23 such purpose; and executing and delivering any and all other
24 documents and agreements necessary or desirable in connection
25 with the sale of any or all of the state's right, title, and
26 interest in and to the tobacco settlement agreement to the
27 corporation or the issuance of the bonds by the corporation.
28 The department's authority to sell any or all of the state's
29 right, title, and interest in and to the tobacco settlement
30 agreement is subject to approval by the Legislature in a
31 regular, extended, or special session.
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1 Section 228. Subsection (3) and paragraph (a) of
2 subsection (5) of section 215.5601, Florida Statutes, are
3 amended to read:
4 215.5601 Lawton Chiles Endowment Fund.--
5 (3) LAWTON CHILES ENDOWMENT FUND; CREATION;
6 PRINCIPAL.--
7 (a) There is created the Lawton Chiles Endowment Fund,
8 to be administered by the State Board of Administration. The
9 endowment shall serve as a clearing trust fund, not subject to
10 termination under s. 19(f), Art. III of the State
11 Constitution. The endowment fund shall be exempt from the
12 service charges imposed by s. 215.20.
13 (b) The endowment shall receive moneys from the sale
14 of the state's right, title, and interest in and to the
15 tobacco settlement agreement as defined in s. 215.56005,
16 including the right to receive payments under such agreement,
17 and from accounts transferred from the Department of Financial
18 Services Banking and Finance Tobacco Settlement Clearing Trust
19 Fund established under s. 17.41. Amounts to be transferred
20 from the Department of Financial Services Banking and Finance
21 Tobacco Settlement Clearing Trust Fund to the endowment shall
22 be in the following amounts for the following fiscal years:
23 1. For fiscal year 1999-2000, $1.1 billion;
24 2. For fiscal year 2000-2001, $200 million;
25 3. For fiscal year 2001-2002, $200 million;
26 4. For fiscal year 2002-2003, $200 million; and
27 (c) Amounts to be transferred under subparagraphs
28 (b)2., 3., and 4. may be reduced by an amount equal to the
29 lesser of $200 million or the amount the endowment receives in
30 that fiscal year from the sale of the state's right, title,
31 and interest in and to the tobacco settlement agreement.
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1 (d) For fiscal year 2001-2002, $150 million of the
2 existing principal in the endowment shall be reserved and
3 accounted for within the endowment, the income from which
4 shall be used solely for the funding for biomedical research
5 activities as provided in s. 215.5602. The income from the
6 remaining principal shall be used solely as the source of
7 funding for health and human services programs for children
8 and elders as provided in subsection (5). The separate account
9 for biomedical research shall be dissolved and the entire
10 principal in the endowment shall be used exclusively for
11 health and human services programs when cures have been found
12 for tobacco-related cancer, heart, and lung disease.
13 (5) AVAILABILITY OF FUNDS; USES.--
14 (a) Funds from the endowment which are available for
15 legislative appropriation shall be transferred by the board to
16 the Department of Financial Services Banking and Finance
17 Tobacco Settlement Clearing Trust Fund, created in s. 17.41,
18 and disbursed in accordance with the legislative
19 appropriation.
20 1. Appropriations by the Legislature to the Department
21 of Health from endowment earnings from the principal set aside
22 for biomedical research shall be from a category called the
23 Florida Biomedical Research Program and shall be deposited
24 into the Biomedical Research Trust Fund in the Department of
25 Health established in s. 20.435.
26 2. Appropriations by the Legislature to the Department
27 of Children and Family Services, the Department of Health, or
28 the Department of Elderly Affairs for health and human
29 services programs shall be from a category called the Lawton
30 Chiles Endowment Fund Programs and shall be deposited into
31
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1 each department's respective Tobacco Settlement Trust Fund as
2 appropriated.
3 Section 229. Section 215.58, Florida Statutes, is
4 amended to read:
5 215.58 Definitions relating to State Bond Act.--The
6 following words or terms when used in this act shall have the
7 following meanings:
8 (1) "Governor" means shall mean the Governor of the
9 state or any Acting Governor or other person then exercising
10 the duties of the office of Governor.
11 (2) "Treasurer" shall mean the Insurance Commissioner
12 and Treasurer.
13 (3) "Comptroller" shall mean the State Comptroller.
14 (2)(4) "State" means shall mean the State of Florida.
15 (3)(5) "Division" means shall mean the Division of
16 Bond Finance.
17 (4)(6) "Board" means shall mean the governing board of
18 the said division, which shall be composed of the Governor and
19 Cabinet.
20 (5)(7) "Director" means shall mean the chief
21 administrator of the division, who shall act on behalf of the
22 division when authorized by the board, as provided by this
23 act.
24 (6)(8) "State agency" means shall mean any board,
25 commission, authority, or other state agency heretofore or
26 hereafter created by the constitution or statutes of the
27 state.
28 (7)(9) "Bonds" means shall mean state bonds, or any
29 revenue bonds, certificates or other obligations heretofore or
30 hereafter authorized to be issued by said division or by any
31 state agency.
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1 (8)(10) "State bonds" means shall mean bonds pledging
2 the full faith and credit of the State of Florida.
3 (9)(11) "Legislature" means shall mean the State
4 Legislature.
5 (11)(12) "Constitution" means shall mean the existing
6 constitution of the state, or any constitution hereafter
7 adopted by the people of the state, together with all
8 amendments thereof.
9 (11)(13) "Original issue discount" means the amount by
10 which the par value of a bond exceeds its public offering
11 price at the time it is originally offered to an investor.
12 (12)(14) "Governmental agency" means shall mean:
13 (a) The state or any department, commission, agency,
14 or other instrumentality thereof.
15 (b) Any county or municipality or any department,
16 commission, agency, or other instrumentality thereof.
17 (c) Any school board or special district, authority,
18 or governmental entity.
19 Section 230. Subsection (1) of section 215.62, Florida
20 Statutes, is amended to read:
21 215.62 Division of Bond Finance.--
22 (1) There is hereby created a division of the State
23 Board of Administration of the state to be known as the
24 Division of Bond Finance. The Governor shall be the chair of
25 the governing board of the division, the Attorney General
26 Comptroller shall be the secretary of the board, and the Chief
27 Financial Officer Treasurer shall be the treasurer of the
28 board for the purposes of this act. The division shall be a
29 public body corporate for the purposes of this act.
30 Section 231. Subsections (2), (3), (4), (5), and (8)
31 of section 215.684, Florida Statutes, are amended to read:
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1 215.684 Limitation on engaging services of securities
2 broker or bond underwriter convicted of fraud.--
3 (2) Upon notification under chapter 517 that a person
4 or firm has been convicted or has pleaded as provided in
5 subsection (1), the Chief Financial Officer Comptroller shall
6 issue a notice of intent to take action to disqualify such
7 person or firm, which notice must state that:
8 (a) Such person or firm is considered a disqualified
9 securities broker or bond underwriter;
10 (b) A state agency may not enter into a contract with
11 such person or firm as a securities broker or bond underwriter
12 for any new business for a period of 2 years;
13 (c) The substantial rights of such person or firm as a
14 securities broker or bond underwriter are being affected and
15 the person or firm has the rights accorded pursuant to ss.
16 120.569 and 120.57; and
17 (d) Such person or firm may petition to mitigate the
18 duration of his or her disqualification, based on the criteria
19 established in subsection (3) and may request that such
20 mitigation be considered as part of any hearing under ss.
21 120.569 and 120.57.
22 (3) The Chief Financial Officer Comptroller shall
23 decide, based on the following criteria, whether or not to
24 mitigate the duration of the disqualification:
25 (a) The nature and details of the crime;
26 (b) The degree of culpability of the person or firm
27 proposed to be requalified;
28 (c) Prompt or voluntary payment of any damages or
29 penalty as a result of the conviction and disassociation from
30 any other person or firm involved in the crimes of fraud;
31
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1 (d) Cooperation with state or federal investigation or
2 prosecution of the crime of fraud;
3 (e) Prior or future self-policing by the person or
4 firm to prevent crimes of fraud; and
5 (f) Reinstatement or clemency in any jurisdiction in
6 relation to the crime at issue in the proceeding.
7 (4) If the Chief Financial Officer Comptroller in his
8 or her sole discretion decides to mitigate the duration of the
9 disqualification based on the foregoing, the duration of
10 disqualification shall be for any period the Chief Financial
11 Officer Comptroller specifies up to 2 years from the date of
12 the person's or firm's conviction or plea. If the Chief
13 Financial Officer Comptroller refuses to mitigate the duration
14 of the disqualification, such person or firm may again file
15 for mitigation no sooner than 9 months after denial by the
16 Chief Financial Officer Comptroller.
17 (5) Notwithstanding subsection (4), a firm or person
18 at any time may petition the Chief Financial Officer
19 Comptroller for termination of the disqualification based upon
20 a reversal of the conviction of the firm or person by an
21 appellate court or a pardon.
22 (8) Except when otherwise provided by law for crimes
23 of fraud with respect to the transaction of business with any
24 public entity or with an agency or political subdivision of
25 any other state or with the United States, this act
26 constitutes the sole authorization for determining when a
27 person or firm convicted or having pleaded guilty or nolo
28 contendere to the crime of fraud may not be engaged to provide
29 services as a securities broker or bond underwriter with the
30 state. Nothing in this act shall be construed to affect the
31 authority granted the Chief Financial Officer Comptroller
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1 under chapter 517 to revoke or suspend the license of such
2 securities dealer or bond underwriter.
3 Section 232. Subsection (4) of section 215.70, Florida
4 Statutes, is amended to read:
5 215.70 State Board of Administration to act in case of
6 defaults.--
7 (4) Whenever it becomes necessary for state funds to
8 be appropriated for the payment of principal or interest on
9 bonds which have been issued by the Division of Bond Finance
10 on behalf of any local government or authority and for which
11 the full faith and credit of the state has been pledged, any
12 state shared revenues otherwise earmarked for the local
13 government or authority shall be used by the Chief Financial
14 Officer Comptroller to reimburse the state, until the local
15 government or authority has reimbursed the state in full.
16 Section 233. Subsection (4) of section 215.91, Florida
17 Statutes, is amended to read:
18 215.91 Florida Financial Management Information
19 System; board; council.--
20 (4) The council shall provide ongoing counsel to the
21 board and act to resolve problems among or between the
22 functional owner subsystems. The board, through the
23 coordinating council, shall direct and manage the development,
24 implementation, and operation of the information subsystems
25 that together are the Florida Financial Management Information
26 System. The coordinating council shall approve the
27 information subsystems' designs prior to the development,
28 implementation, and operation of the subsystems and shall
29 approve subsequent proposed design modifications to the
30 information subsystems subject to the guidelines issued by the
31 council. The coordinating council shall ensure that the
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1 information subsystems' operations support the exchange of
2 unified and coordinated data between information subsystems.
3 The coordinating council shall establish the common data codes
4 for financial management, and it shall require and ensure the
5 use of common data codes by the information subsystems that
6 together constitute the Florida Financial Management
7 Information System. The Chief Financial Officer Comptroller
8 shall adopt a chart of accounts consistent with the common
9 financial management data codes established by the
10 coordinating council. The board, through the coordinating
11 council, shall establish the financial management policies and
12 procedures for the executive branch of state government. The
13 coordinating council shall notify in writing the chairs of the
14 legislative fiscal committees and the Chief Justice of the
15 Supreme Court regarding the adoption of, or modification to, a
16 proposed financial management policy or procedure. The notice
17 shall solicit comments from the chairs of the legislative
18 fiscal committees and the Chief Justice of the Supreme Court
19 at least 14 consecutive days before the final action by the
20 coordinating council.
21 Section 234. Subsection (5) of section 215.92, Florida
22 Statutes, is amended to read:
23 215.92 Definitions relating to Florida Financial
24 Management Information System Act.--For the purposes of ss.
25 215.90-215.96:
26 (5) "Design and coordination staff" means the
27 personnel responsible for providing administrative and
28 clerical support to the board, coordinating council, and
29 secretary to the board. The design and coordination staff
30 shall function as the agency clerk for the board and the
31 coordinating council. For administrative purposes, the design
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1 and coordination staff are assigned to the Department of
2 Financial Services Banking and Finance but they are
3 functionally assigned to the board.
4 Section 235. Subsection (3) of section 215.93, Florida
5 Statutes, is amended to read:
6 215.93 Florida Financial Management Information
7 System.--
8 (3) The Florida Financial Management Information
9 System shall include financial management data and utilize the
10 chart of accounts approved by the Chief Financial Officer
11 Comptroller. Common financial management data shall include,
12 but not be limited to, data codes, titles, and definitions
13 used by one or more of the functional owner subsystems. The
14 Florida Financial Management Information System shall utilize
15 common financial management data codes. The council shall
16 recommend and the board shall adopt policies regarding the
17 approval and publication of the financial management data.
18 The Chief Financial Officer Comptroller shall adopt policies
19 regarding the approval and publication of the chart of
20 accounts. The Chief Financial Officer's Comptroller's chart
21 of accounts shall be consistent with the common financial
22 management data codes established by the coordinating council.
23 Further, all systems not a part of the Florida Financial
24 Management Information System which provide information to the
25 system shall use the common data codes from the Florida
26 Financial Management Information System and the Chief
27 Financial Officer's Comptroller's chart of accounts. Data
28 codes that cannot be supplied by the Florida Financial
29 Management Information System and the Chief Financial
30 Officer's Comptroller's chart of accounts and that are
31 required for use by the information subsystems shall be
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1 approved by the board upon recommendation of the coordinating
2 council. However, board approval shall not be required for
3 those data codes specified by the Auditor General under the
4 provisions of s. 215.94(6)(c).
5 Section 236. Subsections (2) and (3) and paragraph (a)
6 of subsection (5) of section 215.94, Florida Statutes, are
7 amended to read:
8 215.94 Designation, duties, and responsibilities of
9 functional owners.--
10 (2) The Department of Financial Services Banking and
11 Finance shall be the functional owner of the Florida
12 Accounting Information Resource Subsystem established pursuant
13 to ss. 17.03, 215.86, 216.141, and 216.151 and further
14 developed in accordance with the provisions of ss.
15 215.90-215.96. The subsystem shall include, but shall not be
16 limited to, the following functions:
17 (a) Accounting and reporting so as to provide timely
18 data for producing financial statements for the state in
19 accordance with generally accepted accounting principles.
20 (b) Auditing and settling claims against the state.
21 (3) The Chief Financial Officer Treasurer shall be the
22 functional owner of the Cash Management Subsystem. The Chief
23 Financial Officer Treasurer shall design, implement, and
24 operate the subsystem in accordance with the provisions of ss.
25 215.90-215.96. The subsystem shall include, but shall not be
26 limited to, functions for:
27 (a) Recording and reconciling credits and debits to
28 treasury fund accounts.
29 (b) Monitoring cash levels and activities in state
30 bank accounts.
31 (c) Monitoring short-term investments of idle cash.
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1 (d) Administering the provisions of the Federal Cash
2 Management Improvement Act of 1990.
3 (5) The Department of Management Services shall be the
4 functional owner of the Cooperative Personnel Employment
5 Subsystem. The department shall design, implement, and
6 operate the subsystem in accordance with the provisions of ss.
7 110.116 and 215.90-215.96. The subsystem shall include, but
8 shall not be limited to, functions for:
9 (a) Maintenance of employee and position data,
10 including funding sources and percentages and salary lapse.
11 The employee data shall include, but not be limited to,
12 information to meet the payroll system requirements of the
13 Department of Financial Services Banking and Finance and to
14 meet the employee benefit system requirements of the
15 Department of Management Services.
16 Section 237. Subsection (1) of section 215.95, Florida
17 Statutes, is amended to read:
18 215.95 Financial Management Information Board.--
19 (1) There is created, as part of the Administration
20 Commission, the Financial Management Information Board. The
21 board shall be composed of the Governor, the Chief Financial
22 Officer Comptroller, and the Attorney General Treasurer. The
23 Governor shall be chair of the board. The Governor or the
24 Chief Financial Officer Comptroller may call a meeting of the
25 board at any time the need arises.
26 Section 238. Subsections (1) and (2) of section
27 215.96, Florida Statutes, are amended to read:
28 215.96 Coordinating council and design and
29 coordination staff.--
30 (1) The Chief Financial Officer Comptroller, as chief
31 fiscal officer of the state, shall establish a coordinating
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1 council to function on a continuing basis. The coordinating
2 council shall review and recommend to the board solutions and
3 policy alternatives to ensure coordination between functional
4 owners of the various information subsystems described in ss.
5 215.90-215.96 to the extent necessary to unify all the
6 subsystems into a financial management information system.
7 (2) The coordinating council shall consist of the
8 Chief Financial Officer Comptroller; the Treasurer; the
9 secretary of the Department of Management Services; and the
10 Director of Planning and Budgeting, Executive Office of the
11 Governor, or their designees. The Chief Financial Officer
12 Comptroller, or his or her designee, shall be chair of the
13 coordinating council, and the design and coordination staff
14 shall provide administrative and clerical support to the
15 council and the board. The design and coordination staff shall
16 maintain the minutes of each meeting and shall make such
17 minutes available to any interested person. The Auditor
18 General, the State Courts Administrator, an executive officer
19 of the Florida Association of State Agency Administrative
20 Services Directors, and an executive officer of the Florida
21 Association of State Budget Officers, or their designees,
22 shall serve without voting rights as ex officio members on the
23 coordinating council. The chair may call meetings of the
24 coordinating council as often as necessary to transact
25 business; however, the coordinating council shall meet at
26 least once a year. Action of the coordinating council shall
27 be by motion, duly made, seconded and passed by a majority of
28 the coordinating council voting in the affirmative for
29 approval of items that are to be recommended for approval to
30 the Financial Management Information Board.
31
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1 Section 239. Section 215.965, Florida Statutes, is
2 amended to read:
3 215.965 Disbursement of state moneys.--Except as
4 provided in s. 17.076, s. 253.025(14), s. 259.041(18), s.
5 717.124(5), s. 732.107(5), or s. 733.816(5), all moneys in the
6 State Treasury shall be disbursed by state warrant, drawn by
7 the Chief Financial Officer Comptroller upon the State
8 Treasury and payable to the ultimate beneficiary. This
9 authorization shall include electronic disbursement.
10 Section 240. Paragraphs (a), (c), (j), (n), (p), and
11 (s) of subsection (2), subsections (3) and (4), paragraphs (a)
12 and (b) of subsection (5), paragraphs (a) and (d) of
13 subsection (6), paragraphs (a) and (c) of subsection (7),
14 paragraphs (e) and (g) of subsection (8), paragraph (e) of
15 subsection (9), and paragraphs (d) and (f) of subsection (10)
16 of section 215.97, Florida Statutes, are amended to read:
17 215.97 Florida Single Audit Act.--
18 (2) Definitions; as used in this section, the term:
19 (a) "Audit threshold" means the amount to use in
20 determining when a state single audit of a nonstate entity
21 shall be conducted in accordance with this section. Each
22 nonstate entity that expends a total amount of state financial
23 assistance equal to or in excess of $300,000 in any fiscal
24 year of such nonstate entity shall be required to have a state
25 single audit for such fiscal year in accordance with the
26 requirements of this section. Every 2 years the Auditor
27 General, after consulting with the Executive Office of the
28 Governor, the Chief Financial Officer Comptroller, and all
29 state agencies that provide state financial assistance to
30 nonstate entities, shall review the amount for requiring
31
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1 audits under this section and may adjust such dollar amount
2 consistent with the purpose of this section.
3 (c) "Catalog of State Financial Assistance" means a
4 comprehensive listing of state projects. The Catalog of State
5 Financial Assistance shall be issued by the Executive Office
6 of the Governor after conferring with the Chief Financial
7 Officer Comptroller and all state agencies that provide state
8 financial assistance to nonstate entities. The Catalog of
9 State Financial Assistance shall include for each listed state
10 project: the responsible state agency; standard state project
11 number identifier; official title; legal authorization; and
12 description of the state project, including objectives,
13 restrictions, application and awarding procedures, and other
14 relevant information determined necessary.
15 (j) "Major state project" means any state project
16 meeting the criteria as stated in the rules of the Executive
17 Office of the Governor. Such criteria shall be established
18 after consultation with the Chief Financial Officer
19 Comptroller and appropriate state agencies that provide state
20 financial assistance and shall consider the amount of state
21 project expenditures or expenses or inherent risks. Each major
22 state project shall be audited in accordance with the
23 requirements of this section.
24 (n) "Schedule of State Financial Assistance" means a
25 document prepared in accordance with the rules of the Chief
26 Financial Officer Comptroller and included in each financial
27 reporting package required by this section.
28 (p) "State financial assistance" means financial
29 assistance from state resources, not including federal
30 financial assistance and state matching, provided to nonstate
31 entities to carry out a state project. "State financial
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1 assistance" includes all types of state assistance as stated
2 in the rules of the Executive Office of the Governor
3 established in consultation with the Chief Financial Officer
4 Comptroller and appropriate state agencies that provide state
5 financial assistance. It includes state financial assistance
6 provided directly by state awarding agencies or indirectly by
7 recipients of state awards or subrecipients. It does not
8 include procurement contracts used to buy goods or services
9 from vendors. Audits of such procurement contracts with
10 vendors are outside of the scope of this section. Also, audits
11 of contracts to operate state-government-owned and
12 contractor-operated facilities are excluded from the audit
13 requirements of this section.
14 (s) "State Projects Compliance Supplement" means a
15 document issued by the Executive Office of the Governor, in
16 consultation with the Chief Financial Officer Comptroller and
17 all state agencies that provide state financial assistance.
18 The State Projects Compliance Supplement shall identify state
19 projects, the significant compliance requirements, eligibility
20 requirements, matching requirements, suggested audit
21 procedures, and other relevant information determined
22 necessary.
23 (3) The Executive Office of the Governor shall:
24 (a) Upon conferring with the Chief Financial Officer
25 Comptroller and all state awarding agencies, adopt rules
26 necessary to provide appropriate guidance to state awarding
27 agencies, recipients and subrecipients, and independent
28 auditors of state financial assistance relating to the
29 requirements of this section, including:
30 1. The types or classes of financial assistance
31 considered to be state financial assistance which would be
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1 subject to the requirements of this section. This would
2 include guidance to assist in identifying when the state
3 agency or recipient has contracted with a vendor rather than
4 with a recipient or subrecipient.
5 2. The criteria for identifying a major state project.
6 3. The criteria for selecting state projects for
7 audits based on inherent risk.
8 (b) Be responsible for coordinating the initial
9 preparation and subsequent revisions of the Catalog of State
10 Financial Assistance after consultation with the Chief
11 Financial Officer Comptroller and all state awarding agencies.
12 (c) Be responsible for coordinating the initial
13 preparation and subsequent revisions of the State Projects
14 Compliance Supplement, after consultation with the Chief
15 Financial Officer Comptroller and all state awarding agencies.
16 (4) The Chief Financial Officer Comptroller shall:
17 (a) Make enhancements to the state's accounting system
18 to provide for the:
19 1. Recording of state financial assistance and federal
20 financial assistance appropriations and expenditures within
21 the state awarding agencies' operating funds.
22 2. Recording of state project number identifiers, as
23 provided in the Catalog of State Financial Assistance, for
24 state financial assistance.
25 3. Establishment and recording of an identification
26 code for each financial transaction, including state agencies'
27 disbursements of state financial assistance and federal
28 financial assistance, as to the corresponding type or
29 organization that is party to the transaction (e.g., other
30 governmental agencies, nonprofit organizations, and for-profit
31 organizations), and disbursements of federal financial
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1 assistance, as to whether the party to the transaction is or
2 is not a recipient or subrecipient.
3 (b) Upon conferring with the Executive Office of the
4 Governor and all state awarding agencies, adopt rules
5 necessary to provide appropriate guidance to state awarding
6 agencies, recipients and subrecipients, and independent
7 auditors of state financial assistance relating to the format
8 for the Schedule of State Financial Assistance.
9 (c) Perform any inspections, reviews, investigations,
10 or audits of state financial assistance considered necessary
11 in carrying out the Chief Financial Officer's Comptroller's
12 legal responsibilities for state financial assistance or to
13 comply with the requirements of this section.
14 (5) Each state awarding agency shall:
15 (a) Provide to a recipient information needed by the
16 recipient to comply with the requirements of this section,
17 including:
18 1. The audit and accountability requirements for state
19 projects as stated in this section and applicable rules of the
20 Executive Office of the Governor, rules of the Chief Financial
21 Officer Comptroller, and rules of the Auditor General.
22 2. Information from the Catalog of State Financial
23 Assistance, including the standard state project number
24 identifier; official title; legal authorization; and
25 description of the state project including objectives,
26 restrictions, and other relevant information determined
27 necessary.
28 3. Information from the State Projects Compliance
29 Supplement, including the significant compliance requirements,
30 eligibility requirements, matching requirements, suggested
31
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1 audit procedures, and other relevant information determined
2 necessary.
3 (b) Require the recipient, as a condition of receiving
4 state financial assistance, to allow the state awarding
5 agency, the Chief Financial Officer Comptroller, and the
6 Auditor General access to the recipient's records and the
7 recipient's independent auditor's working papers as necessary
8 for complying with the requirements of this section.
9 (6) As a condition of receiving state financial
10 assistance, each recipient that provides state financial
11 assistance to a subrecipient shall:
12 (a) Provide to a subrecipient information needed by
13 the subrecipient to comply with the requirements of this
14 section, including:
15 1. Identification of the state awarding agency.
16 2. The audit and accountability requirements for state
17 projects as stated in this section and applicable rules of the
18 Executive Office of the Governor, rules of the Chief Financial
19 Officer Comptroller, and rules of the Auditor General.
20 3. Information from the Catalog of State Financial
21 Assistance, including the standard state project number
22 identifier; official title; legal authorization; and
23 description of the state project, including objectives,
24 restrictions, and other relevant information.
25 4. Information from the State Projects Compliance
26 Supplement including the significant compliance requirements,
27 eligibility requirements, matching requirements, and suggested
28 audit procedures, and other relevant information determined
29 necessary.
30 (d) Require subrecipients, as a condition of receiving
31 state financial assistance, to permit the independent auditor
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1 of the recipient, the state awarding agency, the Chief
2 Financial Officer Comptroller, and the Auditor General access
3 to the subrecipient's records and the subrecipient's
4 independent auditor's working papers as necessary to comply
5 with the requirements of this section.
6 (7) Each recipient or subrecipient of state financial
7 assistance shall comply with the following:
8 (a) Each nonstate entity that receives state financial
9 assistance and meets audit threshold requirements, in any
10 fiscal year of the nonstate entity, as stated in the rules of
11 the Auditor General, shall have a state single audit conducted
12 for such fiscal year in accordance with the requirements of
13 this act and with additional requirements established in rules
14 of the Executive Office of the Governor, rules of the Chief
15 Financial Officer Comptroller, and rules of the Auditor
16 General. If only one state project is involved in a nonstate
17 entity's fiscal year, the nonstate entity may elect to have
18 only a state project-specific audit of the state project for
19 that fiscal year.
20 (c) Regardless of the amount of the state financial
21 assistance, the provisions of this section do not exempt a
22 nonstate entity from compliance with provisions of law
23 relating to maintaining records concerning state financial
24 assistance to such nonstate entity or allowing access and
25 examination of those records by the state awarding agency, the
26 Chief Financial Officer Comptroller, or the Auditor General.
27 (8) The independent auditor when conducting a state
28 single audit of recipients or subrecipients shall:
29 (e) Report on the results of any audit conducted
30 pursuant to this section in accordance with the rules of the
31 Executive Office of the Governor, rules of the Chief Financial
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1 Officer Comptroller, and rules of the Auditor General. Audit
2 reports shall include summaries of the auditor's results
3 regarding the nonstate entity's financial statements; Schedule
4 of State Financial Assistance; internal controls; and
5 compliance with laws, rules, and guidelines.
6 (g) Upon notification by the nonstate entity, make
7 available the working papers relating to the audit conducted
8 pursuant to the requirements of this section to the state
9 awarding agency, the Chief Financial Officer Comptroller, or
10 the Auditor General for review or copying.
11 (9) The independent auditor, when conducting a state
12 project-specific audit of recipients or subrecipients, shall:
13 (e) Upon notification by the nonstate entity, make
14 available the working papers relating to the audit conducted
15 pursuant to the requirements of this section to the state
16 awarding agency, the Chief Financial Officer Comptroller, or
17 the Auditor General for review or copying.
18 (10) The Auditor General shall:
19 (d) Provide technical advice upon request of the Chief
20 Financial Officer Comptroller, Executive Office of the
21 Governor, and state agencies relating to financial reporting
22 and audit responsibilities contained in this section.
23 (f) Perform ongoing reviews of a sample of financial
24 reporting packages filed pursuant to the requirements of this
25 section to determine compliance with the reporting
26 requirements of this section and applicable rules of the
27 Executive Office of the Governor, rules of the Chief Financial
28 Officer Comptroller, and rules of the Auditor General.
29 Section 241. Paragraph (a) of subsection (2) of
30 section 216.0442, Florida Statutes, is amended to read:
31
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1 216.0442 Truth in bonding; definitions; summary of
2 state debt; statement of proposed financing; truth-in-bonding
3 statement.--
4 (2) When required by statute to support the proposed
5 debt financing of fixed capital outlay projects or operating
6 capital outlay requests or to explain the issuance of a debt
7 or obligation, one or more of the following documents shall be
8 developed:
9 (a) A summary of outstanding state debt as furnished
10 by the Chief Financial Officer Comptroller pursuant to s.
11 216.102.
12 Section 242. Section 216.102, Florida Statutes, is
13 amended to read:
14 216.102 Filing of financial information; handling by
15 Chief Financial Officer Comptroller; penalty for
16 noncompliance.--
17 (1) By September 30 of each year, each agency
18 supported by any form of taxation, licenses, fees, imposts, or
19 exactions, the judicial branch, and, for financial reporting
20 purposes, each component unit of the state as determined by
21 the Chief Financial Officer Comptroller shall prepare, using
22 generally accepted accounting principles, and file with the
23 Chief Financial Officer Comptroller the financial and other
24 information necessary for the preparation of annual financial
25 statements for the State of Florida as of June 30. In
26 addition, each such agency and the judicial branch shall
27 prepare financial statements showing the financial position
28 and results of agency or branch operations as of June 30 for
29 internal management purposes.
30 (a) Each state agency and the judicial branch shall
31 record the receipt and disbursement of funds from federal
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1 sources in a form and format prescribed by the Chief Financial
2 Officer Comptroller. The access to federal funds by the
3 administering agencies or the judicial branch may not be
4 authorized until:
5 1. The deposit has been recorded in the Florida
6 Accounting Information Resource Subsystem using proper,
7 consistent codes that designate deposits as federal funds.
8 2. The deposit and appropriate recording required by
9 this paragraph have been verified by the Office of the Chief
10 Financial Officer Treasurer.
11 (b) The Chief Financial Officer Comptroller shall
12 publish a statewide policy detailing the requirements for
13 recording receipt and disbursement of federal funds into the
14 Florida Accounting Information Resource Subsystem and provide
15 technical assistance to the agencies and the judicial branch
16 to implement the policy.
17 (2) Financial information must be contained within the
18 Florida Accounting Information Resource Subsystem. Other
19 information must be submitted in the form and format
20 prescribed by the Chief Financial Officer Comptroller.
21 (a) Each component unit shall file financial
22 information and other information necessary for the
23 preparation of annual financial statements with the agency or
24 branch designated by the Chief Financial Officer Comptroller
25 by the date specified by the Chief Financial Officer
26 Comptroller.
27 (b) The state agency or branch designated by the Chief
28 Financial Officer Comptroller to receive financial information
29 and other information from component units shall include the
30 financial information in the Florida Accounting Information
31 Resource Subsystem and shall include the component units'
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1 other information in its submission to the Chief Financial
2 Officer Comptroller.
3 (3) The Chief Financial Officer Comptroller shall:
4 (a) Prepare and furnish to the Auditor General annual
5 financial statements for the state on or before December 31 of
6 each year, using generally accepted accounting principles.
7 (b) Prepare and publish a comprehensive annual
8 financial report for the state in accordance with generally
9 accepted accounting principles on or before February 28 of
10 each year.
11 (c) Furnish the Governor, the President of the Senate,
12 and the Speaker of the House of Representatives with a copy of
13 the comprehensive annual financial report prepared pursuant to
14 paragraph (b).
15 (d) Notify each agency and the judicial branch of the
16 data that is required to be recorded to enhance accountability
17 for tracking federal financial assistance.
18 (e) Provide reports, as requested, to executive or
19 judicial branch entities, the President of the Senate, the
20 Speaker of the House of Representatives, and the members of
21 the Florida Congressional Delegation, detailing the federal
22 financial assistance received and disbursed by state agencies
23 and the judicial branch.
24 (f) Consult with and elicit comments from the
25 Executive Office of the Governor on changes to the Florida
26 Accounting Information Resource Subsystem which clearly affect
27 the accounting of federal funds, so as to ensure consistency
28 of information entered into the Federal Aid Tracking System by
29 state executive and judicial branch entities. While efforts
30 shall be made to ensure the compatibility of the Florida
31 Accounting Information Resource Subsystem and the Federal Aid
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